Adjustment of Status

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

Guestbook Entry for MOHAMMAD, United States

Name
MOHAMMAD
Country
United States
State
FL
Comment

CASE : GreenCard  My case got stuck at the very last stage and Rajiv offered great help and excellent service and I have to mention, you will not find this kind of prompt service especially when you are tensed and in need of desperate help. My case got resolved with Rajiv's expertise and Heather making multiple calls to USCIS/Customs/other departments. I would like to thank Rajiv and his excellent team of 1. Heather Crump , she is very very very very very helpful, polite, generous, smart and always in track of your case and very very prompt, and also EXCELLENT follow ups. 2. Art Shifflett , he is very very prompt and polite person, he always responds to emails right away and even if you forget he reminds and follow ups, he forwards all questions to appropriate person and makes sure you get the answer you are looking for. 3. Mathew Chacko, he has excellent knowlege and right advice for you, he is very busy yet takes time to reply to your emails and in cases he will call you to discuss what exactly you want and how to go about it, with his expertise you for sure are in safe hands.  Rajiv as you know is the head of heads, and is extremely busy, yet he reviews each and every case and always available. If situation arises he jumps in like the superman / spiderman and pulls you out of trouble. 

Guestbook Entry for Gaurav, United States

Name
Gaurav
Country
United States
State
MD
Comment
Rajivji & Crew - My spouse & I became green today :-), finally got our cards today. It was a long journey, and we sailed through & made it.. Thank you and your team for all the assistance you all have provided us. I appreciate all the information and advice you and your team have given. Your expertise and help have been invaluable during this process. Regards.

Guestbook Entry for Satish Kodali, United States

Name
Satish Kodali
Country
United States
State
KY
Comment

Heard the good news from Mark this morning about the I-485 approvals for me and my wife. Mark created a SR last week and got the approval on Monday. It was long process but the team at Law offices of Rajiv Khanna are very helpful in the entire process. I used their services for one H1 transfer, 3 H1, H4 renewals and GC processing and would gladly recommend for any Immigration matters.

Extension of Comment Period for Form I-485 and Supplements A and E

[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]

---------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request

Working abroad while AOS pending

Question details

My self and my wife are on EAD and advance parole. My wife and I are from India.

I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.

This is however not the company with which I started my green card. I changed jobs when I got my EAD.

But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?

2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.

3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.

1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.

2. As long as the permanent job continues to exist, there is no other requirement of presence.

3. I see no problem with visiting USA as often as you like.

Working for two companies on EAD

Question details

1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.

2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.

1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.

2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.

USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment of Status Application before End of August

U.S. Citizenship and Immigration Services (USCIS) reminds special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009. Special immigrant religious workers who wish to file a Form I-360 petition with an I-485 application should also file on or before Aug. 31, 2009.

Leave of absence - I-485 pending

Question details

a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.

b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?

c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?

a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.