One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so.
DHS Reforms To Attract And Retain Highly Skilled Immigrants
Release Date: January 31, 2012
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice:]
Visas: Issuance of Full Validity L Visas to Qualified Applicants
AGENCY: State Department.
ACTION: Final Rule.
SUMMARY:This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security.
This rule adopts as final the interim final rule published in the Federal Register on June 28, 2010 (Public Notice 7068). Specifically, the rule made changes to the Schedule of Fees for Consular Services (Schedule) for a number of different fees. This rulemaking adopts as final the changes to these fees.
Please check the attachment to see the consular fees.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).
Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.
Please read the attachment for "New Detainee Transfer Policy".
[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5681-5691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2470]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
My friend Dr. M.K. Shukla advised me to contact attorney Mr. Khanna for my I-140 case in EB1 category. My initial telephonic conversation with Mr. Khanna was very friendly and he gave me good suggestions regarding my case. Ms. Diane Lombardo was handeling my case and I found her very efficient, sincere and helpful. For my questions/doubts I found her very prompt in reply and giving me fruitful suggestions. Because of her help and sincere effort, my case was done very quickly. I found all the members of his team to be very helpful. I thank Mr. Khanna, Ms. Diane, Mr. Chacko and his team. I strongly suggest to those looking for an immigration related issues. Anil Kumar Michigan
Mr. Khanna is extremely knowledgeable. In my personal experience he's been the only lawyer to know the legal intricacies as well as he does. In my case one tiny detail that he caught made such a huge difference from me being "out of status" to being in "authorized period of stay". He is the person to go to for any immigration advice, and on top of that he is really wonderful to talk to.
Please click on attachment to view EOIR memo on "Applications For Suspension And Cancellation Of Removal".
Hi, We are thankful to Mr. Rajiv S. Khanna for clearing all our doubts pertaining to one of our employee's L1A visa. His comments are really helpful and we found found him always very supportive.
The information Mr. Khanna provided was very helpful. I was scheduled for a phone conference appointment for no cost since I am a student. He is definitely a great person who really makes an effort to sort out others issues. I wanted to make sure that the statement of reason for application of the waiver for the two-year home country physical presence requirement of the J-1 visa, was a strong reason, so he asked me more question about my J-1 program to figure out a better reason for the application which turned out being a better one than the one I was thinking about.
Hi, I have been interacting with Mr. Khanna since two months regarding our green card and H1 applications and he is been so informative and helpful in terms of clarifying the doubts that we have had come across for all our applications. Thank you Mr. Khanna and team for all your help and support. Regards, Syed