Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
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USCIS Responds To Ombudsman Recommendations On Asylum Clock
USCIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
Please check the attached memo.
Benefits of National Interest Waiver
Question details
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
FAQ Transcript
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
Physician's NIW/Complex facts
Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.
Team Notes
Pavan
Profession/Occupation
Green Card
Recording for April 25, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?
Documents you need to enter or leave the USA as Political Asylum
I will copy and paste the conversation between me and the Norwegian Embassy in San Francisco/CA. I just think the Embassies should be aware about the Travel Document...they look at it like it's an alien from Mars!!!
ME: Good morning Norwegian Embassy SF-CA
I live in Santa Barbara-California however I was born in Brazil and I have political Asylum. I just got my Refugee Travel Document and I was wondering If I need the "Schengen Visa" since I am not allowed to use the Brazilian passport anymore.
Can I go to Norway using the Travel Document or I need the "Schengen Visa"?
Green Card
Visas and Green Cards for Artists, Musicians and Performers
[custom:eb-1-classification-introduction]
Profession/Occupation
Green Card
My interview experience, Nov 15, 2011 in Los Angeles
Hey guys,
I just got back from my naturalization interview downtown Los Angeles and wanted to share my experience:
I arrived 10 mins before my appointment and was called about an hour later;
A male officer greeted me and took me to his room, did not even close the door.
Asked me to raise my hand and swear to tell the truth, state my age, name and address. Then he asked me to see my driver’s license and green card.
Green Card
USCIS Asylum Division Releases Fact Sheet On Federal Regulation Protecting Confidentiality Of Asylum Applicants
USCIS Asylum Division releases fact Sheet on Federal Regulation protecting confidentiality of asylum applicants.
Please check the attachment to read the fact sheet.
USCIS Updates Filing Procedures for Form I-140
Release Date
01/13/2025
U.S. Citizenship and Immigration Services today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation, or national interest waiver (NIW) request.
USCIS Updates Guidance on EB-2 National Interest Waiver Petitions
U.S. Citizenship and Immigration Services is updating its policy guidance to clarify how USCIS evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
Guestbook Entry for Pallav Bhatnagar, United States
Name
Pallav Bhatnagar
Country
United States
State
Maryland
Had my Asylum interview, it went badly, and now I am waiting for the results
My application was strong but my interview was weak and I slipped on a question or two. Towards the end of the interview, the asylum officer was very quiet and cold and when I told him that I would send him the document he requested he seemed like he didn't care. Do you think that means he is going to deny my application? How many days did it take for you to get your decision by mail
Green Card
Asylee N-400 Interview Experiences
Hi All,
Sorry for the delay in posting about my experience.
As some of you know, I filed in August 2007 and got stuck in the front-log, and was unable to do my finger prints until December 2007. However, luckily, my interview was scheduled right away for March 2008.
In Buffalo, we do not have same day oath, so I knew going in that I would not be sworn in the same day. I did know however, that I would get the oath notice right away (on the spot) if I passed, because they hold ceremonies every 2 weeks.
Green Card
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Interview
Hi everyone,
I had my interview in NYC. It took about 10 min or less. I was approved on the spot and advised to wait for the oath letter, which I did.
Yes, I renewed my passport and went to COP three times (short trips) - I listed all trips on my application. No questions had been asked. However, being a member of this forum for years, I had all kind of docs with me to defend my decision to go.
No questions about asylum whatsoever. Just wanted to share. Good luck to everyone.
Green Card
Citizenship and Naturalization
Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Question details
I'm from Bangladesh and am pursuing a non-thesis Master’s degree in Civil Engineering at Texas A&M University. My area of specialization is Geotechnical Engineering. I’ll graduate with my degree in May 2025 after completing a co-op with one of the top Engineering and construction companies in the United States. The company also offered me a full-time position after my graduation so that I could continue my work with them. Many PhD candidates from my country with a master's degree are applying for EB2-NIW using their citations and research experience.
1. Since I lack a prominent research background (basically, I have no experience at all in terms of publication/citation), do I have a chance of getting approval for EB2-NIW?
2. Is citation/research compulsory for EB2-NIW to get approved?
3. If I want to apply in the future, how should I prepare my profile to increase my chances? I’m more interested in working in the industry than in research and academia.
4. I want to mention that, from my experience, there is a huge demand for geotechnical engineers in the civil engineering industry, but not many people, especially Americans, are pursuing this major. Can I use this fact to show national interest?
FAQ Transcript
The key is to emphasize activities and achievements that demonstrate your potential to contribute significantly at a national scale. Your profile should highlight projects or initiatives that have a broad, national-level impact, as this aligns closely with the NIW criteria.
Conventions on Diplomatic Asylum and OAS Permanent Council Meeting
Conventions on Diplomatic Asylum and OAS Permanent Council Meeting
Taken Question Office of the Spokesperson Washington, DC
August 17, 2012
Question: Does the United States recognize the concept of diplomatic asylum beyond its Organization of American States (OAS) commitment? What is the U.S. position on the OAS Permanent Council meeting to consider convening a Foreign Ministers meeting on the situation between Ecuador and the United Kingdom?
Asylee N-400 Interview Experience
- It took me all togather, 119 days from application file date to an Oath Ceremony. I am proud to be the USC now. I had to wait about 40 days between interview and Oath ceremony date because my GC was not complete 5 years at the time of Interview. Otherwise my Oath would be on April 26, which would make my Naturalization process complete within 100 days. It's FAST.....!!!
Thanks all of you (specially to wantmygcnow, thankful,shefe assylum etc) for your help, supports and advices in the issues regarding my Asylum, Green Card and finally Naturalization.
Green Card
17 years without GK and counting
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21.5 years ago I arrived to USA and June 4 I will have a citizenship interview. You can read my story.
Green Card
Recording for August 08, 2024 Conference Call with Rajiv S. Khanna
FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
CRS Report on "Asylum and 'Credible Fear' Issues in U.S. Immigration Policy"
Please check the attachment for CRS report.
NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option
Question details
1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?
2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?
FAQ Transcript
It is important to note that if you are from a country like India, you may face a long wait—up to 10 to 12 years—for a green card. After receiving your green card, you are not required to stay in your job indefinitely; you can leave for valid reasons after a few months, as long as you act in good faith.
Regarding work status for those with an approved NIW, the Compelling Circumstances EAD is an option. Still, it has several drawbacks: unpredictable, uncertain processing times, and requires annual renewal. Another alternative is Entrepreneurial Parole, which offers up to five years of work authorization but may not be ideal for individuals from India due to the lengthy green card process. Please read the articles on the The Economic Times Author Page for more information.
Recording for September 26, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria