Topics for Discussion:
FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?
Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.
The Department of State’s Visa Bulletin for May 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras.
Topics for Discussion, Thursday, 21 April 2016:
FAQ: Is H-4 Visa needed after H-4 EAD approval; H-1 cap exempt working concurrently for H-1 cap employer; Safe time to change jobs after I-140 approval; PERM-based green card through relative-owned company; What to do if company is under visa fraud investigation, indictment, conviction.
Other: L-1B expiring, options to stay and work in the USA; Form N-600 child born outside the USA to a US citizen parent; H-1 quota exemption if visa is not stamped; H-4 EAD gap in EAD; Attorney negligence in H-1 filing; H-1 approval for projects where duration is 6 months and only vendor letter is available – no end client letter; CAP Gap extension; Priority date transfer problem – delays; Police clearance from the USA; Unlawful presence under H-1B; Renewing green card; L-1A options to stay in the USA after 7 years; Applying for naturalization – several visits outside the USA – residency requirement; H-1B unlawful presence; Bounced check USCIS fees problems; etc.
The employment-based fourth preference (EB-4) visa limits have been reached for fiscal year 2016 for special immigrants
The Analyst Review and Audit dates posted on iCERT reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. The Reconsideration Request to the CO dates posted on iCERT reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed.
On May 9, USCIS launched a pilot study that offers customers optional checklists to assist in the submission of form packages. The checklists are designed to help customers easily identify what documents they need to include when they initially file an application or petition, and to remind them of the important items needed to complete the form, such as including a signature.
PERM Processing Times (as of 10/31/2017)
PERM Processing Times (as of 11/30/2017)
PERM Processing Times (as of 12/31/2017)
Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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.
Processing Queue | Priority Dates |
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Discussion Topics, Thursday, 15 June 2017:
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FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||
Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.
On 10-Mar-2017 I completed my 5th year on H-1B visa. I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.In the meantime, my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.
Watch Video on this FAQ: Effect of revocation of PERM on an already approved H-1 extension
Video Transcript
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.
PERM Processing Times (as of 6/30/2017)
PERM Processing Times (as of 09/30/2018)
PERM Processing Times (as of 11/30/2018)
It’s a pleasure and an honor to recommend Mr. Rajiv Khanna and his Law Offices. I am writing to express my deep gratitude for RajivJi’s guidance over the past 1.5 years starting with PERM audit, supervised recruitment and through I-140 RFE and right to the I-140 approval. In all the conversations with him, he has always given me honest, straightforward assessments, and creative suggestions, which in turn gave me immense confidence even when situations looked gloomy. He backed this case right from day 1, possibly more than how much I backed myself on it.
I strongly believe, RajivJi’s intellectual brilliance and creativity coupled with his decisiveness at various critical junctures through the tough phases were the most significant keys to success in my case. I have firm conviction, that RajivJi’s immigration law expertise is second to none in the country.
I tip my hat to you!
Over the last 5 years, I worked closely with his some of his folks. This is a big shout out to VijayJi, Bharathi, Kunal, Suman and Kalpana.
Vijay Ji, I can’t thank you enough for zillions of hours you spent on going through and organizing all the hundreds of resumes received through supervised recruitment. Vijay Ji, you went over and beyond. I specifically remember, when you went to USPS at 8:30PM to send the package on time! Thank you very much.
Kunal, I greatly appreciate your thoroughness and the meticulous planning of I-140 RFE response. In all my interactions with you, you made me feel confident by answering all my questions and spending time with me discussing nitty-grittys of the content.
Bharathi, Thank you so much for pulling things together for multiple RFEs and answering my numerous phone calls and emails patiently.
When I met all of them at their Arlington office, the one thing that struck most to me is that they put a human face to my case and made me feel like a part of their amazing family. Gestures like that is what separates this bunch from any other.
Kudos to you all!
Warm Regards,
SK