Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I entered US on Jan 2011 on F-1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H-1B start date:Oct 2012. H-1B till: Oct 2017). My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.<br>
My Questions are<br>
1. Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why can’t you work from India?” The organization I am working for has offices in India.<br>
2. Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?<br>
3. I am married. Would you suggest going alone to India for Visa stamping and in case of rejection comeback on H-4 or will it be good to go as a family. My husband is also on H-1B
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,
Point system - how it will affect those who are already waiting for Green Card.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.
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.
Please see the attached memorandum released by the USCIS on Dec 10,09.
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that:
CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings."
Please check attachment for detailed information.
If a person comes to United States with a K1 visa and the petitioner didn't marry him or her what happens to the beneficiary? Especially if the beneficiary is a victim of domestic violence and there is a minor child in between? Is there any change in the law that could benefit the victim?
Such person would be deportable unless they come under Violence Against Women Act (VAWA) or similar provisions.
U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?
I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.
You could look into a fiancee visa (K-1). It can take a few months.
It has hardly been a couple of weeks we started working with Mr. Khanna & his closely knitted team. We already got the confidence that we are shielded with strong support and great care! What else does a client need! Thanks to the team!
Mr. Rajiv Khanna is the best immigration lawyer that I have ever worked with. He has dealt with in a kind, compassionate, and professional way the numerous queries I asked him. His advise to me was invaluable and I strongly recommend him to any one who has an immigration issue. K.R.Shankaran Brandon
I applied for a fiance visa and it has been approved but now sent to the NVC center to be processed, what are the next steps and do I need my fiance to get his passport and medical done now or should I wait for instructions? At this point I do not know what to do.
Wait for instructions from the NVC and then the consulate.
I want to apply for a K 1 visa for my fiance and her 10 year old child. What is the waiting period for this visa type, and what can I do to expedite the process.
The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks. As to expedite, check with USCIS customer service if they have any recommendations.
Links to useful resources for Visa processing times and status checks.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.