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Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna

11 years ago By admin

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Nonimmigrant Visas

Immigration Law

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Substantial transcription for video

For updates, see my blog page on Obama's Immigration Action.

Takeaway points for legal immigration from President Obama’s executive action: 

1.      USCIS is “about to” publish the final rule on H-4 work authorization.  That will make it possible for certain spouses of H-1 holders to get work authorization.

 2.      Improving employment-based green card backlogs by:

 a.       Making visa issuance more efficient so no immigrant visas are wasted;

 b.      Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs.  USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field.  USCIS must clear the path to career progression for green card applicants.

 3.      Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).

 4.      Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.”  Unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the following parole program will help:

 a.       Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where: 

 i.They have raised financing in the USA; OR  

 ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research

 5.      Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.”  As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the parole option above could be helpful.

 6.      Providing clear guidance on L-1B program as to who can qualify. 

 

USCIS Policy Memo on Adjudication of H-1B Petitions for Nursing Occupations

10 years ago By Editor

This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.

Please check the attached document to read USCIS Policy memo. 

Starting Your Own Business on H-1 or AOS EAD

13 years ago By Rajiv S. Khanna

I am currently on H-1. I have a series of questions for you. This topic should be of interest to many people in the community. Could you please address these:
1. Can I start my own business while on H-1?
2. Can I be employed in my own business on my company's H-1?
3. Does it help to have partners from USA?
4. Can I get green card through a company I own?
5. What if my business is in Europe, but I work on it from USA? Is that legal?
6. Can I start business when I get my EAD on 485?

H-1B Filing twice the numbers last year so far

13 years ago By Rajiv S. Khanna

USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012. Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year.

USCIS Investigation Questions

14 years ago By Rajiv S. Khanna

Following is a list of questions recently asked by a USCIS investigator of an H-1B employee working at a client site. If you are a member of our compliance group of employers, attend the free conference call scheduled for employers only on 7th July 2011. Membership in the group is by invitation only.

1. What is your name?
2. Can see your ID card?
3. How long you are in US?
4. Have you been visited your home country?
5. Who are you currently employed with?
6. How long have you been with your employer?
7. What is your job title?
8. What are your wages?

H-4 Visa and Status Validity

14 years ago By Rajiv S. Khanna

Here is a question from clients.immigration.com, our clients-only extranet.:

Hi Rajiv
My husband has changed his job and his H1-B is being transferred. I am on H4 visa with valid stamp till 04/30/2012

My questions :
1. Do i have to also apply with him for H4 transfer ? Or should I be able to contd on valid status as my current H4 visa is valid ?
2. If I have to travel out of the country , can I travel with my current H4 visa stamp ? or should I have to re-stamp it with my husband's new I-797 for new company ?

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