Pending N400 for Over One Year or More
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Visa Waiver Program and ESTA (Electronic System for Travel Authorization)
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
Guestbook Entry for Anil Joginipalli , United States
Name
Anil Joginipalli
Country
United States
State
Virgina
Guestbook Entry for Manoj Madhavan , United States
Name
Manoj Madhavan
Country
United States
State
Georgia
Comment
I have used Mr Khanna's services many times in the past and plan to do so in the future. Excellent services provided by Ms Anna Baker and Ms Fran Fisher. Mr Khanna does not shy away from difficult cases and is very approachable and very knowledgeable. A++
Guestbook Entry for Jayanthan B Padinjaredath, United States
Name
Jayanthan B Padinjaredath
Country
United States
State
New York
Comment
Thanks to Sheena for all the help she provided with the filing of my I-140. Even with an RFE pertaining to my name, the approval came through very fast. Sheena guided me through the process extremely well. She was extremely professional through it all and invoked a lot of confidence.
Thanks to you Sheena! Have a great 2009.
Guestbook Entry for Hardik Parikh , United States
Name
Hardik Parikh
Country
United States
State
Ohio
Comment
Thanks to Fran Fisher for preparing case for H-1B extension and H4 for my wife. Process went smooth and we got our approval receipts in just two months.
H-1 related I-94 issue
Question details
I have read some very nice articles on your Forum and wanted to get your help on My Weird Issue with I94.
I am on H1-B Visa and my Approval (I797) is Valid Till October-2010 However My Indian Passport is Expiring on 26'th-Aug-2009. I just came back from India a week back and Immigration Officer has Issued me I94 Till my Passport Expiry.. Is thr any other way for me to Apply for I94 Extension based on Approval validity without Leaving the Country ??? or i have to leave the Country & Come back ???
Same Applied to my Wife as well Since we traveled together and went for Immigration together immigration officer Issued Her also I94 Till My Passport Expiry Date ...
Whenever CBP gives you an I-94 with mistakes on it, they can easily correct it if you just go back to the airport and request a correction. Most airports have CBP office hours. In my view, they should issue an I-94 co-extensive with your approval, not your passport. So, go back to CBP. Post your experience here for all.
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.
U.S. Consulate General in Mumbai will be the New Interview Location for Immediate Relative Cases
Important Notice: Effective April 1, 2018, the U.S. Embassy in New Delhi will no longer process IR5, IR1, IR2, CR1, or CR2 visas. The U.S. Consulate General in Mumbai will be your interview location if you are in process for an IR5 ( parent of a U.S. citizen), IR1/CR1 visa (spouse of a U.S. citizen) or IR2/CR2 visa (unmarried minor child of a U.S. citizen), AND your interview is scheduled on or after April 1, 2018. Your letter from the National Visa Center will specify the location of your interview, along with further details about interview preparation.
Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days
Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address.
PERM Processing Times (as of 03/31/2018)
PERM Processing Times (as of 03/31/2018)
Green Card
Immigration Law
Leave Without Pay for H-1B / Status
Question details
I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
Watch the Video on this FAQ: Leave without pay for H-1B / Status
Video Transcript
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.
Reentry Permit and N-470
Any lawful permanent resident (LPR) or a conditional resident (CR) must present an admission document like special immigrant visa (obtained at consulate abroad), green card or reentry permit upon entry to the U.S. after their temporary trip abroad. In the absence of such document he/she is considered inadmissible. If the LPR or CR seeks admission to the U.S. after more than one year since her departure from USA, the green card may not be sufficient to allow them back into the United States.
Green Card
Immigration Law
Citizenship and Naturalization
USCIS Reaches FY 2019 H-1B Cap
USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.
New E-Verify.gov Website
WASHINGTON—U.S.
Visa Bulletin - May 2018
Number 17
Volume X
Washington, D.C
Agency
Green Card
USCIS Will Conduct a Lottery for CW-1 Petitions for Fiscal Year 2019
USCIS has received petitions for more than the number of visas available for fiscal year (FY) 2019 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. The cap for CW-1 visas for FY 2019 is 4,999.
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
April 12, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.
I would like to thank Mr.Rajiv Khanna and team specially for working on my I-140 and getting the approval real quick.
Thanks to Mr.Rajiv Khanna, Ms.Sheena Gill and team.
I got I-140 denial on my education degree, but ajiv ji and Sheena both were very confident that we can win this case from the day i received denial notice .
Special Thanks to Sheena Gill, for all the hard work did in getting my education evaluation and Clarifying USCIS about the wrong reason on which they denied my I-140.
Rajiv Khanna and his team is very quick in responding to mail ,phone call and providing solutions.
I-140 approved with in 6 working days.