1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow.
2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.
1. Under the current laws, self-application seems not to be an option for you.
2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.
Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013: |
If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.
You may enter in the F-1 or M-1 visa category provided you meet the following criteria:
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
Press Statement
Jen Psaki
Spokesperson, Office of the SpokespersonWashington, DC
August 4, 2013
Given that a number of our embassies and consulates were going to be closed in accordance with local custom and practice for the bulk of the week for the Eid celebration at the end of Ramadan, and out of an abundance of caution, we've decided to extend the closure of several embassies and consulates including a small number of additional posts.
Mr. Khanna and his team were extremely responsive and professional. Mr. Khanna himself took the time to address all of my questions and concerns and gave excellent advice.
How much time does USCIS take to respond after the response to a RFE has been submitted?
If the petition was filed under premium processing, the 15-day clock will restart when the response is received by USCIS. If the petition was filed under regular processing, it generally takes two to six months for USCIS to respond.
I have an H-1B Approval Notice that is valid until next year.I have been working with my present employer for two years, but have found a position with a different company. Can my H-1B approval be transferred to this new company?
It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.
Mr. Khanna had helped us by refering us to the CPA Mr. vijay Sharma. Thanks for the prompt help! Regards Ravi Devulapalli
Media Note
Office of the Spokesperson Washington, DC
August 7, 2013
Last week, Secretary of State John Kerry announced that the Department of State would begin processing visas for same-sex couples in the same manner that it considers applications for opposite-sex spouses. On Thursday, August 8 at 1 p.m. EDT, the Department will host a Google+ Hangout to discuss what these new guidelines mean for both immigrant and nonimmigrant visa applicants.
Mr Khanna and his team is great and they work very hard for all clients. I really appreciate them. Lekhraj Ahuja
SCIS recently began transferring some casework within the service centers to balance workload processing capacity. The affected casework includes the following forms:
According to BIA a spouse or child accompanying or following to join a principal grandfathered alien cannot qualify as a derivative grandfathered alien for purposes of section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), by virtue of a spouse or child relationship that arose after April 30, 2001.
For more details click the link or attachment. Matter of Charlemagne Micabalo ESTRADA and Matter of Vanessa Joan ESTRADA
B Visa extensions
Q1. I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?
Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?
Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.
Q2. What is recommended, he leaves immediately or waits until his extension decision comes?
If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.
Tourist visa extensions for gay couples
(partner is on J-1)
Tourist visa for gay couples or partner in a gay relationship is acceptable and it can be extended. If you look at the Foreign Affairs Manual, which is the body of policies that governs consulate decisions, you could say there is an exception. Sometimes people might not qualify for J-2 because they are not married. It might be easy to get a tourist visa and to keep extending it. However, there is one issue here. Since DOMA (Defense of Marriage Act) was overruled, gay marriages are now recognized. So I don’t know if they are going to change this policy of issuing B visas. Basically they would say that now you can get married and get J-2, so why are you not doing that. So to answer your question as to whether you can come and keep extending it, I don’t know the answer to that question under the present situation. Under the old situation you could have easily gotten extensions. So you can try, but keep in mind the earlier discussion on extensions (above). Consulates may not like it and CBP may not either.
I can truly say Mr. Khanna is the best immigration lawyer. Our office has worked with Mr. Khanna and his team for years. They are always available to answer any questions and very helpful with the amount of information and assistance they provide. Thanks to Rajiv, Art, Anna and Judi we have a 100% approval rate so far.
In order to provide faster and more efficient service beginning August 16 USCIS will be changing call routing procedures at the National Customer Service Center (NCSC). This will be a great advantage for attorneys and BIA accredited representatives. Attorney's can quickly connect with the NCSC customer service representative and avoid long delays.Customer representatives will evaluate the nature of the call and transfer or accept service request for detailed review.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
AAO Processing Times as of August 12, 2013 |
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Form Number |
Case Type |
Current Average FOIA Request Processing Times
(All times in business days)
USCIS uses a three-track system to process FOIA requests for alien file material.
I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
I would like to express my great appreciation to the Law Offices of Rajiv S. Khanna, P.C. for their excellence in assisting us in the visa process for our Pastor of Spanish Ministries. We have received the type of quality care that one might expect as if they were obtaining these visas for their own family. They have been meticulously careful in "crossing every T and dotting every I." I wholeheartedly recommend their qulaity team for any immigration need. Over the processs, I have worked with multiple team members, including Mr. Khanna, and have always been treated with the warm, friendly, expertise that was needed in all circumstances. Kudos to all of those on this team!