My parents had their citizenship interview few days back. My father passed the interview. My mother had been concentrating more on the civics part and never went over the N-400 application. When the USCIS officer asked her about tax returns and other questions she got confused and couldn't answer then correctly as she was scared to answer them wrong. She passed the civics. On the form she was given at the end stated that she needs to be retested again for understanding language.My father has his oath ceremony next week.
I had my interview at the JFK Building, Boston. My appointment time was around 8am. I got there at 7:30. I was called in at around 9 am. It was a standard interview. I took oath to tell the truth. He asked for my GC, Passport and proof that I had registered for selective service. That is all he asked for.
We went through the N-400 first. He was very detailed. Chatted about my work in between. I had already prepared my travel log since the time of my application and he added that as an addendum to my application. After that we did the civics exams.
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.
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.
My wife got FTJ IV visa stamped in her passport in Chennai. EB3 - PD 4/30/2001.
Below is the process, in her words, she went thru:
Medicals:
Called two days ahead for a 10.00 AM appointment with "Lister METROPOLIS Laboratory Research Center Pvt. Ltd" and a 4.00 PM appointment with "Dr. Mathai Thomas".
Flew in from Hyderabad to Chennai, had in-flight breakfast, took a taxi from airport to the Lab, 30 min ride.
Do we have any more clarity whether the revoked I-140 can also be used to apply for new H-4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
2.How to remove this Fraud charges on me?
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued
1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.
2. Make sure that this is not really an issue of fraud, get a lawyer don't expect immediate results. If you're lucky you might get this resolved in a few months, but it could take years. There is a waiver called 212(d)(3), you can look into that as well.
3. Basically, when you change passport, you just have to go get a new B-1/B-2 stamping done. It won't be a big issue.
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.
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.