Guestbook Entry for Arul Palanivelu, United States
Name
Arul Palanivelu
Country
United States
State
ID
Search
Guestbook Entry for Rob Ray, United States
Name
Rob Ray
Country
United States
State
FL
Comment
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
Green Card through several categories
Question details
I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?
You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Immigration QnA with Rajiv, Nov 18, 2021(conversation with Yudi on behalf of students&professionals)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
YouTube: http://www.youtube.com/immigrationdotcom
Rajiv in QnA with Students, H-1B Professionals (Hosted by Onboard), Nov 23, 2021
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Immigration QnA with Rajiv, Dec 2, 2021(conversation with Yudi on behalf of students&professionals)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Extends Transitional Parole for CNMI Long-Term Resident Status Applicants
Release Date
USCIS announced today that it will automatically extend parole and employment authorization, if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
PERM Processing Times (as of 11/30/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2021 |
| Audit Review | February 2021 |
| Reconsideration Request to the CO | June 2021 |
Agency
Green Card
Immigration Law
Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
Leaving employer while an I-140 is pending
Question details
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Extension of EAD for H-4 and EAD for L-2
Question details
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I-131 (Reentry Permit) and N-470 FAQ
Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances
Release Date
USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:
USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures
Release Date
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.
Avoid Immigration Scams - USCIS
Are you getting the right immigration help?
Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration services scam.
State Department Releases FAQ on DS-260 Immigrant Visa Electronic Application
- DOS FAQs on the DS-260 form, the online application for immigrant visa applicants.
Locating A Long-Pending I-485 Application and Priority Dates
Question details
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?
2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?
1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.
It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.
DS-260 Worldwide Deployment
Effective September 1, 2013, the DS-260 Immigrant Visa Electronic Application and the DS-261 (Choice of Address and Agent) will replace the paper based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) and the DS-3032 (Choice of Address and Agent). This message describes the timeline for deployment and provides guidance to posts.
For more information please read the telegram attached.
Radio Show 2013, September 4
Nonimmigrant Visas
Immigration Law
Ability to Pay
Question details
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
Process After Getting Immigrant Visa
Question details
My mother is currently in the US. She entered based on the Immigration Visa on her passport and gave the sealed packet at the port of entry. We went to to the SSN office but were told that we need to wait for the SSN to come (via mail? - they had no clue). She wants to leave in the next few weeks. Questions:
1. Can she reenter without a physical GC in hand? She was told it takes 6-8 months to come at port of entry.
2. How do we get her SSN? Is it mailed automatically?
3. What else should I be aware of before she leaves the US?
Make an infopass appointment and get her passport stamped for temporary proof of green card. She can travel with that. Normally, the physical GC takes just a few weeks. I am not concerned about SSN. That will arrive eventually. But do review my blog videos about I-131 and maintaining green card, etc.
Guestbook Entry for Raja R. Iyengar, United States
Name
Raja R. Iyengar
Country
United States
State
Virginia
Comment
Rajiv and his team bring an unprecedented level of expertise in the matters relating to immigration, and I, personally, and my organization have used their services on a number of occasions with a 100% success rate. The principal reason is their mastery of the overall process in general, but more importantly their keen understanding of the subtleties and nuances of unique circumstances that need special treatment/attention. We are gung-ho on them and have no hesitation in recommending them to anyone.
The Journey starts
Well I managed to wrestle my way through cluster-crap Dar es Salaam traffic today and made it to the US Embassy at 1:45pm and was immediately whisked in.
When I walked into the consular section I was flabbergasted by the number of people there (I could easily count 50 people) and knew I'd be there for at least 2-3 hours.
Anyway the guard who ushered me in told me to go hand my green pickup slip at the counter which I did and was told to sit and wait.
Green Card
Experience with Oath Ceremony in Islip, NY
I had my oath ceremony there a few months back. Family and friends are allowed in but make sure not to bring noisy kids with you because they may kick out noisy kids. Your "entourage" won't be allowed to sit with you though as they will be told to sit down either way in the back or where the jury usually sits.
They will give you a package with a few things in. I remember there was a passport application, a congratulation letter from President Obama, a brochure about voting, a copy of the oath and the lyrics of the Pledge of Allegiance which you will have to sing.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.