Today, Acting USCIS Director Ken Cuccinelli issued the following statement regarding a policy update Defining “Residence” in Statutory Provisions Related to Citizenship.
U.S. Citizenship and Immigration Services (USCIS) issues policy guidance on “residence” requirements for acquiring citizenship
Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said, “Rate of denials have gone up across the board in all legal immigration cases, especially (relating to) H-1B visas. The government has created an environment where the responses for the RFEs have increased from 30-50 pages to 600-1,000 pages for an H-1B case. It has increased its own burden of processing cases and that’s why cases are taking much longer to process than they used to.”
“A STEM-OPT employer must not assign, or otherwise delegate its training responsibilities to a non-employer third party such as the client’s employees,” explains Rajiv Khanna, Managing Attorney at Immigration.com
Number 79
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during July 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.
Release Date
USCIS has updated the Lockbox Filing Location Updates page on the website to now include service center filing location updates as well: Lockbox and Service Center Filing Location Updates. You can now keep track of filing location changes between the lockboxes or service centers on this page.
Discussion Topics, June 1, 2023
Release Date
U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
Release Date
U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | August 2022 |
Discussion Topics:
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
I had a great experience dealing with Rajiv Khanna ji's office. My US EB1A petition received amazing support. Being proactive and meticulous, Diane in his office is a terrific expert to deal with. I-140 approval went through a smooth process from start to finish. Rajiv ji's accessibility made sure I could make the proper choices when I needed to. Although at first I thought Rajiv ji was being unreasonable in asking that I gather and submit all the documents for the petition, I came to see that his demands were there to ensure my success. Rajiv ji's office is unquestionably the best place to go if you want to meet your US Visa milestones on schedule. I'm grateful to you, thank you Rajiv Ji.
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.
Rajiv and Diane are the best immigration lawyers I've worked with in my 12 years in the US, across the several firms I've worked with over the years. I worked with them on my O-1 visa. Processing timeline delays with my PERM application nearly threatened my work authorization in the US. Rajiv and Diane worked on a tight timeline expeditiously not only to get my O-1 visa approved but also to get my green card approved, all within 6 months. This is the fastest timeline I have seen - they are a great team!