On Oct. 11, USCIS issued three adopted Administrative Appeals Office decisions to clarify requirements for Special Immigrant Juvenile (SIJ) classification.
USCIS issued a policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated.
BEST LAW FIRM IN US FOR IMMIGRATION CASES -
I am working with Rajiv's office for past several years now. Rajiv's office handles my several H1 extensions and got me approval without RFE.
I filed my I-485 through Rajiv's office. There was government error which was impacting the processing of my case and it was put on administrative closure. Rajeev's office (Rajiv, Art and Heather) guided me to get through the problem and got the file re-opened in fastest way possible.
Both me and my wife like his no nonsense approach to the problem.
I believe Rajiv the best immigration lawyer one can work with.
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Q1. How soon can I leave my petitioning employer once I get my green card approval?
Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.
We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
I arrived at the Garden City DO at approximately 10:15 this morning. My interview was scheduled for 11:25, so I decided to try my luck and see if the security guards would allow me to get in early. They politely told me to come back at 11:00, so I dropped my fiancee off at Bloomingdale's at the Roosevelt Field Mall and drove back to the parking lot at 711 Stewart Avenue. I should mention that there is plenty of free parking available, so don't worry about where you can leave your vehicle.
Q. How soon can I leave my petitioning employer once I get my green card approval?
Published by : Times of India - Article by: Lubna Kably - Date: November 22, 2019
Quotes and Excerpts from Rajiv in the article:
Rajiv Khanna, Managing Partner at Immigration.com told TOI, “For L-1B, under the statute, the beneficiary (proposed visa holder) is deemed to have specialised knowledge if he or she has ‘special’ knowledge of the company’s product and its application in international markets. An ‘advanced’ knowledge of the processes and procedures of the company also qualify.”
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: November 22, 2019
Quotes and Excerpts from Rajiv in the article:
The definition of 'specialty occupation' and the 'employer-employee' relationship were passed by a Statute by the US Congress and the DHS cannot change it, said Rajiv S Khanna, managing attorney at law firm Immigration.com.
Release Date
As part of the credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for all forms except Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions.
USCIS recently updated the lockbox filing location information for the following USCIS form(s). Please see the “Where to File” section of the webpage for your form.
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
FAQ's answered in The Economic Times NRI Helpdesk: Can I start my own business if I'm an H-1B visa holder?
Published by: The Economic Times: March 05, 2022
Release Date
In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014.
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2021 |
Audit Review | June 2021 |
Reconsideration Request to the CO | September 2021 |
This bulletin summarizes the availability of immigrant numbers during April 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.
For more details please visit this link:
If you are a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application and your Employment Authorization Document (EAD) expires in 30 days or less or has already expired, you can request expedited processing of your EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.
Release Date
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition. In December'20 my son filed for the F1 - I539 adjustment of status petition. In April'21 my wife, son, and I received the GC EAD Cards. In Aug '21 the EB3 Final Action Date became current for me, and my son became 21 and should be covered under CSPA. In Feb'22 USCIS approved his I-539 F1 COS petition. My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities. Does the F1 approval mean he is no longer under GC EAD? What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?
My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.
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.
Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.
Now:
I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).
Questions:
1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
In this case it should be fine, but remember to go through the Section 222 (g;) of the Immigration and Nationality Act. Another thing you need to remember is in order for you to get a B-2 visa stamp or a B-1 visa stamp at the consulate you do not need any kind of approval from the USCIS.
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.
Working with Mr. Rajiv Khanna and Diane was very smooth and professional. I worked with them for L1 A visa and my experience working with them was awesome.
On one hand, while Mr. Khanna was available to personally assist whenever required, Diane on the other hand was very prompt with her communication and was even available outside the regular working hours to attend to my queries.
Their knowledge and help resulted in getting my I797 petition approved without any RFE and eventually post interview get my visa approved.
Would like to sincerely thank Mr. Rajeev Khanna and the entire team for their services.