Employment Based Green Cards

Radio Show with Rajiv S. Khanna - "Recent Regulations by the USCIS and Department of Labor" - Effect on H-1B, Students, US Businesses

Following is an excerpt from a Radio Show with Rajiv S. Khanna:

"I think these regulations will get frozen and I think we will be able to revert to our last year's lottery system and we'll be able to make it through this year but I also think that it's going to be a comprehensive legal immigration reform".

Changing Status During a Pending Application - Authorized Period of Stay

Question details

Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

FAQ Transcript





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.

How can I qualify for EB-1C/International Managers or Executives

Question details

I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>

1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.

FAQ Transcript





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.

Effect of immigration proclamation/executive order on green cards

Question details

I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

FAQ Transcript





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.

Time of stay and definition of a manager/executive employee for L-1A and EB-1C

Question details

I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

FAQ Transcript





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.

Parents’ birth certificates

Question details

I applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485.
Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?

FAQ Transcript





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.