Discussion Topics, Thursday, 11 August 2016:
FAQ: Canadian citizen (or any person) getting married to a US green card holder; Consequences of denial of an H-1 transfer petition; When is an H-1B amendment necessary; Applying for green card for parents; Getting H-1 transfer while an amendment/extension is pending.
Other: Accompanying student minor, son to live in the USA on B-1/B-2 visa; Reentry permit applying for US citizenship; Parents moving to the USA healthcare and other issues; effect on priority date if I-140 employee remains outside the USA, etc; Affidavit of Support I-864 co-sponsor; Green card holder applying for spouse - Final Action dates on visa bulletin; H-1B extension if old I-140 is revoked, etc; Applying for H-1 through a new company, etc.; How to prove country of birth, etc.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have been in US for the last 8 years and got GC employment based 3 years ago. I have 15 and 21 year old sons. My wife and I have differences on who manages my finances. I am thinking about applying for divorce. Just wondering whether divorce would have any impact on obtaining citizenship (either for me or my wife and children).
Watch Video: Effect of divorce on employment-based immigration
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.
I am a US citizen and would like to sponsor my brother for Permanent Residency. How long would it take for him to get Green card.If I file green card for him, does his family (His wife and kids) automatically get green card or should I file for each of them? I think I should for all. Just a question? He gets a EAD (so he can start working) when I file Green Card?
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.
If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.
When I applied for the green card, Attorney Khanna was kind enough to spend one hour with me talking about the process and the work that will need to be performed in order to file the papers. We also talked a little bit about the meaning of life which was refreshing. He mentioned that Diane Lombardo who asists him will be incharge of my case and said that she is thorough and there should be no problem. He completely understated the capabilities of Diane. She is very thorough and to say the least one of the most thorough people I have ever worked with. Her attention to detail and thoroughness was impressive. My I-140 had a record turn around of 45 days from the date of mailing to approval notice. My EAD came back for in 14 days. This was mainly due to Diane's hard work. Since my filing I have referred 2 other people to Attorney Khanna.
If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.
You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest. But NIW priority date will take the same time as a normal EB-2 application does. See:
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.
Rajiv and his associates processed my Green Card application under NIW category. I got my GC very smoothly. Excellent Service. He is very selective to take the case and doesn't accept it so long he is not fully convinced about the merit of the case. Moreover, he favored me by providing some legal information not related to immigration law. I am very satisfied.
Hi, I want to leave a comment on my positive experience with LORK every time I reach out to the firm. I was a client of LORK when my green card was applied through my employer and they took utmost care of the case. Especially, I was one of the people that applied during July 2007 visa bulletin fiasco and the firm was very good at answering and responding to all of my repeated questions patiently. Since then, I have always reached out whenever I had a question on immigration matters and the staff always, always respond back to me promptly. Even though I was a client several years back, they still take care as if I am their current client. Greatly appreciate everyone at the firm and especially Mr Khanna for his due diligence, prompt responses and timely calls and great advice. Would love to do business with LORK again. thanks for all that you do to help our fellow Indians.
A child is born to a lawful permanent resident mother during her temporary absence from the U.S. What must the parent do to be able to bring their child back to the United States and obtain LPR status for him/her?
Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.
· A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.
· The child must apply for admission to the United States within two years of birth.
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.
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
Mr. Rajiv Khanna, Mr. Kunal Sharma and the rest of the team have been very patient and extremely supportive.
I had filed for my immigrant visa through my spouse, and it was quite complicated. Couple of the other lawyers we spoke to said that there are no chances in winning this case, but Mr Khanna was firm, that the fundamentals are right and thus we have a good chance. Finally, after 2 long years, my immigrant visa has been approved.
What impressed me the most is the Mr. Khanna would immediately schedule an appointment (no charge, of course) every time there was some news from the immigration office or from my side. Even during the final stages, I had asked him a few questions regarding my DS-260 as i was very nervous, he scheduled an appointment immediately and told me exactly what to answer in each question. They made me feel as if I was their only customer. Excellent effort and care for each case by the team, and I would surely refer his firm to everyone.
1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer.
For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct?<br>
2. In your experience, is 1 year enough time to complete the EB-2 process?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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:
I would recommend Rajiv Khanna and his firm to anyone who wants to have a seamless and worry free experience. Rajiv is extremely professional and gives excellent advises. His great attitude and approach has surely been passed on to his entire team. In my case, he went above and beyond to give advises with a tricky divorce related immigration questions. Last but not the least, Diane, who worked on my case, works faster than the speed of light. She is always super quick in responding to queries and always gives the right information. I am impressed and fortunate to have Rajiv and Diane work on my green card process. I can't thank Rajiv and Diane enough for a smooth and wonderful experience. If at all I have the opportunity to work with them again, I would not think twice. Thank you Rajivji & Diane!!
Visa Bulletin content has changed. Learn more by reading Updated Instruction for Using the DOS Visa Bulletin.
USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
FAQ's Updated on 21 September 2015
FAQ's Updated on 21 September 2015
FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
I have been working with Mr. Khanna for the past few years or so and it is such a pleasure working with him and his team members. I have worked with quite a few attorneys in the area and can easily rate him as the best of the lot. Dealing with immigration issues can be nerve wracking and frustrating especially when you have a 2% chance for success. But his in-depth knowledge of the law, his professional and pragmatic approach is very reassuring. You never feel rushed when discussing things with him and he is happy to answer all questions with patience. Would definitely recommend him.