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 Nikhil Kaushal, United States
Name
Nikhil Kaushal
Country
United States
State
Virginia
Guestbook Entry for Dr. Rajesh Gomtam, United States
Name
Dr. Rajesh Gomtam
Country
United States
State
Pennsylvania
Comment
My wife and I received our ‘welcome notices’ within 1.5 years of the whole process with Rajiv S. Khanna as our attorney. To give you a brief background about our GC journey, my EB1 (OR) was first approved last year. During that process, I received an RFE and Mr. Khanna and his team were very skillful in handling that RFE and got my I140 approved. Later, it was a pain staking journey concerning the I485 and finally I received the email from USCIS indicating that the ‘Welcome Notice’ was mailed and my card production was ordered. During the whole process, Mr. Khanna and Diane Lombardo were very professional and provided me with relevant information concerning all immigration related legal issues, so that I clear the process without any hassle. I strongly feel that Mr. Khanna knows his field and I would recommend his firm to anybody. We are really glad that we chose this Law firm. It’s worth every penny. We are greatly pleased with Mr. Khanna and his staff as far as their professionalism, courtesy and promptness regarding my GC processing.
Guestbook Entry for Sundar narayan , United States
Name
Sundar narayan
Country
United States
State
NY
Comment
Happy to see our 485 approved.
Really appreciate the help, guidance provided by all the staff from Law Office of Khanna's in the process.
Guestbook Entry for Palani Sivaramakrishnan, United States
Name
Palani Sivaramakrishnan
Country
United States
State
Florida
Comment
My wife and me got my green card after 5 years. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Some of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.
Guestbook Entry for AS and SG , United States
Name
AS and SG
Country
United States
State
GA
Comment
I reserve only the highest praise for Rajiv Khanna and Heather Crump who helped us throughout the immigration process. It is rare to find legal services provided in as friendly and supportive a manner as rendered by Rajiv and Heather. Both Rajiv and Heather gave generously of their time and expertise and answered all our questions promptly, clearly, and completely.
Rajiv's approach is warm and personal, not cold and clinical, and he constantly provided the sort of big-brotherly, yet highly professional, support that put us at ease through every step of our immigration. With Rajiv on our side, we were quite confident of having our family-based green card application approved, even though ours was a somewhat unconventional case.
We were equally lucky to be assigned to Heather whose positive attitude, kind words, and personable nature brightened up many of our days.
Judging from the high quality of legal services we received, it is not surprising that the "Law Offices of Rajiv S. Khanna" are spoken of so highly.
I strongly recommend the "Law Offices of Rajiv Khanna" to my friends and family for expert legal help! You will be in good hands!
Guestbook Entry for Vikram Deshmukh , United States
Name
Vikram Deshmukh
Country
United States
Comment
We received our green cards yesterday and would like to thank the team at Rajiv Khanna's Law firm. Prerna and Richa were awesome and answered every query quickly and efficiently. I highly recommend this firm and both Prerna and Richa. Thanks again!
Interview sucessfully completed ! Here is my story !
I had my Interview today and it went great.
I arrived there at 8.15 AM and my appointment wasn't until 8.40 AM so while I was waiting one of the security officers there tried to calm some of our nerves .....
At exactly 8.40 AM my Name was called, I walked into a area where she stopped me real quick, greeted me and ask me for any kind of ID so it is really me.
Citizenship and Naturalization
My interview experience (Seattle DO)
Allrighty So I had my Citizenship interview today at the Seattle CIS office at 7:30am today (needless to say I was up at 5a on a freeeeeeeezing seattle morning ) . I got to the Seattle office at 7:00a got done with security had a nice chat with the security officers about the thx giving break and then headed up to the second floor to wait to be called. There were quite a few people in the waiting room at 7:30a. Around 7:40a the immigration officers started calling people for their interviews. I was called in at 8:10a and was greeted by the interview officer.
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."
I appreciate all the insight and the help from Mr. Khanna's office in regards to applying and getting my case approved with in one year. Would specially like to thank Mathew, Bharathi, and Rita to answer my queries.