Rajiv's Comments in the News
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Feb 08, 2020 |
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Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv - Can you change your profession after getting a Green Card?
Published by: The Economic Times: September 04, 2022
Question: Can I change my profession after getting a Green Card? I received my GC in EB2 as an Accountant. Now, I see the salaries in the software/IT sector to be much higher.
Answer: Sure, you can change your profession as long as you did not have a pre-conceived intention to do so before you got your green card. I cannot say that there is any particular time frame attached to it.
Recording of September 01, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Discussion Topics:
FAQ: What is the meaning of a US “visa canceled without prejudice”? || I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140? || What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S? || H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?
USCIS Released Revised Editions of Forms I-589 and I-765
Release Date: 09/07/2022
U.S. Citizenship and Immigration Services released revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, dated 07/26/22.
Visa Bulletin For October 2022
Number 70
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during October 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.
Agency
Green Card
Immigration Law
Fiscal Year 2023 Employment-Based Adjustment of Status FAQs USCIS
Fiscal Year 2023 Employment-Based Adjustment of Status FAQs from USCIS
The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.
PERM Processing Times (as of 8/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | January 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | April 2022 |
Agency
Green Card
Immigration Law
USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions
Release Date
09/15/2022
U.S. Citizenship and Immigration Services is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
Recording of Sept 15, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
DHS Publishes Final Rule to Restore Asylum Regulations Consistent with Asylumworks Vacatur
Release Date
09/21/2022
The Department of Homeland Security (DHS) today announced publication of a final rule consistent with the vacatur of the U.S. District Court for the District of Columbia in Asylumworks et al. v. Mayorkas et al. This final rule is effective starting Feb. 7, 2022.
USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Release Date
09/28/2022
Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 12-month extension of the validity of a Green Card.
Extension of Temporary Waiver of 60-Day Rule for Civil Surgeon Signatures on Form I-693
Release Date
09/29/2022
U.S. Citizenship and Immigration Services is extending the temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an individual applies for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status).
Office Closed for Christmas Break
Our offices will be closed for Christmas break from December 25, 2024 through January 1, 2025. The offices will reopen on Thursday, January 2, 2025. If you are a client, in case of an urgent matter, please leave a message at (202)909-1110. Our team will also regularly check their own emails and messages. If you need to speak with someone urgently, please leave a message and you will hear back from them.
PERM Processing Times (as of 11/30/2019)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |
Green Card
Immigration Law
Changing Employers Before 180 days of I-485 Pendency
One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.
Visa Bulletin - February 2020
Number 38
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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.
Green Card
USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs
U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.
USCIS Final FY 2019 Statistics Available
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) final fiscal year (FY) 2019 agency statistics are now available online. These statistics include naturalizations, green cards, employment authorizations and protected populations, among other categories.
USCIS Forms Update Notice
recently updated the following USCIS form(s):
Update to Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; New Edition Dated 11/08/19.
For more information, please visit Forms Updates page.
AAO Processing Times (October - December 2019)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative of all completions | 49.70% | 1827 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 3 |
| I-129E2 | CNMI Treaty Investor | 100% | 4 |
| I-129F | Petition for Fiancée | 62.22% | 45 |
| I-129H1B |
Agency
Immigration Law
Treaty Termination Ends Certain Visa Eligibility for Iranian Nationals
USCIS today announced (PDF) that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty.
Rajiv's News Clips - US court sets aside plea, IT service companies will need to file more evidence when hiring H-1Bs
Published by : The Times Of India - Date: January 23, 2020
Quotes and Excerpts from Rajiv on the article:
Arlington based, Rajiv S. Khanna, Managing Attorney at Immigration.com views that the policy memo threatens not just a few H-1B cases but the very existence of several IT service and consulting companies, because of the atmosphere of high uncertainty of approval of H1B applications.
Jan 23, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Substantial transcription for video
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
PERM Processing Times (as of 12/31/2019)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |