Guestbook Entry for RK, United States
Name
RK
Country
United States
State
OH
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Guestbook Entry for Prasad Panvalkar, United States
Name
Prasad Panvalkar
Country
United States
State
GA
Comment
I would like to thank Ms. Shivane Sharma for her follow up with INS almost everyday for last few weeks. INS has misplaced my file and lost one of the important forms. Ms. Sharma has done a very great job by communicating with INS and at the same time giving me the status from time to time. She is very professional at her work and prompt in replying an email or returning a call. This is another Green card story: We never received any Receipt from INS after filing my I-140. Ms. Shivane Sharma contacted INS to get the status and noticed that INS cashed the check, but could not find my file. In order to track my file, INS told Ms. Sharma to get the copy of Front & Back side of the check, sent by my employer to INS. (INS prints Receipt # on back side of the check and sends it back to the bank) Ms. Sharma contacted my employer and explained the situation. My employer then obtained the check from the Bank and gave the necessary information to her. Ms. Sharma again contacted INS and furnished the Receipt #. This time INS tracked my file, and informed that they have sent the Receipt to some unknown Lawyer in Connecticut. INS also informed Ms. Sharma that they did not receive form G-28 along with the application (God knows how it was lost?). Ms. Sharma again contacted my employer, got the signature on the ‘new’ Form G-28, and faxed it to INS on very same day. Finally she contacted INS again to confirm that INS received everything required to process my application. Thank you Ms. Shivane Sharma for everything !!!
H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
Question details
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
FAQ Transcript
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
Question details
I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.
Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?
If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?
FAQ Transcript
It is recommended to maintain the H-1, H-4, L-1, L-2, etc., statuses because it provides an additional layer of protection in case of any government errors or complications with the I-485 situation. If, for any reason, the government mistakenly or intentionally targets your I-485 application, having an H-1B to fall back on can be advantageous. The H-1B status remains intact and offers continued benefits.
On the other hand, the EAD (Employment Authorization Document), unlike H-1B, grants you the freedom to choose whether to work, not work, work multiple jobs, or even start your own business. However, there are certain limitations to consider. Interestingly, the derivative beneficiary, which refers to your spouse, may have more rights under the EAD compared to your own. It's important to exercise caution and be mindful of these distinctions.
Mr. RS Khanna’s team is very efficient, knowledgeable, prompt, and I am running out of words to praise them. I had filed my I485 (May’01) in Nebraska and currently waiting for my GC. Mr.Khanna, Leila, SumanJI, Diane Lambardo are all great and prompt. I have been his client for well over 3 years. Over this period I had relied him and his team for several (non) immigration related questions and every time my call was returned within 24 hrs. Even in my dead sleep, I will recommend Mr.Khanna for anyone. Just trust him and his team, and rest assured well. Hats Off!! Mr.Khanna.