Recording for June 29, 2023 Conference Call with Rajiv S. Khanna
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FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from our California Service Center to our Texas Service Center. We anticipated that this redistribution of work would result in more timely adjudication of these petitions. Due to a number of unforeseen circumstances at our Texas Service Center, many of these cases have not been processed and are beyond our estimated processing times. We sincerely regret any inconvenience this may have caused you and we are making every effort to remedy this situation as soon as possible.
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question. We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs.
We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.
Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
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?
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.
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S.
I am a US citizen. I am planning to file an I-130 in January 2025 for my mom, who is currently residing in India. She plans to visit us in July 2025 (on her visitor visa, valid until Feb 2026). Can she travel to the US while the I-130 has been filed and is pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing the I-130 until after her US visit next year, but I fear the process may slow down under the new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.
If you are filing an I-130 for your parent, they can generally travel to the U.S. on a visitor visa while the petition is pending. Theoretically, they could face issues at entry due to the pending green card application, but in practice, parents of U.S. citizens are rarely stopped for this reason.
To reduce the risk of being denied entry, consider having your parent use an immigration pre-clearance airport, like Abu Dhabi or Dublin, so they can return home easily if denied. While past practices suggest minimal issues, policies could change, especially under unpredictable administrations.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Improved Process for Petitioners Abroad will Increase Efficiency and Flexibility
Our client received an approved I-140 for EB-2, but, with the priority dates at a standstill, opted to file under EB-1 as well. She had three Ph.D.’s in Marketing and Management. We provided documentary evidence to show her unique specialty in the social sciences. This applicant had some significant publications but not as many of some other scientists. However, we were able to prove that, with social scientists, the data collection process takes substantially more time and, therefore, the volume of publications would not be the same as a hard scientist. We wer