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I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/OMuYdzLJ2qQ?t=1436
FAQ Transcript:
Dear Mr. Rajiv & Team,
Thank you for taking time to address my immigration concerns and questions. You were very professional and frank. It was nice talking to you this morning.
Thanks
Balaji
Dear Rajiv & Diane, Thank you for taking time to talk with me yesterday. I was trying to make my case an O-1. Rajiv was upfront in letting me know that it was not an O-1 case. Prior to this, I also benefited from his invaluable advice, which he didn't charge anything, to have got a Back Pay for 10 months. Rajiv earned my trust with his honesty, knowledge and generosity. I would recommend him to those who are in need of professional services in immigration. Best regards, Wendy Zhang
Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.
This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).
You may pay for your N-400, Application for Naturalization, using a credit card. There is no additional fee to pay with your credit card. The N-400 is the only form that can be paid for by credit card using the G-1450, Authorization for Credit Card Transaction.
You may use Visa, MasterCard, American Express and Discover. You may also use gift cards with Visa, MasterCard, American Express and Discover logos.
I am a green card holder and received it on Oct 21, 2011. I moved to India on Nov 21, 2013 . I applied for a re-entry permit before I left USA and I have a permit valid up to Mar 10, 2016.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/OMuYdzLJ2qQ?t=914
FAQ Transcript:
Number 85
Volume IX
Washington, D.C
Immigrant Numbers for October 2015
Revised September 25, 2015
This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015, and contained Dates for Filing Applications long used by the Department of State for internal processing purposes. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. The Dates for Filing Applications sections (sections 4.B.
I wanted to thank everyone for all the helpful comments and guidance posted in this forum!
Went to the USCIS office in Manhattan yesterday for my interview at 730 am. After going through security went to the waiting area and handed my interview notice to the receptionist. My name was called by the IO at 8 am. It must have been a very quiet day and there were no more than 15-20 people in the waiting area!
My parents had their citizenship interview few days back. My father passed the interview. My mother had been concentrating more on the civics part and never went over the N-400 application. When the USCIS officer asked her about tax returns and other questions she got confused and couldn't answer then correctly as she was scared to answer them wrong. She passed the civics. On the form she was given at the end stated that she needs to be retested again for understanding language.My father has his oath ceremony next week.
I had my interview at the JFK Building, Boston. My appointment time was around 8am. I got there at 7:30. I was called in at around 9 am. It was a standard interview. I took oath to tell the truth. He asked for my GC, Passport and proof that I had registered for selective service. That is all he asked for.
We went through the N-400 first. He was very detailed. Chatted about my work in between. I had already prepared my travel log since the time of my application and he added that as an addendum to my application. After that we did the civics exams.
I would like to thank Mr.Rajiv Khanna and team specially for working on my I-140 and getting the approval real quick.
Thanks to Mr.Rajiv Khanna, Ms.Sheena Gill and team.
I got I-140 denial on my education degree, but ajiv ji and Sheena both were very confident that we can win this case from the day i received denial notice .
Special Thanks to Sheena Gill, for all the hard work did in getting my education evaluation and Clarifying USCIS about the wrong reason on which they denied my I-140.
Rajiv Khanna and his team is very quick in responding to mail ,phone call and providing solutions.
I-140 approved with in 6 working days.
I have used Mr Khanna's services many times in the past and plan to do so in the future. Excellent services provided by Ms Anna Baker and Ms Fran Fisher. Mr Khanna does not shy away from difficult cases and is very approachable and very knowledgeable. A++
Thanks to Sheena for all the help she provided with the filing of my I-140. Even with an RFE pertaining to my name, the approval came through very fast. Sheena guided me through the process extremely well. She was extremely professional through it all and invoked a lot of confidence.
Thanks to you Sheena! Have a great 2009.
Thanks to Fran Fisher for preparing case for H-1B extension and H4 for my wife. Process went smooth and we got our approval receipts in just two months.
I have read some very nice articles on your Forum and wanted to get your help on My Weird Issue with I94.
I am on H1-B Visa and my Approval (I797) is Valid Till October-2010 However My Indian Passport is Expiring on 26'th-Aug-2009. I just came back from India a week back and Immigration Officer has Issued me I94 Till my Passport Expiry.. Is thr any other way for me to Apply for I94 Extension based on Approval validity without Leaving the Country ??? or i have to leave the Country & Come back ???
Same Applied to my Wife as well Since we traveled together and went for Immigration together immigration officer Issued Her also I94 Till My Passport Expiry Date ...
Whenever CBP gives you an I-94 with mistakes on it, they can easily correct it if you just go back to the airport and request a correction. Most airports have CBP office hours. In my view, they should issue an I-94 co-extensive with your approval, not your passport. So, go back to CBP. Post your experience here for all.
Question from one of our clients:
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
To All Staff Members at the Law Offices of Rajiv S. Khanna, PC: Thank you very much for your professional, yet personal attention to the immigration concerns on behalf of my co-worker, Siddharth. It has been a very pleasant experience working with all of you. Your attention to detail and your willingness to be available for telephone calls has been a tremendous source of relief. As you know, our last experience with an immigration attorney was not so. More stress was created than was necessary. Rajiv is immeasurably knowledgeable about every aspect of immigration law. His staff members are friendly, smart and incredibly courteous. I would recommend this firm to anybody needing help with immigration processes.