Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.
You can view the information on:
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
We won this case for an applicant with over thirteen years research and teaching experience. His extraordinary talents and unique background as well as his vast knowledge in econometrics was shown by use of over six detailed recommendation letters. This applicant had an extensive publication record and was frequently asked to present at international conferences.
We have been working with Mr. Khanna and his team for years and we cannot thank them enough for all they do for us. I like to share a comment that I just received from one of our employees who recently received his H1 approval: "Really appreciate Immigration lawyers for thoroughly review the documentation. I am glad for this approval and believe all their efforts are reflected in this approval."
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:
***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***
Please let us know effective when we can change jobs without having to file for I-140 again?
When:
1. I-140 is approved; and
2. The I-485 has been pending 180 days; and
3. The job described in green card is the same or is similar to the job you are going to;
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.
Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:
1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ?
Is there any rule for spouse applying visa from primary applicant's country of residence?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.
Beginning Monday, June 1, 2015 USCIS will accept only the new version (edition date: 01/29/2015) of Form I-907, Request for Premium Processing Service. The edition date is printed at the bottom of every page. USCIS will reject previous editions of this form if you submit them on or after June 1.
We won this case based on the applicant's critical role in a key U.S. Air Force project. His level of expertise in this specialized field was highly sought after and necessary to achieve the military's objectives. We provided letters from experts in the Air Force stressing their need to keep the applicant on the project or else it would fail.
AAO Processing Times as of May 1, 2015
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Registernotice.
Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.
Thanks.
First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
I have a situation:<br>
I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
Questions:<br>
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
2) How long will the petition will take to come to a decision (~estimate)?<br>
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=382
FAQ Transcript:
My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
1) Can I file for H-4 EAD?<br>
2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=569
FAQ Transcript:
USCIS wants you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, USCIS may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a signature.
We won this case for a tenured-track professor with ten years research and teaching experience. The applicant was a critical component to a U.S. Department of Energy funded project. The applicant was also the key element to securing National Science Foundation funds for his employer. His vast knowledge of inorganic chemistry and his unique multidisciplinary background was proven throughout his numerous recommendation letters offered by experts around the world.
On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.
I would like to thank Bharathi Gajjala for her efforts on my I-140 and I-485. Case got approved with out any RFE.