They were really good in... - delivering the process well - presenting my case - securing & covering all the corners - Had the knowledge, experience and 'know-how' that made it a successfull deal.. Thanks a lot! - roopal.
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.
Thanks to Mr. Rajiv Khanna's team for going through the long process of Green Card. I got my green card last week. Especially my thanks to Mr Mathew Chacko and Mr Vijay Durgam. They are so helpful in my case.
Your team was very helpful, right from start to finish. I am definitely going to come back to your office for future immigration needs. Thank You for all your help.
I got Mr. Khanna's Reference from a friend of mine as Immigration Lawyer. Since my first discussion,and then applying for H1-B visa for one of my employees, Mr. Khanna and his staff has been exceptional in response, knowledge, promptness and understanding. To say the least our employee got the H1-B visa and everybody is so happy, that all our future work needed for our company on immigration question will be done by M. Khanna's office.
Awesome work, we are regular clients of their law firm and each time the experience is the same: Helpful, fast and APPROVALS!
Rajiv is an expert on Immigration Laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. Rajiv has an excellent team in Mathew and Heather. They are very knowledgeable, proactive and understanding. I highly recommend Rajiv and his team of Mathew and Heather as your case managers.
Your team is very professional, diligent and has very good attention to details. Everybody there including Vikas, Anna, and Fran were very punctual and responded to our queries promptly and guided us through every step in a professional manner. Even after getting a RFE, they came up with good solutions to resolve the issue and get the application approved. I will definitely refer your firm to my friends and colleagues.
I received our GC within 16 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on immigration laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or in completion about the paperwork done under his guidance which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Mathew, who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Heather, Judi and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. I will recommend to all of my friends and everybody I know to go through Rajiv S. Khanna’s Law Firm. We are thankful to Rajiv and his staff.
Rajiv, Suman helped and encouraged me when my 140 was denied even after filing the amendment to treat it EB-3 . They were very prompt, knowledgeable and helping . I strongly recommend Mr Rajiv Khanna for any immigration related work
Rajiv Khanna's office is handling my Green Card process and in general, his entire team is very responsive and provide a good support. I received an RFE on my I140 petition, with very peculiar queries. Sheena Gill took the responsibility of compiling the response for the RFE. She did a great job in following up and compiling the evidences and gave me very good suggestions. She was prompt in responding and provided necessary information to me to take the appropriate steps. It has been great to work with her. Her dedication, effort she expends are great. Great Team.
I received approval for my I-485 adj of status for me and my family on July 21,2008. I knew about Rajiv and his team from my H1 transfer, LC and I-140. Now one more chance for me to thank Rajiv and his team for getting my GC approved. I can proudly mention that my case was in a good hand. Rajiv a kind-hearted and knowledgeable person who handles the cases very cleverly. We get good advices from him always. I also have to mention that Rajiv has a very good team in his office. They also act immediately and response quickly for all our issues and questions. I understand all his team people are good in providing a good service to clients. Especially I would like to thank Attorney Mathew Chacko, who is a very good man personally and officially while handling my case. Mathew acted very quick and responded my questions immediately without any hesitation. Every time I get upset Rajiv and Mathew only convinced and encouraged me. I really thank other team members Subha, Prerna, Bharathi also for their immediate and quick action every time. I strongly recommend every one to go through Rajiv's Office for you immigration process. He and his team not only act as an Attorney's Office but they acted as a very close family member to get GC and other process for us. I cannot forget Rajiv and his team in my life time. They lighted my future with brightness. Once again my heartfelt thanks to Rajiv and his team.
Perfect and straight guidance given by Lawyers/persons handling my case, help me achieve my Labor certification. Great Team. Professionalism is KEY here. I would recommend others to Rajiv Khanna/Vijay Durgam who handled my case.
We received our approvals. A special thanks to Leslie and Heather for supporting us through the entire process. They were very responsive, knowledgeable, and took prompt care of all our questions and inquiries right to the last few days. Mr. Khanna has a great team in Suman, Heather, and Leslie. Thank you for all your help.
Should H-1 be renewed while the AOS is pending?
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Rajiv, this month’s visa bulletin shows our category is current. What does this mean for people who have already applied for 485. Have AP and EAD. And now their dates are current again? Does it mean they will get a GC via mail? What if I haven’t had my FP done yet?
As of July 2008, this is how the system works.
First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).
Rajiv, this month’s visa bulletin shows our category is current. What does this mean for people who have already applied for 485. Have AP and EAD. And now their dates are current again? Does it mean they will get a GC via mail? What if I haven’t had my FP done yet?
As of July 2008, this is how the system works.
First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).
The attached document explains the criteria.
I tried 2 different attorneys before employing law offices of Rajiv Khanna, one attorney took money but didn't even bother to call me and other who wouldn't fill the basic information properly before filing the application for LC. Myself and My wife, we got our passports stamped yesterday (11/21/2002), the whole process took us about 2 yrs and 1month without any problem or query from INS. Working with the team of Rajiv Khanna was PLEASANT. Being a professional myself, I am really pleased with their DILIGENCE, PROFICIENCY, CONFIDENCE and EXPERIENCE. Even though my company messed up in making monthly payments, Ms. Lakshmi Kompella, Ms. Diane Lombardo and Ms. Suman Bhasin gave me an opportunity to clean it up without holding up the processing of my application. I am thankful for their CARE and UNDERSTANDING. Ms. Leila Lehman are praise worthy too, for all their support and PERSONAL attention given to my case. Thanks to the whole team for making the process EASY and PLEASURABLE. If the job needs to be done RIGHT, this is "THE TEAM".