I received my Green card approval letters. I am thankful to Mr Khanna and his team for giving all kind of help during my Green card.I am strongly suggest Mr Khanna for immigration related needs.
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.
ICE FAQs on the Administration’s August 18, 2011 announcement regarding a new process to ensure that immigration enforcement resources are focused on high priority cases.
The Department has replaced a PERM program Frequently Asked Question (FAQ) regarding the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for College and University Teachers as specified under 20 CFR 656.18.
Please check the attachment to read the FAQ.
Dear Friends and Fearfuls! This is the message I posted on my Facebook Page after speaking with Rajiv for the first time. (and before I knew about this opportunity to post comments on his own page.) I felt it was so important to let other people know that there is someone like this who is actually practicing law, much less IMMIGRATION LAW! Hooray for the good guys. One more in the camp. --- FB Message: If anyone you know needs a good immigration attorney, I encourage you to speak with Rajiv Khanna. Riajiv has an on-line blog which is incredibly helpful and a FAQ page that is so informative that I found my self reading pages of it that weren't even related to my questions. I was very struck by his ability to communicate in layman's English and his understanding and compassion for people with problems. When I spoke with him by phone, he shared his philosophy. He said (in essence) "We tried to figure out how much we could give away without it hurting our practice, and we discovered we could give away almost everything." I'm sure this doesn't mean the man works for free--but it does seem his career is motivated by compassion and generosity--TOO RARE in the legal field as we all know. Rajiv has a gift for simplifying the complicated and speaking to the person. In addition, he doesn't "work" on Fridays. Instead, he dedicates one day a week to community service and helping people by phone, answering questions, and trying to find quick solutions. AMAZING! Especially in today's very complex world of immigration. Office phone # 540-886-6321 in Staunton, VA (suburb of DC) Competent, Quick, compassionate, hopeful, follows-through, finds the solution--I am very, very impressed. And last but not least, you come away from speaking with Rajiv feeling smart, not stupid. Also, so rare when it comes to lawyers. Many thanks, Rajiv. Susan
This memorandum provides field guidance to all USCIS employees about their responsibilities regarding the priority processing of Form N-400, Application for Naturalization, when filed by applicants who will soon loose supplemental Security Income(SSI) benefits because they have reached their eligibility time limit.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations.
USCIS policy memo on the self-petitioning eligibility of a battered or abused stepparent or adoptive parent of a U.S.C., and the eligibility for VAWA relief after termination of a step-relationship.
Please check the attachment to read USCIS policy memo.
I am working in a Federal Gov't Agency, and in the near future leaving for Frankfurt, Germany, for a conference, and with a plan in mind to fly to USA via Germany after my conference is completed. My question, here, is that whether I can use my US visa, which is valid up to Apr 06/2012, whereas the passport has already expired by last May 23/2011, and due to be replaced by a new one.
You will need an unexpired passport to enter USA. People in your situation carry both the new and the old passports.
Regarding EB-2 application, which is more likely to be approved (or faster), the Master's equivalency (BS graduate to be evaluated in a university to be master's equivalent) OR the 5 years progressive experience? There's only one Occupational Therapist that I know personally who was approved and it was through the Master's equivalency (she didn't even have 5 years experience). Also, would it rely/depend on the employer's capability to support documents or does it also depend on how meticulous the lawyer is with the details to be submitted in the USCIS?
It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.
If somebody is without status in U.S.A can the person apply for investment visa?
Yes, of course. Especially when you are going through a regional investment center.
I have just received my BSN and I'm currently awaiting certification from California. Will actively look for job once certification is approved. Have F-1 visa and just received OPT for a year. Can I qualify for "green card for nurses" after OPT period is over if already in country and having matriculated in the US? Any other recourse for permanency?
You will have several years of wait in the green card process.
Mr. Khanna gives clear, useful advice. I have consulted on the phone twice, and on both occasions was very satisfied and very happy.
U.S. Citizenship and Immigration Services (USCIS) published a final rule in Federal Register that establishes a Transitional Worker (CW) classification for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible to work.
In response to my rather urgent queries submitted online, Mr. Khanna offered me a free phone consultation. He articulated his advice in a manner that provided a clear understanding of the general (ideal) approach to immigration through marriage and then shared his professional opinion on my case in particular. I appreciated his straightforward approach and willingness to share his opinion on cases that warrant the need for legal counsel. I would highly recommend Mr. Khanna to friends and colleagues in need of immigration-related counsel.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed rule governing the Special Immigrant Juvenile (SIJ) classification.
Currently, certain children present in the United States may be eligible for SIJ status if they are:
Rajiv gave us a very clear picuture of our legal situation for GC and helped us a lot. He is very direct and precise. His firm also gave us documents which was very useful. If someone wants a legal opnion or an attorney Rajiv is the right guy !!
U.S. Consulate General, Mumbai resumes H and L visa processing The U.S. Consulate General, Mumbai is pleased to announce the resumption of interviews in Mumbai for H and L visas. The H and L visa categories are petition-based and enable a beneficiary to work legally in the United States. In 2010, Indians applicants received 65 percent of all H1B visas issued worldwide. |
The activity went smooth. Mr Khanna provided assistance in obtaining the visa for myself and the family.