Following is an excerpt from a Radio Show with Rajiv S. Khanna:
"I think these regulations will get frozen and I think we will be able to revert to our last year's lottery system and we'll be able to make it through this year but I also think that it's going to be a comprehensive legal immigration reform".
Published by: The Economic Times - Date: January 19, 2021
Published by: The Economic Times - Date: January 21, 2021
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
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.
Discussing allegations of fraud and consequences when a short-term visa holder tries to convert to green card or another long-term visa from within the US.
I did at least 3 H1s and Green Card through this firm. I never had any glitches (no RFEs..never!)
Excellent courteous staff, prompt response are just some of the things that are so rare to find from other immigration lawyers. Rajiv Khanna himself is always available for advise.
Filed for my Green Card back in April of 2001,
NC State labor approval: May, 2002
Federal Labor approval: May, 2003
140-485 filed: May, 2003
140-485 approval: October, 2004
Fingerprinting: Dec, 2004
Plastic card received: Dec, 2004
I received amazing support from your firm with my labor petition. Thanks to you, my labor was filed in the shortest possible timeframe without sacrificing on quality or diligence. My Special thanks to Amrita who was my Case officer and was well and truly magnificent. Hats off.
Look forward to my continued relationship with your firm.
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I started my GC journey in July 2001 starting with Ads for RIR. My case was approved in Dec 2004. I thank all the team members who worked with me: Richa, Savitha, Matthew, Sri & Leila & Suman. They have always promptly answered my questions patiently. I would recommend this law firm to anyone for any immigration matter.
Rajiv Khanna and his team is very professional.They have hot my H1B approved for my new job in time and most importantly, he rescued us from H4 dependents visa mess. I am very happy with him and his team for the services we received.I like people with honesty and sincerity.I highly recommend him.God bless you Rajiv.
I started my green card processing in February 2003 with when I applied for the labor certification and I got my I485 approved on December 7th. My company was looking for different lawyers and I am glad that the company selected Mr. Rajiv Khanna.
The staff is really very knowledgeable, friendly and very helpful. My special thanks to Prerena Mehta, Vijay Durgham, and Shivane. The staff was always available for clarifications for doubts raised either by me or by my employer.
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I know Rajiv for the last 6 years and I would say " He is one of the Best Attorney for Immigration in U.S"
Murugesh
V.P Multivision
There is not just 6 letter word 'THANKS' enough to describe this office and its experienced and friendly team. I have emailed Mr.Khanna about my case and Immediately I received the call from him the next day morning. He gave me the hope that this case can be resolved.
My special thanks to Jitesh Malik, the Attorney who prepared the legal arguments required for this case. He was very patient to listen to my case and always never let me loose the hope. He has been so responsive in preparing the case. Also thanks to Anna Baker who never got irritated by my phone calls. And of course Joy Sheppard who put all effort in putting all the papers in right order. On top of all this, my sincere thanks to Mr. Khanna, without whom i would not be able to write this appreciation note.
Thank you so much and thanks to all those whom i forgot to mention. You people are the best !!!
I would like to thank Khanna's Law office in every stage. Now he helped to cross the first stage. My Federal Labor certified. Even though we are client's to Rajiv, He treats clients as friend and some one very close to him by giving personal care and attention. Also his personnel's are also doing good job particularly Subha(Case Manager). I felt that my case has been taken with close personal care by Subha. You will feel, if you are dealing the case through Subha. I appreciate Subha's immediate response and perfect guidance, by treating us like a family member. I have no words to thank her. Also the follow up by Rajiv's office is excellent. I would like to thank Suman(Supervisor),Bindhiya and Mathew Chacko also in this time. Once again my heartful thanks to Rajiv for bringing my case to this level. I am also least bothered about my next stage, as I have good group of people like Rajiv and Subha with me. I strongly recommend every one to process through Rajiv's Office to get success.
I wish a very Happy and Prosperous New Year for Rajiv and his Team.