USCIS recently updated the following USCIS form(s):
Discussion Topics, Thursday, 3 November 2016:
FAQ: Impact on H-1 if converting to H-4 EAD; FAQ: TN work for multiple employers; Legal name change process in the USA.
Other: I-751 - removal proceedings NTA; Premium H-1 extension while H-1 amendment is pending; TN working concurrently on two jobs; TN applying for H-1, quota exemption; Impact on green card, I-140 if changing employers; Date of birth errors; F-1 reinstatement and H-1 pending at the same time; Change of status to TN; CSPA for consular processing; Priority date transfer; EB-2 PERM filing; L-1 stock ownership; Receiving bonus checks from end clients while working through H-1 employer; Refiling PERM if job has changed; Going to school if a green card is pending, etc.
In July, the Nebraska Service Center (NSC) will begin processing cases involving Form I-918, Petition for U Nonimmigrant Status. Sharing this workload with the Vermont Service Center (VSC) will balance workloads between centers and provide flexibility as USCIS works towards improving processing times, efficiency and customer service to this victim population.
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
Topics Discussed, Thursday, 17 December 2015:
FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;
Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.
I am Canadian citizen and got job offer in USA and going to work on TN visa. They are going to employ me as an independent contractor and are going pay using 1099. Can TN workers work as an independent contractor? Is this something valid and can I accept this one?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/Gl2WiBEALtk?t=68
FAQ Transcript:
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009.
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.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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.
Discussion Topics
FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||
Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
E Visa company registrations - It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation.
Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:
U.S. Citizenship and Immigration Services (USCIS) announced the intent to end U nonimmigrant interim relief program. The U nonimmigrant interim relief program was created to allow certain crime victims to receive temporary benefits until the regulations governing U visas were published.
My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an EAD along with the I-485? What is the best approach?
Do not be alarmed. If you are a US citizen, there should be no issues.
The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes
Release Date
U.S. Citizenship and Immigration Services today announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman
Mr. Khanna and his staff is fabulous and extremely accountable! I recently had one on one conference call with Mr. Khanna and his assistant Rena and I was so much impressed with Mr. Khanna professonalism and knowledge. If I have to recommend any lawyer in future to any person; Mr. Khanna and his staff will be my first choice. God Bless Mr. Khanna and Team! Muhammed Nadeem Ibrahim
I had an opportunity to contact Mr. Rajiv Khanna regarding my TN visa extension and how to proceed , as I was little confused and what could be the most appropriate way and how to move forward with. Talking to Rajiv really made it very simple how to move and get it done , Rajiv is very experienced and very caring towards his clients has brings out lot of confidence , I am sure that pursuing my TN visa extension through Rajiv will be fine and successful.