Guestbook Entry for NARAYANA BHAT, United States
Name
NARAYANA BHAT
Country
United States
State
GA
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Guestbook Entry for Bala S, United States
Name
Bala S
Country
United States
State
TX
Comment
Rajiv ji, I am so happy to inform you that we received our GC today. It would not have been possible without the help from you, Mathew Chacko, Suba, Bharati, prerna and others. You folks are the beacons for the immigration community from around the world. Service is Excellent, Guidance is Great, Support during dire situations is priceless. Holding GC is truely a liberating experience and THANK YOU ALL for helping us acheiving that dream.
Guestbook Entry for Pratiksha Chhangawala, United States
Name
Pratiksha Chhangawala
Country
United States
State
NJ
Comment
Law Office of Rajiv S. Khanna did an excellent job and have provided his expertise on my green card case. It was a long journey for 6 years and from the day one I have received an excellent service on all walks and folds on my case. I would like to thank Mathew Chakow and Prerna for their excellent work and very high patience in repling all kinds of queries. I would like to extend my thanks to Rajiv Khanna who have also taken atmost care and provided his guidance in critical situations. Thank you all the members of Law Office for their efforts and extended support in my journey.
Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?
Question details
I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
Marriage to US Citizen with EB AOS is pending
Question details
I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
Leave of absence - I-485 pending
Question details
a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.
b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?
c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?
a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.
Work Done: Green Card Can People Contact Me As a Reference: by all means. Comments: My family and I got GC under EB2 this Friday last. We had an extremely pleasant experience with this office. I had personally interacted with Rajiv, Suman, Bharathi, Prerna on various occasions. They are prompt in returning e-mails ( turn around time less than 24hrs). In fact when I applied for AC-21 in 2007, I was called for an interview. Rajiv was kind enough to give me his cell phone number with the liberty to contact him if the need arises. Since we finished our labor (under PERM) and all other requirements, We got into EAD/AP mode in 6 months ( Aug 2005) from the start date ( Feb 2005) for the whole process. This office has been filing my EAD and AP since ( about 4 times now). Thanks for all the help. Dr Narayana Bhat Bhat Dental Associates 590 Eagles Landing Pkwy Stockbridge, GA 30281 678-289-2122