I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?
Watch Video on this FAQ: J-1 Physician applying for following to join after waiver
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.
Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
I would like to thank Mr. Rajiv Khanna for guiding me through from the time I applied for HIB through and until I got my green card. My special thanks to Ms. Bharati Gajjala, my case manager who was very responsive and she handled the process of submitting all the relevant doucumets professionally. I also thank Ms. Suman, who also assisted me when I requested for information. I would strongly recommend the services of "The Law Offices of Rajiv S. Khanna" to any one who want to apply for H-IB or for a Green Card. RAMA
Discussion Topics, Thursday, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
It gives me great pleasure to share my experience with Mr.Khanna and his courteous staff pertaining to my H1B and Green card processing. A majority of the immigration community thinks of Immigration lawyers as notorious for not returning the calls, not communicating with their clients regarding the progress of the case and not filing the petitions properly, Mr.Khanna and his staff completely eliminates this notion.At Mr.Khanna's office the emphasis is more on the Customer Service. You think I am exaggerating, but I have spoken and corresponded with lot of his staff members regarding my Green Card and H1B petitions and their attitude, their professionalism, their respect towards the clients is so conspicuously similar that you almost think that you are talking to the same person. Mr.Khanna and his staff have successfully filed my H1B and Green Card and at every step they have contacted me via E-mail and by phone.It is very comforting to get to know the progress of your case at every step contrary to having been left out in the dark, which lot of other firms do. My 7th year H1B extension has been approved and I am at the I-140 stage in my GC. The bottom line is if you are not with Mr.Khanna THEN YOU DON'T KNOW WHAT YOU ARE MISSING. Albeit all the staff members are courteous and very professional, I would like to specifically thank Ms.Shivane Sharma, Ms.Ursual Jara-Elouaddane, Ms.Sirisha Durgam, Ms.Rena Waddel, Ms.Charu Bhagat, Ms.Suman Bhasin Keep up the good work Mr.Khanna and thank you for serving the immigration community.
Discussion Topics, Thursday, 20 October 2016:
FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current; Changing jobs while a quota H-1 is pending; Changing jobs after I-140 approval; Applying for reentry permit; Filing a PERM based green card through a company owned or managed by a relative; Filing green card while on student visa F-1;
Other: How soon can I go for H-1 visa stamping; Does CBP officer at the airport have the right to search belongings, cell phone, etc? Large medical treatment bill; Green card for a nurse; Visitors/Tourist visa reentry; Using experience under PERM as a contractor; EB-1C if I have been in the USA already for three years; Traveling while H-1B amendment is pending; Applying for H-4 EAD; H-1B remainder option; Applying for tourist/visitors visa after having applied for green card; Factors affecting EB-1 green card; H-1 holder leaving USA for medical reasons.
Thanks to Mr Rajiv and folks who handled our case Ms Charu and Ms Uma. Rajiv's excellent dedicated service got us through without any problem. I will continue to use his services and I recommend you folks to choose Rajiv for your immigration needs.
S2Tech is a global software development company with offices in St. Louis and Hyderabad, India. S2Tech provides customized software solutions to its diverse clients base. S2Tech has been working with Law Offices of Rajiv Khanna for the past four years. One of the core competency of Mr. Rajiv Khanna is leveraging information technology to provide BEST service to his clients. The following are some of the examples: 1. Domain name of immigration.com 2. Use of electronic e-mail to answer questions from his clients within one day. 3. Use of Adobe products to reduce/eliminate certain physical mailings and expedite information delivery to his clients. 4. Use of website to provide quick answers to frequently answered questions, provide status information from various centers, and build a community. 5. Send free newsletter to interested persons in an automated fashion. Even though technology is being used heavily, Rajiv Khanna is always accessible over the phone to his clients. It is just that clients like me who are crunched for time interact with him electronically. I would recommend Law Offices of Rajiv Khanna to all the busy entrepreneurs, fast growing companies, and all IT companies.
Thank you Rajiv and team, for handling my case very efFiciently. My GC was approved through cousular processing. I am really impressed with the efficient and prompt services at the Law Offices and would definitely recommend your Law Offices for any immigration related work. Thanks again.
Rajiv is certainly an expert on Immigration Laws and will give you your options, straight up. He has retained staff who are professional, helpful and supportive. Many, many thanks to Diane Lombardo, who was always available and also to Leila and Suman, who would return calls and e-mails in a timely manner. This is a Law Office which allows you to maintain sanity through the tedious and complex INS process, and one which I highly recommend.
Rajiv, Leila, Diane, Suman and Fidelina have done an excellent job. They're all very responsible and cooperative.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.
Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:
1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
Topics for Discussion:
FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?
Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.
Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,
Point system - how it will affect those who are already waiting for Green Card.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||
Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues
Dear Rajiv I am very much delighted to say that I received my Employment based permanent residency status last week. Hats off to you and your excellent team for having done this for me within 19 months. I never ever dreamed that I would get this status within such a short time. Throughout this period I never had a feeling that your office is somewhere hundreds of miles away as I got all the work done electronically within minutes, which would not have been possible even if I had an Attorney’s office in my neighborhood. I highly appreciate the excellent work, responsibility and the best & fastest communication delivered by you & your team. Also, kindly accept our heartfelt thanks for maintaining such a wonderful web site IMMIGRATION.COM, which is the best site I ever used to obtain real immigration related experiences & information. Please convey my wishes and thanks to Subha, Shivane, Leila and all others who did a splendid job related to my Green card and Sirisha, Charu & Rena related to my H1B renewal. GOD BLESS YOU AND YOUR TEAM. Thanks again. MT