I got my 485 approved and our GC on the way. Rajiv Khanna's office was very helpful, and their guidance was always truthful and result oriented. On behalf of my wife and daughter, I am expressing my gratitude to Rajiv Khanna's team and specially all who works on my case like Mr Khanna, Mathew, Kumuda, Vani, Aruna, Heather, Subha, Raksha, Govinda. Thank you all. I must say when come to “Apply for Immigration” difference is “Immigration.com”.
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Date: 06/02/2008
Time: 2:00 PM
Place: USCIS office, Callowhill St. Philadelphia PA
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
This issue has come up several times. Here is what USCIS says:
USCIS Considerations to expedite Cases
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.
We won a case for a Ph.D. in Accounting under the Outstanding Researcher and Professor Category. This individual had over nine years of teaching and research experience. He held a position as an Assistant Professor at a prestigious academic institution. He was noted for innovative and pioneering work in his field as well as significant contributions to accounting principles. This applicant was awarded for outstanding teaching each year from his students and fellow professors.
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience.
We won a case for an Outstanding Researcher and Professor who was known world-wide for his expertise in hotel management. This applicant had over 19 combined years of industry and teaching experience. He was well-known as a remarkable professor. He served on many thesis committees and acted as a judge in numerous forums. This applicant had an extensive publication record and as a result was highly sought after to speak around the world regarding his contemporary research. He published book chapters and also obtained patents for portions of his research.
We won a case for an Outstanding Researcher who had over 23 years of research experience. She was considered one of the foremost experts in the field of medical research. She has an extensive publication record along with a multitude of presentations. This applicant was working on such illnesses as asthma, allergies and other lung ailments. Her innovative and pioneering work was recognized by the number of manuscripts accepted for publication in high impact journals.
We won a case for an Outstanding Researcher who worked for a private company. This applicant provided substantial evidence regarding the company's accomplishments and ability to pay as well as documentation of the 3 full-time researchers on staff. We were also able to provide evidence that the applicant qualified by providing his publications, patented work, membership in a prestigious professional society, extensive presentation listing as well as years of industry experience.
We won a case for an Outstanding Researcher with over seven years of research experience. This applicant received a multitude of academic awards for his outstanding work. He had an extensive publication record and authored book chapters. He was known world-wide as a leading expert in his field. Upon receipt of an RFE regarding his employment offer, additional supporting evidence was submitted confirming the permanency of his job offer. His case was approved in less than a week from Services' receipt of the response letter to RFE.
What is the basic criteria for extraordinary ability?
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Thanks to Mr Khanna, Mathew & Kumuda for all the work on my case , it was handled very professionaly & and response time from them was very fast on every matter.