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Guestbook Entry for Tanvir, United States
Thank you for the help that you offered through the 'Resume Review' service. I truly apreciate your time and the directions that you gave me.
State Dept. Announces that One Millionth Visa Issued in China
Media Note
Office of the Spokesperson Washington, DC
December 15, 2011
On December 14 at the U.S. Embassy in Beijing, Ambassador Gary Locke presented the one millionth visa adjudicated in China this year. With the help of additional personnel and process improvements, Mission China has also successfully reduced the average wait time for a visa interview appointment to less than one week.
USCIS Requests Comments on Draft RFE Template for I-129 L-1 Intracompany Transferees
USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 L-1 Intracompany Transferees’ qualifying relationship of ownership and control, and evidence of doing business.
Please check the attachment to see the USCIS draft.
Questions regarding I-485
I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.
Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?
Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?
Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?
Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?
Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?
Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?
Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?
Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?
Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks
Answer 2: A visa stamp is NOT required. Proper status only is needed.
PERM: Recruitment Updates from BALCA
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
Guestbook Entry for Anand Marathe, United States
The information Mr. Khanna provided was very helpful. I am really very very thankful for his help. Regards, Anand Marathe
Restart the green card under EB-2 category
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
Visit visa and marriage
Will I get 15 days visa for US as tourist visa and in this time marry a friend who is U.S citizen and also born over there in USA, so could I be able to apply for visa extension and then apply for PR in USA?
H-4 extension for spouse and child
We had applied for H-4 extension for my wife and child (1 year) in same I-539 form. We received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daughter’s name. The I-94 in the form contains only my daughter’s number and not my wife's I-94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I-94 in the approved 797 form?
She must have a separate I-94.
Professional Experience for EB-3
I'm trying to apply EB-3 with skilled workers who have at least 2 years of experience. I worked with 1 firm for about 4 years after graduation. I would like to know all my experience from current firm does not count for my professional experience or not. And are there any alternative options to apply for green card?
Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.
DOL Updates Labor Certification Debarment List
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
Ombudsman’s Office Now Requires Form DHS 7001 for Employment Authorization Cases
The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.
Labor Dept. Advises Public on UPS Mail Schedule During Holidays
United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.
Guestbook Entry for Mohammed Sarwar, United States
Hi, For the last two months, I have been in touch with three highly experienced attorneys. Two of them are naitonally famous and charges $250 per 20 minutes. I have to say that Mr. Rajiv Khanna and his office are truely professional. Rajiv Khanna Law offices are not just trying to make money but trying to give truly professional service to the needies. Thanks a lot Mr. Rajiv Khanna and his staff.
Guestbook Entry for sachin, United States
I really thank Mr Khanna and his team from bottom of my heart for providing legal advising regarding my wifes H4 visa. It was not a straight forward case but within first few minutes of the conversation Mr Khanna was very clear on how it should be handled. GOD BLESS YOU SIR !! Keep up all your good work .
Guestbook Entry for A Kumar, United States
We have worked with Mr. Khanna's law firm over past 3 years for my Green Card process. I found the team to be meticulous and very responsive. Recently I had to switch employers while my I-485 was still outstanding. Mr. Khanna's team had no obligation to provide any counsel, since I would not be their client anymore. Despite that, they 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. It's a comforting feeling to know that you have Mr. Khanna's firm by your side.
DOL Publishes Adverse Effect Wage Rates for 2012
The Department’s H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) the Adverse Effect Wage Rate (AEWR); (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed.
USCIS Announces Changes to Stand-Alone I-130 Filing Locations
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.
I-485 FAQ
The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.
I had a brief telephone conversation with Mr. Khanna. He had reviewed my credentials prior to the appointment, seemed to be very knowledgeable regarding the subject matter and provided me with several options and alternatives. I would recommend his expertise to everyone.