Processing Times and Status Checks
Processing Times for immigration matters vary widely. The U.S. United States Citizenship and Immigration Services (USCIS), the U.S. Department of Labor, and the U.S.
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Green Card holder stuck outside the US for more than a year
Question details
I am a US citizen who Sponsored my fathers green card in 2010. His green card is expiring oct 2020. He had to stay in India since Jan 2019 due to health conditions. With the Covid pandemic situation and his age (81) and health conditions, he is not able to travel back to the united States before the green card expiry. My father does not have any family in India to take care of him and will have to come here so that my brother and I can take care of him. What are our options for avoiding the expiry of the green card? Secondly, is there a 60 day extension on the expiry date due to Covid 19?
FAQ Transcript
You should try to get in touch with the consulate and send them emails, etc., asking them their guidance and that way you have at least some proof that you are trying to get back into the USA on time, but if it goes past one year it can't be helped, you can always start a new green card if you like, not too many options here.
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.
Priority date and original I-140 approval notice
Question details
I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
FAQ Transcript
So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B
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 Forms Update Notice
USCIS recently updated the following USCIS form(s):
Rajiv's News Clips - Court strikes down Trump admin's H-1B restrictions- Times of India
Published by : Times of India - Date: December 02, 2020
Rajiv's News Clips - US Senate passes Bill to do away with country-caps on employment-based green cards; hurdles remain - The Economic Times
Published by : The Economic Times - Date: December 03, 2020
Dec 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
Rajiv's Article - Immigration law meets Facebook: Decoding the discrimination lawsuit against the social media giant - The Economic Times
Published by: The Economic Times - Date: December 11, 2020
USCIS Extends Flexibility for Responding to Agency Requests
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Pending I-485 Petitions and 180 Day Portability Rule
Question details
1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule
Video Transcript:
1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.
FAQ 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.
Rajiv's Article - View: Are H-1B programmers “normally” professional? - The Economic Times
Published by: The Economic Times - Date: December 23, 2020
Synopsis
Visa Bulletin For January 2021
Agency
Green Card
Guestbook Entry for Amrita Sunkuru, United States
Name
Amrita Sunkuru
Country
United States
State
TX
Visa Reciprocity Tables Updated
For temporary visitors to the United States (nonimmigrants), reciprocity tables, available from the drop-down menu above, show applicable visa issuance fees by country and by visa classification type, and the maximum period of visa validity and number of applications, or entries, that may be authorized.
The Department of State has updated the visa reciprocity tables. Please click here to get the updated information.
Radio Show, 2013, November 27, Discussing immigration reform, dual citizenship and H-4 status
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Locating I-94 Online
Question details
I can't locate my I-94 online. What should I do?
If you tried to retrieve your I-94 from the cbp.gov online system and you receive a response that your I-94 is "Not Found", please read the following questions to help you check for mistakes and try to enter the information again:
1. Did you enter your first and last name the same way it appears on your passport? Please do not use dashes or titles.
2. Did you enter the passport number that appears on the upper right hand side of your passport?
ICE Proposes Changes to International Student Programs
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) is proposing changes to the requirements governing its Student and Exchange Visitor Program (SEVP) that are intended to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students.
Guestbook Entry for Sarat, United States
Name
Sarat
Country
United States
State
MI
Comment
I have recently filed for H1B 8th year extension under premium processing and I got the approval in a week. Rajiv, Fran & Anna did excellent work throughout the process. I really appreciate Rajiv for his attention to detail and his thought process before filing the application. He even submitted some documents even before CIS want to think about it. Thanks again Fran and Rajiv.
Guestbook Entry for Varun Parti , United States
Name
Varun Parti
Country
United States
State
VA
Comment
Thank you for the most updated and recent valuable information and expertise provided by Mr. Khanna each time we seek fro advice!
Returning Resident Visas (SB-1)
Question details
What is Returning Resident Visas (SB-1)?
About Returning Resident Visas (SB-1)
ABT Settlement Agreement
On Nov. 4, 2013, the United States District Court for the Western District of Washington granted final approval of the revised ABT Settlement Agreement, bringing to a close class action litigation that began in December 2011.
Recently worked with Pavithra Madhanakumar in Law Offices of Rajiv S. Khanna for my parents B1/B2 extension of stay. The entire process was seamless. Pavithra was very responsive to our queries and kept us informed of our next steps throughout the way. Very happy to have associated with this firm. Every member in the team seemed invested in our case and provided valuable guidance. Would love to associate again in the future.