I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Rajiv and his team were very helpful during the entire GC process. I come from a non IT background but his team respresented my case with the appropirate attention. I would not hesitate to recommend Rajiv and his team to any friends or family.
Thanks again.
I am very satisfied with Rajiv Khanna and his team for all the effort and work for the successful approval of gc. They have been very professional and proactive at every step of the process and keep you in loop so that you are aware of the developments. The team is ready to answer your queries or concerns every time you have any.
Art was handling my case and took of everything from start to end. Could not ask for anything more.
If you are looking for a firm to handle your immigration matters then this is the one.
It’s a pleasure and an honor to recommend Mr. Rajiv Khanna and his Law Offices. I am writing to express my deep gratitude for RajivJi’s guidance over the past 1.5 years starting with PERM audit, supervised recruitment and through I-140 RFE and right to the I-140 approval. In all the conversations with him, he has always given me honest, straightforward assessments, and creative suggestions, which in turn gave me immense confidence even when situations looked gloomy. He backed this case right from day 1, possibly more than how much I backed myself on it.
I strongly believe, RajivJi’s intellectual brilliance and creativity coupled with his decisiveness at various critical junctures through the tough phases were the most significant keys to success in my case. I have firm conviction, that RajivJi’s immigration law expertise is second to none in the country.
I tip my hat to you!
Over the last 5 years, I worked closely with his some of his folks. This is a big shout out to VijayJi, Bharathi, Kunal, Suman and Kalpana.
Vijay Ji, I can’t thank you enough for zillions of hours you spent on going through and organizing all the hundreds of resumes received through supervised recruitment. Vijay Ji, you went over and beyond. I specifically remember, when you went to USPS at 8:30PM to send the package on time! Thank you very much.
Kunal, I greatly appreciate your thoroughness and the meticulous planning of I-140 RFE response. In all my interactions with you, you made me feel confident by answering all my questions and spending time with me discussing nitty-grittys of the content.
Bharathi, Thank you so much for pulling things together for multiple RFEs and answering my numerous phone calls and emails patiently.
When I met all of them at their Arlington office, the one thing that struck most to me is that they put a human face to my case and made me feel like a part of their amazing family. Gestures like that is what separates this bunch from any other.
Kudos to you all!
Warm Regards,
SK