Media Note
Office of the Spokesperson Washington, DC
December 15, 2011
On December 14 at the U.S. Embassy in Beijing, Ambassador Gary Locke presented the one millionth visa adjudicated in China this year. With the help of additional personnel and process improvements, Mission China has also successfully reduced the average wait time for a visa interview appointment to less than one week.
USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 L-1 Intracompany Transferees’ qualifying relationship of ownership and control, and evidence of doing business.
Please check the attachment to see the USCIS draft.
I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.
Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?
Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?
Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?
Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?
Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?
Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?
Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?
Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?
Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks
Answer 2: A visa stamp is NOT required. Proper status only is needed.
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
The information Mr. Khanna provided was very helpful. I am really very very thankful for his help. Regards, Anand Marathe
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
Will I get 15 days visa for US as tourist visa and in this time marry a friend who is U.S citizen and also born over there in USA, so could I be able to apply for visa extension and then apply for PR in USA?
We had applied for H-4 extension for my wife and child (1 year) in same I-539 form. We received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daughter’s name. The I-94 in the form contains only my daughter’s number and not my wife's I-94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I-94 in the approved 797 form?
She must have a separate I-94.
I'm trying to apply EB-3 with skilled workers who have at least 2 years of experience. I worked with 1 firm for about 4 years after graduation. I would like to know all my experience from current firm does not count for my professional experience or not. And are there any alternative options to apply for green card?
Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.
United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.
Hi, For the last two months, I have been in touch with three highly experienced attorneys. Two of them are naitonally famous and charges $250 per 20 minutes. I have to say that Mr. Rajiv Khanna and his office are truely professional. Rajiv Khanna Law offices are not just trying to make money but trying to give truly professional service to the needies. Thanks a lot Mr. Rajiv Khanna and his staff.
I really thank Mr Khanna and his team from bottom of my heart for providing legal advising regarding my wifes H4 visa. It was not a straight forward case but within first few minutes of the conversation Mr Khanna was very clear on how it should be handled. GOD BLESS YOU SIR !! Keep up all your good work .
We have worked with Mr. Khanna's law firm over past 3 years for my Green Card process. I found the team to be meticulous and very responsive. Recently I had to switch employers while my I-485 was still outstanding. Mr. Khanna's team had no obligation to provide any counsel, since I would not be their client anymore. Despite that, they made themselves available to answer the questions during uncertain times, so that I would any missteps in this often confusing process. I believe Mr. Khanna's law firm offers more than just handling of the legal process. They go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances. It's a comforting feeling to know that you have Mr. Khanna's firm by your side.
The Department’s H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) the Adverse Effect Wage Rate (AEWR); (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.
My wife and I got our Green Cards through the Law Offices of Rajiv S Khanna. Every single employee who handled our files starting with the Labor Certification through the I-140 process and the I-485 application was a pleasure to work with and was extremely professional and helpful. I can definitely see why 'The Law Offices of Rajiv S Khanna' has such a great (and well deserved) reputation across the US.
The team at immigration.com is always very helpful and responsive . They guide you well on each step of the GC process. Thanks to you guys I got my green card this year in August 08.
Thanks for your team's excellent work in helping me get my EB2 Green card. I have always had quick and to the point answers to all my queries from you as well as Rita/Sheena. I especially wanted to mention the extra effort put in by your firm to have my case filed in time on July 2nd 07 as well as the time spent in reconciling my two different priority dates. I will definitely avail of your services in future whenever needed.
After having my case botched up by a local lawyer, I restarted the process by retaining the services of the Law Offices of Rajiv Khanna. With just about a year remaining on my 6-yr H1 period, the Law Offices was able to help me file an LC just in time to be eligible for n-th year H1 extensions. During the Aug 07 filing crush, despite an error on my part, Prerna displayed great patience in accepting my 485 packet only a week prior to the Aug 17 2007 deadline. The 485 was filed on Aug 15 2007 and I received the approval notice and the plastic card last week. I highly recommend this law firm - their professional treatment of clients (both petitioners and beneficiaries) and Rajiv's empathetic responses to questions on the ForClients website really makes life easier for those going through this process.
Hi Rajiv, Mathew and Prerna,
Thank you so much for your efforts and support during the entire green card process.
Previously, I had selected CP process for the final stage. Due to fiasco with PD date in last June, Rajivji called me personally and suggested me to go with 485 even though I had selected CP process. It was the perfect decision at that moment. It took me exact 1 year to get the consular interview. I received the interview letter in August and since my wife is pregnant it was impossible for us to fly to India.
And I received the good news in 1st week of Aug through 485 process that card production is ordered.
Special thanks to Mathew Chacko, Prerna for their excellent support.
Thank you Rajiv, Mathew, Richa, Prerna, Bharathi and everyone in team for handling our EB2 GC so smoothly. We did not get any RFE and all thing went very smoothly. All team members were very professional and courteous and made sure all paper work go completed and reviewed many times before final submission.
RK law office is the best and I would recommend strongly to everyone. Thank you for doing great work.
Vikas and his team did an outstanding job and meticulously guided us through the process to quick success. Thanks.
Thank you for the help that you offered through the 'Resume Review' service. I truly apreciate your time and the directions that you gave me.