We take no responsibility for any inaccuracy in the information presented. Note also, that the interpretation of the law can vary substantially according to the regulations and policy promulgated by the USCIS and other concerned government agencies. Law Offices Of Rajiv S. Khanna, P.C.

Legal News
News from the Agencies
Congressional News
Answers to your Questions

Legal News
	News Bulletin     Visa Bulletin for May 2004 This bulletin summarizes the availability of immigrant numbers for the month of May 2004.    More...
	USCIS Updates about H-1B Filings     USCIS has indicated that it has NOT seen the expected rise in H-1B filings since April 1, when employers were again permitted to file cap-subject petitions with start dates beginning October 1 or later. Although the precise numbers is not provided, but we can say that the volume has been “unexpectedly low.”
	USCIS Service Center Processing Times     This page provides most recent processing times for petitions and applications submitted to the U.S. Citizenship and Immigration Service (USCIS).    More...
	Department of State To Announce International Education Program at Earth Day Event     The Department of State will announce an international education program called "Two Bays, One World" at an Earth Day event, April 22, 2004.    More...
	Text of the Bill "Visa Waiver Program Compliance Amendments of 2004"     The bill S. 2324 is to extend the deadline on the use of technology standards for the passports of visa waiver participants.    More...
	USCIS Updates on E-filing Expansion     USCIS is planning to start next phase of the E-Filing project, applicants will be able to electronically submit the following additional form types over the Internet: I-129s, I-131s,I-140s,I-539s,I-821s and I-907s.    More...
	USCIS Launches Pilot Program In Dallas District Office To Concurrently Process I-130s And I-485s     The USCIS announced its pilot program in the Dallas District Office to concurrently adjudicate I-130s and I-485s in a remarkably short timespan. For the Dallas Press Release and Fact Sheet about this pilot program. Learn more about InfoPass here.
	Passports and Visas with Embedded Biometrics and the October Deadline     Secretary Colin L. Powell Prepared Testimony before the House Judiciary Committee.The inclusion of biometrics in international travel documents is a critical step in upgrading security for America.    More...
	National Processing Times - I-485/EAD/APTimes for March 2004     National Processing Times - I-485/EAD/AP Times Reports for USCIS Adjudications As of March 2004.    More...
	DOJ Settles Immigration Related Employment Discrimination Charges     The Justice Department today announced an agreement that settles immigration-related employment discrimination claims against Rex Healthcare, a private health care system. Now the Immigration and Nationality Act (INA) requires employers to examine documents from new employees in order to verify their work eligibility in the United States. The INA also prohibits employers from treating citizens and non-citizens unequally    More...
	Procedural Instruction for Concurrent Adjudication of Concurrently Filed Form I-140s and I-485s     This memo provides specific instuctions and guidance to service center directors on adjudication and reporting of processing times of concurrently filed I-140s and I-485s. Previously-filed concurrent packages will be adjudicated only if the fingerprints and name checks have cleared on the I-485.    More...
	USCIS Issues Immigration Benefit Application Fee History     A chart, prepared by USCIS, compares filing fees from periods from 1985 until the new fee increase.    More...
	USCIS Expands Online Case Status     The USCIS announced the addition of several new features to its online case status system. Individuals and attorneys can establish a user ID and password to create a USCIS portfolio of up to 100 cases which can be checked online at all times. For the press release, click here . For the fact sheet,click here.    More...
	Commissioner Bonner dedicates FAST lane in Laredo, Texas     U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner formally opened the Free and Secure Trade (FAST) lane today at Laredo's World Trade Bridge. The Free and Secure Trade lane in Laredo, Texas was formally dedicated as an expedited clearance lane for known low-risk commercial shipments. The dedicated lane is expected to dramatically reduce admissions processing time for truck shipments, and to assist with the general flow of traffic at the border.    More...
	NSEERS Waiver Instructions from New York and Los Angeles Field Office     New York and Los Angeles field Office issues instructions on how to apply for a waiver of special registration requirements.    More...
