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Recording of Free Community Conference Call (Every Other Thursday), Oct 5, 2017
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||
Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
Note: 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.
USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order
U.S. Citizenship and Immigration Services (USCIS) has posted additional data about the agency’s employment-based visa programs on its website.
Recording of Free Community Conference Call (Every Other Thursday), October 19, 2017
Immigration.com
Citizenship and Naturalization
Immigration Law
Discussion Topics, Thursday 19 October 2017:
FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.
Pros and Cons of Adjustment of Status and Consular Processing for Green Card
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
Video Transcript:
Note: 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.
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Note: 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.
Guestbook Entry for Renata Sagdetdinova, United States
PERM Audit and H-1 Expired
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
Guestbook Entry for Pravin K, United States
I have been working within the financial industry in New York since past 6 years on H1-B visa. For my GC and H-1B extension, I chose to work with Mr. Khanna and his extremely capable team. In past 6 years, I have worked with different groups of attorneys for immigration visa things a couple of times, I can easily say that Mr. Khanna and his team was the best. Also, I had so many one-off non-standard situations with my visa application, but everything was very pleasantly accomodated and carefully handled by Mr. Khanna's team. There was no mistakes made and their advisement was absolutely spot on. Very very professional indeed. Thank you very much to all the guys who worked on my applications.
Guestbook Entry for Ishtmeet Singh, United States
Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.
USCIS Announces H-1B Cap Exemptions Based on Relation or Affiliation
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.
USCIS Reminds Japanese Nationals Impacted by Recent Disaster of Available Immigration Benefits
WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.
USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:
USCIS to Start Accepting H-1B Petitions for FY 2012 on April 1, 2011
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
USCIS Reminds Grant Applicants of April 1 Deadline
U.S. Citizenship and Immigration Services (USCIS) reminded potential applicants of the April 1 deadline to apply for funding under the fiscal year (FY) 2011 Citizenship and Integration Grants Program. Organizations must apply electronically by 11:59 p.m. EDT on April 1 using the application package and instructions available at www.grants.gov.
During my immigration processing, I have dealt with many immigration lawyers with rather disappointing results. The Law Offices of Rajiv S. Khanna stand out in many ways for their professionalism, quality of customer service, promptness of business, profound legal knowledge and expertise, and above all, professional ethics. My case was complicated - I had an I 751 petition denied for lack of supporting evidence and did not have my US Citizen husband's support. So I wanted to get an H1 visa to be able to stay in the country. Mr. Khanna and his team members really helped me with my case by giving me a very sound advise. I found several differential advantages of Mr. Khanna and his team members: They were able to grasp and line up all the facts of my case with no confusion or room for interpretation. The did legal research for my case before giving me legal advise and BEFORE deciding whether to take my case or not. So they do not waste their clients' money. The work that they performed on my case was done very promptly without leaving me up in the air waiting for the results. The work that they did for me left me confident that I got the best legal help available on my case, which is very important as dealing with USCIS and Immigration lawyers can be very frustrating. Overall, Mr. Khanna and his team members saved me time, money, frustration, trouble, stress, and made working with them an enjoyable experience.
Mr. Khanna proved to be the best lawyer I had to deal with. I highly recommend the Law Offices of Rajiv S. Khanna to everyone without any doubts. I hope I will not sound too strong if I say - if there's anything that can be done on complicated immigration cases, Mr. Khanna and his team will do the best job for the best value with professionalism, honesty, ethics, and integrity that makes them markedly stand out amongst the immigration lawyers. If I ever need any legal help for my immigration, I will not go to any other place.