PERM Processing Times (as of 06/04/2013)
PERM Processing Times (as of June 4, 2013)
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I had a unique situation with my visa, family and company, and Rajiv Khanna was kind enough to take my call and answer to the truth. He gave me his honest opinion and no sugar coating. I like that. I would def. recommend him over other immigration attorney.
Mr. Khanna and Leslie has been very helpful in providing help in my case and I really appreciate their sincerity. May God bless them for all the supporting work they are doing for people like me. Best Regards and loads of thanks!
Secretary of Homeland Security Janet Napolitano has re-designated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2013, through March 31, 2015. This allows eligible nationals of Syria to register or re-register for TPS in accordance with a notice published today in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible.
A revised version of the ETA Form 9141 will be implemented in the iCERT Portal on June 18. The form changes were pursued through the Paperwork Reduction Act process and have been reviewed and approved by the Office of Management and Budget. Minor changes were made to clarify information needed for more efficient application processing. A fillable copy of the form is available here.
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
I am an Indian citizen, in USA on my F-1 via. I have completed my masters degree and my application for Employment Authorization was denied due to the fact that my SEVIS was terminated due to the complete negligence of the International Students office in my university. The denial notice says that I need to submit a form I-290B petition along with supporting documents and an affidavit. What documents should I attach and should I consider suing my International students office. I am not in a position(financially) to sue them right now because I was a student all this time.
Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your
I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?
There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.
I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?
If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.
The Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744) would revise laws governing immigration and the enforcement of those laws, allowing for a significant increase in the number of noncitizens who could lawfully enter the United States on both a permanent and temporary basis. Additionally, the bill would create a process for many individuals who are present in the country now on an unauthorized basis to gain legal status, subject to requirements specified in the bill.
The Office of Foreign Labor Certification is making available a centralized listing of all program and technical Help Desks.
To view the list please click the attachment.
Mr. Khanna's firm has processed several H1-B and PERM applications for our company. We first came to him in a dire situation. Another attorney had been working on our behalf, but had not given us good service or advice. One of our key employees was faced with having to leave the country because of the situation. Rajiv, Anna, Heather and Judi were all very helpful in getting the situation resolved for us. Their knowledge of immigration law and their ability to explain it so that I understand what is happening has been excellent. It is empowering and now I am always confident that our immigration petitions are being handled in the most efficient and above board process possible.
Interview done and Recommended for approval.
I have been impressed with the Orlando office. Ours was a very good experience. We arrived 20 mins early got checked in and were called on time for interview. 8 am for me 8:30 for my wife.
I was sworn in by my interviewer a really nice ex marine. Basically told me everything was a formality and as our case was straight forward we would be approved. Gave me the test as we chatted and he did the paper work.
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Today, in a historic vote, the Senate successfully passed (on a 68-32 vote) S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
I would like to thank Mr. Khanna for giving special attention to advice me regarding my queries. I look forward to work with him for all my future requirments.