Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
Discussion Topics:
I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?
If it is less than six months, all you need to carry is your green card and passport. If you have any evidence of continued employment, for instance, a couple of W-2's, scan them and put them on the cloud. You can show them to the Customs and Border Protection (CBP) officers if asked. Usually, for exits of less than six months duration, the scope of the CBP inquiry is limited. I doubt you will be asked any questions.
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 successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.
We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S.
We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.
We have applied all my H1, H4 and Green Cards through Rajiv's Law Office.
We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team.
When my company asked me for the best immigration lawyers several years ago, I have told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team.
The availability of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng.
My special thanks to Prerna Mehta and Mathew Chacko for their excellent help, support and advise in my GC process.
I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms.
In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.
Looking forward to recommend your law firm to my friends.
By God’s grace and with my employer Company’s help, I am mighty glad that I found Rajiv’s law firm and at the firm - Vikas, Anna and Fran for my case.
My troubles began when post 6 year expiry of H1B, USCIS apparently rejected the H1B extension but for some reason, no notification was received regarding that rejection of extension for almost one year. The consequential mess resulted in a number of grave implications - starting from employment, GC, driving, even basic living and eventually hit my survivability.
It was at that time my employer Company (that is very supportive) introduced me to Rajiv's law firm.
I am personally very impressed that the firm showed great aptitude and that the firm pursued the case with an unflinching professional commitment and integrity. The team at the law offices worked very diligently, in a very timely manner and made a very professional representation to the USCIS. The firm addressed all the concerns of the USCIS to the satisfaction of the Authority to re-establish the just cause, resulting eventually in a victory for all involved. It was a very complex case that involved a number of appeals and re-appeals over almost a year. While it got so complex that every step of the case was like a step forward in a battleground, the law firm chugged along and helped keep faith in justice.
Looking back, it seems incredible that there is a law firm that can deliver not only justice when the just cause often seems like almost lost in a maze of unknowns, but also could make the entire engagement with the client so clean, above-board and transparent – that as a client one feels assured of being in the right hands at all times. I am in no delusions when I say the firm delivered right well on this extremely complex and sensitive case. I further believe that by upholding the just cause, the law firm not only got justice for me and my employer, but also helped created a winner in USCIS/ US Justice system. I commend the firm for helping everyone including the USCIS see the just cause. The firm, in my belief, has set an example that many others in the Immigration industry could learn to follow in the true spirit of delivering justice.
The law firm exhibited every reason why the firm has and deserves to have a GREAT name in the Immigration community.
Three cheers to Rajiv, Vikas, Anna and Fran at the firm - my personal and professional BIG thanks to them.
A new member of our community, Blueheron wanted to know -
We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team. When my company asked me for the best immigration lawyers several years ago, I had told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team. The availaibility of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng. My special thanks to Prerna Mehta and Mathew Chacko for thier excellent help, support and advise in my GC process. I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Looking forward to recommend your law firm to my friends.