Guestbook Entry for Laura Sylvester , United States
Name
Laura Sylvester
Country
United States
State
Texas
Search
USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions
Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
Recording of Community Conference Call (Every Other Thursday) 2015, May 14
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
Guestbook Entry for Zenmonics, United States
Name
Zenmonics
Country
United States
State
NC
Comment
We have been working with Mr. Khanna and his team for years and we cannot thank them enough for all they do for us. I like to share a comment that I just received from one of our employees who recently received his H1 approval: "Really appreciate Immigration lawyers for thoroughly review the documentation. I am glad for this approval and believe all their efforts are reflected in this approval."
USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
Requirements for Extension of H-1 beyond 6 years
Question details
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.
Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:
1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
In which country must I apply for a US visa?
Question details
My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ?
Is there any rule for spouse applying visa from primary applicant's country of residence?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
Guestbook Entry for Hari & Anju Nayar, United States
Name
Hari & Anju Nayar
Country
United States
State
NY
Comment
Hello, My interactions with the Law offices of Rajiv S Khanna started in Aug 2004 when I first applied for my H1 visa. Ever since, I have reached out to Mr. Khanna, Mr. Chacko and other support personnel (Ms. Mehta, Ms.Bhasin, Ms.Baker) for all my immigration related needs. This group of professionals is the best you can ever hope to find to help you navigate the complex and painfully slow immigration process. Rajiv and his team form a tremendous body of knowledge and the beauty of this group is that they provide their expertise as a 'service'. It is true that the law firm charges fees for processing ones case, but the amounts charged are far less than what one would have to pay elsewhere for service that is typically not on par. Mr. Khanna himself has called me on numerous occasions to clarify a question or seek more specific detail....it amazes me that the seniormost attorney in the firm takes time to do this and that too without charging a single dime for a personal call. My wife and I used Rajiv's offices to handle our Green Card application. The process was lengthy and stretched over 6 years from start to finish. I'm glad to report that the GC was granted. Without Rajiv's group supporting this would have been a nightmare. The team that handled my case did their work in the most professional manner possible. I got prompt replies to my emails, voice messages and on occasion even emails and calls over the weekend. I have probably inundated mailboxes with questions and counter arguments...never once have I been discouraged from asking questions nor have I not gotten a clear and definitive answer for my queries. Over the green card process, Rajiv's group renewed my Advance Paroloe and Employment applications (for my wife and I) three times. They have never sent me a bill for this, stating clearly that this falls within the overall green card application process. In my comments above, I emphasize on many occasion the financial matters related with this firm. It is also important to highlight the humane treatment you are accorded by everyone I worked with. The support staff and attorneys clearly understand the emotional stress involved in the immigration process and they treat you with respect and dignity. I have referred many friends of mine to Rajiv's office and they all state similar commendable experience. In short, I am glad I found this group of brilliant immigration attorneys and support personnel. I'm glad they were on my side and helped me win permanent residency. I can state without any hesitation that you will not be disappointed if you choose Rajiv's group to represent you. The level of service and support you will receive from the Law offices of Rajiv S Khanna will be far more than what you ever dream about. Many thanks to everyone at Rajiv's office for all the hard work. If there is anything I can every do in return please let me know....
Guestbook Entry for Neeraj Chaudhry, United States
Name
Neeraj Chaudhry
Country
United States
State
MD
Comment
Very knowledgeable and profession Service
USCIS Releases Executive Summary Of Implementing Public Law 111-230 Teleconference
On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.
Guestbook Entry for Lee Garvey, United States
Name
Lee Garvey
Country
United States
State
Virginia
Comment
Kudos to the Immigration.com folks for delivering one of the most efficient and professional experiences I've ever had the pleasure to receive from a law firm. From day one, they knew what needed to be done and guided me without [b]condescension[/b] or hassle to get things done in the most effective way, and for a very reasonable cost. I would not hesitate to engage them again for H-1 Visa processing.
Guestbook Entry for Anand Kumaraswamy, United States
Name
Anand Kumaraswamy
Country
United States
State
New Jersey
Comment
The Law Offices of Rajiv S. Khanna have been helping me with my GC petition. Recently, my fiancee and I decided to get married, and I realized 2 weeks before my trip that I did not renew my Advanced Parole Document. Your law office was very quick to suggest that I apply for H1B visa (based on approved I-140) under Premium Processing. Rachel Nulty (Staunton, VA office) was my case manager, and she worked on the petition so meticulously that we got my H1B petition approved within 2 weeks in a timely fashion. I need to thank Rachel and the entire law firm for the professionalism you executed my case with. Your timely help with my H1B petition is extremely appreciated and is second to none. I am happy that I chose your law firm for my GC petition, and I am sure that we would be getting our GC in the near future.
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
Substantial transcription for video
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
H-4 EAD Filing
Question details
My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Exempt from the H-1B Quota
Question details
I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
Question details
My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
H-4 EAD - Documents needed; name issues; processing times, etc.
Question details
Q1. Among the documents needed for filing H-4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municipal/Registration office..... is that needed even for H-4 EAD. What if the name on the Birth Certificate from Registration office is different from name on Passport? What should be done here? Any other documents etc. we need to be careful about and should be working to get ready now. (Education certificates and marriage certificate etc. we already have)
Q2. Would it again be first come -first served in terms of filing H-4 EAD? I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.
Q3. Approximately how much time it’s expected for EAD to arrive, everything going well
Q4. One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H-4 EAD or NOT ( in a situation if old employer revokes I-140 )
FAQ Transcript
A1. So far it appears to me and again we don’t have the details yet. The very least you will need is proof of marriage and birth certificate. I don’t think that is the normal requirement but I believe proof of relationship should be acquired and kept. Then the question what if the names on the birth certificate and passport are different.... we still don’t know lot about these issues. I would say an affidavit explaining the discrepancy and probably making efforts to remove the discrepancy whether you want to have the passport issued under the correct name or whether you want to have a Indian court give a declaratory judgment of some kind that the name X and Y are the same person. Something like that would be a good idea. But it is not going to stop you H-4 EAD application at least in my mind. I think even education certificates are irrelevant because the H-4 EAD is not given based upon what degrees you have, it is given based upon your relationship with the H-1 holder who is at a certain level of maturity in the green card process. I am not worried about the laminated original document. That doesn’t bother me.
A2. First of all USCIS just roughly follows the first in, first out rule. They are not always bound by that rule because there are so many variations within the processing times if it is given to a particular officer, which depends on what is their case load is and what if they have to take a couple of days off. It’s not always predictable that you will always be first in and first out.
A3. Under the regulations USCIS should adjudicate EADs within 90 days. But in case you don’t know they are finding it very difficult to keep to that time. I will be surprised if they are able to keep to the 90 days process, but if it is merely administrative process and there is not a whole lot of investigation involved then I don’t see why not but I really don’t know.
A4. The government has said as long as you have one I-140 that remains unrevoked they will give us the H-4 EAD. But if the I-140 is revoked then H-4 EAD will not be given.
Our software company has worked with Rajiv and his staff for 2 years on various visa applications (H1B, L1, EB2) and couldn't be more pleased. The entire staff is professional, reliable, knowledgeable, and friendly. Rajiv is never too busy to have a call to provide updates & recommendations, and even just to put employees at east during these most stressful times. I highly recommend the Law Office of Rajiv S. Khanna.