USCIS Forms Update Notice
USCIS recently updated the following form(s):
USCIS recently updated the following form(s):
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
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.
Processi |
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USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners.
On May 20, 2019, the Texas Service Center will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petitions requesting:
Added to the backlog woes is the spike in denials of naturalization applications "The grounds for denial are unpredictable, they could even relate to errors made when obtaining H-1B visas or green cards. This adds to the uncertainty," said Rajiv S Khanna, managing attorney at Immigration.com. " An entrepreneur had sponsored a green card for an employee without mentioning that he was a distant relative. He thought it was immaterial as the relationship was so distant. Today, this entrepreneur is unable to become a US citizen," Khanna said.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a new strategy known as eProcessing to accelerate USCIS’ transition to a digital business model. eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.
“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI.
“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds.
FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions
Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.
1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br>
2. Any particular documents needed for getting the H1b approved for 3 years?<br>
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br>
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
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.
However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
Please check the attachment to read memo.
We have worked with Mr. Khanna's law office for last 7+ years on various cases and commend them for their professional and meticulous handling of all cases. He and his staff are knowledgable, professional, organized and has been readly available to answer any questions we have had through out the process. In addition to providing legal service his firm also provides wealth of legal know how through forums and weekly calls. I will continue to use Mr. Khanna's firm for our legal requirements and would highly recommend them to others.
I have worked with Ms. Diane Lombardo and Mr. Khanna from past several years for my O-1 visa, J1 Waiver and GC. Diane and Mr. Khanna are always very accommodating and helpful. They have guided me through the entire process diligently and professionally. I have very truly recommend them to my friends without any second thoughts.
Topic: Accreditation of Distance Education in USA
Date: March 12, 2012
Total Time: 2 mintues 40 seconds
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
A number of people have asked me this question in the last few days about how do they tell, if they finish a masters degree online through distance education in the U.S., how do they know if the degree is accredited?
I have looked into this issue because it became such a big issue for people, especially those who are born in countries where EB-3 is very backed up and EB-2 is a much better option.
So I did some review. This is the best of my knowledge. I am not an expert in accreditations, but what I see is this. On the screen in front of you, you see this page where they talk about accrediting agencies recognized for distance education and correspondence education.
This is a page on the Department of Education website.
http://www2.ed.gov/admins/finaid/accred/accreditation_pg10.html
Let me backtrack for a second.
First thing you do is ask the school where you want to go whether the particular program you want to do is accredited and, if so, who accredits it. In other words, the accreditation agency that is accrediting it. Get the name, and see if that name appears on this list right here.
Sometimes a particular program or a particular degree might be accredited, but not the whole school, and sometimes vice versa. So be careful--make sure that particular program is covered by the accreditation.
Good luck to you folks and if you have further questions, log in to the community conference call or we can talk a little bit on the blog itself.
Number 43
Volume IX
Washington, D.C.
Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
The U.S. Mission in Russia is pleased to announce an expansion of our current interview waiver program as a part of President Obama’s Executive Order to substantially increase travel and tourism to the United States. Starting immediately, certain applicants who have previously been issued a visa that expired in the past 47 months will be eligible to renew their visa without an interview.
USCIS is underway in 2012 with priority initiatives to help safeguard our nation’s security, uphold the integrity of the immigration system, and carry forward our country’s proud tradition as a land of hope and opportunity.
Mr. Khanna, Anna and Judi patiently answered all of our questions and returned our calls quickly, always providing the information we needed with professionalism and PATIENCE. Thank you for all of your assistance!
Mr. Rajiv is very helpful to Indian community through community call as well as to students.. he has profound knowledge in all category of immigration from employment to family. Very satisfied with consultation. Thank you very much.
PROGRAM OPERATIONS MANUAL SYSTEM
Part 01 - Records Maintenance
Chapter 102 - The Social Security Number, Policy and General Procedures
Subchapter 11 - Alien Evidence for an SSN
Transmittal No. 17, 02/14/2012
Audience
FO/TSC: CR, CR TII, CR TXVI, DRT, DT, FR, OA, OS, RR, SR, TA, TE, TSC-SR
PSC: CA, SCPS, ICDS, CS, TSA, TST, IES, ISRA, RECONR
MAMPSC: DMS, ISRA, OAS, SPIKE
OCO-OIO: ANC, CR, CAQCR, CTE, FCR
Originating Component
OISP
Effective Date
February 14, 2012
Background
The Department of Homeland Security (DHS), Customs and Border Protection (CBP) is making systematic changes to fully automate the paper Form I-94 (Arrival/Departure Record). As a result, the Systematic Alien Verification for Entitlements (SAVE) program introduced a new method of verifying the I-94 in an effort to ensure successful verification responses. In order to continue successful SAVE verification, we updated the Social Security Number Application Process (SSNAP) to accommodate a new document type, "I-94 w/Unexpired Foreign Passport," that you must now use when an applicant submits both an I-94 and an unexpired foreign passport. Failure to enter the unexpired foreign passport when available may significantly delay SAVE verification.
