Immigration.com

Search

Recording for April 20, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident

Recording for October 19, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQ‘s:

  • EB-2 vs. EB-3 visa filing: Pros, cons, and priority date considerations || What is a 212(a)(6)(c)(1) refusal of visa?

Others:

EB2 approval after EB3 on the same labor certification

15 years ago By Rajiv S. Khanna

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.

Team Notes
Menka

Green Card

USCIS Memo on Evaluation of Evidence Submitted with Certain I-140 Petitions

14 years ago By Editor

This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for:

Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA);

Outstanding Professors or Researchers under section 203(b)(1)(B) INA; and

Aliens of Exceptional Ability under section 203(b)(2) INA.

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Benefits of National Interest Waiver

1 year ago By Chief Editor
Question details

Two general questions,

1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?

2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?

 

FAQ Transcript

While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you.  For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship.  Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.

 

Law Offices of Rajiv S. Khanna, PC



5225 Wilson Blvd, Arlington, VA 22205

110 W. Johnson St, Suite 213, Staunton, VA 24401

Ph: (202) 909-1110

Copyright ©1993-2025, Law Offices of Rajiv S. Khanna, PC. All rights reserved.

IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.