Guestbook Entry for Nikhil Nihalani, United States
Name
Nikhil Nihalani
Country
United States
State
GA
Search
DOS Updates – 02/10/2010
E Visa company registrations - It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation.
Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:
Guestbook Entry for Dr. RP, United States
Name
Dr. RP
Country
United States
State
Texas
Comment
I want to thank Attorney Khanna and Attorney Sheena for outstanding service to resolve a complicated case with multiple filings involving more than one law firms. Attorney Sheena was extremely dedicated, absolutely quick in her responses and worked through the snow storm to get our issues resolved. It is always great to have an attorney who looks out for you and is approachable. I would definitely recommend them to anyone in the future who require immigration assistance. Regards. Dr. RP
Status, authorized period of stay and unlawful presence
Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.
Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.
Status
I-485 interview-- does arrest create a problem
Quote: I just got a letter from USCIS that I need to appear for a I-485 interview. I had applied my green card under the EB-XX. To update you i had an arrest record in 2005 for a domestic violence battery case, which was later dismissed in court. Also you might be aware my wife is currently in india, and we are under separation. She will join me on (XXX date) if she agrees for marriage counseling. Under these circumstances I had some questions which I wanted answers for: Please let me know your response.
H-1 Extension based upon spouse's 140; Child born in USA
Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?
Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
Guestbook Entry for RAM NARAYANAN, United States
Name
RAM NARAYANAN
Country
United States
State
CA
Comment
I AM A US CITIZEN AND I APPLIED FOR FAMILY BASED GREEN CARD FOR MY WIFE. THE WHOLE PROCESS STARTED IN FIRST WEEK OF JANUARY 2009. INITIALLY WE HAD APPLIED ON OUR OWN AND DID NOT CONSULT ANY ATTORNEY. THEN WE GOT AN RFE ON MY WIFE'S BIRTH CERTIFICATE, AND WE WERE HELPLESS AND DID NOT KNOW HOW TO PROCEED. THAT IS WHEN WE APPROACHED, RAJIV KHANNA. HIS ATTORNEY'S MATHEW CHACKO AND BHARATHI GUIDED US FOR SUBMITTING THE RFE DOCUMENTS AND GUIDED US IN EACH AND EVERY STEP AFTER THAT. THEIR GUIDANCE WAS OF GREAT HELP TO US. AND FINALLY MY WIFE GOT HER GC ON 24TH APRIL 2009.
I-485: pre-adjudication and employment verification letter
Question details
1. I see few cases where CIS has sent an RFE to ask for Employment Verification Letter (EVL). When does this typically happen?
2. For cases where in the EVL was already sent along with the I-485 application, what are the reasons usually for CIS asking EVL again?
3. I had taken an Infopass few months ago, and they had said my I-485 application is pre-adjudicated. What does this mean?
1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.
2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).
3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.
Employment-based out of status protection for AOS - Section 245(K)
Question details
My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.
Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.
Work Done: J1 transfer, H1 and 485-finally approval of Green Card.I started working with Mr khanna's office for transferring my J1 waiver job from one state to another. His team has been extremely professional and helpful in the process. They have been helpful not only in transfer but also succesfully filing and getting my Green Card approved. I strongly recommend Rajiv's office to anyone with immigration issues. At every level I noticed special attention and exemplary professional standards that one seldom sees in todays world.I would like to thank all of your team members. Specifically Rena Waddell, Anna Baker, Heather Crump, Mark Riddick and of course Rajiv Khanna himself......
Once again Thank your such a wonderful teamwork and unique expertise provided by Rajiv in my case.
Regards...
Nik Nihalani MD.