USCIS Forms Update Notice
USCIS recently updated the following form(s):
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State Department Announces that Ink Signature No Longer Required on Affidavits of Support
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
AAO Processing Times as of December 1, 2016
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Agency
Immigration Law
Visa Bulletin - January 2017
Agency
Green Card
USCIS Announces Citizenship Resource Center Improved for Mobile Devices
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
What is new regulations for H-1 grace period, revocation of I-140 ?
Question details
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?
Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.
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 Publishes Interim Rule on T Nonimmigrant Status
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
H-2B Returning Worker Program Expired
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS Fee Changes Take Effect Dec. 23
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
Guestbook Entry for YOGESH , United States
Name
YOGESH
Country
United States
State
Michigan
Guestbook Entry for Raj Murali , United States
Name
Raj Murali
Country
United States
State
NY
Comment
The service provided by Art Shiflet and Mathew Chacko from Mr.Khanna's office during my citizenship process was exceptional. They both provided me prompt answers to my inquiries, updated me with information as soon as they became available and were extremely knowledgeable . I would highly recommend Mr.Khanna's office for any sort of immigration cases
Guestbook Entry for Nimit , United States
Name
Nimit
Country
United States
State
MA
Comment
Both me and my wife filed for our I-485 processing through LORK in July 2007. My file got through and I received my EAD,I-485 receipts and AP. But my wife's file got lost in USCIS and we did not got any receipts. Roopa and Matthew put in great efforts to get her application through. We really appreciate the work done by entire Rajiv's team.
Guestbook Entry for Pat Ferrante , United States
Name
Pat Ferrante
Country
United States
State
NY
Comment
Fran Fisher and Anna Baker were very dedicated to insuring that this sensitive issue was processed diligently. Follow up was constant, insuring that nothing was left undone.
Guestbook Entry for Sandeep R Diwakar , United States
Name
Sandeep R Diwakar
Country
United States
State
MI
Comment
I would like to give special thanks to Mathew Chacko,Rita Dhakal,Pramitha , Suman B for thier prompt service & quick responses during the process.The GC was filed in May 2003 & from then till April 2008 ( when my 485 got approved, wife is yet to be aproved )I have been in close touch with RK's office & I really should say that how every busy these guys are, they have always got back to me for any questions,doubts that I had from time to time.
I have heard stories from other colleagues , friends about some law offices & how they handle the client GC cases.I would highly recommend RK's office & his team to anyone who wants to file his GC thru employment. You are guys are no -1 in every way.
I would also add that my employer has been equally cooperative & supportive to me during the whole process.
Guestbook Entry for Amit , United States
Name
Amit
Country
United States
Comment
A big thanks to Rajiv and his excellent team including Mathew, Heather, Mark, Anna, Rena and everyone else who touched my case over the past five years. Thank you for sharing my pain when I was waiting (sometimes impatiently) for the Green Card and for responding to all my questions (of which there have been many) as I tried to understand the options available to me through the green card process as well as all the H1B renewals.
Rajiv, thank you also for the phone consultations as they have helped my decisions during crucial moments in my career.
Guestbook Entry for Palash Sarkar , United States
Name
Palash Sarkar
Country
United States
Comment
Thanks to Mr. Vijay Durgam and his firm who did a great job to get my Labor certification done in less than 4 months of application.
Guestbook Entry for Sam Gopinathan , United States
Name
Sam Gopinathan
Country
United States
Comment
Rajiv has an excellent team in Mathew & Heather. They are very knowledgeable, proactive & understanding. They would call me at home with an update. I highly recommend Rajiv and his team of Mathew & Heather as your case managers
Guestbook Entry for Smruti , United States
Name
Smruti
Country
United States
State
NY
Comment
Wonderful and thorough team- Att. Diane, Sheena and Matthew helped me at every step with RFE for I-140 as well as I-485. Ever ready and alert team. They would call me immediately whenever we were in need. Besides, Mr Khanna, personally took interest and supported, made suggestions when we had queries. Att. Diane and Sheena worked very hard on my case and did their best to put the message across.
I am grateful to you all and thank myself for choosing you.
Regards
Working for two companies on EAD
Question details
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
Working abroad while AOS pending
Question details
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
you are looking for competent, aggressive lawyer, your search ends here. Do NOT hire ordinary lawyers that your company asks you to hire.
My wife & kids H4 was not renewed and were Out of Status due to company's fault and my ignorance and trust on the company. This happened in 2003. We hired a local lawyer, best in town, to handle my case in 2005, when I found out on my own that my dependant's H4 was not renewed. We applied at USCIS, but was rejected. We appealed in the Court, but was denied.
I contacted Rajiv Khanna and we applied in 2008, after more than 4 years in Out of Status. My H1 was renewed, along with H4 in 2 days!!!!! Can you believe it?
After 4 years of Mental tension and all the agony, we passed through, we felt so relieved.
We got our new I-94s attached for my wife and 2 kids. Great People, Nice Dedicated Staff, Intelligent Lawyers.
I would recommend him to anyone, no matter how big or small the case is, Do NOT look any further. I did all my research for all these years looking for good lawyer, don't spend any more time searching. If you are in trouble, take my advice, talk to him and he can definitely help you. I was told by other lawyers that there was no chance that I would be able to get them back on status. but Miracle happens and it happened to me. Lots of smart work at Rajiv's end. Thanks Rajiv and Good Luck to all.