Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
Search
EB-2 NIW I-140 portability for employer-sponsored cases
Question details
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
FAQ Transcript
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Rising NIW rejection rates: Examining changes in eligibility criteria
Question details
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
FAQ Transcript
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.
Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025
Nonimmigrant Visas
Immigration Law
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
CP interview in Delhi (India) - tips and recommendations
CP interview in Delhi (India) - tips and recommendations
went for my CP interview in Delhi and am writing my recommendations here. These were written for Delhi specifically, but general principles are same for all places. Add ur suggestions to make it complete.
going for CP interview involves:
1. Pre-travel arrangements
2. travel from US to India
3. Pre-interview work (on landing in India)
4. Interview
5. Post interview/travel back to US/port of entry
1. Pre-travel arrangements:
Green Card
Consular processing Interview at Montreal
Hi, I would like to share my experience of our interview in US consular in Montreal. Our appointment was schedule on June 20th 2011 at 8h30am. We arrived at the US consular at 8h00am and we got our interview only at 11h00am as there was a lot of peoples waiting in front of us. The interview went well. The typical questions are: How long have you been working? When did you apply for the visa? Confirmed the country of birth? How long have you been leaving in Canada? Confirmed your current address?
Green Card
Consular Proceesing Interview in Canada
My wife recently had her interview on June 6. the process was pain free except for one minor issue. she had become canadian citizen few days before and didnt have her canadian passport on her at the time of interview. Verbally the visa was approved but on the sheet handed to us, it said visa rejected due to Canadian Passport. We mailed the passport to the consulate the very next day and it was received by the consulate the next day. We are still awaiting a reply from the consulate and have been unable to contact the consulate via phone/email.
Green Card
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
Can I delay using an H-1B visa to utilize the STEM extension period?
Question details
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
FAQ Transcript
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
Green Card Through Consular processing
My I-140 was filed in February 2004. The National Visa Centre, in its letter dated 24th June 2010, informed that they had completed processing of my petition seeking immigration to the USA and had forwarded it to the American Embassy/Consulate at New Delhi. I was informed that an immigrant visa interview had been scheduled at the US Consulate, New Delhi on the 9th of August, 2010 at 10.45 am.
Green Card
NIW I-140 approved, I-485 denied because of change in role - Priority date retention, refiling, and porting
Question details
My NIW I-140 was approved based on a job, but later, my NIW I-485 was denied because I was not working in a similar role.
My question is:
1. Does the denial of the NIW I-485 rescind the priority date that I got with the NIW I140 filing/approval?
2. In the future, if I am working in a similar role, can I re-file this NIW I-485?
3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based, etc.?
FAQ Transcript
An NIW I-140 approval does not lose its priority date even if the I-485 is denied due to a change in role. You can likely refile the I-485 if working in a similar role in the future, and you can likely use the NIW I-140 priority date in other adjustment of status cases.
EB-2-NIW–Physician in Medically Underserved Area
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
Green Card
Rajiv's Comments in the News - Indian parents face uncertainty over US citizenship for newborns
Published by: The Economic Times - May 27, 2025
https://economictimes.indiatimes.com/nri/migrate/indian-parents-face-un…
Quotes and Excerpts from Rajiv in the article:
Recording for June 26, 2025 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact
USCIS Updating Policy to Protect Women’s Sports
Release Date
08/04/2025
Policy enhancements aim to prevent aliens who are males from being authorized to participate in women’s sports in the United States
EB-2-NIW–Physician in MUA
We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.
Green Card
Guestbook Entry for Raja R. Iyengar, United States
Name
Raja R. Iyengar
Country
United States
State
Virginia
Radio Show, 2013, September 27
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Green Card
Employment-Based (EB) Green Card
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.
Guestbook Entry for Carine Ghoussoub, Canada
Name
Carine Ghoussoub
Country
Canada
State
Ontario
Chennai Medical Experience
I got my medicals done in Chennai in early November, thought I would post my experience while it is still fresh in my memory.Note that I am not a Chennai resident - I reached Chennai at 6AM on the test day, and had booked my return the same night. I wanted to finish both the lab and the checkup the same day.
A)Procedure at Lister
Green Card
Consular Processing Experience
State
CA
Email
user4567@mailinator.com
Interview Date: Feb 2009
Consulate: Chennai, India
Jan 28, 2009: Called panel doctor Vijayalakshmi and fixed an appointment for Jan 31st, 11 AM.
30th Jan 2009:
Reached Lister Labs at 6:30 AM and no one was there. Security opened the gate and gave us the first token. We were out by 8:30 AM. Collected Sealed envelope at 4:30 PM. X-Ray, blood test cost: Rs 810.
31st Jan 2009:
Green Card
Mumbai Sep 24th CP Interview Experience
At last it is over - the wait and agony of many years!
First, I want to thank this spectacular group and everyone who have shared their views and ideas... this forum has been a great asset for everyone appearing for CP.
Last stage of my Green Card experience went through a tough ride and we saw a lots of tipsy turvy roads.
Here is my journey of the GC:
Mar 2003 - Applied for labour.
May 2006 - Applied for I-140.
June 2006 - I-140 got approved.
November 2006 - Applied for CP