I have an approved I-140 and a Pending I-485 (Since July 2007 Employment –Based Adjustment of Status Indian Passport Holder is submitted Application ). Since presently there is very large backlog I decided to move Canada 2009 since I am Stay in Canada and now become Canadian citizenship. <br>
1. How to switch to Adjustment of Status to Consular Processing?<br>
2. How long would it take to switch from Adjustment of Status to Consular Processing?
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3. How to inform to USCIS to change my citizenship Indian to Canadian.
Video Transcript
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.
USCIS recently updated the following form(s):
Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years.
Its been a long journey that started with completion of masters (F1) visa and today receiving green card (GC). I have been with Rajiv ji and his team since the beginning of my immigration journey (F1(OPT) -> H1 -> H1 Ext.-> Perm -> I140 -> I765 -> I485).
As said by everyone else here in the guestbook i also concur with all the things.
Firstly, they know what they are doing and are best at it. They have a solid knowledge about all the immigration rules, jargon, what can cause potential problem in future and how to handle the complexities a case has.
Secondly, very professional, prompt replies and free consultations. One thing that i liked is that they all are very easy to reach including Rajiv ji itself and that helps a lot in calming down the immigration anxieties of clients.
Best wishes to you and your team.
Hi Rajiv, I am pleased to let you know that I have got my CP done succesfully in Chennai. I returned back to US thru JFK on 13th and I had smooth passage in Port of Entry also. I wish to thank you and your office for the excellent legal service provided to me in my case. Your staff was highly proactive in their approach and helped me to a great extent. Please let me know if there are any formalities that need to done at this stage. I have made the complete payment and nothing is pending from my side. I wish to refer couple of my friends to your office if it is OK with you. Please let me know if you have any questions. Regards, Suresh Hindupur Object Xperts Inc.
I was greatly pleased with the level of professionalism, courtesy and promptness of Rajiv Khanna and his staff with regard to the dealings of my green card case. Rajiv Khanna's advise was invaluable in my case and I was able to obtain my GC in 14 months through CP at chennai. His staff made the whole experience very easy, simple and painless. I would greatly recommend him and have done so to several of my friends. Please feel free to contact me if any questions. Regards Tg
I had Consular Processing done with Law Offices of Rajiv S. Khanna
My husband and I did our GC processing simultaneously with the help of Mr. Khanna's law office. We figured it would be a good idea to process both applications to play it safe in this post modern era of corporate mergers and acquisitions that some times kill the GC paper work half way. We ultimately got our GC's through my husband's application. It was through a regular Labor certification and Consular process in Chennai. The whole process took us a little over 2 years. In addition to Mr. Khanna himself, who was absolutely fantastic, we worked with Suman who was good until we got our labor certification. Diane Lombardo helped me with my case and was excellent.
I am posting on this thread, because it seems to be more active than the thread I originally posted on, and this is a more specific thread to my case (thank you OP). Here is my entire timeline:
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***
REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
I have a situation:<br>
I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
Questions:<br>
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
2) How long will the petition will take to come to a decision (~estimate)?<br>
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=123
FAQ Transcript:
I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/8N82R3qAiJo?t=382
FAQ Transcript:
In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration. The concern is well-founded in that receiving public (Federal or State) means tested (that depend upon the amount of income/expense) can lead to a determination that an applicant can become dependent upon government resources ("public charge").
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants wh
On May 9, USCIS launched a pilot study that offers customers optional checklists to assist in the submission of form packages. The checklists are designed to help customers easily identify what documents they need to include when they initially file an application or petition, and to remind them of the important items needed to complete the form, such as including a signature.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.