USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following USCIS form(s):
Release Date
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?
The CBP (Customs and Border Protection) may find this pattern an unacceptable use of the visitor's visa. Generalizing for the sake of making a point, if in any twelve months your parents have spent more than six months in the United States, the CBP can hold that it appears your parents are living in the United States and visiting their home country instead of the other way around. 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.
Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?
2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?
3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?
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.
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. 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.
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. 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.
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.
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
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.
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.
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.
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.
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.
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
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
Processing Time report has been released for NBC, VSC, TSC, NSC and CSC.
Please visit this link for more details.
http://www.immigration.com/uscis-service-center-processing-times
I had my interview at the Dallas DO today May 14th. It went very well. I was very nervous about my extensive travel over the past 5 years. I had some 800 odd days of travel that included trips to a lot of countries in the world. But none of my trips was over 6 months, the maximum trip length was 110 days. I was working for a US company as a contractor and did have a letter from the company for the reason for the numerous visits.
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
I received my green card two days ago. I work 40 hours a week in IT company A as a full-time software engineer from 8 a.m. to 5 p.m. Monday to Friday. Can I work on another full-time job 40 hours a week in IT company B as a software engineer from 8 a.m. to 5 p.m. at the same time while working for company A if I can manage because I am working remotely? While I am employed with company A full-time 40 hours a week, can I work on another part-time IT job like 20 hours a week assuming that some hours of IT full-time job overlap with some hours of IT part-time job? Can I work on another non-IT full-time or non-IT part-time job during weekends/holidays, or after my other job working hours while I am employed with company A full time?
I believe if you want to take up a second job by not leaving your main job (that got your green card) you could do it. You could have a part time or a full time job. 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.
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
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.
We are very thankful for Rajiv Khanna and team for handling my tough H1B renewal case. This was my 4th Extension that was denied before we approached Mr. Khanna to take over the case. Ms. Kalpana Panuganti was very thorough with case details and responded to any of our queries promptly. We were updated on our case in a very transparent manner and Kalpana always responded to emails/calls immediately while working on RFE response. Their insight and attention to detail in regards to our case was commendable. We would highly recommend Law Office of Rajiv S. Khanna PC for any immigration related matter.