Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Registernotice.
First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
I have a situation:<br>
I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
Questions:<br>
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
2) How long will the petition will take to come to a decision (~estimate)?<br>
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=382
FAQ Transcript:
My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
1) Can I file for H-4 EAD?<br>
2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
USCIS wants you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, USCIS may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a signature.
On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Rules and Regulations]
[Pages 32267-32294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13919]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This bulletin summarizes the availability of immigrant numbers during July
U.S. Citizenship and Immigration Services (USCIS) and the Office of the Mayor of New York City have joined forces to strengthen citizenship education and awareness efforts in the City of New York. The new partnership began today as part of a signed letter of agreement between USCIS Director Léon Rodríguez and New York Mayor Bill de Blasio. The agreement will remain in effect until Dec. 31, 2018.
Overall process was very clear and simple. I had to just fill out a simple form and a few documents and rest has been taken care of. Very good in communication, I was informed about each step and status about my case.
Some people wait too long to request DACA renewal or do not correctly submit all the required forms and fees. As a result, their Employment Authorization Documents may expire before USCIS can finish processing their requests for DACA renewal.
On June 5, 2015, USCIS announced that it had reopened the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2015. USCIS has now received a sufficient number of petitions to reach the H-2B cap for the second half of FY 2015.
USCIS has issued an update to Form I-829, Petition by Entrepreneur to Remove Conditions. The new edition is dated 05/07/15.
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
Mr.Rajiv Khanna's office was very helpful in every stage of our application process and they are thoroughly knowledgeable. I am extremely satisfied with their services. Thanks Mr.Rajiv!
In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration. The concern is well-founded in that receiving public (Federal or State) means tested (that depend upon the amount of income/expense) can lead to a determination that an applicant can become dependent upon government resources ("public charge").
FAQ 1. I am presently in Canada on a work permit and want to apply for H-4 EAD. My husband has a valid H-1 and an approved green card application . So we are eligible for applying. My question is that can I visit US for 2-3 days, mail my application and then leave the country? Do I need to be in the US when the USICS receives my application? Or I can immediately leave after mailing the application? <p>
FAQ 2. My spouse's PERM approved & his employer is still gathering required documents to file I-140. It is still within 180 days limit. Can I apply for H-4 EAD with my spouse approved PERM copy and other documents required ( eligible under beyond 6 years extension of H-1 & PERM pending 365 days) ? Or do I have to wait until his I-140 filed ?
Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending.
Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension).
WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.
Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.
The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug.
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.
Thanks.