Mr. Khanna and Leslie has been very helpful in providing help in my case and I really appreciate their sincerity. May God bless them for all the supporting work they are doing for people like me. Best Regards and loads of thanks!
Secretary of Homeland Security Janet Napolitano has re-designated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2013, through March 31, 2015. This allows eligible nationals of Syria to register or re-register for TPS in accordance with a notice published today in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible.
A revised version of the ETA Form 9141 will be implemented in the iCERT Portal on June 18. The form changes were pursued through the Paperwork Reduction Act process and have been reviewed and approved by the Office of Management and Budget. Minor changes were made to clarify information needed for more efficient application processing. A fillable copy of the form is available here.
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
I am an Indian citizen, in USA on my F-1 via. I have completed my masters degree and my application for Employment Authorization was denied due to the fact that my SEVIS was terminated due to the complete negligence of the International Students office in my university. The denial notice says that I need to submit a form I-290B petition along with supporting documents and an affidavit. What documents should I attach and should I consider suing my International students office. I am not in a position(financially) to sue them right now because I was a student all this time.
Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your
I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?
There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.
I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?
If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.
The Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744) would revise laws governing immigration and the enforcement of those laws, allowing for a significant increase in the number of noncitizens who could lawfully enter the United States on both a permanent and temporary basis. Additionally, the bill would create a process for many individuals who are present in the country now on an unauthorized basis to gain legal status, subject to requirements specified in the bill.
The Office of Foreign Labor Certification is making available a centralized listing of all program and technical Help Desks.
To view the list please click the attachment.
Mr. Khanna's firm has processed several H1-B and PERM applications for our company. We first came to him in a dire situation. Another attorney had been working on our behalf, but had not given us good service or advice. One of our key employees was faced with having to leave the country because of the situation. Rajiv, Anna, Heather and Judi were all very helpful in getting the situation resolved for us. Their knowledge of immigration law and their ability to explain it so that I understand what is happening has been excellent. It is empowering and now I am always confident that our immigration petitions are being handled in the most efficient and above board process possible.
Interview done and Recommended for approval.
I have been impressed with the Orlando office. Ours was a very good experience. We arrived 20 mins early got checked in and were called on time for interview. 8 am for me 8:30 for my wife.
I was sworn in by my interviewer a really nice ex marine. Basically told me everything was a formality and as our case was straight forward we would be approved. Gave me the test as we chatted and he did the paper work.
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Today, in a historic vote, the Senate successfully passed (on a 68-32 vote) S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.
My current visa H-4 VISA is valid till Nov 25 2016.
- I had applied for an change of status/extension of stay (I539) for H-4 status to July 4 2018 (through underlying H-1 extension).
- I had to travel to India while it was pending. USCIS issued an I-797 - Approval for the extension of stay without abandoning it.
- At the port of entry, the I-94 expiry was marked as Dec 25 2016.
- The expiry date does not jive with the original VISA expiry date Nov 25, 2016 that was presented at the time of arrival. Nor does it reflect the I-539 extended date of July 4 2018 (that was not presented at port of entry).
Please advise -
a) What action would I required to correct I-94 expiry date? Who do I contact to correct it?
b) I am filing for a I-485 adjustment as a spouse of EB-3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
FAQ Transcript:
This is a recurring issue, so first of all I want to address the problem and the possible solutions or the lack of solutions. Often times we have a case, we have a case working on right now actually. This lady entered the US on H-4 visa which was good for let’s say till 2017 but her passport was expiring in 2016 or 2015 She comes in and Customs and Border Protection gives her I-94 only till the date of her passport approval. And sometimes they do that; they will give it to the extent of visa approval, which is incorrect. Your visa could be expiring earlier than your approval. They should still give you the I-94 all the way to your approval not till your visa. In this case they gave it only till 2015 and she is been here over a year now in unlawful presence not realizing that she has been given less stay than 2017.
So, this is a very complicated issue or problematic issue. They will correct the mistakes they have made. If they have made a mistake giving you a wrong date or giving you the date till visa not the approval date, you can actually go back to the CBP at the airport or any of their offices or nearby posts. They have lists of them at www.cbp.gov website and you can ask your I-94 to be corrected.
But there are certain things they don't consider them as errors, such as approval till the passport expiration that cannot be corrected. Then the question is what do you do then?
You have two choices; either you can do the extension of status or current status by filing the form I- 539 or I-129, if you are H-1, L-1 holder. For H-1, L-1 they do it all over again as new case. For H-4 it’s less complicated or simple or you can step outside USA, showing your visa and comeback and receive your I-94 approval. But if your I-94 is already expired, you must speak with your lawyer before you leave. You could very well subject to the bar which comes from the unlawfully present.
So, in this case what happened is the person who has the above question traveled to India while change of status for H-1 to H-4 was pending.
Now USCIS should have declined change of status because they left US, came back received I-94 good till December 2016. The visa expiration date is November 2016, which is what I gave at the airport he says.
What action would I required to correct I-94 expiration date?
Look you can go back to the CBP, make your case that you have made an error, I don’t see the error. If anything they have given you is more time not less and because you traveled abroad while your change of status was pending , that approval is really not worth anything. That’s the mistaken approval.
I am filing for a I-485 adjustment as a spouse of EB3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
I would use the date which they have given you in I - 94 and I would attach an explanation saying that this date maybe incorrect but you don't know. According to your calculation it should have been November 2016.
I always like to make full disclosure to the government, so that they don't come back and create a problem with the discrepancy.
I had a unique situation with my visa, family and company, and Rajiv Khanna was kind enough to take my call and answer to the truth. He gave me his honest opinion and no sugar coating. I like that. I would def. recommend him over other immigration attorney.