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Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US

OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.

Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485

4 years ago By Chief Editor
Question details

I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>

1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
<br>
4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?

Watch the Video on this FAQ:

FAQ Transcript




Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview

Guestbook Entry for Siddhartha Nandi , United States

16 years ago By Chief Editor
Name
Siddhartha Nandi
Country
United States
State
SC
Comment

The law office of Mr. Rajiv S. Khanna filed my and my wife's I-485 and I-140 cases con-currently on the February 19th 2008. We got approvals on the February 24th 2009 and received our Green Cards on the March 6th 2009. . We are amazed to get our cases approved within 1 year of filing. We received RFE for our cases on “Proof of birth and parentage and bona fide marriage”. Mr. Khanna's professional team responded and our cases got approved in less than 10 days of the response. I am greatly satisfied with the professionalism and the dedicated service of Mr. Khanna’s team through out the entire journey of the Green Card process. I would like to specially thank Mr. Rajiv S. Khanna, Mr. Mathew Chacko, Prerna Mehta, Bharathi Gajala, Amrita, Sheena and Kimberly for their dedicated help and support in the successful approvals of our I-485s, I-140 and PERM Labor Certificate. I will definitely consult the law office Rajiv S. Khanna in the future for all my immigration related legal needs. I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues and/or advice. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. Last but not the least; www.immigrationportal.com is a great source of very useful immigration related information that has been brought to all of us by Mr. Khanna’s law office. The forum maintained by his office is by far an active place for all sorts of valuable immigration and visa related discussions.

Guestbook Entry for Christdoss , United States

16 years ago By Chief Editor
Name
Christdoss
Country
United States
State
Massachusetts
Comment

It was back in June 2005 we signed with Mr.Rajiv's firm regarding my employment based GC process. With the excellent process and support from Rajiv's office my PERM labor got approved in 4 months and then I-140 in 7 months and there was a RFE which Mr.Mathew helped my employer by contacting USCIS and effectively getting approval. With lot of inquiry made by Rajiv's office and continuous follow-up with USCIS my case and my wife's case got approved without any RFE.

I sincerely appreciate their help and patience shown during my GC process and highly recommend them for any immigration related process.

Guestbook Entry for Harpal Singh , United States

15 years ago By Chief Editor
Name
Harpal Singh
Country
United States
State
TN
Comment

I had somewhat complex case.
Firstly, My company lawyer made some blunder and on the top of that i physically relocated to different state during my pending I-140 case.
With these complexities, I came to Mr. Khanna for seeking help to resolve these issues.

I received complex queries by INS for my 140 and Mr. Khanna prepared a technically sound reply and send to INS, and with that, we got 140 approval notice next day without any further query.

We are really very thankful to Mr. Rajiv Khanna & Ms. Heather for their expertise & guidance.

Thanks
Harpal

Guestbook Entry for Dhiraj Shrivastava , United States

16 years ago By Chief Editor
Name
Dhiraj Shrivastava
Country
United States
State
Georgia
Comment

Rajiv Khanna and associates are helping me in my Green Card processing since January 2004 and recently they did a very good job to get me the I-140 approval. I received an RFE on my I-140 in Feb 09 and response was well prepared by one of the Lawyers and sent within a weeks time. I got the approval on my I-140 just after a weeks time. It was a great job and effort from the Rajiv Khanna's office and their associates. I appreciate their good work and would recommend them to anyone who is looking for a good immigration lawyer for their Green Card or any other immigration related work.

Form I-140

15 years ago By Chief Editor

We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.

Status
We were able to show the USCIS that the beneficiary's agricultural degree was a Bachelors degree that had components relating to the degree requirements of the labor certification. We obtained the I-140 approval.

Green Card

I-140 RFE Based Upon Three Year Degree Issue

15 years ago By Chief Editor

We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.

Green Card

I-140 Denial Based Upon Three Year Degree Issue

15 years ago By Chief Editor

A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.

Green Card

I-140 RFEs Requesting Petitioner to Demonstrate Ability to Pay All I-140 Beneficiaries, H-1s, L-1s, etc.

15 years ago By Chief Editor

In recent months Service has issued I-140 RFEs requesting Petitioner to demonstrate ability to pay all immigrant and non-immigrant petitions in specified windows of time. For one client, this entailed analysis of approximately 150 petitions including H-1s (new, transfers, and extensions), L-1s, and I-140s. With detailed explanations of each petition, our firm was able to obtain I-140 approval within one week.

Green Card

I-140 RFE Pertaining to Employer's Change in Location

15 years ago By Chief Editor

In a case dating back to 2001, Petitioner eventually moved his office to a location greater than 50 miles from the address of the original office listed on the Form ETA-750. In 2008, USCIS issued an RFE requesting Petitioner to submit evidence showing that the new location is still within the same metropolitan statistical area (SMSA) as the original location. While Government Data and distance may suggest the two locations are not within the same SMSA, we created a new and original argument enabling the Petitioner to obtain I-140 approval.

Green Card

I-140 Immigrant Petition for Alien Worker

15 years ago By admin 16 comments

What is an I-140 Petition?

An I-140 petition, or Immigrant Petition for Alien Worker, is filed to petition an alien worker to become a permanent resident in the United States. The employer must file an I-140 Petition on your behalf within 180 days from the date your Labor Certification is approved by the U. S. Department of Labor. An I-140 Petition may be filed without a Labor Certification where the beneficiary qualifies under EB-1 classification.

Green Card

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