USCIS Q&A on Pending Employment-Based Form I-485 Inventory
NOTE: The questions/answers below refer to the attachment. Please open the attachment and then read this article.
Q: Why is the wait so long for my employment-based green card?
Q: Why is the wait so long for my employment-based green card?
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
My father in law is a US citizen.He went to India in january 2009.There one of his relative register a false case against him and the Punjab police took away his passport from him.Then the case started in the court.His passport is in the hands of police till now.The judge is just giving him dates.how can he get his passport back? He is still in India.
I checked with Rajiv. He said that a passport is ultimately the property of the issuing government. Punjab police will probably not be able to hold the passport beyond a certain time. We do not practice laws of India (US only). They need to discuss this with local counsel.
It tooks around 827 days.
Filed in TX and later moved to Ohio.
letter for interview was issued to me and my wife, but duing interview they asked kids to be present, So please make sure kids are with you. Asked for six fmily photos with kids and some school reports( Grades and mark or award) for the file - Please consider this to be with you, during interview.
Thanks...
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Here is my recent H1B stamping experience (early August, 2003) in U.S. consulate in Calgary, AB.
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Based on many posts by users of these boards, I’ve decided to write-up a fairly comprehensive posting regarding ability to pay issues and how to overcome RFE’s, Denials and appeals.
Background:
Law governing ability to pay – 8 CFR 204.5(g)(2)
It was Wonderful Experience with The Law Firm. Extraordinary Work done by the firm especially Rajiv,Leila,Vijay and Diana Lombardo.I really would like to Thank you all for all support you gave me during my GreenCard Process. I will Highly recommend to go with this Firm for any kind of BCIS Processing.
I recommend Law offices of Rajiv S Khanna for H1B/H4 visa related tasks. Staff is thoroughly professional and patient. The aptly respond to any trivia. My case was filed as premium processing and was through in a week. Special thanks goes to Charu and Rena.
Finally,finally,finally............
I got the GC, ending the long wait...Even though the journey was long ,the Friendly office of Rajiv S.Khanna(sorry to tweak the name) helped it to be smooth by taking care of all the minute details. I felt like a strong manager for having delegated an important work in my life, to a highly professional bunch and just went on with my life without worrying about anything. I was fortunate to meet many in the group in person.They were even more friendly and helpful whenever I went to their office.
As we all know one of the important topic in Desi gathering is GC and I was always proud of saying that
I am being taken care by Rajiv Khanna and here afterwards I will proudly say that I was taken care off by the "Friendly office of Rajiv S.Khanna"
Above all let me ask Leila something. "Leila, your friendly attitude and that wonderful gracious smile all the time...is that Gods special gift for you"
Me & my wife got GC approved on Aug'4th 2004. I got the RFE for my I-140 and Mr.Khanna team handled the case in a very caring manner,they did very good documentation and it got approved with in 30 days of sending the RFE. I really appreciate Mr.Khanna and his team for helping me out in getting my GC. Thanks again for each and every one who handled my case in Mr.Kahanna's team.
I got my L1A extension approved during April 2004 through Rajiv & Savita. I traveled out of country and reentered in June 2004 using my old visa. But encountered problems on my new I-94 dates and was very panicked. So the 1st email and phone call was to Savita and it was followed up by her, Charu & Rajiv personally. I can't believe that I applied for my visa revalidation by post on 8th July and got the stamping on 2nd August. Less than 3 weeks and it's a miracle. I take this opportunity to thank Rajiv, Savita & Charu for their kind advice and guidance. Great Work and I am obliged.
Thanks to everyone and especially Charu and Ursula for their work on my H1-B. I really appreciated the fact that I could ask questions and get answers all the way throughout the process and I would really recommend your services to anyone!!
Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.
Published by: The Economic Times: March 30, 2023
https://economictimes.indiatimes.com/tech/technology/us-court-dismisses…
Quotes and Excerpts from Rajiv in the article:
The challenge to the validity of H-4 EAD program was dismissed by court. #immigration #H4EAD
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.
Release Date
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.
I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)
This is a pertinent question. I don't think you should go for visa stamping if you have been laid off. If you do go, you should make it clear to the consulate that you have been laid off. However, under the law, you have a 60-day grace period during which you intend to apply for another job. I don't think it's going to work like that. I don't remember the details of the regulation off the top of my head, but I think there might be some restrictions against travel.
An offer letter is not good enough just to get the H-1B approval. Then, I don't think there's a problem with traveling.
Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?
You should talk to an employment lawyer.
Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
---|---|---|---|
Cumulative total of all completions | 88.20% | 932 | |
I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 5 |
I-129F | Petition for Fiancée | 91.67% | 12 |
I was in need of direction and help on my immigration complications and Mr. Khanna was very patient and prompt in explaining the entire case and steps involved to me. I highly recommend their law office to all who need help and advise related to immigration.