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My interview and oath experience. (Same day - Thursday)
Myself and my husband had our interview yesterday in Atlanta USCIS office (2nd floor). Appointment for both of us was at 9:45 am. We were there about 30 mins early and submitted our interview letters at the counter and waited. The waiting area was crowded.
Recording of Community Conference (Every Other Thursday) 2015, April 30
Profession/Occupation
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;
Guestbook Entry for Sreekanth Reddy j, United States
H-4 EAD Filing
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filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer.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
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.
Sister's Green Card
I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.
Guestbook Entry for Jayashree Vidya, India
It has been a pleasure working with Rajiv and office for almost 8 years now. Each case has been given personal attention. Suggestions given for how to project tough cases. Team has always been supportive and meticulous. Cases are handled in a very professional way. Looking forward to be working with them for many more years.
H-4 EAD filing while H-1 extension is pending
I am on H-1B visa more than 6 years. I also have I-140 approved. However my H-1B is under renewal process. I do have 'receipt of notice' but not approval notice yet. Looking at the waiting time I don't think I will get H-1B approval along with renewed I-94 before May 26th 2015. I need to file EAD for my wife on 26th May.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/y6RtaKhuoIY
H-4 EAD - Converting from H-1 to H-4 EAD - good idea or not?
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:
Fraud Alert for Students
Following is the text for a fraud alert issued by SEVP. Read caredully and disseminate this information, folks.
To: All SEVIS users
Date: May 6, 2015
Re: SEVIS I-901 Fee Fraud Alert
Number: 1505-03
Comments
To comment on this Broadcast Message, please email SEVP@ice.dhs.gov with “Broadcast Message 1505-03 Comment” entered in the subject line.
Guestbook Entry for Avtar Singh (CES Consulting LLC), United States
We have been using Rajiv and his team over the past four years to help our employees apply for H-1 visas and permanent residency through labor certifications. In all cases, Rajiv and his team has been very proactive in explaining in detail the nuances of each unique case, the approach to take to speed up the process and chances of success and the follow through on all the proposed course of action is very thorough. His staff is prompt in sending us completed paperwork, helping us through our paperwork ensuring it is correct and detailed to the USCIS requirements. His staff (Anna, Heather, Judi, Vijay) have been very professional to work with and we have had success in all cases. We will continue using Rajiv and his team for all our immigration needs.
I have even used them previously for my H-1/H-4s and green card case.
If you are looking for immigration advice or counsel, use the proven team of Rajiv.
Avtar
Guestbook Entry for SK, United States
Mr. Khanna is one of the most knowledgable lawyers I have spoken to or heard off.... He understood our situation and offered several solutions to us. Hats off!
USCIS Announces Workload Transfer From Service Centers To Field Operations
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*USCIS wants to notify customers and stakeholders that some work that USCIS performs at the four USCIS service centers (Vermont, Nebraska, Texas and California) will be transferred to a Field Office or the National Benefits Center (NBC) in order to balance the overall workload with processing capacity. The chart below summarizes these changes.
Guestbook Entry for Sanjay, United States
For immigration need, so far I have got prompt help whenever I ask for. Thank you very much Heather, Mark and Attorney Rajiv.
USCIS Launches Spanish-language I-9 Central on USCIS.gov
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification.
USCIS Announces New Filing Option For Canadian TN Visa Seekers
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Canadian TN Nonimmigrants
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.
With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.
Guestbook Entry for Vijay Koul, United States
Mr. Khanna is very focused, and gives very accurate information. He is very flexible and warm person. It was great experience working with him and his staff. I greatly appreciate it!!
Compliance
These videos are a part of series of Continuing Legal Educaion seminars delivered by Rajiv to various lawyers' groups. These provide an overview of how immigration law affects lawyers, business owners, HR and others in the work environment. If you would like us to provide informational conversation to your group, please contact us.
Immigration Law
Proving the Ability to Pay Wages
What is ability to pay wages and how do employers prove to the USCIS that they have the ability?
At the I-140 stage, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future. In this regard, employers must prove that: (1) the employer’s taxable income is equal to or greater than the proffered wage; or (2) the employer's net current assets are equal to or greater than the proffered wage; or (3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.
AAO Processing Times October 1, 2012
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AAO Processing Times as of October 1, 2012 |
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I - 129 CW | |||
Agency
Guestbook Entry for Abhishek Gupta, United States
Thank you Mr. Rajiv and his team for a prompt and supportive guidance on the whole H-1B Visa process. The team is knowlegeable, meticulous and helpful. They worked on the case keeping my interests in mind and at the same time going by the rules for a smooth visa processing. Mr Rajiv took out time to answer my questions and as well as Anna and Fran were very quick and responsive in any kind of communication that was needed from the start till the Visa was approved and also after that if I had any questions. I did not need to worry about anything during the process. I really appreciate the work they did, the support they gave and highly recommend their services for any kind of legal guidance needed.
USCIS Program Extension Alert
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
- E-Verify
- Immigrant Investor (EB-5) Pilot Program
- Special immigrant visa category for non-minister special immigrant religious workers
- The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.
Program Details
I would like to express my gratitude and thankfulness to the Law offices of Rajiv Khanna for their expertize in handling my case from the very beginning.
Through out this journey Rajiv and his team(Art Shifflett) were so detailed, deligent and very informative in handling of our cases. They are very professional and prompt in resolving any issues with USCIS.
My special thanks to Art Shifflett , he is very very prompt and polite person, he always responds to emails right away and even if you forget he reminds and follow ups, he forwards all questions to appropriate person and makes sure you get the answer you are looking for.