Summary of Changes
RM 10211.135 Evidence of Non-immigrant Status for an SSN Card
Subsection A. - We updated this subsection to bring the requirements for evidence of non-immigrant status in line with the current identity evidence requirements. We made minor changes throughout this section to comply with the agency's initiative to write in plain language.
RM 10211.140 Entering Information from Form I-94 (Arrival/Departure Record) into the Enumeration System
We created this new section to provide instructions on how to enter the Form I-94 in the Enumeration System, depending on whether the applicant submits an unexpired foreign passport.
RM 10211.135 Evidence of Non-immigrant Status for an SSN Card
Each alien lawfully admitted as a non-immigrant should have an unexpired immigration document and an unexpired foreign passport as evidence of his or her status. In some cases, the alien may have a current immigration document, but may not have an unexpired foreign passport (e.g., asylees, refugees, parolees, victims of severe forms of trafficking, or certain Canadian citizens). In these situations, accept the unexpired immigration document alone. For instructions on how to enter the I-94 in the Enumeration System, see RM 10211.140.
Review the evidence in accordance with RM 10210.210 and RM 10210.560. Check both sides of documents issued to non-immigrants for alien registration numbers (A number), expiration dates, or extensions.
Do not process the SSN application when a non-immigrant submits an expired Department of Homeland Security (DHS) document or one that will expire within 14 days, since we cannot assign an SSN. Refer the individual to DHS and provide written notice per RM 10215.115.
See Also
RM 10205.020 When an SSN Application May Not be Processed
RM 10205.090 Form SS-5 Received in the Mail and Additional Documentation is Needed
RM 10213.300 Procedure when a Person's Evidence or Lawful Alien Status Expires within 14 Days of Filing for an SSN
The alien must submit the appropriate immigration document. A letter from U.S. immigration authorities, receipt, copy of an application form, or any immigration document not listed in this subchapter is not acceptable evidence of alien status in lieu of the appropriate immigration document. If an alien submits one of these documents, do not process the SSN application.
NOTE: For instructions on processing applications for lawfully admitted aliens without U.S. immigration documentation, see RM 10211.075.
For exhibits of the various versions of the I-94, refer to the Administrative Confidential Memorandum (ACM). You may encounter the following described versions.
Carriers of passengers seeking admission into the U.S. and using the I-94 manifest procedure use this edition issued 04/15/86, or later. The non-immigrant completes the I-94 and presents it to the Customs and Border Protection (CBP) officer at an authorized U.S. port of entry. The CBP officer stamps the I-94 along with the unexpired foreign passport and gives final approval for admission into the U.S. in a specific non-immigrant status for an authorized period.
This version of the I-94:
Shows a preprinted admission number as the departure number on the Departure Record (the part the alien retains).
May show a handwritten departure number when CBP electronically assigns the alien an I-94 number in their system. Effective February 14, 2012, CBP generally handwrites an electronic I-94 number on I-94s issued to non-immigrants without a foreign passport (e.g., asylees, refugees, and parolees). In these situations, the handwritten departure number supersedes the preprinted number. The preprinted number may or may not be crossed-out.
Has the admission stamp in the upper right corner.
May be in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Japan Air Lines prints I-94s in Japanese and Lufthansa prints I-94s in German).
NOTE: The U.S. Citizenship and Immigration Services (USCIS) also issues this version of the I-94 to certain asylees upon granting asylum. The I-94 may be typed or handwritten. See RM 10211.205.
Carriers who entered into a Visa Waiver Program (VWP) Agreement widely used the green card stock I-94W (Non-immigrant Visa Waiver Arrival/Departure Form) from May 1991 through April 2010. In May 2010, CBP transitioned to an automated process for VWP travelers, in turn phasing-out the I-94W in air and sea environments. While CBP still issues the I-94W at land ports or during a system outage, the majority of VWP travelers admitted to the U.S. will not have an I-94W. For information on evidence replacing the I-94W, see RM 10211.135E. (in this section).
The I-94W:
Is generally a pale green color (some may be a darker mint green).
Shows the alien's admission number as the departure number on the Departure Record (the part the alien retains).
Has the admission stamp in the upper right corner.
