Recording for April 11, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics:
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April 13, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Announces Exhaustion Of U Visa Quota For FY2011
Released Sept. 19, 2011
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.
On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.
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?
June 8, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
Question details
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
FAQ Transcript
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
The "Immigration Innovation Act of 2013" May Double H-1B Visa Cap
IMMIGRATION INNOVATION (I2) ACT OF 2013
ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)
Employment-Based Nonimmigrant H-1B Visas
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
USCIS Approves 10,000 U Visas in Fiscal Year 2012
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) marked a significant milestone in its efforts to provide relief to victims of crimes by approving the statutory maximum 10,000 petitions for U nonimmigrant status, also referred to as the U-visa. This is the third straight year USCIS has reached the statutory maximum since it began issuing U-visas in 2008.
Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
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
USCIS Publishes Memo On T And U Visa Extensions
USCIS policy memo providing guidance about the extension of status for T and U nonimmigrant visas , including any related adjustment of status applications.
Recording for February 29, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Discussion Topics:
USCIS Data on Victims of Trafficking I-914 (T) in Person and Victims of Crime I-918 (U)
I-914 (T) and I-918 (U) Visa Statistics
This report contains information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
USCIS Updates Guidance for F/M Nonimmigrant Student Classification
Release Date
08/27/2024
USICS is updating guidance in the USCIS Policy Manual regarding when students may be eligible for optional practical training (OPT) extensions for Science, Technology, Engineering, and Mathematics (STEM) fields. This guidance, found in Volume 2, Part F, of the Policy Manual, also provides clarifying guidance for F/M nonimmigrant students concerning online study, school transfers, the grace period, and study abroad.
The Policy Manual update:
Recording for August 22, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension
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
Question details
I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.
Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.
My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.
- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.
- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
FAQ Transcript
If an H-1B cap petition is approved, you could consider moving to Day 1 CPT to start working immediately for a client. However, since your H-1B won't take effect until October 1st, a better option might be to pursue a concurrent H-1B until then, allowing you to work immediately and transition to your permanent H-1B status later.
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
Can I delay using an H-1B visa to utilize the STEM extension period?
Question details
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
FAQ Transcript
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
H-1B specialty occupation for MS in UX Design (STEM)
Question details
I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding the "specialty occupation" criteria? Are there any nuances I should be aware of?
FAQ Transcript
Yes, it is possible to get an H-1B for UX design, but it depends on how your job is classified. UX design can fall under multiple fields, such as computer science, graphic design, ergonomic engineering, human factors design, or industrial psychology.
To qualify for an H-1B, your role must clearly require a specialized degree in a related field. Work with your lawyer to determine the best classification based on your job duties and educational background. Careful planning is essential to ensure a strong case.
Rajiv's Comments in the News - Tough days ahead for international students in US: Will OPT and visa duration be curtailed?
Published by: The Times of India: Nov 07, 2024
https://tinyurl.com/7aj34mx4
Quotes and Excerpts from Rajiv in the article:
Recording for November 21, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Topics Discussed:
USCIS Issues Statistics On T and U visas for Fiscal Years 2002-2012
USCIS performance data containing information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by office for FY2002 to FY2012.
Please check the attachment to view T and U visa statistics.
USCIS Issues Memo On Age-out Protection For Derivative U Nonimmigrant Status Holders
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out.
Please check the attachment to read memo.