Guestbook Entry for Surendra Babu, United States
Name
Surendra Babu
Country
United States
State
KS
Search
Guestbook Entry for Harpreet S., United States
Name
Harpreet S.
Country
United States
State
VA
Guestbook Entry for Dr. Jitendra A. Joshi, United States
Name
Dr. Jitendra A. Joshi
Country
United States
State
VA
Guestbook Entry for Rajesh Sonak, United States
Name
Rajesh Sonak
Country
United States
State
FL
Immigration Under Trump, Radio Show 10 November 2016
Nonimmigrant Visas
Substantial transcription for video
Business Immigration, Employmenmt Based Immigration, Student Visas, Pending Cases
USCIS Clarifies Guidance on Initial and Further Deployment of Investment Capital
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program. It addresses the deployment of capital by a new commercial enterprise before jobs have been created. It also further explains the deployment of capital after an immigrant investor meets the program’s job creation requirements.
DHS Proposes Rule to Strengthen Affidavit of Support Process
Release Date 10/01/2020
Proposal enforces long-standing law and protects American taxpayers
Nov 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
Topics Discussed: Green card and other options for parents of US citizens || Porting priority date || L-1A to EB-1 || File new H1b with I 797B || Travel outside US with 485 pending || Downgrading to EB-3 with concurrent filing for I-485
Radio Show with Rajiv S. Khanna - "Recent Regulations by the USCIS and Department of Labor" - Effect on H-1B, Students, US Businesses
Following is an excerpt from a Radio Show with Rajiv S. Khanna:
"I think these regulations will get frozen and I think we will be able to revert to our last year's lottery system and we'll be able to make it through this year but I also think that it's going to be a comprehensive legal immigration reform".
Watch the complete video here:
Rajiv's Comments in the News - Joe Biden to present Citizenship Bill in Senate on Thursday; Indians in Green card queue could benefit
Published by: The Economic Times - Date: February 18, 2021
Quotes and Excerpts from Rajiv in the article:
“The Bill will go through many changes and by the time it gets passed by both Houses it could be totally different. It also needs 10 Republicans to vote in the Senate which is a tall order, so we will have to see how this plays out,” said Rajiv S Khanna, Managing Attorney at immigration.com
For more details please see the attachment below.
Guestbook Entry for satish Jalkote, United States
Name
satish Jalkote
Country
United States
State
New Jersey
Immigration Law in the Workplace
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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Profession/Occupation
Green Card
Immigration Law
EB-1 Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive
Under the various employment based categories, Category I based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines.
An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.
Green Card
SCOPS Updates - 08/24/09
USCIS will go on accepting Employment based Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009 - According to the availability listed in the August 2009 Department of State Visa Bulletin USCIS will go on accepting Employment Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009. However, as of September 1, 2009, the September visa bulletin will control and this category will turn out to be “unavailable”. For more on this please click the recent visa bulletin here.
Employment-Based (EB) Green Card Overview
Immigration through Employment
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
Green Card
USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9 Extended to Aug. 31, 2012
U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
H-1B and I-140: Moving to India & Future Return to the U.S.
Question details
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
FAQ Transcript
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
FAQ Transcript
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
Rajiv S. Khanna Featured on ET Podcast Discussing Trump's 'Gold Card' Immigration Policy
Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.
Guestbook Entry for K. Prabakaran , United States
Name
K. Prabakaran
Country
United States
State
Arizona