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My wife's EAD application experience

20 years ago By Chief Editor

My wife's EAD application is pending at VSC for more than 4 months now. On 91st day (Which happened to be a Wednesday), we reached Arlington office at 1.45pm. They asked us to wait in a room, after a while someone picked up her receipt and gave her a form to fill out. After 30 minutes they asked her to wait in another room after verifying the payment info. She was done by 3.15pm, so I should say it was a painless and quick procedure. She was issued EAD valid for one year.

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IEAD in Chicago

20 years ago By Chief Editor

Today, I went to the local USCIS office at 10 w jackson blvd, and got the IEAD. This office is just outside the Jackson Blue Line Subway station. They opened the doors at 6AM. When they opened the doors, there were around 50 people in the line.

They were asking for EAD, 140 reciepts, IL driving license/state ID or some postal mail to prove that you are IL resident.

Got the IEAD for 3 months. Out by 9AM.

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We went and got my wife's interim EAD

20 years ago By Chief Editor
State
NY

We went and got my wife's interim EAD and walk-in Advance Parole in NYC on 5/25/04. The application has been pending for more than 150 days.

We lined up at 5 AM, got into the building at 7 AM. We went to a room on the 1st floor, where the EAD receipt was checked, we were given a yellow sheet and asked to put the A# and name on it. We then went to the 9th floor, where after waiting for 40 minutes, we received a ticket #. They said it would take a while to do the background check, so we went to the 8th floor to take care of the AP.

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Applied for EAD at Vermont

20 years ago By Chief Editor
State
NY

We applied for EAD at Vermont. Receipt date was 2/19/2004. But we did not receive our Ead and it was not approved either. On 5/21/2004 we went to NY office, at 5 am, and went inside at 7.30 am( there was no crowd).Submitted the new application at 8.00 am. They made us to wait, telling they were doing the extensive background check until 12.30 and then after a photograph we were issued an EAD for 8 months.

In front of us there was a person whose EAD was lost in the post from Vermont was denied an EAD, asking her to call Vermont and wait.

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We filed for an EAD renewal to VSC

20 years ago By Chief Editor

We filed for an EAD renewal to VSC on Jan 30th 2004. Apparently we did not check how much VSC was back logged. EAD was expiring on 8th of April. When the Employer asked for a renewed EAD, we checked the status & realized the seriousness. We took an appointment with the local Tampa USCIS on March 19th (49th day of filing EAD). We showed all the documents to the officer, she did not allow me to utter a single word. She gave me an appointment for March 24th for Interim EAD. On March 24th Local USCIS issued an interim EAD in 10 mintues for 8 months.

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Interim EAD Issuance at Honolulu

20 years ago By Chief Editor

Today I went in because it's 91 days after my I-765 Employment app was processed. I was told to do this after phoning the 1 800 number, they told me go in to the Honolulu office and request an Interim EAD because it had not yet been approved.

When I got there, I was told that it had actually been approved May 16th ( I was also told that when I went to get biometrics the person did not stamp both my letters and do fingprint/photo for the I-765, just the I-485, so I went there again).

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Guestbook Entry for Emad Girgis , United States

18 years ago By Chief Editor
Name
Emad Girgis
Country
United States
State
TX
Comment

Hi ALL It took me sometime to write this comment, because it was hard to find the words to express my admiration and satisfaction with this winning Law office, especially my Case Team (Amrita and Seema). I come from a background that I had few failures with other offices; Needless to say, I lost both Money and Time. When I moved my case to this office, I thought it was a little more Money than I paid before. Also, the process seemed a little slow, because my Case Managers was very careful and cautious about every detail. They always said, we look at the long term implications, not to have you pass the PERM and fail in the next steps. Frankly, I felt bad sometimes because of the time spent to get everything perfect. Here come the surprise, when they finally submitted my case, I got approved within 72 Hours. it was obviously shocking unbelievable surprise. This result made appreciate they way the case was prepared and the time spent. That being said, this office worth every penny paid and more. I'm really impressed with my Case Managers (Amrita and Seema). Amrita, Seema, Thank you very much for all what you done. Looking forward to applying I140, I485 with your office. Everybody out there, forget about your law office you are using, go with immigration.com, these people know what they are doing! Thanks all Emad Girgis

Guestbook Entry for Marcos A Guevara , United States

18 years ago By Chief Editor
Name
Marcos A Guevara
Country
United States
State
Virginia
Comment

I would like to thank the law offices of Rajiv S. Khanna with getting 129f petition approved. Also with my case manager Ursula with explaining each step of the process and answering all of my questions. I would have been lost with all of that paperwork without their help.

Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

15 years ago By Chief Editor
Question details

I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.

"Proving Existence of a Job for H-1 B" published by "The Practical Lawyer", American Law Institute, American Bar Association Publication

15 years ago By Rajiv S. Khanna

Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv  and published by American Law Institute- American Bar Association, October 2009 issue of  "The Practical Lawyer".


 





 


 


 

Profession/Occupation

Guestbook Entry for Bala, United States

15 years ago By Anonymous (not verified)
Name
Bala
Country
United States
State
WA
Comment

well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala

Marriage to US Citizen with EB AOS is pending

15 years ago By Chief Editor
Question details

I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:

1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.

NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.

A legal marriage in India is fully recognized in USA.

RFE after the I-140 was approved

15 years ago By Chief Editor
Question details

1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?

2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?

1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.

2. My take is AC21 would be a better idea, although, not fool proof.

I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.

H-1 Quota Count as of 10 July 2009

15 years ago By Editor

As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Leave of absence - I-485 pending

15 years ago By Chief Editor
Question details

a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.

b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?

c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?

a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.

Guestbook Entry for Anatoly, United States

15 years ago By Anonymous (not verified)
Name
Anatoly
Country
United States
State
California
Comment

I received H1b Petition Approval. Anna, Fran and Rajiv are very professional, responsive, and friendly. The whole petition process was smooth and easy for my employer and me. Anna, Fran and Rajiv contacted us ahead of time to prompt us for details for the case. So there was no rush, we always had adequate time and were confident in the service. They guided us through the process, we perfectly professional, responsive, and punctual. This is a great service. Great work! I am very thankful and recommend Law Offices of Rajiv S. Khanna.

H-1 Approvals Without Letter from the End-Client

15 years ago By Rajiv S. Khanna

 We have been retained by several consulting companies to try to respond to their RFE's all of which require a letter from the end-client.  Many times, despite best efforts, such letters are not available.  So, as a test case, we filed an Request For Evidence is a a request from a government agency to provide further information on an issue before the government.

Nonimmigrant Visas

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