We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status.
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
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.
Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-
In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. More...
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.
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?
It is unlikely, but possible.
We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question. We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs.
We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents.
Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
Mr. Khanna and his staff is fabulous and extremely accountable! I recently had one on one conference call with Mr. Khanna and his assistant Rena and I was so much impressed with Mr. Khanna professonalism and knowledge. If I have to recommend any lawyer in future to any person; Mr. Khanna and his staff will be my first choice. God Bless Mr. Khanna and Team! Muhammed Nadeem Ibrahim
Mr. Khanna gives clear, useful advice. I have consulted on the phone twice, and on both occasions was very satisfied and very happy.
I wanted to thank you for the recent consultation I had with Mr. Khanna. I am extremely impressed with the knowledge your team has and the guidance you are able to provide. Thanks also to your fast responses to my queries and how you consistenly exceed expectations.
EB1 – Outstanding Researcher – Seed Technology/Plant Science
I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?
I cannot think of any stage at which you cannot travel. Good luck!
I thought everything was handled so nicely and swiftly by the firm. I thought it was real nice that Rajiv himself selected applicable cases to send to me and reviewed and discussed regarding where my credentials stood relative to other cases. He offered his frank suggestions on how to further strengthen my case. Moreso I felt extremely comfortable talking to him.
I would like to thank Rajiv and his team especially Dianne in taking my wife's case on EB-1 OR category. It was very professionally handled with Rajiv and his team always available to answer all the questions. Rajiv and his team are very well read about latest in immigration rules and wrote a very thoughtful petition for EB-1 OR case. As a result of Rajiv's effort only our petition was approved and we got our green card in less than 6 months. I would strongly recommend Rajiv and his team for immigration needs.
Received greencard through Eb1-b category in exactly 5 months. Diane did an impressive job in putting together the application packet in a quick and timely manner. Guidance from Rajiv was thorough. Overall, extremely pleased with the customer service of this lawfirm.
I worked with Rajiv and Diane for my EB1-B greencard petition. The initial consultations with Rajiv were a big help in understanding my eligibility (I have a PhD and work as a scientist at a Biotech company) and the paperwork required for the petition. Diane’s amazing organizational skills made the daunting process of preparing the I-140 petition very manageable. The I-140 was approved within a week of submission which is a testament to how thoroughly prepared it was. Due to the dates for EB1 India being retrogressed, the I-485 (adjustment of status) process took 3 years during which the office helped me with switching jobs via AC21 portability, renewing three EAD/AP cards and answering any questions that I may have had. The sense of urgency and empathy from both Diane and Rajiv at every step is what makes them the best at what they do. They are of course also incredibly knowledgeable and in step with all the various changes that have rapidly occurred in immigration. My husband and I finally have our green cards and we can’t thank the team at the Law offices of Rajiv S. Khanna enough for everything they do.
I had few questions on EB1C filing;
- I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India.
- I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br>
1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br>
2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br>
3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion
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.
I am really glad to have Rajiv as my attorney. It really helped me to get my card within 9 months. Diane is extremely fast and made my job very easy.
We have won a case for a Ph.D. in Immunology for EB1, Outstanding Researcher following an elaborate Request for Evidence. The applicant had extensive research experience in the following areas: Pathology, Biochemistry, Molecular Biology and Immunology. USCIS requested additional documentary evidence to support the initial evidence that the applicant qualified based on his acting as judge of others’ work, numerous publications with accompanying citations as well as substantial evidence of “original” scientific contributions.
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
We have recently won a case for an applicant who worked as a clinical dental professor and a researcher. The case was won following a Request for Evidence. We showed that the applicant qualified based on his international awards and honors and his highly regarded professional memberships. We provided substantial documentation to show the stringent criteria to obtain such honors.
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
We had great advice from Mr. Rajiv, in a few minutes he would provide a precise answer for our questions . Thank you very much.
I hired attorney Khanna for my I-140 case in EB1 category and worked with Diane Lombardo for my case. She gave me immediate feedback on whatever question i have. I filed in premium processing and got my case approved within 2 weeks. I will say She prepared a strong case for me. Thanks to Diane and Rajiv Khanna.