Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.
Discussion Topics, Thursday, June 10, 2021:
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, July 22, 2021:
U.S. citizens (USC) and Lawful Permanent Residents (LPRs) may file immigrant visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Sadly, certain cases exist where U.S. citizens and LPRs misuse their control of this process to abuse their family members. Consequently, most battered immigrants are fearful to report the abuse to the police or other authorities out of fear of losing their immigration benefits.
My employer applied PERM (in 6th year) in October 2011 EB-2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents. I am already in 6th yr and my H-1 get expired by May 22, 2012 is it possible to go for H-1 extension beyond 6th year while PERM is still in Audit status.
You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.
What can happen to the US citizen if a spousal abuse case is filed by an illegal immigrant?
The abusing spouse can go to prison.
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?
All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
The Atlanta NPC Team will implement the following plan to induct applications filed into Audit Review and tag cases for possible Supervised Recruitment. This version of the plan has identified 8 criterions that specify types of cases that will be targeted for Audit Review and tagged for possible Supervised Recruitment.
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I - 360, Petition for Amerasian, Widow(er) or Special Immigrant , filed by a self - petitioning adopted child, when the adopted child has been battered or abused.
Please click on the attachment to read more.
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
<br>
2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
Please check the attached document to read USCIS memo on timeframe to respond to RFEs on provisional unlawful presence waiver requests.
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
Recently, DOL has begun to issue audits with the following language: “The foreign worker listed on the ETA 9089 resides in [residence location], section H of the 9089 provides [work location] as the worksite. Has DOL explained how the foreign worker performs the job duties of the job opportunity given the distance between [residence location] and [work location].Is the employee permitted and/or expected to perform the duties of the job opportunity listed on ETA 9089 from his residence and/or his place of choosing?” In many cases, the two locations are quite close and are clearly within a normal commuting distance (e.g. Atlanta and Marietta,
Georgia – distance approximately 20 miles; Palisades Park and Parsippany, New Jersey – distance approximately 30 miles). In one case, the work and residence locations were less than two miles apart. Has DOL considered conducting an initial review of the distance between the residence location and work location before issuing the audit?
DOL indicates that this kind of question on an audit where the work location and residence location are close together is likely a training issue. DOL does, however, believe that it is appropriate to inquire about this kind of issue where it is unclear why the residential address and the work address are far apart from one another, and does issue audits on that basis where appropriate.
I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?
Video Transcript
I would prefer you to get a non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. If it is too cumbersome you could try to set up the reciprocity table as evidence if such documents are not available. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.
There is no specific format for a non-availability certificate from the local administration. It can be a letter with the official stamp, a letter on their letterhead, or a specific form that the local administrations have created for their own use. You should get one.
One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?
You could send in a request to the USCIS for correction of the typographical error by taking a screenshot. Attach it with the rest of the documents and now you have enough proof to show who you are. Also, typographical error depends upon who made the error and in which context it's being raised. Sometimes it is just an easy fix and complicated at times. Let your lawyers help you with that decision in this case. I think if you have a screenshot of a requested correction you should be fine.
I am very much impressed with the professionalism of two of Mr Khanna's staffers. Shivane and Prerna were very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I would certainly recommend this firm to others. Keep up the good work.