I would like to thank Mr. Khanna and his team members esp. Suman, Leila and Diane Lombardo for the great services they have provided to my family. We started our GC process two years ago and got approved in Sep '01 and received card in Dec '01. Applied under EB2 RIR.
I would like to thank Mr. Khanna and his team members for the great services they have provided to my family. My wife and I started our GC application three years ago and got approved last month. It's EB2 RIR.
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
Number 38
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60720-60721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25302]
---------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB61
My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?
If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.
I am Indian citizen, did Nursing accelerated bachelor from accredited university (4yrs course finished in 2 yrs)in USA, RN licensed for NY/NJ/VA compact states ,for H1 and Green card. Do I need visa screen certificate?
"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.
As always Mr. Rajiv Khanna was very thorough in his assessment and advising the right approach. I would recommend him any time for any immigration related matter. Thanks Mr. Khanna for you help.
My Sincere thanks to Rajiv S Khanna Sir and staff - Anna, Judi, Fez and Jagbir for helping our critical case in getting us back on status. Special thanks to Attorney Jagbir for services and advice. Team did an excellent job in preparing our documentation and Brief. I strongly recommend Rajiv Sir and his team as they have dealt with a very wide range of critical issues and had a great success. I wish Rajiv Sir and his team continued success.
I had a question regarding my PERM petition. Rajiv graciously offered me a courtesy call to answer my question. As I was working with Rajiv's team in the past couple of months, their response was excellent. Thanks to Rajiv and Heather for their assistance. I would definitely recommend Rajiv's firm for any immigration related work.
USCIS would like to inform stakeholders that, effective Sept. 12, 2011, we began sending original I-797 receipt and approval notices directly to applicants and petitioners. Copies of the notices are being sent to attorneys or accredited representatives, if a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is on file.
The 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains valuable information on State Employment-Based Immigration Profiles, Permanent Education Certification Statistics, H-1B Education Certification Statistics and Country Employment-Based Immigration Profiles. To read a copy of the 2010 Annual Report please check the attachment.
In light of the Department's recent decision to postpone the effective date of the Wage Rule until November 30, 2011, DOL published this subsequent Federal Register Notice to provide guidance to those employers who received supplemental prevailing wage determination that have now been delayed.
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62134-62141]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25900]
---------------------------------------
DEPARTMENT OF STATE
[Public Notice: 7637]
Bureau of Consular Affairs; Registration for the Diversity Immigrant (DV-2013) Visa Program
AGENCY: Department of State.
ACTION: Notice.
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I am a legal permanent resident for 14 years; I would like to know what I need to do to ask for my brother to become a permanent resident or green card. He’s here in U.S visiting me with his visa. He is 27 years old and not sure if I am eligible to request it.
You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin
I already completed 6 years of H-1, approved I-140. if I get laid off and change my status to H-4 can I change my status to H-1 after 1 year and still use my previous priority date and in that situation will I get H-1 approval for 3years? If I decide to pursue my further studies and change my status to F-1, and after my graduation or during my study, if I find a new employer can I get h1 approval with my old I-140 since I already completed 6years of H-1 and didn't leave country physically for 1 year. Will it be an issue?
In order for you to reset the 6-year clock on H-1, you have to be physically outside USA for one year. You can, however, get H-1 extensions continually for any employer if your I-140 is not revoked by the old employer or by USCIS.
I have a Christian band, and we have 2 CDs out for sell already, one of our singers would like to know how to obtain a green card with our band, is this possible?
A green card through work is unlikely unless either he/she has a full-time job offer in her field or is nationally/internationally recognized.
Hi everybody.. Thanks to excellent work by Rajiv and his colleagues, we received our GC in about 10 months - filed 485 in Jan01, approved in Nov01 EB2 RIR. There is no doubt Rajiv & team are the best- one can feel assured about the entire process - we got step by step explanation of the entire process, the documents that will be required, sample of all affidavits that may be required. We just provide personal and work info, Rajiv's office completes all paperwork and send them for your signature - very quickly by Fedex. Diane is very thorough and a pleasure to work with. We had no RFE's but had to file I140 amendment for company merger. Everything went on smoothly, thanks to Rajiv's staff and their solid preparation. Entire GC process started in Sep 99 to approval in Nov 01. Great job Rajiv. Once labor was approved, we had info as to what we can expect in the I140 and I485 process. All we had to do was fill in our part and leave the rest to RSK's office. Rajiv is so easy to reach as is the person working on the case. Prompt response to your queries and no-nonsense communication are other highlights one can find when working with Rajiv. In closing we have no hesitation in recommending Rajiv Khanna to look after your immigration needs. Just look at how many folks felt happy working with Rajiv. Thanks to his famous website immigration.com and the various links (the forums section is my favourite) he has surely helped so many of us to successfully complete the long journey to residency. God Bless.