Rajiv's Comments in the News - US’ OPT programme for int’l students challenged in court
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.
USCIS recently updated the following form:
Form G-325A, Biographic Information (for Deferred Action)
10/25/2023 10:21 AM EDT
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."
Release Date
As of Aug. 21, 2023, the Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.
The Biden Administration's Executive order regulating AI (and STEM immigration). Rajiv in conversation with Yudi. #immigration #AI #executiveorder
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Number 84
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during December 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
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed with Form I-140, Immigrant Petition for Alien Workers, from the service centers to the USCIS lockbox on Nov. 13.
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Processing Queue | Priority Date |
---|---|
Analyst Review | December 2022 |
Audit Review | July 2022 |
Reconsideration Request to the CO | January 2023 |
Effective immediately, USCIS is updating guidance in the USCIS Policy Manual (PDF, 343.18 KB) for adjudicating Special Immigrant Juvenile (SIJ) petitions. This update will make the SIJ adjudication process more efficient for some applicants.
Nov 9, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ’s:
Other:
USCIS recently updated the following form:
Form I-601A, Application for Provisional Unlawful Presence Waiver
08/31/2021 03:09 PM EDT
Edition Date: 08/31/21 E. USCIS will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Release Date
USCIS’ Tampa Asylum Office is moving to a new location. Effective Dec. 11, 2023, the new address will be:
3924 Coconut Palm Drive
Tampa, Florida 33619
The current location will close to the public on Nov. 29, and the new location will open to the public on Dec. 11. USCIS will begin accepting mail at the new location on Nov. 29. However, the Tampa Asylum Office will not have walk-in hours until Dec. 13.
I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?
If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.
Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.
My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.
If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.