When a second I-140 is filed, is Premium Processing available?
When a subsequent I-140 is filed by a successor-in-interest, USCIS can accept the Premium Processing request only if it has access to the original ETA 9089 PERM Approval. If the USCIS cannot get access to the original, the Premium Processing will be rejected.
To upgrade an I-140 filing that is in regular processing, the applicant must submit the I-907, the appropriate filing fee, and a copy of the I-140 Receipt Notice to the USCIS Service Center that has the I-140 petition pending. If there is an attorney representative on the I-140, a G-28 must also be submitted.
Rajiv and his team were very swift and helpful in answering our questions related to some of the challenges we faced on non-immigrant and immigrant petitions filed through a different attorney. Rajiv is approachable and honest on what he can and cannot do.
Department of State (DOS) announced today that the Agreement between the United States of America and
In our first call, the attorney gave us right direction and suggestions. Great job.
Thank you Mr.Khanna and Team for clearing my questions on expired I-94 and AOS.Speaking to you gave confidence & helped us to make the travel plans. Appreciate your knowledge on immigation issues and thanks once again for your time ! -sharath
N-400 Average Cycle Time
This report provides the service-wide military naturalization average cycle times by month.
N-400 Performance Data
This report provides the number of Naturalizations N-400 Regular and Military Service. It includes office locations, receipts, approvals, denials and pending by fiscal year with current year-to-date figures.
My H-1B petition was filed with premium processing. We received a Request for Evidence (RFE), but it has now been four months, and the case is still not approved. How do I get a refund of the premium processing fee?
Premium processing does not guarantee an approval within 15 days. This 15-day period may include either an approval, a denial, or a request for evidence. Therefore, the case will not be eligible for a refund of the premium processing fee.
Can dependents of an R-1 beneficiary work while in the U.S.?
An R-1 worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification, but the dependents of an R-1 worker may not accept employment while in the United States in R-2 status.
Please check the attachment to read the DOS cabel on "DOS Issues Cable on B-1 in Lieu of H".
I can thank Mr Rajiv Khanna million times for what nature of practice his firm has. I still have an intangible immigrational problem in US, having business there and not able to go, son is suffering with illness but able to go, very confussed, looking all around for any kind of help. Most of the law firm wanted to get the money before even talking. But when we contacted Mr Khanna's firm, without creating any hurddles, confirmed my personal conference with him and guided me to right direction to try and given me hope to come back again. That was his incredible sevices ever any body can immagine.
DOL issues guidance letter on services for trafficking victims.
Please check the attachment to read the letter.
USCIS created a new controversy in the EB-5 immigrant investor world when it released a memorandum on February 17, 2012, concerning what it calls the “tenant-occupancy” economic methodology. On May 8, 2012, USCIS provided guidance on what deference it would give prior EB-5 adjudications that involved tenant-occupancy issues:
Please click here for the Guidance
Will I be able to file my R-1 petition using premium processing?
Premium Processing will be permitted only for those petitioners who have previously completed a successful on-site inspection at the location where the beneficiary will be employed.
If I do not file my petition using premium processing, how long will it be before I receive a decision from USCIS?
For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.
I will be completing my Bachelor's Degree in August 2013. Am I eligible to apply to submit my petition on April 1, 2013, for the 2014 H-1B quota?
All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.
[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65477-65478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26554]
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DEPARTMENT OF STATE
22 CFR Part 52
[Public Notice 8074]
RIN 1400-AD27
Repeal of Regulations on Marriages
AGENCY: Department of State.
ACTION: Final rule.
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The U.S. Department of Homeland Security has many avenues for the public to make complaints involving DHS employees or programs, alleged violations of civil rights and civil liberties, immigration filing, travel redress, and other types of grievances. This guide brings together information about these avenues.
Please check attachment.
Our client received an approved I-140 for EB-2, but, with the priority dates at a standstill, opted to file under EB-1 as well. She had three Ph.D.’s in Marketing and Management. We provided documentary evidence to show her unique specialty in the social sciences. This applicant had some significant publications but not as many of some other scientists. However, we were able to prove that, with social scientists, the data collection process takes substantially more time and, therefore, the volume of publications would not be the same as a hard scientist. We were able to show that sever
The applicant had a Ph.D. (Physics), Master of Science (Physics), Bachelor of Education, and Bachelor of Science and more than fourteen years’ research experience working for several world-renowned institutions. Her discipline was Biometeorology – Atmospheric Scientist. We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has her Ph.D.
I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?
Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Have been dealing with Mr. Rajiv Khanna and his team for the last several years. Exceptional professional service! A quick grasp of any complex situation and defintely he provides a solution that is pragmatic. A very rare and talented attorney who protects the rights but has empathy, at heart for his clients.