Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
My Question is after getting green card and leaving consulting employer after 14 months, when person applies for US Citizenship (8 years after getting green card) can USCIS ( knowing that sponsoring company was consulting) asks for client letter, contracts ( like H-1B documentation ) for the period when employee was working with GC employer( after GC approved) ?
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.
I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.
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.
PERM Processing Times (as of 11/30/2018)
USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition
In Summary, <br>
* I worked for the same Company from 2004 to 2014 (2004 - 2011 in US on H1B, and 2011-2014 in India)<br>
* BUT, after Green card, I did not work for the Company in US.<br>
* I don't have even a single paycheck from US Company after receiving GC.<br>
* Since then, I have been working in a job with same job description that my GC was filed for.<br>
* All other history is clean. I have two US born children, Always paid taxes on time, no legal cases.<br>
I heard from reliable sources that under current circumstances, my case will be marked as fraud and there is a 99% chance that they will revoke my GC and deport me, as I didn't stay with the employer that sponsored my GC.
<br>
Questions<br>
* Should I be really concerned?<br>
* What are my options?<br>
* I have the option of going back to the same employer now. Does that help?<br>
* If my wife applies for Naturalization instead of me, is that going to be any different?
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 transferred some of the following cases from the Vermont Service Center to the Texas Service Center, Nebraska Service Center, California Service Center, and Potomac Service Center:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-2B cap for the first half of fiscal year (FY) 2019.
SAVE continues to implement enhancements to improve your experience and reduce burdensome processes by giving you more self-service options. For example, you’ll soon be able to reset your password automatically instead of contacting SAVE.
Number 25
Volume X
Discussion Topics:
Marrying a Canadian and bring them to USA || I Apply for a NIW through EB2 || COS to L-1A || Can any company revoke I-140 after 180 days || H-1 transfer || 3 year H-1B extension || Fiance visa || H4 EAD and starting a business || EB3 to EB2 porting of priority dates
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I would like to thank Rajiv and Amrita for excellent work with filing for my green card. They are a great team of professionals, were always ready to answer my questions and clarify any concerns. My employment based green card process went very smooth and quick. It just took about a year and a half from process initiation to green card in hand.
Can't thank you enough!
Highly recommend this team for your immigration needs.
I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018. My attorney has filed for amendment of priority date - How this works , will they open the case again ?
How long will it take to get the amended I-140 with old priority date.
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.
Effective immediately, the categorical CNMI parole programs are terminated. This affects USCIS parole programs for immediate relatives of U.S.
NPWC Processing Times (as of 12/08/2015
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
Video Transcription
If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.
So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these.
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.
Number 80
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during August for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
New tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center
WASHINGTON—On June 28, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
After you file your application, petition, or request, if you need to provide your fingerprints, photograph, or signature, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). USCIS has the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. See 8 CFR 103.2 (b)(9).
I have completed 3 years on my initial H1B. My employer applied for extension but it was denied saying Specialty occupation not met. My I-94 has expired and I was out of status. My employerhired Rajiv S Khanna for filing H1 extension again in PP along with MTR. This new H1 extension is approved along with I-94 which has corrected my out of status period. It was miracle and was only possible because of Rajiv S Khanna & team (Kalpana, Fran). They have great knowledge and experience in dealing with immigration issues. I am so thankful to them for their great service and I proudly recommend them to all. Rajiv, Kalpana & Fran - YOU ARE THE BEST! Thank you :)