Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
I would like to thank and congratulate for great work done by Mr. Khanna and team. My father stays in USA on B2 visa and as per guideline he cannot stay here for more than 6 months in a financial year. My father is having ill health and my mother is no more. I am completely responsible to take care of him. With the help of Mr. Khanna, We applied B2 Visa extension for my father second time and it got approved again. Otherwise, we all would have to go back to India. Peace of mind. I have received the approval notice. I really appreciate friendly and professional behavior of all team member I had interaction with. Whenever I had any query, it was resolved immediately. I strongly recommend Mr. Khanna for all immigration related matters. Thanks Again.
Discussion Topics, Thursday, 22 September 2016:
FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card?
Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse
Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.
U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected.
Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.
Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.
USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:
Discussion Topics, Thursday, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
Discussion Topics, Thursday, 20 October 2016:
FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current; Changing jobs while a quota H-1 is pending; Changing jobs after I-140 approval; Applying for reentry permit; Filing a PERM based green card through a company owned or managed by a relative; Filing green card while on student visa F-1;
Other: How soon can I go for H-1 visa stamping; Does CBP officer at the airport have the right to search belongings, cell phone, etc? Large medical treatment bill; Green card for a nurse; Visitors/Tourist visa reentry; Using experience under PERM as a contractor; EB-1C if I have been in the USA already for three years; Traveling while H-1B amendment is pending; Applying for H-4 EAD; H-1B remainder option; Applying for tourist/visitors visa after having applied for green card; Factors affecting EB-1 green card; H-1 holder leaving USA for medical reasons.
I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?
See clip from Attorney Rajiv S.
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
I would like to share my parents visitor visa experience as it might help others who are in my situation.
They are not educated and doing Agriculture in their own land. They don't speak or understand anything other than TAMIL.
Pre-Process:
I am in US and I directly sent all the documents to a travel agent in Chennai who helped me to file DS-160 and organize documents for my parents.
My parents just prepared a affidavit document for their properties through an attorney and brought property papers along with them when they come for interview to Chennai.
This is about the experience renewing my parents visa.
The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.
For the new FAQs click here.
We obtained an O1 for an applicant who achieved a Master in Bonsai technique. He had apprenticed under one of the premier experts in Japan. We offered letters from field experts praising the applicant's work and noting his extraordinary artistic abilities. We also provided documentation of the applicant's participation as a trade show "featured artist" which is an honor only bestowed on the very best in the field.
Dear Rajiv & Diane, Thank you for taking time to talk with me yesterday. I was trying to make my case an O-1. Rajiv was upfront in letting me know that it was not an O-1 case. Prior to this, I also benefited from his invaluable advice, which he didn't charge anything, to have got a Back Pay for 10 months. Rajiv earned my trust with his honesty, knowledge and generosity. I would recommend him to those who are in need of professional services in immigration. Best regards, Wendy Zhang
I am very delighted to write our journey for O1 visa apporval for me and my wife with Mr. Rajiv ji and his excellent, highly professional and kind team. We approached to Mr. Khanna's law firm through my current employer, the process of writing the petition, collecting the papers and then review, edit and final submission was handled with the highest quality standards and as per the required regulations. We had several phone call discussions with Mr. Khanna, and to my surprise he knew every minute details of the information which was provided to him by us. Frankly speaking this was a truly professional at the same time a kind humanized approach from the team of Mr. Khanna. Special thanks goes to Ms. Diane Lombardo for her unconditional help, support and encouragement. We strongly recommend this firm to be used for any law related assignment. (e.g. visa, green card etc). Time management was excellent, follow up was extremely good. Best Regards, Dr. Manoj Jadhav,PhD, FCP
On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.
The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.
U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.