EAD and Advance Parole was applied and Jul 8, 2004 along with I140 and I485(concurrent). Received by Vermont service center on Jul 13, 2004. Approved on Jul 28,2004. Recieved EAD card on Aug 2,2004. I saw on Web my advance parole also was approved.So EAD and Advance parole in 15 days.
Got there at 6am and there were already about 80 people ahead of us.
At 6:15 they started handing out tickets. At 7:30 we had ours.
Went inside to sit down and at 7:45 our number came up. Handed over copies of the I-765 and I-485 receipt notices (it speeds up things if they do not have to make the copies) and newly filled out I-765s (they want them).
I had a 11 AM appointment (ND-4/6/2004 at VSC) via infopass but showed up at 10 AM just in case.
1. The guard at the building entrance asked me to enter at the beginning of the Q since I had an infopass appointment.
2. In room 310, I stood in the line just like everyone else. Got a ticket at 10:30 and headed to room 900 on the 9th floor.
3. My number was called at 11 AM and I handed my infopass appointment sheet and filled out 765 form. The person at the counter asked me to wait for the number to be called again.
Today the 9th of August 2004 i went to the local immigration office of New york in order to receive the EAD card as they told me over the phone when i call earlier the day that made my application 90 . I filled a form i-539 for the v-status and a form 765 for the EAD on april 29 2004, they gave me the notice with the date 7th of may 2004 . When i arrive at the local office with my infopass apointement thing went very easy . You go to the room 310 for a number , filled out the application then went to the 9 floor on room 900 .
Rajiv S. Khanna's office was very thorough, professional, and most importantly responsive. We worked with Rena Waddell. She was very easy to work with and knowledgeable. We will definitely use this office for any other immigration issues. Elyse Lazerwitz
I would be glad to recommend Rajiv S. Khanna's law office to anyone, without any hesitation. I have successfully got approval of new H1B visa (premium processing) in a week and services provided by Rena Waddell is excellent, quick and very professional. One of the major benefit is that they exploit the past experiences through expertise of various attorneys working within firm which could reduce chances of RFE/queries from USCIS dramatically and saves time. Thank you.
One word - SUPER! They are super. It is my second time of having a very pleasant experience with these people. Everything is very professional. Their services are worth every red penny!
My H1B visa application was recently approved and the entire process with the Rajiv Khanna's Law firm was a pleasant and no-stress experience. The team was very professional and I really appreciate the prompt, friendly, to-the point approach of Ms Rena Waddell. She really gave me tips on how to fill out all the long explanations one has to give while filling out the application.She was very helpful overall.It really saved me a lot of headache and everything went smoothly. Wishing you guys the best of luck and keep up the good work. Given the present scenario regarding the H1 application process, this was a welcome experience.
I could not have got a better service with any other law offices. I had no problem and the advice I got was always timely, precise and correct. I had recommended my friends and family and they always got great advice from Mr. Khanna.Everybody in the office is always approachable and helpful. I still visit immigration.com regularly for various reasons and the effort that goes into keeping it up to date is really appreciated.
The Law Offices Of Rajiv Khanna was very efficient in processing my H1-B application, especially Rena Waddell my case manager was prompt and handled my case carefully, she always kept me updated on my case. Lastly they made my case approved in 2 months with normal processing which usually takes 4-6 months these days. I would highly recommend immigration.com.
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.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
I just got my H-1B renewed for a 7th Year through the Law offices of Rajiv S. Khanna. Rajiv, with whom, I had been corresponding on various issues pertaining to my greencard, H-1B, etc., is always accessible and extremely helpful. He is extremely prompt in responding to the email--usually in a few hours and sometimes almost instantaneous. His promptness had always helped to ease the anxiety levels. I will be always be grateful for that, THANK YOU RAJIV. I also would like to thank Richa Narang, Shivane Sharma for their work and time on my GC case. And, Anna Baker and Charu Bhagat for their time and work on my H-1B 7th Year extension. I had countless conversations with Richa, Shivane, and Anna. They are not only diligent and professional in the work they do, but more importantly all the three have a great human trait: EMPATHY. They are prompt in responding to emails and in keeping me informed of the status. My sincere thanks to all of you and keep up the good work. I have already recommended Law offices of Rajiv S. Khanna to several of my friends. And many are now his clients.