It is so nice to keep in contact with attorney Rajiv S. Khanna and his Law Farm. I really appreciate there kind help regarding my immigration related problems. Thank you Mr Khanna and Mrs. Leslie for all your help.
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
Please check the attached document to read USCIS memo on timeframe to respond to RFEs on provisional unlawful presence waiver requests.
Thank you for your prompt and highly informative, sensitive reply to my query. I hope my son, Srinivas, will tap into vast expertise and accorded help, and emerge the winner. Thank you. Mrs. Rao
This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum
Mr. Rajiv and team are amazing. They really supported our GC processing by all means. The immigration Portal is so informative and helpful in making critical decisions.
Rajiv, Subha, Leila, Suman, Lakshmi, Charu, Prerana, Richa every one were so helpful during the process.
They were consistently supporting during the long process of 3years and 9 months to get our GC.
I wish many more other clients of this company will succeed like us in getting their GC because this talented team help.
An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?
There has been no change to this policy. USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.
Mr Khanna and his team are doing an amazing job helping me with my green card process. Rajiv's immense experience and the depth of his knowledge on immigration matters answered all my queries. It also helped me looking at things with a better understanding of immigration related rules. He and his team are courteous, knowledgable and thoroughly professional.
Thanks Mr Rajiv Khanna for providing us guidance regarding travel on AP while being on H1-B. We are really looking forward to our India trip soon.
Finally,finally,finally............
I got the GC, ending the long wait...Even though the journey was long ,the Friendly office of Rajiv S.Khanna(sorry to tweak the name) helped it to be smooth by taking care of all the minute details. I felt like a strong manager for having delegated an important work in my life, to a highly professional bunch and just went on with my life without worrying about anything. I was fortunate to meet many in the group in person.They were even more friendly and helpful whenever I went to their office.
As we all know one of the important topic in Desi gathering is GC and I was always proud of saying that
I am being taken care by Rajiv Khanna and here afterwards I will proudly say that I was taken care off by the "Friendly office of Rajiv S.Khanna"
Above all let me ask Leila something. "Leila, your friendly attitude and that wonderful gracious smile all the time...is that Gods special gift for you"
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
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.
FAQ: Consular processing employment-based green card with a job offer from a different employer
On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:
You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
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.
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
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.
What exactly is interfiling?
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
Discussion Topics, Thursday, April 28, 2022:
Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.
When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||
My current stamped visa has expired, I've received EAD & Advance parole (EB3) which is valid till July 2023. I'm still on H1B and haven't used EAD or advance parole. I've a 4 days closed loop cruise trip planned from Florida to the Bahamas. I would be using my advance parole to re-enter the country. If I use advance parole (EB3) to re-enter the country , can I interfile in EB2? Would using advance parole (EB3) to re-enter the country change my status to immigrant and impact my ability to iterfile in EB2?
Read my comment on my blog. The USCIS has said they will permit interfiling even after reentry on advance parole.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I entered USA on AP (EB3 EAD), I have a valid H1B I-797A till May 2024 I have approved EB2 I-140 I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing)
1) How can I get back on H-1B status without going for stamping?
2) Can I interfile my EB3 485 to EB2 485 with pending EB3 I-140
Since you have already entered and resumed the same job you are still considered to be on H-1B. There is nothing to get back to.
Yes, you can. Although you have traveled on advance parole you should be able to file EB-2 interfiling.
For more information you can also visit my blog:
https://immigration.com/blogs/adjustment-status-transferring-basis-i-48…
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Rajiv and his team has been handling Green card and related applications for me and my family since 2003. My experience has been excellent, to say the least. The long and not yet completed EB-3 India journey has been painful but Rajiv and his team have been great pillars of support all through. Our series of EAD and AP applications have been promptly worked on and many questions/doubts have been answered/attended swiftly. I especially thank Rajiv for a recent no charge conference call to discuss a new development with my employer. May God bless this team with greater success.