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  • Electronic I-94 Rollout on 30 April 2013
    Rajiv S. Khanna
    Beginning 30 April 2013, CBP will roll out electronic version of Form I-94, Arrival Departure Record. We recommended that all visitors print out and keep a paper copy of the Form for their records at all times. There are still important legal issues that remain unsettled, including, the proper training and education of DHS/CBP of its own officers. Note that CBP is an agency within Department of Homeland Security (DHS).

    Form I-94 is a very important document in that it determines the time and activities permitted during your stay in the USA.

    The new I-94 form:
    DHS explains in this video how to fill out the new I-94 application.
    29th April 2013, 08:26 AM
  • Laid off - Now what ???
    Rajiv S. Khanna
    The following question was raised by one of our clients at – our clients-only extranet. Note that I will be working to expand and edit this article further over the next few weeks. Regards to all. Rajiv.

    Qo. Current economy is making lot of people sleepless. We have heard about a lot of layoffs around the state and nation. Could you please explain us what are the options we have, if a person with H1-B (6year extension) EAD and I-485 pending in this situation.
    Ans. This is most certainly a very important topic and relevant for everyone. I will address the various issues raised in the relevant parts of the blog to make it possible for everyone to find the information applicable to their case.

    Effect of Lay-off on H-1 and L-1 An H-1 or L-1 holder who gets laid off can be thought to be immediately out of status. There is NO grace period, not even one day. If, however, you continue to receive your salary, it can be argued that you are still in status. How valid or go...
    30th April 2012, 11:23 AM
  • Priority date retrogression -- consequences and concerns
    Rajiv S. Khanna
    The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns. Q. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending? A. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer unt...
    24th March 2012, 12:47 AM
  • May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
    Rajiv S. Khanna
    One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can. In the E visa context, this is what the govt says: So, are they saying they will apply the same standards as given in the note below? I THINK that is what they are saying, but this is not clear. There exists in law something called the "doctrine of dual intent." This doctrine permits nonimmigrants to have immigrant intent. In other words, even though, you are coming to USA on a visa that is temporary, you may pur...
    7th March 2012, 07:08 AM
  • Employee's complaint for non-payment of salary-E-3, H-1B and Non H-1B --Updated 19 May 2009
    Rajiv S. Khanna
    Message from our community:

    Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.

    Here is the link to the SWA's for non H-1B workers

    H-1B and E-3 workers, go here:

    To complain to ICE, go here:
    4th April 2011, 12:56 PM
  • How soon can I leave the employer after I get my GC
    Rajiv S. Khanna
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would...
    16th February 2011, 08:41 AM


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  • AC21 - accepting a green card

    AC21 - accepting a green card

    Here are some questions from our clients-only extranet:

    Ans. There is no formal procedure other than joining, preparing a Form I-9, being on the payroll and actually working.

    Ans. You can behave like you would in any other permanent job - take vacations, etc.

    Ans. That question has been answered on my blog. See
    See more | Go to post

  • More questions on AC21, EAD, losing job, etc.

    More questions on AC21, EAD, losing job, etc.

    Here is a series of questions that should be relevant for many people: Yes. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually). Correct. You are in authorized period of stay. That has been explained in my blog. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog). There is no su...
    See more | Go to post
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