May be printed in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Lufthansa prints I-94Ws in German and Japan Air Lines prints I-94Ws in Japanese).
CBP admits an alien with an I-94W as a visitor for pleasure (WT) or business (WB) for up to 90 days. Aliens using this form must be a citizen of one of the following 36 participating countries:
Andorra |
Hungary |
New Zealand |
Australia |
Iceland |
Norway |
Austria |
Ireland |
Portugal |
Belgium |
Italy |
San Marino |
Brunei |
Japan |
Singapore |
Czech Republic |
Latvia |
Slovak Republic (Slovakia) |
Denmark |
Liechtenstein |
Slovenia |
Estonia |
Lithuania |
South Korea |
Finland |
Luxembourg |
Spain |
France |
Malta |
Sweden |
Germany |
Monaco |
Switzerland |
Greece |
the Netherlands |
United Kingdom |
NOTE: DHS periodically designates additional countries as visa waiver countries. If the applicant is not a citizen of one of the listed countries, contact Regional Office (RO) staff for further information. For guidance, RO staff should contact enumeration evidence staff in the Office of Income Security Programs (OISP).
USCIS may extend a period of admission or change a non-immigrant status after CBP issues an I-94. The I-797A (Notice of Action) approval notice serves as proof of the approval for an extension or change of status. The lower portion of the form, also known as the tear-off computer generated I-94, replaces the original I-94.
NOTE: The tear-off I-94 portion of the I-797A does not need to be accompanied by the approval notice form for the I-94 to be valid or acceptable.
The tear-off I-94:
Is printed on the same type of security paper as naturalization certificates.
Does not have an admission stamp.
Has a receipt number starting with three letters (EAC, WAC, LIN, or SRC) followed by a series of numbers.
Has an admission number (I-94 number) on the left hand side.
Shows the alien class of admission.
Displays the validity period.
See exhibit, tear-off I-94 portion of I-797A in RM 10211.135E.1. (in this section).
Generally, the I-94 contains a valid admission stamp displaying:
Information about the DHS, CBP field office having jurisdiction over the port of entry;
Information about the alien’s port of entry and date of admission;
A four-digit stamp identification number; and
The alien's class of admission and validity date (e.g., the date admitted until) endorsed in ink by the admitting officer.
EXCEPTION: Admission stamps for refugees, parolees, and asylees display different information. See RM 10211.135D. (in this section).
See Details:
RM 10211.185 Evidence of Refugee Status for an SSN Card
RM 10211.195 Evidence of Parolee Status when Form I-94 is Submitted
RM 10211.205 Evidence of Asylee Status for an SSN Card
Following are exhibits of the different admission stamps placed on the I-94. For more detailed information and exhibits of the current versions of the admission stamp, refer to the ACM.
G-RM_10211.135D-1
G-RM_10211.135D-2
G-RM_10211.135D-3
G-RM_10211.135D-4
Consider an alien who does not have an I-94 lawfully admitted, if he or she submits one of the following documents.
NOTE: Aliens presenting any of these documents do not have employment authorization.
DOCUMENT |
TITLE/DESCRIPTION |
---|---|
DSP-150 |
USA B1/B2 VISA BORDER CROSSING CARD (BCC) (for temporary visitors for business or pleasure (B1/B2) who are Mexican citizens residing near the U.S. border. |
CBP I-95A |
Crewman's Landing Permit (for foreign crewmen between trips). |
I-184 |
Alien Crewman Landing Permit and Identification Card (for temporary shore leave while in port). |
WB or WT class of admission shown on Admission Stamp in unexpired foreign passport |
Visitor for business (WB) or pleasure (WT) under the Visa Waiver Program effective May 2010. |
RM 10211.420 Employment Authorization for Non-immigrants
RM 10211.600 Requests for an SSN from an Alien without Work Authorization
RM 10211.140 Entering Information from Form I-94 (Arrival/Departure Record) into the Enumeration System
The method that you must use to enter the I-94 in the Enumeration System depends on whether the applicant submits an unexpired foreign passport.
See Details:
RM 10211.140A., applicant submits I-94 with unexpired foreign passport
RM 10211.140B., applicant submits I-94 without unexpired foreign passport
When an applicant submits an I-94 in conjunction with an unexpired foreign passport, follow these steps to enter the evidence in the Enumeration System in order to prevent unnecessary delays in the Systematic Alien Verification for Entitlements (SAVE) verification.
On the "Proof of Legal Alien Status" screen:
Select "I-94 w/Unexpired Foreign Passport" from the Primary DHS Document drop-down menu.
Do not select "I-94 Arrival-Departure Record."
