FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
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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 just got my GC approved (August 2014). I am very thankful to Rajiv, Matthew and their team for their excellent work. Prerna was very helpful and took utmost care in handling my case.
My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA)<br>
Job requirement:<br>
Education: Master’s degree, or equiv., in computer information systems or related field
Experience: At least 1 year in position offered or in design defect fixes/enhancements
I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer).
Can we show current employer India experience while filing PERM?
Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.
I have worked with Mr. Khanna's law firm over the past 4 years for my Green Card process and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision in switching to Mr. Khanna's law firm and I strongly recommend them to anyone that needs immigration counsel !
Secretary of Homeland Security Jeh Johnson will extend Temporary Protected Status (TPS) for eligible nationals of Sudan for an additional 18 months, effective Nov. 3, 2014, through May 2, 2016.
Current Sudanese beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Sept. 2, 2014, through Nov. 3, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day period begins. USCIS will not accept applications before Sept. 2, 2014.
I am very thankful to Rajiv Ji for his supporting to approve my GC.
I am working with Rajiv ji last 9 years from filing my labor to I-485 approval.
Rajiv suggestions approaching in these 9 years is very valuable and way approaching filing and there is no chance any mistakes from there end.
My GC approved August 2014. I am very thankful to Rajiv, Matthew and their team for their excellent work. Prerna was very helpful and took utmost care in handling my case.
I have worked with Mr. Khanna's law firm over the past 9 years for my Green Card process from the beginning of labor file to I-485 approved and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision i went with Mr. Khanna's law firm and I strongly recommend them to anyone that needs.
I have worked with Mr. Khanna's law firm over past 3 years for my Green Card renewal. I found the team to be meticulous and very responsive. Recently I am in India and trying to renew my green card. Mr. Khanna's team had no obligation to provide any counsel. They always made themselves available to answer the questions during uncertain times, so that I would any missteps in this often confusing process. I believe Mr. Khanna's law firm offers more than just handling of the legal process. They go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
AAO Processing Times as of September 1, 2014 |
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Form Number |
Case Type |
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.