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:
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
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.
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
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
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
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
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
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.
I have been working with Mr. Khanna and his expert team for both O1 visa as well as recently got EB1 approved. The team is an exclusive set of experts with an exceptional expertise to work with each client and they deliver the right product with a BIG smile on each clients face with a positive outcome!! Strongly, recommend Mr. Khanna and Diane to work with!!! Dr. Manoj Jadhav.
The travel bans necessitated by the COVID pandemic have created much flux and uncertainty. Synthesizing the information now finally available from various US government sources, it is clearer now that many intending travelers can seek and obtain an exemption from the ban under a series of provisions for a National Interest Exception (NIE).
You should be able to apply for an NIE to overcome the ban on travel to the USA if you meet any one or more of the following categories:
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.
You will need to have the employer apply for a new O-1 petition with USCIS.
I am the spouse of an O-1 visa holder and we live in the US (so I am on an O-3). His company is putting together the application for his green card, but do they need to do a separate one for me too? Or do I get one automatically if he gets one? Or do I have to wait until he gets one and then he applies for one for me? And what about our children - too young to work yet, but want to make sure they are ok too.
The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.
This Policy Memorandum (PM) provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of O nonimmigrants, with regard to determining the appropriate validity period of an approvable petition when a gap exists between two or more events reflected in the itinerary.
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.