I and my family received our GC stamping on June 25th,2001. I started the whole process in Oct 1998 with Rajiv Khanna as my attorney. He is a lawyer of great standing and has helped me at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no RFE's except at the last stage for an employment letter. This substantially reduces the total time of this lengthy process. I am specifically mentioning this because I have seen some of my friends stuck for years in the process because of careless paperwork. Also I had some problem regarding the evaluation of my education and Rajiv's correct strategy helped me and I could come out of the problem. I found the staff in his office in general and with a special mention of Suman Bhasin, Laila Lehman, Shivani Sharma and Diane Lombardo, very co-operative. Thanks to Rajiv and his staff.
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.
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
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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.
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
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.
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.
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 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.
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
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Hello Sir,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
4. Which ports of entry are designated for optimized processing?
1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.
Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).
If you have already attended an ASC biometric appointment, and received a second appointment notice for the same application type, please call the National Customer Service Center at 1-800-375-5283 (TTY for hearing impaired: 1-800-767-1833) to confirm that you do not need to return to the ASC to have biometrics collected again.
On January 1, 2015, E-Verify must dispose of transaction records that are over ten years old - those dated on or before December 31, 2004. E-Verify employers have until December 31, 2014, to download case data from the new “Historic Records Report” if they want to retain transaction data that is more than ten years old.
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced the launch of myE-Verify—a new website designed for employees. myE-Verify is a one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection.
Important Notice - New Application Fees: Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay the fee amounts in effect on the day they pay, with the exception of Immigrant Visa application processing fees paid domestically to the National Visa Center (NVC), which will be effective as of the date of billing.
Fees that will decrease are not refundable. If you paid a visa fee before September 12, 2014 and that fee decreased, we cannot give you a refund.
Rajiv and his team were very helpful during the entire GC process. I come from a non IT background but his team respresented my case with the appropirate attention. I would not hesitate to recommend Rajiv and his team to any friends or family.
Thanks again.
PERM Processing Times (as of 10/06/2014)
We had a tricky situation with my H1b extension denial, and a pregnant wife. I contacted Mur*** as well. She didn't show up herself, and advise was generic.
Mr Khanna was an angel. He had clear answers, next steps recommendation, and has a calming effect.
Very professional firm, and he goes above and beyond the call of duty.
Kudos to you sir. I would recommend him without any reservation.
Rohit
My wife and I received our GC within 28 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Diane Lombardo, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Leila, Suman, Lakshmi, Shivani and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Many of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.