	Update from Texas Service Center on H-1B Rejections     The Texas Service Center admits that there were flood of rejections of cap-subject H-1Bs filed after April 1, 2004. TSC informs that these rejections were in error and hence advises people to re-file immediately. The mail room is under instructions not to reject an H-1B filing that has a "start date" on the I-129 of October 1 or later (as long as the "later" is not more than 6 months from the date of filing).
	USCIS Publishes Final Rule on Immigration Benefits Fees Increase     The USCIS published a final rule in the Federal Register adjusting immigration application fees by approximately $55 per application, and increasing the biometric fee by $20, effective April 30, 2004.    More...
	USCIS Announces Fee Increase     The USCIS announced a new fee structure, effective on April 30, 2004; 15 days after publication in tomorrow's Federal Register. The new fees add an average of $55 to the current cost of immigration benefit applications, and increases the biometrics fee by $20 for certain applications    More...
	New USCIS Immigration Benefit Application Fees     USCIS Issued new Immigration Benefit Application Fees. This fee will be effective from April 30, 2004.    More...
	Department of State Launches “Partnerships for Learning Undergraduate Studies”     The new “Partnerships for Learning Undergraduate Studies” (PLUS) program is bringing 71 undergraduate students from countries in the Middle East for two years of study in the United States at select American universities and colleges.    More...
	Guidance on ICE Implementation of Policy and Practice Changes Recommended by the DOJ Inspector General     In response to the DOJ Inspector General Report on post-9/11 detention, a 3/30/04 memo from Asa Hutchinson, Border and Transportation Undersecretary, provides guidance on length of custody before a determination to charge, as well NTA service, post-order custody reviews and other related issues.    More...
	DHS Announces Development of the Homeland Secure Data Network     DHS announces a contract to initiate the implementation of the Homeland Secure Data Network(HSDN), an IT structure for communicating classified information.    More...
	Federal Register Documents Available on Public Inspection on the National Archives and Records Administration (NARA) website     The National Archives and Records Administration (NARA) is an independent Federal agency that preserves our nation's history and defines us as a people by overseeing the management of all Federal records.    More...
	The DHS’s Office of Immigration Statistics Releases Statistical Report for February 2004     The DHS’s Office of Immigration Statistics has released its monthly statistical report for the month of February 2004, this report covers topics like: inspections, Southwest border apprehensions, immigration benefits, naturalization benefits, removals, investigations, and asylum.   More...
	USCIS Service Center Processing Times     The most recent processing times for petitions and applications submitted to the U.S. Citizenship and Immigration Service (USCIS).    More...
	U.S. Department of State Electronic Records Transfer to National Archives and Records Administration     DOS officials on April 13, 2004, will commemorate the transfer of the first segment of electronic diplomatic records (from 1973 and 1974) to the National Archives and Records Administration (NARA). NARA will thereafter make these declassified records publicly available on the Internet. The two agencies will then sign a Memorandum of Understanding (MOU) to apply cutting-edge technology to the archiving and transfer of electronic records, in furtherance of the President’s Management Agenda e-Government initiatives.    More...
	Department of State Issues “Request for Applications” for Humanitarian Mine Action Grants     The Office of Weapons Removal and Abatement in the Department of State’s Bureau of Political-Military Affairs is issuing its first ever, open Request for Applications for grants to advance humanitarian mine action. Grant applications will be accepted from domestic and foreign non-governmental organizations, academic institutions, and international organizations in six specified areas.    More...
	Form I-566( Interagency Record of Request) Updated     Form I-566, Interagency Record of Request, which is used in connection with changes of status to or from A, G or NATO, and by dependents in those categories in connection with employment authorization applications, has been updated. Versions earlier than 2/23/04 will not be accepted.   More...
	DOS will Issue H-1B and H-2B Visas with Deferred Validity Dates    The Secretary of State issued a cable informing all diplomatic and consular posts of DHS's announcement of the Fiscal Year 2004 cap for H-1B and H-2B petitions and presented options to major H-lB and H-2B issuing posts that wished to employ procedures to address this possible flood of applicants.    More...
	USCIS Issues Brochure Providing Naturalization Information for Military Personnel
	State Dept. Instruction on Prevailing Wages Requirement for Visas of Domestic Employees      The Department of State issued a cable providing 2004 prevailing wage statistics for alien labor certification requirements and instructing consular officers to rely upon these figures when determining whether employment contract provisions satisfy applicable prevailing wage requirements for domestics.    More...
