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.
I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+
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:
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
We were retained to assist a single US Citizen woman to adopt a child from India. Due to India’s rigid regulations pertaining to who is eligible to become an adoptive parent of an Indian orphan, our client was initially worried this dream would never come to fruition. She had received very discouraging advice from several sources. Nevertheless, within about one year’s time after we started working, the process is completed. Both immigration related petitions (I-800/I-800a) were approved within a few weeks after submission.
E Visa company registrations - It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation.
Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:
I have adopted a daughter from India. Rajiv S. Khanna Law firm did I-800 for the adoption. Everybody was very helpful throughout the process specially Ms. Sheena Gill. She worked effortlessly on my case, finding an adoption agency to making calls to CBP. This process would not have been possible without Ms. Sheena’s hard work.
On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests. USCIS remains unable to approve any Form I-600.
The U.S. Department of state released the following information pertaining to non-hogar Guatemalan Inter-country adoptions:
On March 30, 2009, USCIS assumed responsibility from the DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation, this release provides responses to commonly asked questions on the issue.
Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
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.
Media Note Office of the Spokesperson
Washington, DC
November 18, 2011
The Department of State is pleased to announce the release of the 2011 Annual Adoption Report to Congress, which coincides with National Adoption Month. This year, we welcomed Kazakhstan and Ireland as new parties to the Hague Adoption Convention. The Convention provides the best framework for ethical, transparent intercountry adoptions and ensures that adoptions are conducted in the best interest of children.
Yet again, great advice and counsel from Mr Rajiv Khanna, P.C. He is more than an attorney. He comes across as a deeply concerned and compassionate human beling eager to listen to one's situation/s and (immigration)circumstances. He's provided me plenty of legal ammunition and warewithal to resolve my son's immigration quandary. I am eagerly looking forward to paying him a courtesy call to express my profound thanks and gratitude. I hold him in high esteem for his eminence and knowledge of the US immigration laws and system.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).
Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.
I am a child of a permanent resident and I got a I-130 approved 2003 but I was under the age and still single never been married when that was approved. Right now I posses an Employment Authorization that I have been re-applying for since 2000. Can I apply for a permanent resident?
I am assuming your priority date is not current. If that is so, you cannot get your green card until all preconditions, including the priority date being current, are met.
We have recently won a case for a physician working in several rural clinics as well as his private practice within a medically underserved area. We were retained following a denial of the I-140 petition for NIW. We filed an appeal as well as an amended (new) I-140 application to show that the physician had met the 5-year service requirements for an NIW. The applicant had moved from one medically underserved area to another while the original I-140 was pending. The issue was whether an “amendment” could have been filed in this case to notify USCIS of the move without an approved I-140.
U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period.
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.