Guestbook Entry for Marites de Luna, United States
Name
Marites de Luna
Country
United States
State
NC
Search
EB2 Approval for Physical Therapist
We have recently received an EB2 approval for a Physical Therapist. EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much. The good news with PT’s is that they do not have to go through the PERM process. But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered. The I-140 approval took 1.5 months in regular processing.
Profession/Occupation
Green Card
Guestbook Entry for D R, United States
Name
D R
Country
United States
Comment
Rajiv has been of incredible help to me for the last few years. I'd applied for the 485 Adjustment of Status and it looked like I'd be stuck in the queue for years before my greencard arrived. So, as I thought about my career, I decided to go back to school for a Ph.D. However, I was told by most everyone that getting an F-1 visa to go back to school would be very difficult. Rajiv gave me excellent advice to still go ahead and apply for the F-1 -- I ended up getting it with no trouble whatsoever. As the years went by, I then ended up getting the greencard as well -- Rajiv has been really helpful in letting me know the specific requirements (in terms of the job classifications, travel etc) related to obtaining permanent residency. I have been following his advice and I have been really pleased -- he's been absolutely accurate in all of his advice and I'm certainly counting on him in times to come as well.
No more Immigrant Visas for China and India EB2 this year
State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.
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.
I am not just happy with the way the law firm of Atty. Rajiv took care of my case. I am more than satisfied that no adjective is deserving enough to describe the way they handled an impossible case like mine. After countless denials that I have received from my previous lawyers, I only got approvals from Atty. Rajiv. My family and I are just waiting for our greencards, which might come before the end of this year. This law firm deserves more than what they ask for their fees. And no monetary compensation could ever pay nor match the excellent job they have done for me. They saved my children's future, the primary reason why I want to be in America. Thank you very much from the bottom of my heart! :)