	CRS Updated Report on the Visa Waiver Program      The Congressional Research Service (CRS) released an updated report on the Visa Waiver Program (VWP) to reflect the fact that, VWP participants arriving at airports and seaports will be subject to the US VISIT requirements.    More...
	BCBP Proposes Rule for Overtime Compensation and Premium Pay for Customs Officers     This document proposes to amend the definition of ``customs officer'' for the purpose of eligibility for overtime compensation and premium pay. These revisions are necessary to reflect recent changes in the functions and organizational structure of U.S. Customs and Border Protection consistent with the Homeland Security Act of 2002.    More...
	DHS and HHS Sign Statement of Principles on accompanied Alien Children      DHS will continue to be responsible for apprehension, processing, and immigration benefits including placement in proceedings, removal, and decisions and adjudication of SIJ petitions. ORR will make decisions regarding medical care while the child is in custody, and is responsible for making placement determinations.    More...
	Asylum Interviews to Change in Location for Ohio, Kentucky, Texas and Louisiana      USCIS announced that it has changed the location where some interviews are held for certain asylum applicants who live in Ohio, Kentucky, Texas and Louisiana    More...
	DOS and DHS Security Request Extension of Requirement for Biometric Passport Issuance by VWP Countries      The Departments of State and Homeland Security have asked Congress to pass legislation to extend for two years the requirement for Visa Waiver Program (VWP) countries to include biometrics in passports issued on or after October 26, 2004.    More...
	Adjustment of Status for Asylees      By law, only 10,000 asylees can adjust status to Lawful Permanent Resident per year; however, USCIS is receiving between 15,700 and 28,200 applications per year. As a result, as of March 1, 2004, approximately 160,000 asylee adjustment applications were pending.    More...
	DHS Extends Requirement for Biometric Passport Issuance by Visa Waiver Program Countries      The DHS announced that visa waiver program travelers will be enrolled in US-VISIT by September 30, 2004, while the biometrics requirement deadline (machine readable passports) will be extended to 2006.    More...
	USCIS Notice of Circuit Ride Location Changes for the Chicago and Houston Asylum Offices      This notice informs asylum applicants and applicants for relief under section 203 of the NACARA 203 of changes in certain asylum and NACARA 203 interview locations. Specifically, this notice advises certain asylum and NACARA 203 applicants within the jurisdiction of the Bureau of Citizenship and Immigration Services (CIS), Chicago, Illinois Asylum Office and the Houston, Texas Asylum Office of a change in the location where they will be scheduled for an asylum interview.    More...
	US Embassy In Kiev Begins Immigrant Visa Processing For Adopted Ukranian Orphans      The Department of State announced that beginning April 19, 2004, the U.S. Embassy in Kiev will start processing immigrant visas for orphans adopted by US citizens in Ukraine (immediate relative visas – IR-3 and IR-4).    More...
	USCIS Updates - 04/02/04    CSC Director Don Neufeld announced that California service Center is planning to work on two pilot programs. One, at the CSC only, to adjudicate all new concurrently filed EB-2, non- National Interest Waiver, I-140s and I-485s on a truly concurrent basis; and the other, at the Los Angeles District only, in which the ASC will initiate immediate manufacture and mailing of I-551s upon fingerprinting.    More...
	Information on Filing of Affidavit of Support for a Relative    USCIS publishes information on how we can File an Affidavit of Support for a Relative    More...
	DOS Cable Revises Foreign Affairs Manual (FAM) Notes to Address the H-1B1 Visa Category      The United States has entered into free trade agreements (FTAs) with Singapore and Chile which took effect on January 1, 2004. Both FTAs contain provisions that will allow the temporary entry of businesspersons into the territory of the trading partners to facilitate meaningful trade.    More...
	State Dept.Proposes Changes in Access to Information Regulations      DOS proposes to revise its regulations governing access by the public to information that is under the control of the Department in order to reflect changes in the provisions of basic underlying laws and executive orders pertaining to access to information (i.e., the Freedom of Information Act, the Privacy Act, Executive Order 12958 on National Security Information, the Ethics in Government Act).    More...
