Search
Guestbook Entry for Dr. Jitendra A. Joshi, United States
Processing Times Involved in NIW
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.
Guestbook Entry for G. Muhuri, Canada
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.
Physician filing green card
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.
EB2 - National Interest Waiver
We won this case for the applicant utilizing nine strong recommendation letters from sources around the world which included field experts as well as industry.
Profession/Occupation
Green Card
EB2 - National Interest Waiver
We won this case based on the applicant's critical role in a key U.S. Air Force project. His level of expertise in this specialized field was highly sought after and necessary to achieve the military's objectives. We provided letters from experts in the Air Force stressing their need to keep the applicant on the project or else it would fail.
Profession/Occupation
Green Card
US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
Pros and Cons of Adjustment of Status and Consular Processing for Green Card
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
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 Sree Sundaram, United States
Comments: Rajiv Khanna is an extremely competent attorney and I am extremely pleased by the service provided by his staff. I specially commend Diane Lombardo for getting things done quickly, efficiently and correctly. I would recommend this firm for anyone wishing to hire a lwayer for their GC process. Country of Birth of primary applicant: India Country of Birth of beneficiary: Colombia I-140 NIW Application received by INS on Jan, 13 1998. I-140 Additional evidence requested on April 23, 1998. I-140 Approval received on Jun 13, 1998. I-485 Received by INS on Aug 5, 1998. I-485 RFE sent out by INS on Nov 12, 1999. RFE was for employment letter, original geographical area of NIW approval and birth certificate. I-485 Response sent on December 7, 1999. I-485 Approved on December 23, 1999. Passport stamped on January 3, 2000 using courtesy copy (not original copy). Further, for those who are wondering how I was able to submit my I485 application in August 1998 when my priority date is Jan 13 1998, I qualify since I cross-charged my application under my spouse's country of birth.
Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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.
Changing Jobs and Supplement J
How long does the supplement J form take for approval? What happens if supplement J is denied? Can I work with the new employer without filing supplement J?
Watch the Video on this FAQ: Changing jobs and Supplement J
Video Transcript
Supplement J is essentially a replacement for employment letters. See my blog for the rules.
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.
Dec 13, 2018 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics:
Marrying a Canadian and bring them to USA || I Apply for a NIW through EB2 || COS to L-1A || Can any company revoke I-140 after 180 days || H-1 transfer || 3 year H-1B extension || Fiance visa || H4 EAD and starting a business || EB3 to EB2 porting of priority dates
Green card based upon one-year old child
I want to know if a mother of a 1 year old child will automatically receive her green card when the child is getting hers.
No, I cannot think of any such possibility.
Sponser Birth Certificate
I have GC interview for my parents. I have photo copy of my birth certificate. Do i need original birth certificate of mine when we go to interview. If i don't have that, will the office deny the case or send us back for another interview.
USCIS does have the right to insist that you produce the original. They may give you time to get it if you do not have it. It is best to start the process of getting it right now.
27 May 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
I got my GC on March of 2016 through my then employer. Soon after getting my GC my project ended (May 2016) abruptly because of the change at client location. I did not had any project at hand so I started looking for a new job and started to work with new employer in June of 2016. There was no official end date of my employment with my previous employer through which I got my GC because they were looking for a new project for me but without any certainty how long it could be before they can find me a new project. While they were looking for a project for me, I already started working for my new employer so I just moved on without any official end date with my previous employer.
In Feb of 2019, I started a second job with another employer. Currently, I'm working 2 jobs full time on GC.
I am now eligible to file for citizenship through 5 years of permanent residency requirement. I'm worried if there will be any issues while I file for my citizenship because I did not stay with the employer that file my GC long enough after receiving my GC. Also will there be any issues because I am currently working 2 full time jobs when I file for citizenship?
I think it is fine, I personally don't see this as a problem and you will be able to file for citizenship. However, I would still want you to consult with a lawyer discuss your particular case understand the pros and cons.
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.
AC21 Job Portability
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
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.
08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
I-130 for visiting parents
I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?
You will need to file 130 and adjustment of status papers together.
05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
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.
Guestbook Entry for Dilip Jeyram, United States
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
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.