We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE. USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees. We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.
What happens if green card expires while away on reentry permit and it's not possible to stay and return to USA to renew?
You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.
Is it a problem to travel outside the US after the temp GC has expired, and assuming the I-829 wouldn't get approved by then ?
When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.
My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish
Dear Readers,
My experience went really well perhaps due to changes in the immigration procedures meant to make some applications process faster so that one can go on with life while waiting to gain finally permanent residence status?
I applied for a permanent residence through marriage to a US citizen while in F-1 status. Please note that I applied after our two year anniversary so the conditional permanent resident status would not apply. Here is the time line for my application process:
I am originally from Maryland and I met my husband when I was attending college in Houston, TX. After I completed college, I moved back up to Maryland to spend time with my family and I also got a very good opportunity to work, in Washington D.C. My husband and I decided to get Married in February 2002, and I decided to move back to Houston so we could start our lives together. By the time I could wrap things up in Maryland and finally move to Houston it was August 2002.
I was directed to the law offices of Mr. Khanna through one of my friends.
It took me exactly 18 months and 18 days to receive the green card since I first contacted Mr. Khanna.
His team, especially Ms. Diane Lombardo, is extremely helpful and efficient.
Going by the accounts of some of my friends, who wasted a lot of time, money and effort, either by trying to file the application themselves or by hiring inexperienced lawyers, I feel that contacting Mr. Khanna's office was one of the good decisions I made.
I would surely recommend the law offices of Mr. Khanna, for any immigration related matters.
I had somewhat complex case.
Firstly, My company lawyer made some blunder and on the top of that i physically relocated to different state during my pending I-140 case.
With these complexities, I came to Mr. Khanna for seeking help to resolve these issues.
I received complex queries by INS for my 140 and Mr. Khanna prepared a technically sound reply and send to INS, and with that, we got 140 approval notice next day without any further query.
We are really very thankful to Mr. Rajiv Khanna & Ms. Heather for their expertise & guidance.
Thanks
Harpal
Rajiv Khanna and associates are helping me in my Green Card processing since January 2004 and recently they did a very good job to get me the I-140 approval. I received an RFE on my I-140 in Feb 09 and response was well prepared by one of the Lawyers and sent within a weeks time. I got the approval on my I-140 just after a weeks time. It was a great job and effort from the Rajiv Khanna's office and their associates. I appreciate their good work and would recommend them to anyone who is looking for a good immigration lawyer for their Green Card or any other immigration related work.
I have my I-140 approved(in my 6th year of H-1). But my employer is not handing the approval notice to me. I have both Receipt Number and my Labor number (starting with A.). I have filed FOIA to get copy of I-140 approval notice. I wanted to know
1) Can I transfer my H-1 to another employer by just giving I-140 receipt number to them?
2) Can my new employer use this number to file my GC and keeping the PD based on this number?
As long as your I-140 is not revoked BEFORE approval of H-1 extension/transfer, the receipt should be enough to get an extension with another employer. The priority date transfer is "automatic" and done at the USCIS level; that should not even need a receipt.
We were called upon to correct a situation. USCIS sent an RFE stating that the degree and field of study did not match with the labor certification requirements. The I-140 beneficiary had a degree in agricultural science. The employer's requirement in the labor certification was a BS degree in Computer Science, Engineering, and Mathematics.
We were hired to respond to an RFE. Client filed an EB2 I-140, where the PERM Petition required a Bachelor's and 5 years of experience. The client received an RFE in which USCIS argued the Beneficiary's degree, a Bachelor's in Commerce from India, equates to a 3-year degree and cannot be considered for an EB2 case. The Beneficiary possessed a four year Bachelor's Degree, however, this was not clearly established on his Degree. The client obtained his BS in Commerce before India switched to a standard 3-year program for his particular degree.
A beneficiary had two three-year bachelor degrees from India and consequently his I-140 petition was denied on the grounds that the beneficiary did not have a four-year bachelor's degree. We were retained after the denial. Our firm was successful in appealing and winning in less than one month. Of course, this case had unique facts. We cannot assume that all three-year degree cases will go trough this smoothly.
Can I get K visa for my spouse? I am a US immigrant with green card. Is there something called a V visa?
V visa no longer exists. There is no K visa option for green card holders. Sorry.
Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.
My I-140 was filed in February 2004. The National Visa Centre, in its letter dated 24th June 2010, informed that they had completed processing of my petition seeking immigration to the USA and had forwarded it to the American Embassy/Consulate at New Delhi. I was informed that an immigrant visa interview had been scheduled at the US Consulate, New Delhi on the 9th of August, 2010 at 10.45 am.
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
My POE with the AP was actually Newark (there is a Newark-Beijing direct flight which goes over the pole). The officer just had my passport, the two copies of AP I have and also I had filled in the white landing card (the one you normally use for entrance with a visa).
Legislation to Eliminate Annual Per-Country H-1B Limits Passes One Hurdle
Following is a list of questions recently asked by a USCIS investigator of an H-1B employee working at a client site. If you are a member of our compliance group of employers, attend the free conference call scheduled for employers only on 7th July 2011. Membership in the group is by invitation only.
1. What is your name?
2. Can see your ID card?
3. How long you are in US?
4. Have you been visited your home country?
5. Who are you currently employed with?
6. How long have you been with your employer?
7. What is your job title?
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.
Rajiv Khanna and associates are helping me in my Green Card processing since January 2004 and recently they did a very good job to get me the I-140 approval. I received an RFE on my I-140 in Feb 09 and response was well prepared by one of the Lawyers and sent within a weeks time. I got the approval on my I-140 just after a weeks time. It was a great job and effort from the Rajiv Khanna's office and their associates. I appreciate their good work and would recommend them to anyone who is looking for a good immigration lawyer for their Green Card or any other immigration related work.