Radio Show, April 25, 2013
http://www.immigration.com/media/april-25-radio-show-mera-sangeet
Question 1:
I am a US citizen and my mother who is in India has a ten year visitor visa that is expiring in April of next year. I would like to apply for a green card for her. What is the best way? Also she has PR Canada stamp on her passport that has expired. Will this be an issue? Can she travel?
Canadian immigration should not be an issue whether it is expired or current. Traveling within six months of the expiration of the tourist visa is no problem. A visa is merely the permission to show up at the airport. So even if you show up at the airport a day before the visa is expiring it is ok. At the airport the Customs and Border Protection (CBP) officers decide how long you can stay which is typically six months. So even if the visa expires the stay 1-94 should not expire. That is the important part. Entering is no problem. So first issue Canadian immigration is not an issue, visa expiring is also not an issue.
But the third point which is applying for green card is tricky. If somebody uses tourist visa to enter USA with the preconceived intention that I am going to convert to green card that can be considered to be fraud by the government. However if you enter USA and a few months later your intention changes and you want to apply for a green card that’s ok. There is a difference between preconceived intention and an intention that is formed after you enter USA.
In case if she decides to renew the visitor visa the same procedure is applied like the first time although there might be some relaxation in interview requirements. Best thing to do is to check on their website.
Question 2:
How will I know if my H-1B petition has been accepted in the quota?
You will get a receipt.
Question 3:
As my husbands H-1 expires we are moving back to India around August/September. I am exploring options to quit my job and I am also on H-1. I am looking for a smooth economical transition. I also have a tourist that is valid and can I take advantage of this.
Tourist visa will probably not help you. You have to step outside USA and get back in and it is entirely possible that CBP may not let you back in a tourist visa when you have been here so long on a H-1. As far as the economics are concerned you have to check what the Form I-539.
USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers. On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al v.
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
I sought Mr. Khanna's advice and he took all the time to listen to me and povided the required guidance. He did this even when i am not a client. I deeply appreciate his help and advice.
I had a brief phone consultation with Mr. Khanna. I found him to be very down-to-earth and personable. He had carefully reviewed the issue before the phone call and his advice was to-the-point. I will gladly recommend friends and family to seek his advice on immigration matters.
Since March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) has been accepting applications for Provisional Unlawful Presence Waivers (Form I-601A). USCIS, however, rejected many of these applications because customers did not provide proof that the required Immigrant Visa Application Fee was paid to the U.S. Department of State (DOS).
REMINDER: USCIS cannot accept a Form I-601A unless it includes evidence that the applicant paid the Immigrant Visa Application Fee to DOS.
Please make sure you:
U.S. Customs and Border Protection announced that the automation of Form I-94 Arrival/Departure Record is now effective which will streamline the admissions process for individuals lawfully visiting the United States. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S. which is necessary to verify alien registration, immigration status, and employment authorization.
I had an introductory call with Mr Khanna regarding an H1 visa and the supporting process. Mr Khanna was extremely knowledgeable and gave me some great guidance regarding the requirements and timing. I look forward to working with him and his team in the future.
The Department has published a Notice in the Federal Register announcing a 60-day comment period on its proposed changes to the form ETA-9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and ETA-9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska. To read the Notice, please click here.
It was a long and painful journey of seven years. But, at the end I finally got my GC. Through out this procedure the only positive thing was the help and support I received from Mr. khanna's office. I first applied EB-3 in 2006. Got my EAD through EB-3 application. Then reapplied for EB-2 in 2012 and got my GC in August, 2013. Through out the process Mr. Khanna and his staff was so helpful and thorogh that it made my journey lot easier. I would specially like to mention Suman, Mathew, Seema and Bharathi for all their help extended to me. I can not experess enough thanks to them. I would recommend Law offices of Rajiv Khanna for anybody whoever need any help on immigration issue. They are simply the best immigration attorney in this country!
Hello All - Just want to let you know of my interview experience today. We were scheduled for a 9:00 AM interview at the Baltimore office, and having woken up bright and early, both my wife and I were in the waiting room by 8:10 AM. Fairly simple process to check in once you get in the building and find the room. It was early so there just a few people there waiting. Seemed like people were getting called in quickly and the environment was pretty light, stress-free. I was called in 30 minutes early and was ready to go.
I came to U.S by J-1 visa and now I am married to a U.S citizen.I got married in the first month here and my DS form will expire after 2 months. What will be my status?
Two concerns:
1. Your J-1 visa must not be subject to the two-year HRR; and
2) You must not have had a pre-conceived intention to get married when you entered the USA.
Both are serious issues. Consult a lawyer please.
Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?
Q2. What is recommended, he leaves immediately or waits until his extension decision comes?
A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.
Please click the attachment or the link to view the DACA Processing Dates.
U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. Information in the link provided below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.
For more information on this please visit the DOS website.
Q1. What is FDNS?
Q2. What is the function of FDNS?
A1. U.S.
As announced in Ref A, 9 FAM 40.92 has been updated with information and guidance to consular officers related to a new final rule permitting certain immediate relatives of U.S. citizens to apply to the United States Citizenship and Immigration Service (USCIS) for an I-601A provisional waiver of unlawful presence before leaving the United States for their immigrant visa appointments. This cable provides supplemental information for posts in processing these cases.
For more information on this please click the attachment.
1. When is the I-864 processing fee paid?
2. When does the NVC send instructions about the I-864, I-864W, I-864EZ and I-864A?
3. Is there a fee I will need to pay for the Affidavit of Support forms?
4. Is there a fee to review the Affidavit of Support at a U.S. embassy or consulate abroad?
1. When your immigrant visa case is ready to begin processing at the NVC, the NVC will send an Affidavit of Support processing fee invoice and payment instructions to your petitioner.
Great team at Attorney Khanna's office. Excellent work done by Gene Oxford and Anna Baker for my employee's H1.
I recently got my H1B approved. I find everyone in the Law Offices of Rajiv S. Khanna very supportive and attentive to each detail. I would like to thank Rajiv and his team for such a good job and would strongly recommend their services to anyone. Best Wishes!