Ever wondered to find an immigration attorney who not only takes interest in working with you saving your time but also knows the current immigration landscape. This is exactly how I feel about working with Rajiv and Diane they are masters in what they do they’re sincere well-versed with the current immigration landscape in the US. I could not thank them enough for the thorough analysis and guidance Through the EB1 one green card process. Also big kudos to Marty for all the work you do!! This is actually a dream team. God bless.
USCIS recently updated the following form(s):
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
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Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Number 37
Volume X
Washington, D.C
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
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· Generally someone with industry knowledge and/or software knowledge
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· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
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My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
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· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
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My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
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I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
Note: 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.
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
A USCIS memo to CIS Ombudsman responding to his recommendation states that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders.
U.S. Citizenship and Immigration Services (USCIS) issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.
United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members.
Last week we received an approval for a difficult change of status RFE. We were retained to respond to an RFE for a client who had no ties to his home country (India). Six years of his H-1 were over and he was trying to get into F-1 status. He had been working and studying in Europe before coming to USA on H-1. We presented the facts of our client's background with complete honesty and sincerity. No games (which is the way all our cases are presented). I am glad to report that as has always been my belief, truthful presentation works.
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.
USCIS will accept the I-693 medical exam form with the 06/05/08 revision date, in spite of the 08/31/09 expiration date. This will continue till OMB approves the revised form.
I would like to express my sincere thanks to Rajiv, Leslie and everyone else at the Law Offices of Rajiv S Khanna for the excellent work done on my Green Card case. We received approvals for our I-485s yesterday and are delighted! Mine was a case requiring porting of priority dates from EB3 to EB2 and Rajiv's firm did an excellent job of that. They are very response to my queries and have an excellent system in place to support us thru all phases of the GC process. They are also cutting edge in terms of using technology. Excellent firm and would definitely recommend it. Thanks!!
Hi Rajiv, I want to take this moment and offer you my utmost gratitude and thankfulness for your support and cooperation in my Green Card process. My case was little complicated as I had another I-485 with another lawyer with different job descriptions but same company. But with your expertise there was no RFE . This has been possible by the perseverance and dedication that was offered by your office. And I want to specially thank Amrita who has been exceptionally helpful to me for all these years. I must have contacted her zillion times for questions and concerns that never left me alone. But she always maintained her professional outlook and gave me the best guidance. This entire immigration process was only possible through your support. I will highly recommend your law firm for all immigration matters. Its the best indeed. Regards, Ashish Agrawal
An advance copy of technical changes contains a correction to the H-2B labor certification process. To be published in the Federal Register September 3, 2009.
The Final Rule re-engineers the application filing and review process by centralizing processing and by enabling employers to conduct pre-filing recruitment of United States (U.S.) workers.
My company (an LLC) is filing Chapter 11 Bankruptcy to restructure debt. They are planning to emerge out of Bankruptcy filing as a "C corp" company. We were told that there wont be any interruption to the day-to-day business.
1. How does it effect my H1B visa and GC application (filed I-485 - pending)?
2. Do I need to re-apply (transfer) H1 B to the new company or can I send an amendment?
3. Do I need to file AC 21 portability or send an amendment to pending I-485 application?
1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.
2. An amendment should be filed, though it is debatable if it is required.
3. In my view, AC21 port is easier.
As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
To qualify for one of the U.S. Customs and Border Protection (CBP) Trusted Traveler Programs, all applicants must voluntarily undergo a thorough background check against criminal, law enforcement, customs, immigration, agriculture, and terrorist indices to include biometric fingerprint checks, and a personal interview with a CBP Officer.
Hello everyone Thanks to everyone in the law Offices of Rajiv S. Khanna, particularly to Amrita Ji, Rajiv Ji, Mathew and Rita. Amrita Ji has been very patient in explaining the process from the very beginning. My GC process started in the old labor process. Still I got it after about five and a half years of efforts - which is pretty impressive. Thanks everyone, once again. Regards Vineet
My wife and I got our Passports stamped in San Diego, CA with our I-485 approval notice. Let me try to SQUEEZE in an approx. 750-day history (9/01/99 till date) into 4 paragraphs. The whole GC process through your offices was a REAL PLEASANT experience. I am sure that with your guidance, you and your team will scale NEW HEIGHTS with EASE and STRIDE, and HELP a LOT of people. I would like to thank all of your team members. In particular, I would like to mention the DILIGENCE and PREOFESSIONALISM of Diane Lombardo, in praise of which I apologize, as I am unable to get the RIGHT words. I ENVY your and your staff's CARE, PUNCTUALITY, CONCERN and UNDERSTANDING. I was THRILLED when Suman Bhasin returned my voice mail on Saturday. Also, I am really AMAZED at how you can respond to emails in spite of your busy schedule. Also the immigration forum (http://www.immigrationportal.com) is a NOVEL and WONDERFUL idea. You have once again proven your INNOVATIVENESS. Thanks a lot to you Mr. Khanna and your PROFESSIONAL team. Friends, if you need to get the job done right, hire Mr. Khanna. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. Thanks