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.
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
The following pointers have emerged from recent cases and comments from USCIS:
1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.
2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.
3. Emphasize/document the "international" nature of your accomplishments.
What does the stimulus Bill (American Recovery and Reinvestment Act of 2009) say about H-1 hiring and about green cards?
There is a lot of confusion out there as is obvious from a gazillion emails I have received. So, I braved the lion’s den and tried to figure out this thing. Here is how I see it.
1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.
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.
I was directed to the law offices of Mr. Khanna through one of my friends.
It took me exactly 18 months and 18 days to receive the green card since I first contacted Mr. Khanna.
His team, especially Ms. Diane Lombardo, is extremely helpful and efficient.
Going by the accounts of some of my friends, who wasted a lot of time, money and effort, either by trying to file the application themselves or by hiring inexperienced lawyers, I feel that contacting Mr. Khanna's office was one of the good decisions I made.
I would surely recommend the law offices of Mr. Khanna, for any immigration related matters.
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
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.
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.
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.
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.
A beneficiary obtained an RFE given that she underwent only seven semesters for her bachelor's degree, one semester short of the four years typically required. Our office was able to succeed with the RFE and her EB-2 I-140 petition was granted within four days time.
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.
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.
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.
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.