Guestbook Entry for Sachin Kulkarni, United States
Name
Sachin Kulkarni
Country
United States
State
TX
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Guestbook Entry for Shri, United States
Name
Shri
Country
United States
State
NJ
Comment
I have taken immigration services from Rajiv S. Khanna and his team for H1 extension and GC processing. Their service is excellent and timely. Thanks a lot Rajiv and your team for all efforts in making me Green. I will truly recommend them to my friends.
Guestbook Entry for Chandra S, United States
Name
Chandra S
Country
United States
State
Texas
Comment
I would like to thank Rajiv for his exceptional service in my I-485 case, he fixed the porting issues which couldn't be done by my previous attorney. It's very easy to get the help from Rajiv's office and his entire team is very responsive, I would definetly recommend Rajiv's office for any immigration matters. I have recommended Rajiv's firm to many of my friends and will continue to do as I am very happy with thier service. thanks Chandra
Eligible for EB-2
Question details
I have a 4 year bachelor's degree from India and 7 years experience. My company has applied for GC in EB-3 and my I-140 is approved. My PD is Sep 2010.My company name is now changed and they are saying that the process has to be restarted from the perm but I can keep my same PD.I checked with the lawyers to see if I'm eligible for EB2 and they said no. My job description says bachelors' degree and 3 or 5 years of experience and hence the lawyers are saying no. Their argument is that the USCIS will deny the application indicating that the job could be done by a person with 3 yrs experience. Am I qualified for EB-2?
Updates on EB-2 Visa numbers for India and China
The annual limit in the EB-2 category for India and China has reached. This has been confirmed by the State Department. A notification sent to USCIS on April 11, 2012 states that no further visas for the above mentioned categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins USCIS will continue to accept adjustment applications.
Changing from EB-3 to EB-2 Category
Question details
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
Procedure for Porting a Priority Date from One I-140 to Another
Question details
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.
FAQ Transcript
PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.
Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.
Rajiv and his team has handled my case on both H1b and GC so far and they have been fantastic. A thouroughly professional team with a systematic approach towards each individual case. Nice work!