DUI and I-485 approval
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I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.
I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.
So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.
Answer 2. I think having an H-1B is a very good idea.
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.
People have been asking us about USCIS "warrant issued for background check" for failure to report a change of address by filing Form AR-11. While it is true that until you are naturalized, you are required to update your change of address each time within 10 days of moving; this email is a scam. DO NOT WORRY.
For instance, see the Header. It is NOT from a .Gov domain. I have reviewed the metadata as well.
Release Date
The Department of Homeland Security (DHS) today announced the withdrawal of the affidavit of support proposed rule, consistent with DHS’s commitment to reduce barriers within the legal immigration system that placed increased burdens on American families wishing to sponsor individuals immigrating to the U.S.
Release Date
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:
I have a situation of my relative - person has the employment based green card received on Mar 12, 2012, Received EAD in 2007. However lost the job(job termination) (Nov 2, 2011) 4 months before to receive the Green Card. At the time when GC was approved (March 12,2012) person was not having the job, and there after person couldn't gone to job. Could you let us know what to do for GC renewal and for citizenship.
In my opinion it is fine because there was nothing wrong with your intention to continue working and if your I-485 has been pending 180 days I think you are very well protected.
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.
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1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?
2. I know, someone on H4 EAD can he start a business?
1. If you are the primary applicant of an adjustment of status application you could do the business on the side, but if you take it up completely as your profession, then the job must be same or similar in other words you are trying to do your green card Supplement J through your own business if that's not your intention then you must have a full-time job and you can do the business on the side. Form I-9 is an internal form. It does not get submitted anywhere.
2. Yes he can start the business.
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.
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Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
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.
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U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.
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H-1B Initial Electronic Registration Selection Process Completed
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After a painfully agonizing wait of 3 1/2 years, I finally got my labor certification approved. Rajiv's team did a fantastic job in filing my labor certification application. The whole process was executed in a very professional and timely manner and I never received any queries or RFEs. Rajiv's team kept me posted through out the certification phase and he personally took charge when there was a need to amend my petition due to a promotion that caused a change in my job description. The result - the amendment process could not gone smoother.
Without doubt, Rajiv and his team are the best in the field of immigration law - a fact proven by his 100% success rate. Thank you Rajiv.
My family and I received our GC on August 2005.
I started the whole process in April 2005 with Rajiv Khanna as my attorney. He is an efficient lawyer of great standing and he has done an excellent job at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect. This substantially reduced the total time of this lengthy process and we received our GC in record time without any problem. I am specifically mentioning this because I have seen some of my friends they haven’t got their GC yet because of improper paperwork. I found the staff in his office very co-operative and with a special mention of Diane Lombardo she is very efficient and one of the best paralegal he has.
Thanks to Diane, Rajiv Khanna and his staff for the excellent job.
People can contact me as a reference.
Finally, got my green card. Thanks for all the extra effort and personalized attention that your firm provided. I have dealt with some big law firms before but unfortunately I have to tell them some things which they never heard of. Sometime I thought I have better knowledge of their profession, because my desire of getting green card forced me to learn more about the process. The promptness of the response that you provided while I was in India was really amazing. Your colleague set up me on phone call with you the very next morning.
I will be short of words to appreciate your colleagues. Special Thanks to Mathew Chackoo, he is incredible. He made extra efforts to help me out. Contacting my employer from time to time, responding to my calls promptly. His personalized attention is highly appreciated.
Thanks to all your team members for helping me getting through this long process. I have always recommended your services to my friends. Feel free to use my name as reference.
I am 19 years old and I have been living in this country for 14 years. Due to my status I am struggling in college. I cannot pay my tuition and I am forced to work full time. I have a 3.8 GPA but no scholarship or loans to show for it. My goal is to become a doctor. I volunteer countless hours at hospitals because I enjoy helping people and I love being around doctors. Although many students get paid to work in laboratories and conduct research, I do it for free because I am not a permanent resident or a citizen.
The process of E-filing was easy !!. The ASC took only 10 min for the photos and Finger Prints.
Advantages of E-File:
- Enter the data yourself => so NO chance of Typo errors by TSC. Make sure YOU do not make typo / name swapping errors : See : http://forums.immigration.com/
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- Get Recipt # instantly.
hi all,
i think my experience might help others so i m writing it down.
my husband and i came to toronto canada on sep, 6th 2005 (yes 2 days ago).
we had our interview appointment on sep, 7 9:00 am.
my husband came to US from pakistan in 1999 on a student visa. He did his masters and then got a job in Houston. He is a mechanical enigineer.
we got married in 2002 and got our first H1 stamped from islamabad, pakistan.
The Immigrant Visa looks like a H1B1 visa stamp but the information is obviously different. The embassy also hands out a packet with top right part perforated. It has a white paper on the front which has your picture and information on it.
I landed at Chicago O'Hare airport at about 3:15 PM. While in the plane, I had filled only the customs forms and not the I-94 white form. After landing, I went to the New Immigrant line. The officer looked at the IV and took the packet from me. He sent me to the NSEERS special registration line.
As of May 21, 2010, USCIS has received approximately 19,600 H-1B cap-subject petitions. Also, an additional 8,200 H-1B petitions for advanced degrees professionals have been received.
USCIS reports that as of April 27, 2010, approximately 16,500 H-1B cap-subject petitions had been filed. They have received 6,900 H-1B petitions for advanced degree professionals.
1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?
2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?
3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?
4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.
1. As long as you have your OPT you can work for any employer.
2. No.
3. Absolutely you can.
4.Yes, absolutely you can.
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.
I have question to related to H1B revocation and Cap exemption.
I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)
Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
If an H-1B is revoked it gives you no benefit. You are back in quota. The moment it is revoked you have no benefit from that at all and if there is any kind of fraud allegation against you, you cannot come back to the United States at all. That's the permanent bar from entering the U.S with very few exemptions.
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.
I thank Rajiv and his staff, especially Hellen Anchillo, Richa Narang, and Suman Bhasin, for their help in getting me through the GC process. It is clear Rajiv's office has the whole process nail down and they were very prompt in answering my questions. I always felt I was knowledgeable of my options and the costs and benefits involved in each course of action. I have recommended Rajiv's office to some friends and I will continue to do so in the future.