Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
U.S. Citizenship and Immigration Services (USCIS) announced a series of enhancements to make its website and online products easier to use on mobile devices.
Visitors will find uscis.gov and the Spanish site uscis.gov/es easier to read and use because the content now automatically adjusts to fit the screen of a smartphone, tablet, laptop or desktop computer.
The employment-based fourth preference (EB-4) visa limits have been reached for fiscal year 2016 for special immigrants
USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in USCIS's computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions.
USCIS posted an updated edition of Form I-912, Request for Fee Waiver. The new edition is dated 04/25/16.
Mr. Khanna and all your team did an excellent job in responding to RFE. Diane was very professional in asking and responding to all inquires. She helped prepare and answer all questions. You got a great team. We'll be sending many more cases
On May 9, USCIS launched a pilot study that offers customers optional checklists to assist in the submission of form packages. The checklists are designed to help customers easily identify what documents they need to include when they initially file an application or petition, and to remind them of the important items needed to complete the form, such as including a signature.
USCIS and the U.S. Department of State (DOS) announced the launch of USCIS/DOS e-Approval for Form I-129, Petition for a Nonimmigrant Worker, for the H-2A (temporary agricultural worker) classification. Beginning Wednesday, May 11, 2016, this new electronic process will allow USCIS to send approval information for H-2A petitions to DOS by the end of the next business day.
Beginning June 8, 2016, U.S. Citizenship and Immigration Services (USCIS) will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions an opportunity to receive a discretionary grant of parole on a case-by-case basis, so that they may come to the United States as they wait for their immigrant visa to become available.
Hi Mr Khanna ,
I am highly thankful to you to take my father's case of B-2 visa extension which is just got approved. I appreciate your business. You team is excellent and very helpful. I got all my queries answered timely and a very good manner. Now I will be in touch with you for further extensions and any other case. Also, I will suggest your name for my near and dear.
Thanks again Regards Deepak Kumar Gupta
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
Mr Rajiv Khanna and his staff are the best!! I had my green card filed through them in 2001 and their response to all my queries was always prompt and perfect! Lately, I am hiring their services for filing H1B for my newly formed company and as usual Mr Rajiv Khanna has taken personal interest and devoted his time in understanding our situation and recommending the best options. His staff is always forthcoming in helping us meet the timelines and answering our questions promptly. So much appreciated and what a pleasant experience! No wonder our first H1B was filed through him and recently was selected in the lottery. We look forward to additional Visa sponsorships from him. Awesome work, Mr Khanna! You are an inspiration for everyone. My best wishes to you and your staff!! Shashi Prakash CEO, Net Serpents www.netserpents.com www.hadoopexpress.com
Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua (and those without nationality who last habitually resided in Nicaragua) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is 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.
It has been a great working with Mr. Khanna and his team, especially Miss Diane. Visa and Green Card processes sometimes are very laborious and tedious too, especially if you have a very long wait time for the approval of your case or RFE. Both Mr. Khanna and Miss Diane answered all the queries I had very patiently, guided me and my wife properly throughout the immigration process. They thoroughly studied my case scenario and provided very honest and practical solution. They always got back to me in timely manner whenever I had any doubt or question. I strongly recommend Mr. Khanna's law firm for resolving any visa or immigration issues you may have!