PERM Processing Times (as of 5/31/2019)
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Rajiv S Khanna, Managing Attorney at Immigraiton.com told TOI: “Changes like imposing per country limits on H-1B visas will most likely require a legislative mandate, which can only be secured through amendment of laws passed by both Houses of the Congress (US Parliament). It is highly unlikely that a provision like this will make it through the Democrat-controlled House of Representatives. Neither visa extensions nor new H-1B visas can be affected in such a profound manner through an executive order or action without legislative mandate.
Discussion Topics, Thursday, 20 June 2019:
FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.
Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.
Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?
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.
WASHINGTON— USCIS is announcing the expansion of its digital Freedom of Information Act (FOIA) Immigration Records System (FIRST). FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally. This process will save time, improve efficiency, and reduce potential errors that can occur with manually handling paper.
USCIS announced today it will automatically extend parole, and employment authorization if applicable, for certain residents of the Commonwealth of the Northern Mariana Islands (CNMI).
Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
“A bill that proposes to take away over a quarter of a million temporary positions, primarily in STEM, makes little sense in an economy that has less than 4% unemployment,” says Rajiv S Khanna, managing attorney at immigration law company Immigration.com.
For more on this news please read the attached file.
I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.
FAQ Transcript
1. No, not if you are maintaining status.
2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...
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 on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.
I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
Sure. I don't see any problem for you, the employer should watch out for themselves.
Processing Queue | Priority Date |
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Analyst Review | June 2022 |
Audit Review | March 2022 |
Reconsideration Request to the CO | July 2022 |
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Release Date
U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizen entrepreneurs to work in the United States. This guide also highlights some of the most important immigration-related considerations for entrepreneurs contemplating starting or managing a business in the United States.
New pages:
Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?
Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?
It can be done, but H-1B is not complicated that's absolutely straightforward.
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
Hello, Let me start with my question: Is it possible to port priority date from an existing employer sponsored EB2 petition to a new EB2 NIW petition ? I am an Indian citizen with a masters degree in Electrical Engineering from Univ. of Maryland College Park. I have a pending EB2 petition (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Please advise. Thank You Mathew
Yes. You can port the PD.
Release Date
U.S. Citizenship and Immigration Services issued policy guidance (PDF, 313.21 KB) on how USCIs analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.
Beginning March 15, USCIS is removing the biometrics submission requirement and $85 fee requirement for petitioners filing Form I-526E, Immigrant Petition by Regional Center Investor. Petitioners no longer need to submit the fee for biometrics services with their Form I-526E.
I wanted to say thank you Law Offices of Rajiv S. Khanna, P.C. for helping us with EB1A based immigration. The professionalism, constant guidance, and experience in dealing with attorney Rajiv and senior paralegal Diane is just commendable. Based on our experience, Rajiv is an expert in US immigration and his fact-based insights are very helpful to make informed decision.
1. The best part is that the initial assessment is FREE of charge unlike many law firms. This will help any one to take a decision based on his initial consultation. 2. Once Attorney Rajiv ji advises to move forward, he will spend enough time along with Diane to gather, conduct in depth analysis, validates against the criteria of USCIS and provide honest advice in the interest of time and cost involved. 3. Diane has drafted the petition amazingly with minute details and corresponding evidence, honestly, we were very impressed with the detailed work.
Thank you so much for your constant guidance, professional updates to the petition and continued support through out the I-140 process.