Citizenship Interview Story
I had my interview today morning (2/6/2012) and I got "Congratulations, your application is recommended for approval." letter at the end .
I had my interview today morning (2/6/2012) and I got "Congratulations, your application is recommended for approval." letter at the end .
Discussion Topics, Thursday, May 9 2019:
FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD
Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India
USCIS has updated the Adjudicator’s Field Manual (AFM) (PDF, 224 KB) to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A) and their essential support personnel (P-1S).
USCIS recently updated the following form(s):
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
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.
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USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners.
On May 20, 2019, the Texas Service Center will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petitions requesting:
Added to the backlog woes is the spike in denials of naturalization applications "The grounds for denial are unpredictable, they could even relate to errors made when obtaining H-1B visas or green cards. This adds to the uncertainty," said Rajiv S Khanna, managing attorney at Immigration.com. " An entrepreneur had sponsored a green card for an employee without mentioning that he was a distant relative. He thought it was immaterial as the relationship was so distant. Today, this entrepreneur is unable to become a US citizen," Khanna said.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a new strategy known as eProcessing to accelerate USCIS’ transition to a digital business model. eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.
“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI.
“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds.
FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions
Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.
1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br>
2. Any particular documents needed for getting the H1b approved for 3 years?<br>
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br>
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
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.
However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.
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.
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.
My family did receive the green card through the extra ordinary ability (EB1) category. We have no words to say for the inspiring, exciting and excellent work done by Rajiv and Diane through the entire process. It took just about 8 months to receive the green card. In each and every step, we met many times through the conference calls with Rajiv and Diane and they explained the process clearly and precisely. Of course, we felt always that someone from our own family guiding us in the entire GC process.
I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues at any time. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. I really wondered sometimes that how Rajiv and Diane find time to respond quickly for an individual in addition to deal with the other clients. Dear Rajiv and Diane, our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.
My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
I am really glad to have Rajiv as my attorney. It really helped me to get my card within 9 months. Diane is extremely fast and made my job very easy.
Reference Document: STATE 057336, 06/09
TO ALL DIPLOMATIC AND CONSULAR POSTS
1. The revised 2009 J-1 visa Exchange Visitor Skills List was published in the Federal Register (Volume 74, Number 82) on April 30, 2009.
2. The new Skills List is effective on June 28, 2009.
U.S. Citizenship and Immigration Services (USCIS) reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions. Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted.
Finally my wife and I, received our GC. This journey lasting over 12 years. It has been a long journey to GC approval. I would take this opportunity to thank Mr. Rajiv Khanna and his entire team. Special thanks to Mr. Rajiv Khanna, for all his help and guiding me at each step of this journey, including multiple H1B renewals and EAD renewals. There is no words to express my gratitude and once again thank you. He is very informative and detailed in the documentation for each filings (H1B,GC). All along this process working with Prerna on regular basis - very helpful, always responsive and quickly returned my emails and had my calls scheduled with Mr. Rajiv Khanna whenever required - and Mr. Khanna always listened to my concerns, no matter how amateurish or complicated they sounded. His feedback and opinions were honest and very helpful in the constantly changing immigration rules and policies. I have been working with Mr. Rajiv Khanna and his team since 2007. It's a pleasure working with each and every member of Rajiv's team in this journey. I would like to thank Prerna, Bharthi and Amrita with whom i worked in the GC process. Once again thank you all from the bottom of my heart and my appreciation to everyone else who worked on my case.
I would highly recommend "Law Office of Rajiv S. Khanna" to anyone who needs help with immigration related issues.