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Green Card through several categories

3 years ago By Chief Editor
Question details

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.

 

FAQ Transcript

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

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

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.

Leaving employer while an I-140 is pending

3 years ago By Chief Editor
Question details

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.

FAQ Transcript

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

Extension of EAD for H-4 and EAD for L-2

3 years ago By Chief Editor
Question details

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.

FAQ Transcript

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

Guestbook Entry for Rajeev Vanmali , United States

17 years ago By Editor
Name
Rajeev Vanmali
Country
United States
Comment

I want to thank Pramita for her good work. I really appreciate the level of service you have provided to me during last 4 months of LC filing . I am also amazed with the fast and accurate quality of commucation provided to my all queries by you.

I hope I will continue to get same level of service for next steps from Rajiv Khnana law Office.

Guestbook Entry for Sri, United States

17 years ago By Editor
Name
Sri
Country
United States
Comment

I was in a difficult situation with a missing labor certificate, pending I-140 due to that and fighting with DOL, Mr.Khanna's office did an excellent job especially Mr.Jitesh dealt it through every possible opportunity and finally got it resolved by taking it through lawsuit against DOL. This shows that their experience counts while dealing with typical cases and troublesome situations. There has been a great communication through email on every step and effort to get this resolved. I personally thank Mr.Khanna, Suman, Rita, Amrita, others that have got involved and Jitesh.

Guestbook Entry for Nirmal Patel , United States

17 years ago By Editor
Name
Nirmal Patel
Country
United States
State
IL
Comment

I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didnt have much time to get through my visa process. But Mr. Khanna & his team adviced me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.

Guestbook Entry for Anil R. Pai , United States

17 years ago By Chief Editor
Name
Anil R. Pai
Country
United States
State
CA
Comment

I have been using the services of The Law Office of Rajiv Khanna for a while now. Labor certification in my case was recently approved, following conversion to RIR. The window for conducting recruitment and preparing the package was small, only 4 months. In addition, I was away for a month on vacation during this time. However, with my employer's and Vijay's help, I was able to complete the recruitment process on time. Vijay was very patient and professional dealing with my employer and me, despite some delays at my end.

Guestbook Entry for Anonymous , United States

17 years ago By Chief Editor
Name
Anonymous
Country
United States
State
VA
Comment

In spite of the fact that my case was closed mistakenly by backlog center, Rajiv Khanna's team were great in communicating with backlog center and was successful to reopen my case. Finally my labor got certified. My special thanks to Vijay and Mathew for working on my case and handling my frustration patiently, responding to me every time I had questions. Even when I had to consult Mr Rajiv Khanna, he was available to talk personally with no extra cost with his expert suggestions. I am really grateful to each and everyone at your office.

I honestly feel the fee we pay is nothing when you compare to the services we get from Rajiv Khanna’s office.

I sincerely suggest you folks better spend little more money and be in safe and experienced hands like Rajiv Khanna. Its all worth while. Immigration is a long and complicated process and you need expert suggestions all the way till the end and I don’t think anyone will handle better than this folks.

If you don’t believe me, Check yourself, you even get a free phone consultation from Mr Rajiv Khanna where as others charge you big time per hour….

Thanks again!

Guestbook Entry for Vijay Kelwadkar, United States

17 years ago By Chief Editor
Name
Vijay Kelwadkar
Country
United States
State
FL
Comment

I am very much impressed with the professionalism of Richa Narang, one of Mr Khanna's staffers. She was very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I used the services of Mr Khanna's firm to file for Green Card through labor certification (EB2 Non-RIR) in Oct' 2003. In Jan' 2007 the Department of Labor came back asking us to convert non-RIR to a RIR application. Mr Khanna's firm supported me with documentation, news paper ad details and answers to lots of my queries. The RIR application was mailed on 03/29/2007 and I received a notice from US Department of Labor on 04/26/2007 that my labor has been Certified. I really appreciate the hard work put in my Richa Narang and her team. Hopefully the rest of GC process would be quick. I highly recommend Mr.Khanna's office and staff for all immigration purposes. Keep up the good work. Thanks

Guestbook Entry for Ravikumar , United States

17 years ago By Chief Editor
Name
Ravikumar
Country
United States
State
Virginia
Comment

I would like to sincerely thank Rajiv S. Khanna and his team for doing a great job. I got my Perm Labor and I140 cleared in a very short period of time.
I would specially like to thank Mathew Chacko, Pramita Shidhore and Rita Dhakal who were very helpful to answer all my queries and the professionalism with which they handled my case.

Looking forward to filing my I485.

Guestbook Entry for Nirmal Patel, United States

17 years ago By Chief Editor
Name
Nirmal Patel
Country
United States
State
IL
Comment

I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didn't have much time to get through my visa process. But Mr. Khanna & his team advised me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

3 years ago By Chief Editor

Release Date 

USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.

The following measures may be available on a case-by-case basis upon request:

USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures

3 years ago By Chief Editor

Release Date 

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.  

Qualifications for EB-1 Multinational Executives and Managers in a small company

3 years ago By Chief Editor
Question details

I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team.  Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.

 

FAQ Transcript

You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.

 

Note: Where transcribed from audio/video, 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.

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