Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative
USCIS seeks your input on the draft policy memoranda listed below.
USCIS seeks your input on the draft policy memoranda listed below.
Employers and refugees should be aware that Customs and Border Protection (CBP) has automated Form I-94 processing for refugees. The stamped paper form will no longer be provided to a refugee upon arrival, except in limited circumstances.
We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India. The business in India consists of five employees and is completely different from the business they are starting in the USA. Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager. Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this
Form Number |
Case Type |
Time |
---|
I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?
See clip from Attorney Rajiv S.
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted the HR policies/procedures documentation to show that the position was permanent and met the Service requirements. Letters from the HR as well as the Department were submitted to show that the position would continue and that funding was available to support this position.
I have received excellent service from attorney Mr. Rajiv S. Khanna and his entire talented team. I got an audit request on my case after two weeks of PERM filing at DOL. Mr. Khanna and his dedicated team, attorney Sheena, Amrita and Kim everyone worked relentlessly in response to the audit request. Finally my Permanent Labor got certified within one week of their response. I would like to thank attorney Mr. Khanna, attorney Sheena, Kimberly Phill and Amrita for their generous support on the success of my case. I will definitely recommend everyone to consult attorney Mr. Khanna and his well-experienced team for any immigration matter.
I recently received a GC for me and my wife filed in the employment based EB2 category. The office of Rajiv S Khanna was extremely professional and responsive and the process went really smooth. Prerna Mehta was the contact person and she was always available to answer queries and doubts. Received a RFE at the I-485 stage which was handled in a timely manner with all relevent documents by the law firm. I highly recommend this law firm for all kinds of Employment visa, Permanent Residence cases.
I am exteremly impressed by Rajiv Khanna law firm and my case manager Amrita.I got audited on my PERM labor clearance. With Mr.Khanna and his team, I got my LC approved on 1/7/08. A big thanks to the entire team and special kudos to my case manager Amrita. She was very prompt and readily availabe whenever I had any questions. I would highly recommend Rajiv Khanna law associates for green card filing. My sincere thanks to Attorney Sheena too.
Regards,
Bhavna
Rajiv S khanna is the best. Aruna, Bharathi they are all the best people to deal with. Very very excellent service provided. waiting for my I-485 so lets see. Thanks to all for all the service provided.
We won a case for a Ph.D. in Organic Chemistry as an Outstanding Researcher. This applicant had over 22 years of research experience in the field and was a noted expert. We submitted documentary evidence to show his multiple patents and the commercialization of his patented work. We also provided extensive documentation to show his significant publication record and the multitude of citations resulting from his innovative and pioneering work. This applicant also qualified as a reviewer for several international scientific journals.
We won a case for a surgeon who had over 31 years of research, teaching and surgical experience. This applicant was highly qualified and known in the field to be one of the few that have reached the highest level of success. He was very well published with over 90 publications and authorship of a multitude of book chapters. We provided extensive documentary evidence to show that he was one of the premier surgeons in his expertise. This applicant was frequently called upon as an invited speaker and presented his work worldwide.
We won a case for a Materials Scientist who had over 11 years of research experience. His expertise was in the field of solar and hydrogen powered energy. We provided documentary evidence to show that his extensive list of publications was in prestigious international journals with high impact factors. We also showed that as a result of his innovative and pioneering work, he was invited to present his findings at a large number of conferences/workshops and symposia.
This applicant had over 5 years of industry experience and 8 years of research experience. He was offered a job with a private company conducting antennae and microwave engineering research. His unique skills set him apart from other researchers in the field and as a result he received several significant awards for his outstanding achievement. He also published for the prestigious society, IEEE.
We won this case following a Request for Evidence, which included requests for further documentary evidence to show that the grant awards received were considered "highly competitive" and awarded based on the applicant's outstanding achievements. We provided documentation to show that the applicant was featured in major media for his innovative work. We provided additional expert letters that reiterated the applicant truly stood out amongst his peers and more than qualified for the category.
To give you folks an idea of what gets through easily. We won a case for a chemist with over 14 years of teaching and research experience. This applicant was the author of over 63 peer-reviewed research publications and presented his work at 17 conferences and symposia. He was also invited to present at a multitude of seminars. This applicant authored 5 book chapters and technical proceedings. He qualified for the category based on his extensive publication record as well as his acting as a judge of others' work.
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted an official job offer letter as well as the copies of the university personnel manual and administrative handbook. Service had requested additional evidence to show "international reputation" of the applicant.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
USCIS updated the following USCIS form(s):
Form I-9, Employment Eligibility Verification
08/01/2023 09:59 AM EDT
I have an approved I-140 with COMPANY A. However, I have recently moved to COMPANY B, and they have initiated the green card process on my behalf. I prefer not to include my experience with COMPANY A in the PERM filing with COMPANY B. My understanding of the terms with company A is limited, and I may encounter difficulties in obtaining experience letters and supporting documents from COMPANY A. Could omitting my experience with COMPANY A cause any potential problems when COMPANY B files the I-140 & PERM and requests the previous priority date from COMPANY A.
There is no need to omit past employers.
My discussion with Mr. Rajiv Khanna was very reassuring for staying on extended time for personal care of my physically challenged son (F1) pursuing his Masters. I hope we get the extensions as we go forward with our stay.