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:
USCIS Reaches FY 2011 H-1B Cap
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
Guestbook Entry for AMurad, United States
Name
AMurad
Country
United States
Comment
It was a pleasure working with Rajiv's office on an H1 application for our employee. Though there was a considerable amount of paperwork required as a result of the increased diligence from DHS lately, we got good instructions with clear guidelines on what was needed at each step. Anna and Fran answered our questions very promptly and capably. They were also very careful to consult Rajiv on any legal opinions. I know Rajiv handles a lot of cases, but with the processes he has in place and attention his staff gave to this case, we might as well have been his only client. Thanks Rajiv, Anna and Fran.
Guestbook Entry for Siva Jonnalagadda, United States
Name
Siva Jonnalagadda
Country
United States
State
ILLINOIS
Comment
Hi, I took consultation with Rajiv sir twice for my sister-in-laws immigration issue. The first consultation showed us the path to keep immigration status current. Also, the consultation gave lot of confidence and relived our stress. Rajiv sir is excellent in his knowledge and he is well prepared to answer our questions during the actual consultation over phone. I am very much satisfied with the consultation provided by Mr. Rajiv. I can clearly see there is a helping mentality rather than just a service. Rajiv sir is very professional and gave us one free consulation when we requested for paid consultation for few questions. He is very promt in responding to regular emails with specific question, ofcourse without any charge. Rajiv sir, Thank you very much for everything. Regards, Siva
Guestbook Entry for amol chokshi, United States
Name
amol chokshi
Country
United States
State
VA
Comment
I was having issues with moving from one company to another on H1B as the deadline was too tight and conflicting. Mr. Rajiv Khanna explained everything so well and in such a simple language that it made it very clear to choose proper path. He gave me more than enough time twice and that to within 48 hours. Thanks a lot Mr.Rajiv; your help was greatly appreciated. Thanks a lot to Mr.Khanna and his imm. team.
Guestbook Entry for Kalai Balamurugan, United States
Name
Kalai Balamurugan
Country
United States
State
PA
Comment
I am very happy with your services. I had a history of taking a break on my H1 and transferred my visa to H4. While I re-applied for my H1b through your office, I was really with your professionalism and the way you gathered information from my employer. I got the visa without any issues.I appreciate your work and would surely recommend to my friends.
DOL Publishes FAQs On H-1B, H-1B1 And E-3 Programs
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
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.