Dear Mr. Khanna: My labor case is certified!!! I am so excited! I would like to thank you and all your fantastic crew for the great job you do. I greatly appreciate all your help and support. Thank you very much and have a great evening!
Dear Rajiv, Leila and All, Let me thank you all for such and excellent work done by all of you for my permanent residence application. I am so happy to thank you again and again for wonderful task. With God's grace, I got my permanent residence application approved by consulate general of America at Bombay, India on 27th Feb, 2001. I am really very impressed by good work of your esteemed office. Whole process took place within 14 mos of time. Thanks to great work of you and especially Laila, Richa, Suman and Vijay. I am very much convinced now that any Immigration related work in future, I will be not going anywhere but at Rajiv's Khanna' office. Thank you very much Rajiv. With all respect, Sincerely, Vipul Amin.
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?
Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions.
Really appreciate you taking out time for this kind of questions.
FAQ: Discrepancies In Date Of Birth Information
FAQ Transcript
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Got my I-485 approval on March/26/2001, less than 2 yrs from when the labor certification application was sent in. I would highly recommend Rajiv Khanna to anyone looking for an immigration lawyer. Rajiv and his colleagues were all very efficient and prompt in preparing and filing the documents. Whenever I had any questions, they always replied promptly and explained everything clearly. Thanks a lot to all of them!