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).
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
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
Yet again, great advice and counsel from Mr Rajiv Khanna, P.C. He is more than an attorney. He comes across as a deeply concerned and compassionate human beling eager to listen to one's situation/s and (immigration)circumstances. He's provided me plenty of legal ammunition and warewithal to resolve my son's immigration quandary. I am eagerly looking forward to paying him a courtesy call to express my profound thanks and gratitude. I hold him in high esteem for his eminence and knowledge of the US immigration laws and system.
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.
My I-94 expired on Dec 13th last year. Company filed for extension but RFE....now i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ? Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?
Watch the Video on this FAQ: H-1B or other status denied - what is my status?
Video Transcript
Basic Concepts to be in Status
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:
[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.
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.
I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy's and Rajivji's. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji's firm at that very moment. I omitted the options of retaining my employer's corporate firm and Murthy's firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs.
I want to convey my special thanks to Rajiv's attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm. I would highly recommend Rajiv's firm to anybody for complicated case like this.