Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?
If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.
On July 22, USCIS adjusted the addresses for certain applicants filing Form I-131, Application for Travel Document. USCIS has not changed any filing locations but have refined attention lines and ZIP codes to improve internal processes at the lockboxes. This address update affects:
Topics:
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
How much unemployment gap is permitted while being on AoS EAD/AP?
Will the USCIS ask for each and every month's paystubs during the final EB2 AoS adjudication.
Well, there is no rule on that as long as you have a job at the end of your wait, you should be given a green card. More...
Note: Where transcribed from audio/video, 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.
I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.
It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.
I have engaged Rajiv's office for over 10 years now for many different reasons. I've also been recommending Rajiv's law offices to my aquaintences & friends for over 10 years now. I have very close examples of people who lost 3-5 years going to some other lawyer & later, at my advise, going through Rajiv's office, who somehow 'fixed everythin' ???? Rajiv once told me ... ' why do you want to engage my office? this is so simple, you can do it yourself and save some money..." if you expect more from a lawyer... you are crazy!!!!! For Rajiv, its not about the money... he REALLY wants to 'do the right thing'. Rajiv provided me guidance for a new case - at no cost just because I was a old client - & literally advised me I could save money by doing the work myself - it was very simple. I was infact, ready to pay him or some other lawyer 100s of $s because this was a inquiry near & dear to me. There is no better example of honesty & forthrighness ( i've dealt with many lawyers in my lifetime & if you have a better example, I'd certainly like to hear it) . I'd ( & have already ) recommend Rajiv for his unparalleled knowledge & honesty in a instant & have also, personally, gone back to him time and again - H1B , family visas, family GC, company visas etc etc etc - again & again......its a no-brainer for me... & yeah.. I'd put my money where my mouth is.... --DJ
Hi, For the last two months, I have been in touch with three highly experienced attorneys. Two of them are naitonally famous and charges $250 per 20 minutes. I have to say that Mr. Rajiv Khanna and his office are truely professional. Rajiv Khanna Law offices are not just trying to make money but trying to give truly professional service to the needies. Thanks a lot Mr. Rajiv Khanna and his staff.
Rajiv S. Khanna firm filed my GC application in EB2 at all stages Labor, 140 and 485. This firm has very experienced, professional attorney and my application went very smooth without issues. They provided required information/documents of what needs to be filled and what needs to be sent. They filed on time and they communicated/acted very prompt and sincerly. Bharathi at 485 stage filed AOS for me and my wife and we received GC cards in record time of 3 months from filing date to receival of cards. I highly recommend this Rajiv S. Khanna firm for GC applications filing. Thank you for your great support and service in my 5years journey of obtaining permanant resident status/GC card.
This is fair comment Me and my family had a past few unlucky months. We spend a lot of money for consultations with other attornies but in vain, we thought of consuting Rajiv.We thought as Rajiv is top notch attorney in US for immmigration cases, he would charge stupenduos amount of money but he totally understood our situation and gave a wise advice regarding the COS of my wife,the consultation was free. Very hard to believe that some of the desi people out there do consultations not for the benifit of themselves but for the society. Rajiv still remebers of the old days where he had to struggle in the early 80's for maintaining his status and paying money to attornies. His advice is very helpfull and words can express our gratitude towards him. Thanks Rajiv for putting so much effort to rejunivate lives of some of the critical situations in the immigration law.
I have Bachelor of science in nursing with 10 years of progressive experience (8 yrs in my home country then more than 2 yrs here in USA), do I qualify for EB2? What are the chances to get approved? If the company will file for concurrent filing of I-140 and I-485; will they give me working permit or EAD within 60 days though I-140 under EB2 category is still pending?
If your job requires BS + 5 years experience and you meet the requirements, EB2 is a possibility. Assuming you are born in a country for which the EB2 priority dates are current, you should get an EAD while the 140 and AOS are still pending.
This Policy Memorandum (PM) provides guidance and updates the AFM regarding adjudication of family and employment-based Adjustment of Status Applications from aliens present in the CNMI. This PM is effective immediately.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.
I am very satisfied with the services I received. It was a long journey to get the green card and your team has helped me to succeed. Thank you very much!
USCIS Publishes Interim Memo For Comment on Transfer of Adjudications of Diplomatic Adjustment Of Status Cases to National Benefits centers.
Please check the attachment.
I just sent my I-131 application (for reentry permit) via overnight delivery, but turns out that I need to briefly go abroad starting this Friday for a work emergency. The official Notice of Action (I-797c) would probably arrive at my house while I am still overseas. My question is, will the application be denied if I leave the country before receiving the Notice of Action? (I'm afraid that USCIS would assume that I've abandoned the application by leaving the country.) I should be back in the USA for the biometric appointment.
As I recall, as long as the application has been physically received by USCIS, your departure does not cause abandonment. So, you should not have to worry. But you will need to be back for biometrics associated with the I-131.
We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.
In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.
All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.
Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.
My Wife recieved her green card recently and it took 3yrs for the whole process. I would like to thank Mathew chacko and prerna mehta for assisting us for the whole process. I really appreciate their timely response for all our immigration needs while the GC was in process. We are thankful to Rajiv and his staff.
Rajiv S khanna is the best. Aruna, Bharathi they are all the best people to deal with. Very very excellent service provided. waiting for my I-485 so lets see. Thanks to all for all the service provided.
Work Done: Green Card Can People Contact Me As a Reference: by all means. Comments: My family and I got GC under EB2 this Friday last. We had an extremely pleasant experience with this office. I had personally interacted with Rajiv, Suman, Bharathi, Prerna on various occasions. They are prompt in returning e-mails ( turn around time less than 24hrs). In fact when I applied for AC-21 in 2007, I was called for an interview. Rajiv was kind enough to give me his cell phone number with the liberty to contact him if the need arises. Since we finished our labor (under PERM) and all other requirements, We got into EAD/AP mode in 6 months ( Aug 2005) from the start date ( Feb 2005) for the whole process. This office has been filing my EAD and AP since ( about 4 times now). Thanks for all the help. Dr Narayana Bhat Bhat Dental Associates 590 Eagles Landing Pkwy Stockbridge, GA 30281 678-289-2122
Rajiv ji, I am so happy to inform you that we received our GC today. It would not have been possible without the help from you, Mathew Chacko, Suba, Bharati, prerna and others. You folks are the beacons for the immigration community from around the world. Service is Excellent, Guidance is Great, Support during dire situations is priceless. Holding GC is truely a liberating experience and THANK YOU ALL for helping us acheiving that dream.
Law Office of Rajiv S. Khanna did an excellent job and have provided his expertise on my green card case. It was a long journey for 6 years and from the day one I have received an excellent service on all walks and folds on my case. I would like to thank Mathew Chakow and Prerna for their excellent work and very high patience in repling all kinds of queries. I would like to extend my thanks to Rajiv Khanna who have also taken atmost care and provided his guidance in critical situations. Thank you all the members of Law Office for their efforts and extended support in my journey.
I want to thank Attorney Khanna and Attorney Sheena for outstanding service to resolve a complicated case with multiple filings involving more than one law firms. Attorney Sheena was extremely dedicated, absolutely quick in her responses and worked through the snow storm to get our issues resolved. It is always great to have an attorney who looks out for you and is approachable. I would definitely recommend them to anyone in the future who require immigration assistance. Regards. Dr. RP