Guestbook Entry for Shariq Raza, United States
Name
Shariq Raza
Country
United States
State
PA
Search
Cross-Chargeability
Question details
I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules. <br>
1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules? <br>
2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)? <br>
3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth? <br>
4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
Obama's Immigration Action EAD At I-140 Stage
Question details
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
Discrepancies In Date Of Birth Information
Question details
Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions.
Really appreciate you taking out time for this kind of questions.
FAQ: Discrepancies In Date Of Birth Information
FAQ Transcript
FAQ Transcript
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I can not describe in words the gratitude that my wife and I have both for Rajiv Khanna and Jitesh Malik. The USCIS denied my wife's dependent I-485 AoS app and we were sure that we'd have to relocate back home. Jitesh and Rajiv bhai handled the matter deftly and we could not have been more pleased with the outcome. They took care of the matter and got us an approval when my old attorney wouldn't even return my calls when things started heading south. I had heard stories of Mr. Khanna being very helpful and knowledgeable and now know that he is the best Goddamn immigration attorney out there who is not afraid to fight for you.
To all desi's [Pakistanis;Indians] and non-desi's out there: Rajiv Khanna is da bomb! Trust me on that.
Thank you Rajiv bhai! Thank you so very much! Shariq Raza.