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Locating A Long-Pending I-485 Application and Priority Dates

11 years ago By Chief Editor

Question details

1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?

2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?

1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.

It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.

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Ability to Pay

11 years ago By Chief Editor

Question details

1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?

2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?

3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?

4. Why are prorated net assets not sufficient evidence to support ability to pay?

5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

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Extension of Validity of Medical Certifications on Form I-693

11 years ago By Chief Editor

This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.

Click the attachment to read more about the memorandum.

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Guestbook Entry for Confidential , United States

19 years ago By Chief Editor

Name

Confidential

Country

United States

State

Comment

From Labor certificate, I-140 and I-485, Mr. Khanna's team did a very good job on my case. LC was filed in July 2002 and I-485 was approved in March 2005. Everything went smoothly. Mr. Khanna's team is a good one.

I-485 Interview

19 years ago By Chief Editor

First of all, thank you very much Rajiv for all your advise during this greencard journey, especially during this last 2 weeks. Every time we have relied on your advice blindly.

Green Card

Form I-485

Guestbook Entry for Satish , United States

19 years ago By Chief Editor

Name

Satish

Country

United States

State

Maryland

Comment

It has been a great morale boost and also professional confidence when I contacted Rajiv khanna's office for providing the professional support for AC21 case.

The documentation and support from Mathew Chako was really good and it was clear and precise to the point.

Also at the time of interview, Rajiv provided good support without any additional economic consideration. It was really nice to have a person next to you at that time of interview process.

Really I am hats off for Rajiv Khanna's team......

Guestbook Entry for Parag Joshi, United States

19 years ago By Chief Editor

Name

Parag Joshi

Country

United States

State

Indiana

Comment

Got GC in 18months (RIR Labor application to 485 approval). Rajiv Khanna (RK) helped me out of a mess that I thought was impossible to solve. He helped out an unknown emailer, spent hours analyzing the situation over the phone and devised a game-plan. Guess what, without signing a retainer or expecting compensation. I still remember when I called other “big lawyer” for help, first thing her office wanted was my credit card.

Story began in summer of 2003. When I found out that my earlier lawyer had screwed up the whole 140/485 application and was eventually denied, loss of 4years of waiting. I then emailed RK for help. He patiently heard the story and advised that I should redo the whole application from point A. Even though dread of going through whole labor application all over again was overwhelming, RK was absolutely correct that earlier labor was approved under incorrect language, mistakes many inexperienced lawyers make.

Best thing is that he sticks by the books, remains honest about the situation and never promises miracles. Apart from RK’s excellent competency and vast experience, he has excellent well-trained support team. That really makes a huge difference because game-plan is one thing, while organizational support & efficient execution is other.