Processing Queue | Priority Date |
---|---|
Analyst Review | May 2021 |
Audit Review | November 2020 |
Reconsideration Request to the CO | May 2021 |
USCIS recently updated the following USCIS form(s):
Release Date
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
We are very thankful for Rajiv Khanna and team for handling my tough H1B renewal case. This was my 4th Extension that was denied before we approached Mr. Khanna to take over the case. Ms. Kalpana Panuganti was very thorough with case details and responded to any of our queries promptly. We were updated on our case in a very transparent manner and Kalpana always responded to emails/calls immediately while working on RFE response. Their insight and attention to detail in regards to our case was commendable. We would highly recommend Law Office of Rajiv S. Khanna PC for any immigration related matter.
My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?
The CBP (Customs and Border Protection) may find this pattern an unacceptable use of the visitor's visa. Generalizing for the sake of making a point, if in any twelve months your parents have spent more than six months in the United States, the CBP can hold that it appears your parents are living in the United States and visiting their home country instead of the other way around. More...
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.
Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?
2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?
3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?
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.
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. More...
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.
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
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.
How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?
Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.
My ETA form 9089 (PERM) has been certified in the record time of just 5(!) business days after it was filed by your office. Special credit goes to my case manager Ms. Richa Narang and also to Mr. Rajiv Khanna for their restless dedication, diligence, and hard work. You guys have shined by meticulously closing any possible gap there could have been in executing the filing documents. Your advise has been prompt and refreshing. it was always in plain English and right on point on the law without overcomplicating things. Your patience is unmatched. This overall impression echoes the experience I have made when we filed the h-1b for my wife who received her visa in less than a month after filing. I look forward to tackling the next stage (I-140) knowing that things will almost run on auto-pilot. Best wishes to your entire team for 2011. Thanks, Chris Alberti
Green Card Through the Help Haiti Act of 2010 |
On December 9, 2010, President Obama signed into law the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010). This new law will make it possible for certain Haitian orphans paroled into the United States to become lawful permanent residents (LPR) of the United States and get green cards. Applications to get a green card under this law may be filed at any time on or before December 9, 2013.
Some civics test answers will change due to recent elections.
Question |
Update |
20: Who is one of your state’s U.S. Senators now? |
The answer to this question may change as of January 5, 2011, depending on where you live. Answers will vary. Give the name of one of your state’s U.S. Senators serving in the 112th Congress, which begins on January 5, 2011. |
This Policy Memorandum (PM) ensures that USCIS uniformly and consistently adjudicates petitions and applications in light of section 204(l) and 213A(f)(5) of the Immigration and Nationality Act ("the Act"), 8 U.S.C. §§ 1154(l) and 1183a(f)(5).
Please check the attachment for details.
This presentation is intended to provide a guide for discussion at the stakeholders’ meeting and to explain current USCIS policy and practice. It is not intended to be an official statement of USCIS policy, and does not supersede any existing statutes, regulations, or policy memoranda.
I have BSC from India + 2 years diploma in NIIT (In H1 and L1 they considered my diploma as a master degree ..I guess) in India and 10 years of experience. Can I apply GC in EB2 category?
Diplomas are unpredictable. I think EB-2 is doubtful.
I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?
Personally, I have seen no correlation between premium processing and increased RFE's.
My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?
In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.
We recently got married. My wife is currently in US student visa/OPT. I am a US citizen. We are currently filling out her green card application (I-130 from me and I-864 for her status adjustments).
1. How old will the entire process take - until she gets her green card? (I have heard 90 days - is that accurate?)
2. My wife's current visa expires in 3.5 weeks. If we send out all our finished paperwork in the next day or two, is that time for her status to be adjusted? What if the status is not adjusted before expiration? Can we do something so she won't have to leave the country ?
1. Time should be approximately six months to one year if all goes well. EAD is issued usually within 90 days of applying for it.
2. Once you apply, she should not have to leave .
Questin 1
This Policy Memorandum (PM) provides USCIS offices with instructions for handling regressed visa number Adjustment of Status cases (employment-based and family-based) interviewed at USCIS field offices on or after January 1, 2011.
USCIS releases revised edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 (Employment Eligibility Verification Form) from USCIS.
Number 29
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
We all know USA is land of Immigrants. Choosing a right immigration attorney is the key in shaping the future of an immigrant. Vast knowledge on the practice and experience of working on many cases is the key in this industry. I did my best in choosing Mr Rajiv S Khanna Law offices for processing of my H1B and Green card application. I only have compliments and a great respect from the bottom of my heart for taking my application to the next level and getting approved. Every day when I woke up, I enjoy the freedom of happiness, freedom of living to me and my family. Without he and his team support, carefully checking the applications, getting reviewed before submittal this would have not been possible. All I can say is when you hire an attorney, you are putting you and your family life in their hands. When Attorney thinks the same way as you think, and knows the human values, you are in good hands. Mr Rajiv's team are always available any time when we had question/questions. Thank you so much to Art, Anna, Kalpana, Bharathi and others who are behind the scenes and helping others like me. I sleep peacefulness and wake up with a smile. This is the beginning of new life. Thank you very much for providing your services and being part of integral role of my life journey.