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Recording of Free Community Conference Call (Every Other Thursday), 2016, August 11
Immigration.com
Citizenship and Naturalization
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.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: October 2016
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.
Effect of Divorce on Employment-Based Immigration
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.
Guestbook Entry for Joachim Feise , United States
Can pending immigration applications be affected by changes in the law?
If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (I-130/I-485) petitions in progress?
Watch the video on this FAQ: Can pending immigration applications be affected by changes in the law?
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.
Legal Rights/Benefits of Green Card Compared to H-1B
After getting GC (emp based):<br>
1. If an employee is working for an end client (employer - vendor - end client): while employed with GC sponsor, can a person be on bench (no pay) for some time? or like H-1B, it's considered as out of status, risk of GC revocation? <br>
2. Would like to travel to visit family abroad- At of POE, any questions by the officer ? Even though still employed, but not on a project at end client?<br>
3. While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?<br>
4. Also, as a green card holder, can a person be self-employed(sole owner of LLC - and do 1099 contracting for US clients) ?<br>
5. In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?<br>
6. Is it legal for GC holder to be unemployed, or like H-1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of losing GC?<br>
Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B
Video Transcript:
It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.
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.
Medical problems/diseases that can cause issues in green card
My elder son born in India and now he is 10 years old. We came to the US in 2009. My visa status is H-1B and GC is in progress. My son is a bleeding disorder patient(like hemophilia). The medicine available only in the US. Does my son's medical problem make any issue while applying 485/EAD or at the time of GC issue?
Watch the Video on this FAQ: Medical problems/diseases that can cause issues in green card
Video Transcript:
It is not an issue for Green Card. More...
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.
Impact of the new I-140 regulations
My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 ..." Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?
Watch the Video on this FAQ: Impact of the new I-140 regulations
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.
What if I never joined the employer who sponsored me for green card?
Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.
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.
Guestbook Entry for Madhumita Joshi, United States
I have been working with Mr. Khanna over the past decade to resolve my green card application. It has always been a pleasure to talk to him. He gives his advice in a timely and appropriate manner and has provided free telephonic counsel to me for visa issues concerning my family members - SEVERAL YEARS AFTER MY GREEN CARD WAS OBTAINED. I believe he goes above and beyond his duties to serve his countrymen. We really appreciate his timely advice on several occasions. Best wishes for a very successful practice in years to come.
Recording of Free Community Conference Call (Every Other Thursday), 12 January 2017
Immigration.com
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, 12 January 2017:
FAQ: FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions; FAQ: Consequences for green card and other in switching to H-4 EAD from H-1; FAQ: Compelling circumstances EAD
Other: DUI affect on naturalization; CSPA; L-2 reentering the USA; SEVIS errors and J-1 options; Abandonment of I-130; Types of H-1 extensions after 6 years of H-1 are over; Applying for naturalization - counting days; Rules for H-1B quota exemption; Applying for h-4 visa; I-131 reentry permit; Effect of employer’s bankruptcy on green card and H-1, etc.
EB-1A Extraordinary Ability
We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers.
US Citizen applying for green card for brother or sister
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.
Guestbook Entry for Rob Ray, United States
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
I-485 approved while outside the USA - travel on AP or GC
Pending I-485 petition (AOS), AP&EAD approved and valid until another 6 months. I-485 petitioner went to India, on approval of AP. While in India, I-485 approved on 29/3/2017 and Card received
Watch the Video on this FAQ: I-485 approved while outside the USA - travel on AP or GC
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 Adjustment of Status ( I-485 ) Filing Date Charts from the Visa Bulletin
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.
Guestbook Entry for Ameer Azimuddeen, United States
I thought that i might have to go back to India permanently because labor process is taking 12-18 months.Also i filed my greencard after 4 years of my workpermit (H1B).Awesome work by Mr. Khanna, seema & his team .Rajiv Khanna's office handled my case professionally even at this time of recession.
i got prompt responses from seema for all my queries.I want to convey my special thanks to Mr. Khanna and his team.My labor process got approved.
Guestbook Entry for Varun Maheshwari, United States
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.
Guestbook Entry for George Smithernut , United States
thank you i appreciate your work!
Guestbook Entry for RK, United States
Mr. RS Khanna’s team is very efficient, knowledgeable, prompt, and I am running out of words to praise them. I had filed my I485 (May’01) in Nebraska and currently waiting for my GC. Mr.Khanna, Leila, SumanJI, Diane Lambardo are all great and prompt. I have been his client for well over 3 years. Over this period I had relied him and his team for several (non) immigration related questions and every time my call was returned within 24 hrs. Even in my dead sleep, I will recommend Mr.Khanna for anyone. Just trust him and his team, and rest assured well. Hats Off!! Mr.Khanna.
Guestbook Entry for Prasad Panvalkar, United States
I would like to thank Ms. Shivane Sharma for her follow up with INS almost everyday for last few weeks. INS has misplaced my file and lost one of the important forms. Ms. Sharma has done a very great job by communicating with INS and at the same time giving me the status from time to time. She is very professional at her work and prompt in replying an email or returning a call. This is another Green card story: We never received any Receipt from INS after filing my I-140. Ms. Shivane Sharma contacted INS to get the status and noticed that INS cashed the check, but could not find my file. In order to track my file, INS told Ms. Sharma to get the copy of Front & Back side of the check, sent by my employer to INS. (INS prints Receipt # on back side of the check and sends it back to the bank) Ms. Sharma contacted my employer and explained the situation. My employer then obtained the check from the Bank and gave the necessary information to her. Ms. Sharma again contacted INS and furnished the Receipt #. This time INS tracked my file, and informed that they have sent the Receipt to some unknown Lawyer in Connecticut. INS also informed Ms. Sharma that they did not receive form G-28 along with the application (God knows how it was lost?). Ms. Sharma again contacted my employer, got the signature on the ‘new’ Form G-28, and faxed it to INS on very same day. Finally she contacted INS again to confirm that INS received everything required to process my application. Thank you Ms. Shivane Sharma for everything !!!
Mr. Khanna and his collegues ensured a smooth process for my Greencard application. Thanks for all the help.