USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
U.S. Citizenship and Immigration Services and the U.S.
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Number 24
Volume X
Washington, D.C
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
Video 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.
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video 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.
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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.
I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video 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.
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video 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.
I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
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.
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Got our approvals for EB green cards on July 25, 2008.
Apart from having some trouble in porting my PD to an earlier approved I 140, our case was handled very well. A very big "THANK YOU" to Mathew for all your help and guidance. You were great and very prompt in responding to all my queries.Also my thanks to Heather who did a great job in getting all my paper work together and responding to all my questions.
I had hired the offices of Rajiv Khanna for my GC process. I am happy to inform that I and my wife received our green cards in the mail last evening.
I wanted to thank Amrita,Rita and Bharathi from the bottom of my heart for all the hard work they put in for me during this long process. I specially like to thank Amrita who has patiently talked to me during numerous difficult times during these years. You all are a wonderful team and I am lucky to have had the representation of your firm for my green card process.
Many Many thanks again.
I'd like to thank from the bottom of my heart, Mr. Khanna and his staff Ms. Sheena Gill, for their prompt support and advise and attention to details in my I-140 RFE response and making it possible for me to get through it. I could not imagine how my case would have turned out, without their involvement and timely advise in my case.
Thanks again for all the support and making this happen.
My GC process was a good experience.
I got prompt service and people were caring. Suman Bhasin and team members did a good job answering all my questions throught the GC process. Mr. Rajiv Khanna too made himself available in his busy schedule once over the phone. Thank you everybody at Law Offices of Rajiv S. Khanna. I appreciate your help!
My pleasant experience in summary and in little detail.
Summary:
People at Law Offices of Rajiv S. Khanna are highly professional, very much detail oriented, easy to work with, very prompt and very nice people. They are always available and will stand up for you when required. This will be a very rare combination to find. They always prepare very convincing case and review the case in detail. I always believed that if my case is accepted by Mr. Rajiv, Mr. Mathew and Co, it will be very hard for anyone to reject the case.
Little in detail:
It all started in October 2005. My company asked me to find a lawyer to represent me for my GC process. I have a good friend/family that got GC thru immigration.com (Mr. Rajiv Khanna handled his case. My friend assured me that Mr. Rajiv would go above and beyond to meet client's needs.). He referred us to immigration.com. I sent a mail to immigration.com. Mr. Suman has contacted me. When my HR wanted to talk to a lawyer, he referred us to Mr. Mathew Chacko. Mr. Mathew explained the process in detail. He was very descriptive and communicated everything very well to us. He is always patience even during his busy days such as 2007 July-Aug crazy time when everything became current. I am fortunate enough to get quick e-mail replies every time. When I had thoughts about Consular Processing, he explained to me all about consular processing and why one should opt for it or should not opt for it. His review on my I-485 are very much helpful.
One of the most memorable moments is this: my wife attended an interview in a company and they had hesitation about hiring her without Green Card. They always thought that the company has to sponsor her GC at some point in time and they were not ready for it. I told them it is not the case since she is a derivative applicant in my GC. They were not ready to buy it. They wanted to talk to my lawyer. When I requested Mr. Mathew, he was ready to talk and convince them. I am not sure if all the lawyers would do this kind of stuff. Thank you very much Mr. Mathew.
Another important player during my GC process is Ms. Richa Narang. She has done an incredible job of completing my PERM application on time that once I thought would nearly be impossible. Considering that we started our process very late in my 5th year, it is highly remarkable. We completed 6 days before my 5th year expired. She went thru the documents over and over, and helped preparing a very convincing case. I am highly impressed with her patience and prompt replies. She is easy to work with. She always let me know what she was doing for my case and why it is done this way. That gives me an idea about what is really going on with my case.
This is in contast with my previous attorney in my previous company. Thank you Ms. Richa.
I have not worked directly with Mr. Rajiv Khanna. But my case manager Ms. Richa was working with him for my PERM. He is a REAL expert in what he does. Mr. Rajiv really built a very strong case for my PERM. His inputs are priceless. I attended his conference call during July/August 2007 when USCIS opened and closed the door briefly. It provided lot of valuable information to me and to lot of immigrants that were eagerly waiting to apply for I-485. It is really a great gesture towards the people that were waiting to apply for I-485 during that time.
Thank you Mr. Rajiv
Others that helped me are Ms. Mohana, Ms. Prena etc. They are all very nice and easy to work with. They made sure my case was built in a convincing manner.
I will definitely comeback to Law Offices of Rajiv S. Khanna for my future immigration needs.
I have referred two of my friends to Immigration.Com so far. They all like the service. Please feel free to contact me. I will be happy to answer any questions about my experience.
My wife received her Permanent Resident card today and mine was approved (and received GC card on August 5, 200 on July 28, 2008. I would like to thank Mathew , Prerna and Bharathi for all the timely answers and advices through the process. Mathew and Prerna were always accessible . I always felt that I am getting best service and I would recommend Mr. Khanna’s team to my friends who need help with GC / immigration.
Thank you
I and my wife received our green card in August 2008. We started the process in November 2005 with Rajiv Khanna as our attorney. He and his team have helped us at every point in the whole process and they were always there for us to help out. I must mention here that the paperwork done was been perfect and I had no RFE and this has substantially reduced the total time of the lengthy process. I found the team in his office in general very co-operative and prompt. Our special thanks and best regards to Heather Crump, Yvonne, Mark, Art and Leslie for making this happen.
Once again thanks to Rajiv and his team.
Got my LCA approved within a few months thanks to the untiring efforts of Mr. Vijay Durgam, my case manager and Mr. Rajiv Khanna. Thank you.
My husband and I got our green card approved this month. It was a long and tedious journey but I always felt confident about having Rajiv Khanna on my side. They are a very professional and efficient Law Firm. I always got replies to my million concerns. The paper work was filed perfectly and we never got any RFE'S. I have used Rajiv and his team for all my immigration work (H1B) and there is nothing but praise for them.
I would like to thank Mathew, Bharathi, Heather, Shubha, & Kumuda for all the help. I will always recommend them to anyone in the immigration process.
Best wishes for continued success.
Mr.Rajiv Khanna and his team are handling my GC process. I interacted with Rita Dhakal for entire GC process; My Labor and I140 are approved without a issue. I also applied EAD cards renewal (Mr. Khanna Office reminded me) for my wife and me. They were submitted for approval. By looking at the entire process and Mr. Khanna team, I always feel I am getting the best service. Rita is very cooperative, faster response and great knowledge.
I always recommend my friends to Mr. Khanna team.