Failure to enter the I-94 in combination with the unexpired foreign passport when available may significantly delay SAVE verification.
NOTE: If you enter the same evidence for both identity and lawful alien status, select the same drop-down option "I-94 w/Unexpired Foreign Passport" on the "Proof of Identity" screen and select the prefill button.
EXCEPTIONS: Foreign students (F1) and exchange visitors (J1) must submit the I-94 and unexpired foreign passport in combination with either the I-20 (Certificate of Eligibility for Nonimmigrant (F1) Student) or DS-2019 (Certificate of Eligibility for Exchange Visitor (J1) Status). For instructions on how to enter these documents in the Enumeration System, follow RM 10211.295 and RM 10211.365 respectively.
Complete each field on the "Proof of Legal Alien Status" screen as follows.
Select the name that appears on the I-94 from the drop-down menu.
If the I-94 shows an issue or admission stamp date, select "Date" from the drop-down menu. The system will prompt you to enter the date. If the I-94 does not show an issue date, select "None."
Enter the date the I-94 expires, usually shown as the valid until date. If the I-94 reflects no expiration date, "D/S" or "Indefinite," you must enter a future date. Enter the current calendar date plus 10 years.
Select the class of admission (COA) code corresponding to the COA shown on the I-94.
Enter the I-94 number. If the I-94 shows both a preprinted and handwritten number, use the handwritten number.
If the applicant has a nonimmigrant visa, enter the visa number here. This is an optional field, but may assist in the SAVE verification. For an exhibit of a nonimmigrant visa, refer to the ACM.
Enter the unexpired foreign passport number.
Select the appropriate category based upon your visual review.
Follow normal SAVE verification procedures within the Enumeration System per RM 10213.095.
NOTE: If the Initial Verification is unsuccessful, make legible copies of both the I-94 (front and back) and unexpired foreign passport, in the event you must request a G-845 (Document Verification Request).
If the applicant does not have an unexpired foreign passport (e.g., asylees, refugees, parolees, victims of severe forms of trafficking, or certain Canadian citizens), follow these steps to enter the evidence in the Enumeration System.
On the "Proof of Legal Alien Status" screen, select "I-94 Arrival-Departure Record" from the Primary DHS Document drop-down menu.
NOTE: If you enter the same evidence for both identity and lawful alien status, select the same drop-down option "I-94 Arrival-Departure Record" on the "Proof of Identity" screen and select the prefill button.
Complete each field on the "Proof of Legal Alien Status" screen as follows.
Select the name that appears on the I-94 from the drop-down menu.
If the I-94 shows an issue or admission stamp date, select "Date" from the drop-down menu. The system will prompt you to enter the date. If the I-94 does not show an issue date, select "None."
If the I-94 shows an expiration or valid until date, select "Date" from the drop-down menu. The system will prompt you to enter a date. If the I-94 does not show an expiration date, select "None." If the I-94 shows "Indefinite" or "D/S," select the corresponding option.
Select the class of admission (COA) code corresponding to the COA shown on the I-94.
If the I-94 contains an Alien Registration Number (usually handwritten on the back of the card), enter it here. This is a mandatory field for refugees and asylees.
Enter the I-94 number. If the I-94 shows both a preprinted and handwritten number, use the handwritten number.
Select the appropriate category based upon your visual review.
Follow normal SAVE verification procedures within the Enumeration System per RM 10213.095.
NOTE: If the Initial Verification is unsuccessful, make legible copies of both sides of the I-94, in the event you must request a G-845 (Document Verification Request).
Finally my wife and I, received our GC. This journey lasting over 12 years. It has been a long journey to GC approval. I would take this opportunity to thank Mr. Rajiv Khanna and his entire team. Special thanks to Mr. Rajiv Khanna, for all his help and guiding me at each step of this journey, including multiple H1B renewals and EAD renewals. There is no words to express my gratitude and once again thank you. He is very informative and detailed in the documentation for each filings (H1B,GC). All along this process working with Prerna on regular basis - very helpful, always responsive and quickly returned my emails and had my calls scheduled with Mr. Rajiv Khanna whenever required - and Mr. Khanna always listened to my concerns, no matter how amateurish or complicated they sounded. His feedback and opinions were honest and very helpful in the constantly changing immigration rules and policies. I have been working with Mr. Rajiv Khanna and his team since 2007. It's a pleasure working with each and every member of Rajiv's team in this journey. I would like to thank Prerna, Bharthi and Amrita with whom i worked in the GC process. Once again thank you all from the bottom of my heart and my appreciation to everyone else who worked on my case.
I would highly recommend "Law Office of Rajiv S. Khanna" to anyone who needs help with immigration related issues.