Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.
Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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I finally received my green card this month after 5 years. Just a little background, I been working with Rajiv ji since 1999 , I almost have 6-7 H1 extensions. I started my GC process before Perm and been through almost all the possible complications one can have. I can proudly say that with help of Rajivji and team I am able to finish that journey without losing the hope. I got an opportunity to talk to Rajivji for than 6-7 times on different problems. I am really amazed the way he handles these repetitive questions with sincerity and in-depth knowledge of his trade.
On one Friday I received a notice that USCIS transferred my I-485 case to AAO by mistake even after they approved my second I-140. I was really upset as it means there will be at least 18 months delay even if my date is current. To my surprise I received CC email from Mr.Khanna on early Saturday morning guiding his team about next step. It clearly shows how closely he monitors most of his cases.
Also many thanks to [b]Sumanji,Anna, Mathew,Rita,Bharthi,subba,Pranita[/b] and other staff members who are very co-operative during this process.
I am greatly thankful to one of Rajivji’s [b]attorney Ms Sheena Gill[/b], with whom I worked for last two years. She is more than one can ask to get[b] best case manager[/b] on your case. Since USCIS send my case I-485 to AAO it was clear that this case will go nowhere. Sheena was super prompt in following up the case during this time. Without her efforts it was not possible to reach at this stage.
I am thankful to Mr.Rajiv Khanna and his staff for all the help during these nine years.