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Finally got our EAD Card

19 years ago By Chief Editor
State
MD

We received notice to come into Baltimore office for EAD 6 days before appointed time. Both were out of town on business on day of appointment, so followed instructions of informing them in writing and requesting new appointment date.
Didn't hear from them for more than 90 days, so made appointment on INFOPASS.
Arrived at 9am, called within 5 minutes to window - showed EAD application filing receipt and told to wait. 2 hours passed,

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Interim EAD at Boston

19 years ago By Chief Editor

It was ~92 days since I applied at VSC and so decided to go to Boston for interim EAD.

Came at 6:20AM at entrance. 10 Guys ahead of us and by 7AM 20 guys behind us. Were promptly let in by guard at 7 AM. Was issued a ticket number after standing in line for a brief period. Then waited till 11:30 AM to get my 5 min at the counter. Officer was courteous and simply asked us for the relevant forms. He then gave the approval form to drop off with the person who makes the EAD card who took about 30 min to issue the card.

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IEAD experience at Newark, NJ

19 years ago By Chief Editor

Myself and my wife applied for EAD on 12/13/2004. I got approved in a week but she did not get approval. So, We took the appointment at Newark, NJ at 7:45 AM on 04/22/2005.

We reached 970 Broad St, Newark ,NJ at 5 AM. No one was there and waited outside of the builing. People started coming after 6:15 AM. By 7:30 AM there were around 40-50 people around.

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Guestbook Entry for Chandra K, United States

24 years ago By Editor
Name
Chandra K
Country
United States
State
Texas
Comment

Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.

Guestbook Entry for Chandra K, United States

24 years ago By Editor
Name
Chandra K
Country
United States
State
Texas
Comment

Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.

Guestbook Entry for Ashutosh Sharma, United States

25 years ago By Editor
Name
Ashutosh Sharma
Country
United States
State
GA
Comment

I and my wife recently received our 485 approval notices in the mail. PD: August 21st, 1998 I-485 RD: August 5, 1999 FP: November 30, 1999 I-485 approval: February 28, 2000 Mr. Rajiv Khanna and his office helped us throughtout this process and provided expert guidance and timely advice whenever we needed such. Mr. Khanna was available at very short notice to answer any question and put us at ease many times throughtout this process. He is very much informed about the latest happenings in the field and uses this and his experience to perform the best possible service. I have been thoroughly satisfied with his office and commend their professionalism and honest approach of doing things. We would like to thank Suman Bhasin, Diane Lombardo, Leila Lehman, Fidelina Batista, Nimia Aranibar and Amel Barhe for their professionalism and hard work in getting us through this process. This would not have been possible without their help and support. Finally I would like to add that for anyone looking for a hard working, accessible, knowledgeable and trustworthy immigration lawyer, Rajiv Khanna and his office are a sure thing!

Guestbook Entry for Rahul Vyas, United States

25 years ago By Editor
Name
Rahul Vyas
Country
United States
State
NC
Comment

I just got the I-485 approval yesterday in the mail and Rajiv informed me about it through an email. I am writing this feedback to let people know of excellent and extremely professional job done by the law offices of Rajiv S. Khanna. (all dates given below.) Rajiv used the RIR process for my labor certification, getting the LCA in a very quick 3 months time period. I had to wait for my PD to become current to file the I-485. My dates. PD 7/97 RD 4/4/99 ND 4/22/99 FP 8/20/99 FBI processed it on 9/23/99 and approval 02/29/00 Thanks a lot to Rajiv and his associates. I am all praise for them. will gladly refer them to you anytime. Rahul Vyas.

TSC Update – 06/03/09

15 years ago By Chief Editor

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.

Following to join

15 years ago By Chief Editor
Question details

This is regarding my sister who is going through lot of stress due to visa issues.

She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.

3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).

She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.

Here are our questions/ concerns. Please do answer these:

1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.

2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?

3. Any advise/ suggestions are welcome.

I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.

Guestbook Entry for Sushant Mantri, United States

15 years ago By Anonymous (not verified)
Name
Sushant Mantri
Country
United States
State
Virginia
Comment

Really great service with timely and helpful consultation. Rena has been very good coordinator and communicator. She has been very responsive and courteous at all times. Mr Khanna was also very helpful and was available whenever required. His expertise is always commendable. Thanks a lot for all your help.

Guestbook Entry for Dinesh Goel (Technovision), United States

15 years ago By Anonymous (not verified)
Name
Dinesh Goel (Technovision)
Country
United States
State
NJ
Comment

I have been very impressed with the thoroughness of work done by Rajiv Khanna and his team including Anna Baker and hence my professional association with them for last 5 years after using numerous law offices before. Rajiv's Law office has the expertise to handle tough cases and get them approved. Thank you Rajiv and Anna for the great work done.

Dinesh Technovision

K-3 visa when I-130 approved

15 years ago By Chief Editor
Question details

We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?

In your case, a K-3 cannot be issued. You must wait for IV.

If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.

H-1 denial, appeal, MTR

15 years ago By Chief Editor
Question details

My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.

H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009

My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).

1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?

2) While new H1B is pending, what is my status? Am I considered to be in status?

3) Can we file brand new H1B through the same company while appeal is pending?

4) Can I work for my employer while appeal is pending, without filing new H1B?

5) Can I work for my employer while new H1B is pending?

6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.

7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.

1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.

2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.

3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.

4) No.

5) No.

Getting F-1 while I-485/AOS is pending

15 years ago By Chief Editor
Question details

1) Can i keep my Priority Date and apply for the Greencard later (after graduating from school) with it? Would that be possible even if the job is not similar to the one for which I got the labor approval this time around?

2) Would it be possible to keep the 485 active when I am in school? If it helps, my Ph.D is in the same field as my Masters (also from the US).

3) If I receive an RFE on my 485 about employment etc and I can't respond, would that have any effect on the validity of my F-1?

4) After I got the F-1, I re-entered the country back on my H-1 since I wanted to continue to work for a bit. My H-1 expires in a few weeks.

5) Should i withdraw the 485? If not, will I get into trouble while going out and coming back in?

6) I'd need to inform USCIS of my address change. If I'm keeping the 485 active, I'd have to specifically mention the address change for those applications as well. Should I just go ahead and do that?

1) You should be able to keep your PD because your I-140 is approved. The jobs do not have to be similar, but you do have to start your GC all over again.

2) Only if the employer (or some other employer with a similar job - AC21) holds the job open for you and you have the intention of joining them upon approval of GC or earlier. But do keep in mind the next answer.

3) I see no effect. But do remember, USCIS has indicated that F-1 and AOS cannot both co-exist. We do not have much elaboration on this statement.

4) You can stay as an adjustee.

Guestbook Entry for Ravi, United States

15 years ago By Anonymous (not verified)
Name
Ravi
Country
United States
State
MD
Comment

I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.

DOL FAQs on Suspension of H-2A Final Rule

15 years ago By Editor

The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.

For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.

 

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