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FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J
Release Date
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USCIS recently updated the following USCIS form(s):
1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?
I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.
As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an additional protection. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My son turns 21 years in August, and as per the August Visa Bulletin my EB3 Downgrade petition is current. Does this means my sons is covered under the CSPA and eligible for EAD renewals?
There are two dates based upon which green card applications move one date is the date for filing and the other date is the final action dates. Your CSPA protection is covered by the final action dates; the visa bulletin dates when they become current. Dates for his final action dates must become current before he turns 21, if they slide back again, that's not a problem but for one time they must become current. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
It was great working with Rajiv, Anna, and Aneet. They addressed all my queries. We went through all the processes, and every week we were updated about the progress and followed a path. The team is not money-minded, so ensured that everything is submitted in a detailed manner. They explain everything why it is done, so you understand it before putting in the effort and money.
5 stars for promptness, availability, quick response, attention to detail, knowledge, and experience.
1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?
2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?
1. Always tell the truth.
2. It is okay to say I don't know. Also, if you are struggling to reply you can say I don't remember and always ask for a clarification if something is not clear. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
Topic: General Immigration Related Questions
Call Date : October 14, 2021
Start Time: 12:30 PM, EST
End Time: 1:30 PM, EST
Conference Dial-in: 202-800-8394.
For details, click here.
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I applied EAD & 485 concurrently. I got EAD and 485 approval within 3 months. I sincerely thank to the team who prepared the documents and who worked to get it done. The response time to any email/voice mail was extremely good. You are very good in explaining things and clarifying any doubts. I sincerely thank you all who worked for me.
Thanks
Dear Prerna,
Kudos and Congratulations to Rajiv Khanna and his team. Another I-485 approved.
Thinking back, I first reached your office on 31 Mar, 2001 to start my GC process. The team worked meticulously and by the end of the day, mission to
post the application in USPS office was accomplished.
Special thanks to Suman, who when contacted by a team member, refused to allow my application to leave Khanna’s office till it was meticulously correct in all details.
Special thanks to Charu, who accompanied me from Post Office to Post Office late in the evening and finally found one, which will accept the Envelope
containing the application.
Special thanks to Chacko and Shivani who kept me informed of the development when they were handling the case.
And of course, Special thanks to Prerna who so painstakingly, prepared the I-485 (and Travel Document, year after year) and was always so happy to inform me about the developments in the case.
And finally, please convey my thanks to Mr. Khanna, who is so carefully conducting Backlog Reduction Case, which I read with serious interest.
And special thanks to those whom I forgot to mention.
Thanks all. Keep up the good show.
Prakash
I and my family would like to convey our sincere thanks and appreciation to Mr. Khanna and his staff for helping us to get through the approval of 485 within 10 months of filing of 140/485 concurrently.
I want to personally thank Mr Khanna and his staff especially Amrita, Prerna,Leila, Diane, Suman, Vijay ... and the list goes whomever I interacted during the process.
I highly recommend this team.
Good Luck for all you. Thanks
Mr.Khanna and his efficient team has smartly answered my complex H1 RFE to get it approved in 2 weeks. I can't thank them enough. I recommend all companies no matter what the size of the company is.
My first contact with The Law Offices of Rajiv Khanna was in 2001 and since then, between me and my wife, we have done 5 H1s and our PR petition.
All I can say is they are an amazing bunch of people and both of us trust them and follow their advice on immigration matters blindly. They are that good.
Many thanks to Rajiv, Charu, Anna, Suman, Vijay and Rena any many others who have helped us.
Thanks again and many regards.
am sharing the following info for all, i am sure it helps:
my parents came to US in mar2004, got 6 mon entry. 6-mo extn filed early aug, website showed approval late sept, approval letter recd early oct. they have come to US 2 times earlier (2000 for 1 month and late 2002 for 5 mo). Note that we sent photocopy of I-94, NOT the original.
DOCUMENTS SENT WITH APPLICATION:
3 LETTERS: 1 from my father requesting extn, 1 from me saying I will take them around and will support them, and 1 similar letter from my brother.
Just want to post my success story to help all those silent sufferers who are looking for guidance on Vacation recapture.
My 6th year H1 expired on Oct-13-2004. My company filed for LC in Feb-2004 and I did not meet criteria for 7th year extension.
Hi Folks
With reference to my earlier post, I was really desperate to get replies regarding my query for first time Stamping at Chennai embassy, for first time stamping for H-1 B from J1 Visa.
Now, atlast I got my visa stamped and here are more details to folks who are sailing in same boat.
Hello Folks;
I successfully got my H1 (& H4 stamp) in Ottawa on March 8.
This was my third H1 stamp (second for the same employer)
It went very smooth...hardly 5 min interview...
Things seem to have improved a bit. Applied for EAD (J2 Visa holder) online on September 2. When I checked the status of the case, I got the message that my EAD had been approved on November 8. Sounds great, but lets wait until the card has arrived.
By the way, if you want to apply for an interim EAD after expiry of the 90 day period, you no longer have to stand in line all night long but can make an appointment on the USCI site (http://usci.gov) at the INFOPASS section. Good luck to everybody.
My Wife and I received our GC approvals within 34 months for the whole process with the grate Rajiv Khanna team. The team so responsive and dedicated in their work. Especially I have to Thank you Rajiv Khanna for his fighting efforts to stream line the Green Processing to all the immigration community. He is a great man!. We are really glad that we chose this Law firm.We are thankful to Rajiv and his staff.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Rajiv and his team are excellent to work with; they have a set process for everything. Rajiv has loads of experience and guides the clients accordingly.
Heather is quick at responses and takes care of things as a priority if the situation needs immediate attention.
I would certainly recommend them and they richly deserve 5 stars.