Guestbook Entry for Meena , United States
Name
Meena
Country
United States
State
VA
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Guestbook Entry for Alex O, United States
Name
Alex O
Country
United States
State
FL
Comment
The Law Office of Mr. Khanna is well established in the immigration field and offers excellent services. Their website is a great database regarding the immigration matters.
Special thanks to Ms. Richa Narang and Ms. Prerna Mehta who thoroughly prepared my documents and were always available for answering my questions .
I got my H1B and also GC under PERM.
The entire GC process took less than two years and went smoothly.
Guestbook Entry for Mani Daks , United States
Name
Mani Daks
Country
United States
State
VA
Comment
I am very thankful to the staff at Mr. Khanna's office, especially Mathews and Rita. From beginning to end, they were very prompt, co-operative, and very thorough in documents. We used a labor substitution and the entire process went really quick, with no big hassles.
Guestbook Entry for Rajat, United States
Name
Rajat
Country
United States
State
VA
Comment
Ever wondered to find an immigration attorney who not only takes interest in working with you saving your time but also knows the current immigration landscape. This is exactly how I feel about working with Rajiv and Diane they are masters in what they do they’re sincere well-versed with the current immigration landscape in the US. I could not thank them enough for the thorough analysis and guidance Through the EB1 one green card process. Also big kudos to Marty for all the work you do!! This is actually a dream team. God bless.
USCIS Forms Update Notice
USCIS recently updated the following form(s):
USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
PERM Processing Times (as of 10/31/2019)
| Processi |
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Green Card
Immigration Law
Dec 12, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Visa Bulletin - January 2020
Visa Bulletin For January 2020
Number 37
Volume X
Washington, D.C
Agency
Green Card
Immigration Law
Change in green card job responsibilities and/or job title during the process
Question details
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
<br>
· Generally someone with industry knowledge and/or software knowledge
<br>
· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
<br>
My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
<br>
· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
<br>
My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
<br>
I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
FAQ Transcript
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's News Clips - US Senators say no voting on S-386 Bill as of now
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
Update on Travel by Temporary Protected Status Beneficiaries In Removal Proceedings
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
DOL Releases H-2B Entertainer FAQs
The Department has released FAQs for H-2Bs in the entertainment industry.
Updated List of SEVP Approved Schools (Updated 6/30/09)
ICE updated its list of Student and Exchange Visitor Program approved schools on 29th June 2009.
Should you be applying for employment-based green card in this economy?
Question details
Should you be applying for employment-based green card in this economy?
A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.
Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?
Question details
I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
Visa Bulletin August 2009
Number 11
Volume XI
Washington, D.C.
A. STATUTORY NUMBERS
Green Card
"Proving Existence of a Job for H-1 B" published by "The Practical Lawyer", American Law Institute, American Bar Association Publication
Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".
Profession/Occupation
Guestbook Entry for Bala, United States
Name
Bala
Country
United States
State
WA
Comment
well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala
Marriage to US Citizen with EB AOS is pending
Question details
I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
RFE after the I-140 was approved
Question details
1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?
2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?
1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.
2. My take is AC21 would be a better idea, although, not fool proof.
I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.
Immigration Information for Members of the U.S. Armed Forces and their Families
USCIS offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad.
H-1 Quota Count as of 10 July 2009
As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Leave of absence - I-485 pending
Question details
a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.
b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?
c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?
a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.
I want to thank the Law Offices of Rajiv S. Khanna for their excellent work with my H-4 petition. Mine was a difficult petition but the office prepared all my paper work within a week and I received my approval in 3 months. I also want to thank my case manager Ursula for her thorough work with my case.