USCIS Removes Barriers to U.S. Citizenship for Children Born Abroad Through Assisted Reproductive Technology
WASHINGTON— U.S. Citizenship and Immigration Services announced updated policy guidance affecting
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05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
Frequently Asked Questions on US Travel Ban
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
USCIS Forms Update Notice
USCIS recently updated the following USCIS forms:
PERM Processing Times (as of 07/31/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | March 2021 |
| Audit Review | September 2020 |
| Reconsideration Request to the CO | April 2021 |
Green Card
Immigration Law
What Happens if H-1B Employer Revokes a Quota H-1B Before October 1?
Question details
I am on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but I was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.
1) I have joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?
2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.
FAQ Transcript
The usual consensus of opinion is that in such cases you have lost your quota so you are back in the quota. You have to go through the lottery again next year when you apply. More...
Note: Where transcribed from audio/video, 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.
Guestbook Entry for Satya Saranya , United States
Name
Satya Saranya
Country
United States
State
Virginia
Multiple Employers or Jobs on I-485 EAD
Question details
Can I do a second job using GC EAD which I recently got and continue working for sponsored employer on H1B (unexpired I-797) for not more than 6 months? i am being told that this actually would void H1B status. I'm fine with it (moving to AOS status) as long as i do that secondary job until I-797 with current employer expires. But will it cause any issues with AOS whenever priority date becomes current ?
FAQ Transcript
As long as you have the intention to remain there indefinitely what you do on the side whether you start your own business and do another job I don't think it's relevant. The key here is to have an intention to continue working with the primary employer. More...
Note: Where transcribed from audio/video, 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.
How Long Can You Be Unemployed on AOS EAD/AP?
Question details
How much unemployment gap is permitted while being on AoS EAD/AP?
Will the USCIS ask for each and every month's paystubs during the final EB2 AoS adjudication.
FAQ Transcript
Well, there is no rule on that as long as you have a job at the end of your wait, you should be given a green card. More...
Note: Where transcribed from audio/video, 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.
Immigration QnA with Rajiv July 29, 2021(conversation with Yudi on behalf of students and professionals)
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
The URL for the channel is:
http://youtube.com/immigrationdotcom
Taking a Long Break After Receiving Employment-Based Green Card
Question details
We have finally got the employment based green card after applying almost 12 years ago my question is around taking some time off. Most people ask the question of switching employers after getting the EB Green Card but my question is if I can just quit my job and take a break for 6 months before getting back into the workforce next year. Do I have to wait a certain amount of time before quitting or can I do it now?
FAQ Transcript
I think that's perfectly legitimate because when you received your green card approval on that date you had no intention of quitting, but rapidly thereafter the situation changed so if the situation changes there is no problem somebody quitting work and staying out of work for as long as needed. More...
Note: Where transcribed from audio/video, 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.
Visa Bulletin For September 2021
Number 57
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during September for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Immigration QnA with Rajiv, Aug12, 2021(conversation with Yudi on behalf of students and professionals)
Profession/Occupation
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
The URL for the channel is:
http://youtube.com/immigrationdotcom
Guestbook Entry for Santosh, United States
Name
Santosh
Country
United States
State
Virginia
Comment
Rajiv and his team are excellent to work with; they have a set process for everything. Rajiv has loads of experience and guides the clients accordingly.
Heather is quick at responses and takes care of things as a priority if the situation needs immediate attention.
I would certainly recommend them and they richly deserve 5 stars.
Guestbook Entry for Naresh Ahuja , United States
Name
Naresh Ahuja
Country
United States
State
VA
Comment
Excellent team. Very quick effective correspondance and communications skills by Mr. Vikas.
Guestbook Entry for Pavani Chebolu , United States
Name
Pavani Chebolu
Country
United States
State
Texas
Comment
Though still waiting for my last stage of GC to be cleared, I went with Rajiv S. Khanna as my attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations. He helped me at every point in the whole process even when my 6 yr H1-B was getting expired to file the renewal with appropriate paperwork and was very quick to do this. I never had any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. His associates who worked with me on my case are very thorough. I am greatly thankful to Richa Narang who worked with me from the begining of the process and then Prerna Mehta who took over later who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Sheena, Mathew, Lakshmi and other staff members who are very co-operative and would return calls & e-mails promptly. I even got good & prompt advises on some legal issues even if it wasn't the area of interest for them and not related to my case. I am really glad that I chose this Law firm. I am greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.
Guestbook Entry for Ashok Desai , United States
Name
Ashok Desai
Country
United States
State
WI
Comment
Many thanks to all for doing a wonderful job, excellent team.
Guestbook Entry for Vijay , United States
Name
Vijay
Country
United States
State
HI
Comment
Law offices of Rajiv Khanna did a good job in getting my labor approved. My special thanks to Richa and Suman My case is EB2 with masters. But, I got masters after joining the company. Attorneys has provided good instructions on how to get promotion on to a position requiring masters etc. It worked very well and the documentation is really good. Response to the client is quick. Overall I am satisfied with the skills.
B-2 visa
Question details
I'm a non-married Iranian citizen who’s my first-degree family members are US citizens, currently residing in USA. During last several years I've been rejected every time I requested for a US visa (both F and J).
Now, I am qualified to become a Canadian PR through the skilled-worker program. The visa is issued and I will be soon landing in Canada. I was wondering if my chances for getting a B-2 visa to visit my family will be any better once I'm a registered Canadian resident. Is it wise to ask for a visa once I get my PR card?
I think if you wait till you have a steady job and roots in Canada, and then apply to visit USA, you should have a better chance.
H-1 extension beyond 6 years
Question details
My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).
An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.
EB-2 category eligibility
Question details
I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to Product development engineer job within the same company. The job requirement is BS + 2-5 years of experience. I have
Bachelors 4 Years, Masters in USA, Research Assistant 1 year 4 months, Teaching Assistant 10 months, Experience as a Mechanical engineer 3 years 7 months.
Am I eligible for eb2 category?
The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.
Attorney Rajiv Khanna and his team are one of the best immigration attorneys out there, they thoroughly understood my case scenario and also the hiccups that might come in future and filed my case accordingly and got approval without RFE. They know the best about what they are doing and also very prompt in responding to all requests and questions. Pavithra was very helpful throughout the documentation process she patiently verified all the documentation through every step of the process.