Rajiv's Comments in the News - US intends to continue with its H-1B reform agenda
Published by: The Economic Times: December 15, 2021
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times: December 15, 2021
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times: December 29, 2021
Quotes and Excerpts from Rajiv in the article:
“Chronic and unconscionable delays have become an integral part of the USCIS and other immigration processes…,” said Rajiv S Khanna, managing attorney at Immigration.com. “While we can understand some delays that have been built into the process by statute, such as country-based immigration, processing delays of a year or more in benefits that should require only minutes to adjudicate are uncivilized.”
1. I applied for I-485 and it is pending. I received my GC-EAD in Aug. 2021 and started using it for my work. I am currently working for two employers on W-2s using the GC-EAD (GC employer and a new employer). Will USCIS question why I am working with 2 employers on W-2s? Will it impact the pending I-485?
2.Instead of two W-2s can I convert the second W-2 to a 1099 ?
3.During the GC interview or in the RFE Letter, if they ask to provide a W-2 , can I produce only the primary employer W-2?
4.If the interviewer asks how come you have two W-2s how to answer the question in a more convincing way ?
Note: Where transcribed from audio/video, 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.
I am in the initial OPT which expires on November 30, 2021. My STEM extension has been denied based on an approved H-1B which has been pending for withdrawal at the Texas Service Center for the last five months. My current employer’s attorney raised the Ombudsman request on Oct 25, 2021 and I’ve taken a U.S. state senator's help to submit an inquiry on October 19, 2021. I have received no response so far from USCIS orthe online forums. It seems it will take 30 days to get a response at least from the Ombudsman and the case inquiry but I’m running out of time. My previous employer's attorney is not willing to join a call with a Tier -2 officer and they're not helpful at all. My current employer is re-applying for my STEM OPT extension on November 24, 2021 with all the evidence possible but it's already past 60 days. I can't get a new I-20 because my SEVIS record is closed and they're not sure I'll get a favorable discretionary decision because my H-1B is still approved.
I am hoping the USCIS officer would show some discretion but from past experience I am afraid they will not. I am not really sure what to do here. I might end with a financial loss. Please guide me with your suggestions.
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This question is related to getting an FNU (First Name Unknown) removed from a green card and updated with the correct first name. In my wife's passport, the last name is empty and the first and last name is combined as Given Name. So in the green card, FNU is given as her first Name and full Name as last name. We are planning to update the Indian passport with a split name correction.
I understand that we need to file an I-90 for a name change. Since this is a split name correction, do we need to get the county court certification for name update, or is just presenting the updated passport with name correction (with first and last name mentioned) enough? Is any other documentation required?
While the name correction is being processed with USCIS will there be any issues traveling outside the country?
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Iam a Indian National Married to A US PR holder She has cleared her N400 Interview .I have been last year Denied Admission (deported) from Airport after me being initially on Student (F-1) Visa & then on H1B (61/2 years previously) with Citations : 212(a) (7)(A) (i)(I) & 235(b) (1) .
The questions I have for you are :
Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ?
Q) Do I need any waiver like I-212 or anything else for my future entry to USA ?
My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse sending her Naturalization Certificate & her passport copy to NVC(Kentucky)
Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ?
Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad, India ? & Overall how much time will it take for me to get the Visa or the Conditional Green Card
In 2008 while I was working in gas station I was caught selling alcohol to minor. I was in student visa at that time and was getting paid in cash. This was unauthorized work. I was not arrested but went to the court and the final verdict of case came to attempt to sell alcohol to minor which falls into misdemeanor C. Right now I am in H-1B and I have filed my green card through my employment. My Labor and I-140 is approved and waiting for my PD date to be current to apply I-485. So what are my chances to get I-485 approved having that case in my past? I have got mixed answers from the attorneys I have contacted so far. Some said I should be fine and some said if USCIS ask about my work authorization at that time then my petition will be denied due to violating my F-1 status. Please let me know what you think. Will USCIS go further to ask that since you are selling alcohol on F-1, then you must have violated immigration law by being employed without work authorization?
If you have criminal conviction, lot of times you can have criminal convictions for minor problems for example you got into altercation with somebody or some kind of public nuisance conviction, in this case selling alcohol to minor did not check the ID. So the question is how does that impact my immigration status?
First of all, there are 2 categories of crimes misdemeanors and felonies. Felonies are anything which are punishable don't have to receive that punishment but punishable by more than a year. They are more serious crime and other is misdemeanor is year or less than a year.
So we look at the crime is misdemeanor or it is a felony, then we look whether there is moral turpitude or not. Moral turpitude is the term for dishonesty, reckless, disregard or safety of other people or attack on other people. So these are typically they call them offenses of moral turpitude. So if there is moral turpitude and there is felony chances are, you got the problem. But if there is only one misdemeanor even if it’s turpitude crime it is exempted by something called Petty offense exception. Petty offense exception says if you have only one misdemeanor and the sentence actually imposed upon you was less than 6 months, whether you actually served it or not. Even if it’s a suspended sentence it is considered to be sentence than we leave you alone, give you H-1, F-1 or Green card so petty offense exception. So once again we look at the crime if it is a crime of moral turpitude or not, if it’s not chances are you are going to be OK. If it’s a Felony of moral turpitude you have a problem. If it is only one crime misdemeanor you don't have problem, very generic overview.
Normally when I look into these cases, first thing I do is try to see if we get away from conviction. So if we get the case settled with the government, plea bargain entered without the conviction.
What is conviction under Immigration law?
A conviction under immigration law is where you admit having committed the offense. If you have to admit the offense then it is conviction, no matter what kind of deal we make. First of all we try to get away from conviction, if there is no conviction there is no crime. If we can do that then we are safe. If we are not able to do so we bargain for misdemeanor. That’s the way typically we handle these cases. . Make sure it is misdemeanor under the state law. You say that it is misdemeanor C. I don't know what that means. State law has to be checked. But it looks that you are going to be OK.
My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:
1. No.
2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing
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