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filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer.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?
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.
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.
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.
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
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:
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.
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
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!
U.S. Customs and Border Protection (CBP) started implementing the automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry and will by week’s end include Charlotte Douglas International Airport in North Carolina, Orlando International Airport in Florida, McCarran International Airport in Las Vegas, Chicago O’Hare International Airport, Miami International Airport and George Bush Intercontinental Airport in Houston. Implementation will continue across the nation through May 21, to include air and sea ports of entry that support international arrivals.
Question 1:
The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.
Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?
Answer: If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.
Question 2:
What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?
There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.
1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.
Under EB-1, the second category is outstanding researchers or professors. Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.
http://www.immigration.com/greencard/employment-based-green-cards/emplo…
So one category is for outstanding researchers or professors, for which you need a research or professorial position.
Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.
Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. Somebody who is hailed as a leader in their business For example, Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.
So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.
http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.
USCIS is moving the existing online payment for the USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS). Customers will soon pay the $165 USCIS Immigrant Fee using USCIS ELIS after they receive their immigrant visa package from the Department of State and before they depart for the United States. USCIS ELIS is easy to use and provides direct access to case status updates. New immigrants will also use USCIS ELIS to file future applications and petitions when they become available in the system.
DV 2013 Program: Entrants from DV 2013 (those who submitted entries during the registration period between October 4, 2011 and November 5, 2011) are requested to check the status of their entry now using their confirmation number through Entrant Status Check (ESC) on the E-DV website, if they have not already. Checking ESC promptly is important for selectees, to provide ample time for next steps in the Diversity Visa application process. ESC continues to be available to entrants through September 30, 2013.
So I just got back from my interview. I passed!! I know I know but one gets so nervous for no reason, even fully prepared. And it does not help when you see someone coming back from the interview indicating they have not passed (even if others who come out did).
Step 1
I had my Citizenship Interview today at 1450 Coleman Ave Santa Clara CA -95050
Got through the civic & english tests
But the officer gave me a N-14 and N-652 Naturalization/Interview Results forms
Hi to all! I want to tell you my experince. My interview was on 2/2/2006 in Plaza,NY. I was called after 5 hours, but interview lasted for 15 minutes only.. Immigration lady spoke with a heavy accesent, like russian or slovakian and so fast!!? I can hardly understand her! Anyway, I passed the Interview, but to my surprise she asked for more documents, like phone bills,morgage, lights bill, joint account, health insurance since 2002! I was lucky to have most of papers like health insurance, joint account, but who has morgage, phone, light bills since 2002?
U. S. Citizenship and Immigration Services (USCIS) released the new Form I-9 for immediate use by all employers! Some of the new features include:
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
Redline version of the Senate “Gang of Eight” Sponsors’ Amendment to S.744, released 5/1/13, to be introduced for markup in Senate Judiciary Committee.
Please check the attachment.
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Proposed Rules]
[Pages 25669-25677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10400]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8308]
RIN 1400-AC60
Exchange Visitor Program--Teachers
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.
You must be married to the F-1 holder in order to be eligible for F-2 status. Fiances do not qualify for derivative status.
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.