	State Dept. Instructions on Biometric and Machine Readable Passports Requirements      The DOS cable summarizes and clarifies previous guidance on passport requirements for Visa Waiver Program (VWP) travelers with respect to the 10/26/04 deadline. VWP travelers will be required to present machine-readable passports and VWP countries will be required to have a biometric passport program by that deadline.   More...
	DOL Proposes Revisions to FOIA Procedures and Implementation of Electronic FOIA      The proposed regulations are intended as a routine updating of the Department's procedures--to streamline the existing procedures based on experience, to reflect certain changes in the procedural requirements of the FOIA since the current regulations were issued, and to make the Department's procedures easier for the public to understand.    More...
	DHS Publishes Correction to the Semi-Annual Regulatory Agenda      Two entries were added to the 12/22/03 publication of the DHS Semi-Regulatory agenda: extension of the filing deadline and removal of filing fees for posthumous citizenship applications, and designation of El Salvador for TPS until 3/9/05 with automatic extension of EADs until 3/9/04.   More...
	USCIS Issues Fact Sheet for Fee Waiver Guidance      USCIS issued a fee waiver guidance fact sheet providing direction on what constitutes "ability to pay.   More...
News from the Agencies
	Service Center Operations Updates - 04/28/04
	DOS Updates – 04/23/04
	NSC Updates – 04/20/04
	Update from Texas Service Center on H-1B Rejections     The Texas Service Center admits that there were flood of rejections of cap-subject H-1Bs filed after April 1, 2004. TSC informs that these rejections were in error and hence advises people to re-file immediately. The mail room is under instructions not to reject an H-1B filing that has a "start date" on the I-129 of October 1 or later (as long as the "later" is not more than 6 months from the date of filing).
	Service Center Operations Updates - 04/15/04
	Service Center Operations Updates - 04/08/04
	Social Security Administration Updates - 03/25/04
Congressional News
	Hot Bills, 108th Congress      Immigration-related bills introduced during the 108th Congress    More...
	Hot Bills, 107th Congress      List of immigration-related bills introduced during the 107th Congress.    More...
Answers to your Questions from Rajiv S. Khanna
	I was in USA and purchased a house in 2001, while being on H-1B. Now I am in India. I wanted to sell it and with that intention I appiled for B1/B2 with a supporting I-134 from my friend. My application was refused. I also have safe deposit locker/vault in a usa bank which contains my valuables. I need to get them back and sell my house and car.
	What is the difference between a civil lawsuit and a criminal lawsuit, and which one would affect a person who is trying to get a green card.?
	I am an employee from a company in India working in the US on a H-1B [via the same Indian company] They are not giving me any salary slip in the US, however are giving me a salary slip in India. I have heard that it is illegal to work in the US without a paystub on an H1B visa. Is this correct?
	Question related to form AR-11 change of address. I am on H1-B visa and recently my employer moved to a new location. In this case am I responsible to fill this form or Employer should inform USCIS regarding address change. Or the scope of this form is limited to residence address change and not office address change.
	If I apply for H1B with premium processing in April for October quota, when will I receive approval documents? Will it take 15 working days just like used to be?
	I am a student and got my OPT from May15th 2004 to May14 2005. I got a job, When should I start my H1 processing?
	My H1B expired mid March 2004. I was working on EAD since March 2003. My I-140 not approved. If I decide to switch to another company on H1B - Would it be counted towards quota?What is the procedure for switching from EAD to H1b.
	I have H1-B with company A. I then got a transfer to company B. I have got a receipt notice for transfer to company B, but not yet an approval. Is it okay if company A cancels my H1-B?
	My parents both have green cards and they visit us 3 months of the year for the past 4 years. My question is with respect to taxes. Should we fill in tax returns for my parents? My father is retired and they are both over 74 years old and they have never worked here.I was planning to fill a travel reentry form and came across a question regarding taxes. I was wondering whether they may loose their green cards if we do not fill tax returns for them.
	I am planning for higher education in US for Fall'05 and hence will be seeking F-1 during March'05. My wife is software engineer and will be filing for H-1 by next month (May'04). Will our applications hold valid?
	Is it possible for an adopted child to file for his or her real parents?