The Department of Labor and the Department of Homeland Security are making available for public inspection a copy of the Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, to be published in the Federal Register on April 24, 2013. This Interim Final Rule, developed jointly by the Departments of Labor and Homeland Security, revises the prevailing wage methodology used by the Department of Labor to calculate certain prevailing wages paid to H-2B workers and U.S.
We filed an application seeking a waiver of the foreign residence requirement for our client based on exceptional hardship upon the client’s U.S. citizen child. We argued that the minor child would suffer extreme hardship if he were forced to leave the U.S. with his mother to fulfill the two-year home residency requirement because of a serious medical condition, for which treatment was not readily available in the applicant’s home country. We provided ample supporting documentation in this regard.
I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?
The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.
Champlain, N.Y. – U.S. Customs and Border Protection (CBP) announces a change in the summer operating hours for the Churubusco and Cannons Corners border crossing locations.
Effective May 1, the new hours of operation will be from 8:00 a.m. to midnight. These new hours will remain in effect until October 31, 2013. Please contact the Trout River Port of Entry at (518) 483-0821 or the Port of Champlain at (518) 298-8346 for additional information.
The Department of Labor is making available Frequently Asked Questions (FAQs) to assist filers with complying with the requirements of the joint Interim Final Rule. The FAQs address the applicability of the new prevailing wage methodology, employer wage obligations, requests for review and the processing of pending H-2B prevailing wage requests and H-2B applications for temporary labor certification.
To learn more, please read the FAQs.
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.
I applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485. Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?
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.
We have just received our first H-1 quota receipt notice. That indicates the H-1 lottery is concluded.
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!