USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
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Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Visa Bulletin - December 2018
Number 24
Volume X
Washington, D.C
Agency
Green Card
Immigration Law
Impact of Unlawful Presence
Question details
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
Video Transcript:
FAQ Transcript
Note: 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.
Unlawful Presence for Minors
Question details
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
FAQ Transcript
Note: 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.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: December 2018
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
How Can I Downgrade from EB-2 to EB-3 and Consequences
Question details
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video Transcript
FAQ Transcript
Note: 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.
Traveling Abroad While H-4 EAD is Pending
Question details
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
FAQ Transcript
Note: 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.
Filing Change of Address
Question details
I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video Transcript
FAQ Transcript
Note: 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.
USCIS Policy Guidance on NTA
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
Starting Business While on Student Visa
Question details
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video Transcript
FAQ Transcript
Note: 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.
Being Without a Job on AC21
Question details
I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
FAQ Transcript
Note: 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.
Recording of Free Community Conference Call (Every Other Thursday) , November 29, 2018
Immigration.com
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Guestbook Entry for Bimal Budhabhatti, United States
Name
Bimal Budhabhatti
Country
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State
TX
Guestbook Entry for Srini Kovi , United States
Name
Srini Kovi
Country
United States
State
GA
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Hi Rajiv & Team,
My wife and myself finally got our Green Cards approved few days back. It took us about 3.5years from start to end due to broken immigration system. I am very impressed with the services provided by your team during this process.I am particular impressed with the professionalism with which our cases were handled and have processes in place to detect human errors. During critical times like filing I485 in Dec05, your team has prepared&reviewed the forms in 2days and that helped us getting the GC sooner. Personally thankful to Rajiv & Mathew for finding time to call me and answer my questions.
Guestbook Entry for Prasanna Narayanasamy, United States
Name
Prasanna Narayanasamy
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OR
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The GC process is unnerving, tedious and complicated. Choosing you as my lawyer gave me peace of mind and confidence that I will be able to file in time - I filed my labor only in mid-July, but was still able to file 140 and 485 concurrently well within time.
Before this blog, I used to ask questions from all my friends to understand the processes. This blog was just great helping me to be so well informed that I started giving suggestions to my friends. The information was accurate and quickly delivered straight by Rajiv, so I knew I could follow it with confidence. I was really amazed by the quick turnaround on almost all questions posted.
Special thanks to my case manager Heather for giving personal attention, being very responsive and working so many late hours to help us out. I want you to know that your work has helped me and my family very much. The past 2 months have been really taxing for you. I feel you really deserve a good vacation after August 17
Continue the great work. Expand your firm and help more people. Many Thanks.
Guestbook Entry for Raghava Munivenkatappa , United States
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Raghava Munivenkatappa
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United States
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My O petition was approved through your help and when I went for O1 Stamping my visa was not issued due to Chennai consulate in patent misunderstanding of the law that being subject to INA Section 212(e) home residency requirement.
Finally Mr Khanna sent the a brief explanation that "It is long settled law that 212(e) does NOT apply to O-1 visas" and i got the O1 stamping. I am convinced that with the current experience of obtaining the O visa with your guidance, and support of Miss Diane Lombardo and Miss Anna Baker I would definitely be a client for my future needs. I am very pleased with the service and the application was very diligently prepared by your staff with communicating with different parties of my sponsor institution. The staff at the sponsor institution were amazed by the pleasant nature of Miss Diane Lombardo. I was very confident by your mails that my visa will successfully stamped. I whole heartedly thank you Mr. Khanna and your team. I would advise my pears to get the best job done right, is to hire Mr. Khanna. I am eagerly looking forward to working with you in the future. Thanks, Raghava Munivenkatappa
Guestbook Entry for Ali Arshad, United States
Name
Ali Arshad
Country
United States
State
Washington
Comment
My labor certification just got approved today.We applied for it on June 26th so it took exactly 75 days.I just want to thank Law offices of Rajiv Khanna for their professional services.They have been very efficient and I am looking forward for the rest of the process with them.
Guestbook Entry for Ranjit Talasila , United States
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Ranjit Talasila
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United States
State
California
Comment
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.
My Experience
1. N-400, filed Feb-2006
2. Fingerprint: Completed Mar-2006.
3. Received interview letter April 2006.
4. Interview completed Jun-2006, tests passed, the FBI name check is pending.
5. Aug-2006, approached US congress Representative, office sent letter to FBI, answer received in October: Name Check is pending,
letter also stated the date when FBI received request from USCIS; knowing of this date was helpful; I was using this date in my
Citizenship and Naturalization
Visa Bulletin for April 2015
This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.
Cap Count for H-2B Nonimmigrants as of 02/13/2015
The H-2B Program
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."
Interview at Philadelphia
11:15 Went through security then directed to the appropriate waiting room;
There were other couples, and I must say the office really looked busy as there were many IO’s. Well I assumed they were at the rate in which families being interviewed were going in and out.
Our chance came eventually and we were called in by a fine lady, whose first thing was to swear us in. She appeared like she wanted to laugh through some of the proceedings although she kept a serious look.
Some of the questions asked;
My green card is being processed through Rajiv Khanna's office and I am extremely happy with the services they have provided at various stages. My company was taken over by another company and my company had filed for I-140 amendment for name change. It was approved without any queries. I would recommend anyone and everyone to avail immigration services from Law offices of Rajiv Khanna. They are highly professional.