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?
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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:
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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.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.
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
Cut off date of approved petition for my sister and family is 17 May 1999. My sister who is Indian citizen, is at present in Botswana. My nice who is 18 yrs. and approved in petition is aready in US on valid student visa. Can she apply for change of staus indepentally when visa number is available or it has to be together with family . Can she apply before her parents apply or it has to be simultaneous?
I have not looked into this issue specifically but my instinct is that AOS within USA may be problematic for her before your sister gets her green card. As a practical matter, she will only need to make a brief - perhaps a week long trip once to get her green card with the family.
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.
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.
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
Discussion Topics, Thursday, July 22, 2021:
Got GC problems?? Talk to Rajiv Khanna. That's exactly what I can say to all of those who are facing trouble in thier GC filing In 2006 I got my labor approved. I filed for I-140 in Nov-2006. And then 485 in Aug 2007. On 2009 Jan 6th I had received an Email from USCIS that my I-140 had been denied. There was no MTR given in my case and USCIS made a point that my consulting company got my labor in fraudulent manner and my I-40 can't be approved. My consulting company lawyer said there is nothing anyone can do in my case. So I contacted Rajiv Khanna. He took my case as if he is fighting for own. And he assured me that USCIS is wrong is denying my case. He himself prepared all the paperwork and involved me in all conference calls. I could listen very carefully on how he dicatated the case to his team and his team polished the necessary items further before filing the case. Rajiv Khanna and his team takes every case personally. They are the best. On 2010 Jan 2nd I received another mail from USCIS. Said my I-140 case has been approved. I never would have thought that I can start New Year like that. My kudos to Rajiv Khanna and his team (Mathew, Sheena) who always responded to my email regarding all case related queries and provided help in best possible way. Please do not hesitate to send me an email if you like to any other questions. But I would suggest and say it again. Rajiv Khanna is the Man you want to talk to for all your GC issues. Thank you Rajeev. I truly appreciate the way you worked on my case.
Can I petition my brother to come here who has a serious medical issue and needs my help?
Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.
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.
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
Rajivji god bless you!! Many thanks for your guidance during our 485 crisis. Absolutely phenomenal service and prompt. Whole team is great and supportive, so nice and humble and make us very comfortable gave us courage not to worry things will be taken care off. He is the best lawyer and very prompt and with high tough definately. I strongly recommend take service from Rajiv khannas office. Surya
I am a legal permanent resident for 14 years; I would like to know what I need to do to ask for my brother to become a permanent resident or green card. He’s here in U.S visiting me with his visa. He is 27 years old and not sure if I am eligible to request it.
You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin
My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.
It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.
My sister just got her green card last year. Can she petition her siblings ages 22 and 24? how long does the processing take?
Only US citizens can petition for their siblings.
I was denied B1 because of lack of documents. On reality I have applied for Green Card as my sister is citizen of USA. How can I convince US officers that I will not abandon India and settle down in USA.
I do not know of any special proof that you can provide. This is purely a matter of consular discretion.
I am a citizen here and would like to apply GC for my brother's family in India. My question is brother and family have 10 yr visiting visa and they keep travelling here every 2 yrs. Once I apply for their green card, can they still continue to visit here with their visitor visa? When would their visitor visa gets invalid.
Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.
I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?
You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
I have been a petitioner for my brother since I offered it in 2002. Now, I don't want to be a sponser for my brother. Can I cancel it or not?
You can withdraw the Form I-130.
I was very pleased with answers I received from Mr. Rajiv S. Khanna to my questions on my immigration case. He pointed out one detail about my case that I forgot about, and that helped me to make a more educated decision as to how to proceed with my case. Thanks a lot, Rajiv!
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.