Recording for June 01, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, June 1, 2023
Discussion Topics, June 1, 2023
Discussion Topics:
FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder
FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Dear all
I came to the USA from New Delhi, India with a Master's in Microbiology in 1992 - to pursue a Ph.D. in Biochemistry / Molecular biology specializing in protein engineering. In 2000, started a post doc- 7 months at Brigham and Women's hospital - did not get along with the indian jerk of a boss so changed to the main Harvard medical School quad under a fantastic caucasian post doc mentor and a very good friend, a very liberal democrat (Go John Kerry).
On Nov. 10, 2022, USCIS published a new edition of Form I-589, Application for Asylum and for Withholding of Removal, dated 10/12/22. Starting May 1, 2023, USCIS will only accept the 10/12/22 edition. Until then, you can also use the 07/26/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Release Date
09/11/2023
U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
U.S. Citizenship and Immigration Services (USCIS) is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
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?
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.
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.
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?
This report provides information on the number and characteristics of persons admitted as refugees or granted asylum in the United States in 2011.
Please check the attachment to read the DHS Report.
[custom:eb-1-classification-introduction]
State Department official, best-selling author recognized as ‘Outstanding Americans by Choice’
Today I did my interview and passed. The Officer was a very beautiful young lady and she was nice and friendly. After taking an oath to tell the truth, she started going through my N-400 application (not line by line). Eventhough I said no to "citation and arrest", I had HOV violation and driving under suspended privilage tickets. Showed her documents that I paid my due and I am clear. She seemed satisified with that. Also I have said no to "have you been to jail or prison? " in my application,I told her I was detained in my home country and she said that is fine.
I was asked if I went back to COP and I said yes, (I only went once for two weks to visit ill family member) IO said nothing negative, just moved on with the interview process.
I know some people who were granted Asylum and went back to COP and now they're US citizens. Don't worry be very positive IO are humans too and understand that some times you have to take a risk to see a family member who is ill. Wish you best of good look, take care.
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.
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).
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