On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).
Filing location for concurrently-filed I-140/I-485 petitions
USCIS notes from the stakeholder meeting on religious workers, providing an outline of changes resulting from the Religious Worker Final Rule that was published on 11/26/08.
Please check the attachment.
I can't begin to tell you how excited I am! Today we are finalizing the details so we can move Pastor Immer and his family into their home! It is the dream of a lifetime for him and his family! I can't begin to thank you enough for your quality work with us during this process. Fran and Anna have been absolutely wonderful! Patient with the many requests and many phone calls. Kind in the treatment of me in the process! :). Extremely thorough and obviously exceptionally professional and knowledgeable! We are thrilled and recommend your offices to others!
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
USCIS advises its customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the non-minister special immigrant religious worker program through Sept. 29, 2009. The program had expired on March 6, 2009.
USCIS announced that individuals with a pending Form I-360 religious worker petition with USCIS, may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009). To see the USCIS notice and the court issued notice in Ruiz-Diaz v. US, No. C07-1881RSL, see attachment.
FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT
OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||
The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?
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 found working with Mr. Khanna and his team to be a pleasant experience. I changed my status from F1 to a Religious worker visa. I was very anxious during this process but I was at peace knowing that the people who were helping me through this process were able and competent professionals. Mr. Khanna was every personable and was eager to clarify all my questions. Also, Mr. Khanna contacted my employer on several occasions in order to explain the legalities involved in filing for the Religious worker visa, for this was the first time my employer had hired a foreign national. I would also like to express my thanks and appreciation to Ms. Anna Baker, who was my primary contact at the Law Offices of Rajiv Khanna.
U.S. Citizenship and Immigration Services (USCIS) announced that, effective today, it will resume Premium Processing Service for nonimmigrant religious worker petitions filed by certain R-1 petitioners. Only those petitioners who have successfully passed an on-site inspection are eligible to file under Premium Processing Service.
U.S. Citizenship and Immigration Services (USCIS) announced today the manner in which petitioners for religious workers must notify USCIS regarding their employment of nonimmigrant religious workers in R-1 status. The procedures are necessary to enable petitioners to comply with the notification requirements established by USCIS regulations governing the R-1 nonimmigrant classification.
U.S. Citizenship and Immigration Services (USCIS) reminds special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009. Special immigrant religious workers who wish to file a Form I-360 petition with an I-485 application should also file on or before Aug. 31, 2009.
The R-1 Visa is available to those who wish to come to the United States solely as a minister or to perform a religious vocation or occupation, in either a professional or nonprofessional capacity, for a period not to exceed five (5) years.
In order to be approved for temporary admission, or extension and maintenance of status, one must meet the following requirements:
I can only recommend working with Rajiv's law offices. Rajiv himself and his teammates (Kalpana in our case) have been professional, efficient, smart and reliable.
We started to work with Rajiv to apply for a cap H1B in March 2016. Our file was excellent and we have been selected. Our petition, to our and Rajiv's immense surprise, has been denied without any relevant arguments from the immigration agent. Rajiv gave us precious advices, he was confident that we would win with an appeal. Rajiv built our appeal file, and later our RFE answer. We contacted Rajiv and Kalpana many times in the process; they always came back to us promptly and proposed call appointments in the next 2-4 business days. They were very well organized and precise in their answers. Our appeal has been sustained.
I was finally able to get the H1B visa. I know Rajiv and Kalpana are a big part of our success. I am very grateful for their work.
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]
[Page 51236-51237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc09-4]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 6779]
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations
AGENCY: State Department.
ACTION: Final rule.
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
Please check the attachment to read memo.
I am very greatfull to Rajiv Ji and his team for immediately responding to my request for help when I needed it in my immigration problems and queries, on calling Rajiv Ji's office the staff was very co-operative and scheduled a phone appointment with Rajiv Ji at the earliest since the time I had called and Rajiv Ji spoke to me the next day and answered all my queries without charging for it. which is the biggest help I could get. Words are not enough to Thank him for all the help he gives to people in need in his busy schedule at his position. Only Rajiv Ji can handle to help people and carry on his office with his profession in such a efficient way. He is the most kind and helping Immigration Attorney I know of in the USA. My prayers and best wishes go with him for God to shower his choicest blessings on him and his profession to flourish. THANK YOU RAJIV JI............:) YOU are like the light in the tunnel for Immigrants like me here in this foreign land.
We have obtained several R-1 visas. One case that presented an interesting challenge was where the applicant performed secular, administrative duties. CIS believed that an R visa was not appropriate. We were able to show facts and law that convinced the USCIS to issue the visa.
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
If USCIS conducts an on-site inspection as a condition of approving an R-1 Visa application, what will this involve?
The on-site inspection may include the following:
1. A tour of the organization’s facilities and, if appropriate, the organization’s headquarters or satellite location;
2. An interview with the organization’s officials;
3. A review of the organization’s records related to compliance with immigration laws and regulations; and
I really appreciate Mr. Rajiv, Kalpana, and their team for their work. They handled my case with utmost care and very professionally and did regular follow up with USCIS for the case status. They were always there to answer my questions and clarified them with almost details. I would highly recommend them if you have any immigration issues.