USCIS seeks your input on the interim guidance memoranda listed below. These memoranda are current guidance of proposed or revised guidance to USCIS Field Offices and Service Centers. These memoranda have been provided to the field offices and service centers as interim guidance. Adjudicators will begin using the current memoranda understanding that the guidance may be revised after the comment period closes. Final guidance will be issued to the Field Offices and Service Centers following review and consideration of the comments from the public.
I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!
Contacting Lockbox on rejected applications
After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits
Please check the attachment to get detail information for the 2012 Diversity Immigrant Visa Program (DV-2012), updated on 9/22/10.
I am going to India for my wedding, I plan to do my L1A stamping and get an L2 for my wife. Now suppose my L1A stamping is denied, what happenes to my existing L1b petition which is valid till 2011 Oct? Can I use that to file and L2 for my wife and return back to US?
Your current approval is not invalidated by denial of an L-1A. You can use it.
I have 3 yr Bachelor's degree (BSc) + 3 yr Bacheolor's degree in technology(BTech) from India and 8 years of experience. Do I qualify to apply for Green Card under EB2 category if the position requiers MS or BS+5 yr experience.
Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.
I have a GC since Nov 2004 and stayed in US for 3 years before moving to India on a temporary assignment. I have been in India for the past 2.5 years and have got a re-entry permit. When I return to US in April of next year, since it has been more than 5 years since I got GC and I had been physically present in US for over 2.5 years, will I be eligible for applying for citizenship?
Since you have been out of USA for more than one year, you will be eligible for naturalization only after 4 years and 1 day after you come back to live in USA.
Hi all, Finally I have got my GC approved. Just yesterday I recieved my card in mail. I am so happy and relieved because it has come in just the right time. Many thanks to everyone at immigration.com. These people are very professional. Specially I would like to thank Prerna, Vijay and Mathew for helping me out throgh out my GC process. I would highly recommend Immigration Law firm to anyone looking for representation in immigration matters. Best thing about them is you can actually talk to the lawyer or your assigned contact person yourself which unlike other law firms is almost impossible.. Great job guys..You are really the best.
SAN JUAN-Puerto Rico Governor Luis G. Fortuño extended last night the validity of birth certificates issued before July 1, 2010 to American citizens born in Puerto Rico for 30 additional days, until October 30, according to Secretary of State, Kenneth D. McClintock.
This fact sheet provides an agency overview for general informational purposes only and is not a substitute for legal advice; nor does it constitute any legal opinion by the Department of Justice, or create any rights or benefits. This fact sheet is not fully inclusive, does not address all applicable laws or case interpretation, and may be subject to change as new laws and regulations are enacted.
I was in my fifth year in USA without starting my LC process. Since it was a critical stage for me, I asked my company and Mr. Khanna to file PERM LC for me ASAP. My contact person, Seema, helped me a lot in preparing the case in a speedy manner and also answered all my questions promptly. Its a very good feeling when you work with nice and professional people. Today after three months of filing my case I received a "Congratulations" email from Seema that my LC got approved. Still have a long way to go but sure its a good start.
I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me.
1. They have no clue abt H1B visa. How do I proceed?
2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?
If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html
My mother had an appoinment to get a visa today and she got denied but they did not give her a reason, is there a time period she should wait to try again or can we find out why somehow.
They are required by law to give a reason. Contact your Congressman.
I have been a petitioner for my brother since I offered it in 2002. Now, I don't want to be a sponser for my brother. Can I cancel it or not?
You can withdraw the Form I-130.
Effective from Thursday, September 16, 2010 there will be no further visa authorizations in response to requests for any FAMILY preference category, Employment based cases (EB-2, EB-3, Other workers, EB-4, and Certain Religious Workers). FY2011 numbers will be available on 10/01/10.
For detail please check the attachment.
WASHINGTON—Under an executive order signed by the Governor of Puerto Rico, certified copies of Puerto Rico birth certificates issued before July 1, 2010, will now be valid through Oct. 30, 2010. The validity of those certificates had previously been set to expire on Sept. 30, 2010.
Here is a question from one of our corporate clients:
Let's say hypothetically an employer hires someone for 20 hours a week for clerical office work who is in the U.S. on a student visa.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
Number 83
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Discussion Topics:
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.