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Guestbook Entry for VITHAL MADHIRA, United States

24 years ago By Editor
Name
VITHAL MADHIRA
Country
United States
State
KS
Comment

Thanks to Rajiv and his team. My LC was filed in Nov' 99 and got approved on Nov'12th 2000. Applying for I-140. This team is very prompt, patient, energetic and knowledgeable. The team reply to every question very carefully. Rajiv even replied to some personal immigration questions when I need to change my wife's H4 status to F1 (we went to Mexico for this). Thanks to Rajiv for all his answers and suggestions. GC is a major milestone in our life, for those who want to make a career in U.S. We need patience and above all must follow the attorney's suggestions for successfully getting the GC.

Guestbook Entry for ASHISH KHERA, United States

24 years ago By Editor
Name
ASHISH KHERA
Country
United States
State
CA
Comment

Green card experience : I would like to thank Mr Rajiv Khanna, Fidelina and their staff for all the help they provided through my Green card process. I am glad I selected them as my lawyers and would recommend others too if they want a hasle free green card processing. My Labour was done in Feb 98 and it came in under 6 months. We tried for EB2 I140 but since I did not have masters, we got an RFE. We selected EB3 as an option then but due to some confusion at the VSC side, my I140 was denied, they thought we are asking for EB2 again. My date had luckily become current at that time. Due to the quick response from Fedilina, my 140 was approved in about a week or so. That was something really extraordinary and I am glad Fidelina was handling my case. We are able to file 485 at that time, Aug 99. Got the EAD in about 3 months. But unfortunately, the dates went back. At that time, my wife’s 140 got approved in EB2 and through another lawyer. Her date was current. We were in a dilemma whether to file another 485 while earlier 485 was still pending, do CP or just wait. We finally decided to go for CP. We had our interview on 25 October at Delhi and had to wait for 2 weeks at delhi because of Name check problem. Fidelina had been nice to answer my queries every now and then through the whole process. The CP process was very smooth without any problems. If anybody has any specific question, please write to me at KHERAA@YAHOO.COM and I will be really glad to answer.

Guestbook Entry for Prithviraj Chavan, United States

24 years ago By Editor
Name
Prithviraj Chavan
Country
United States
State
KS
Comment

Rajiv's staff is well informed, prompt and very friendly. I had no problem during all the phases of processing. I received prompt response to my emails and Rajiv or his staff members were easily available to answer any questions. Further he has a real good system to organize and store documents; because of which I never had to refer to any of my old documents over the course of my 3.5 years of Green card processing. Further his consultation fees are reasonable. I would recommend his services.

Green Card through several categories

3 years ago By Chief Editor
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

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

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

3 years ago By Chief Editor
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

3 years ago By Chief Editor
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

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

3 years ago By Chief Editor

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

3 years ago By Chief Editor

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.  

Qualifications for EB-1 Multinational Executives and Managers in a small company

3 years ago By Chief Editor
Question details

I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team.  Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.

 

FAQ Transcript

You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

3 years ago By Chief Editor
Question details

My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

FAQ Transcript

 Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Impact on H-1B status of using advance parole

3 years ago By Chief Editor
Question details

H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice) 

I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.

a) Does the use of AP on returning mean the H-1B status is abandoned in this case?

b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?

c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?

 

FAQ Transcript

a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.

b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.

c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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