US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
Discussion Topics, Thursday, June 10, 2021:
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
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 22, 2021:
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.
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.
We had great advice from Mr. Rajiv, in a few minutes he would provide a precise answer for our questions . Thank you very much.
It has been a great experience with Mr. Khanna's office. The law office executives and Managers are highly helpful, meticulous, providing assistance even to the simplest query.I would always recommend their service for any immigration assistance.
I have been interacting Mr. Khanna and his office for my Green Card processing. They have my taken case as though this is one single case that they are handling and giving all the attention it needs. I am confident with this team, I will eventually get my Green Card and am thankful for the team.
USCIS is launching a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. "Verification Instrument for Business Enterprises" (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE's regarding petitioners' business data and eventually to make submission of routine documentation unnecessary.
Rajiv and his team are simply awesome. Rajiv knows the subject matter and is very thorough with all the rules and regulations. I was impressed with the humility, simplicity and honesty.
I was assisted by DIane Lombardo a colleague and team member of Rajiv, who was diligent, detailed, prompt and persistent. Diane is highly focussed, paid attention to minute details and analytical. Diane always responded to calls and emails within 2 hours, and referred the matter to Rajiv, whenever required for specialist advice. A great team indeed. Anna Baker also was involved in the coordination and I did see that Anna made extra efforts to ensure all documentations are perfect.
I highly recommend Rajiv and team for all immigration related work.
It has been a great experience working with Diane in filling my greencard , She is very professional and lighting fast in responding to all of my questions. Overall it was a great working with this firm Thanks Vinnan
USCIS sent an RFE for my H-1B petition and indicated that they have attempted to validate the company or organization in its Validation Instrument for Business Enterprises (VIBE) system. What is this?
USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization. This information includes:
• Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
• Financial standing, including sales volume and credit standing
• Number of employees, both on-site and globally
I am back once again in the client feedback forum to express my appreciation and thanks to Rajiv and Savita for their brilliant and extra ordinary work they did for my I-140 (EB1 Multination Company Manager/Executive) My case needed all their brilliance and ability because I dont work for a well known company and my company is a small business with operations in 2 countries. Off late I have been getting irritated with a few of my friends if they hire any other lawyer other than Rajiv and I am now very much convinced that I am right. I sincerely thank Rajiv, Savita and everyone at their offices for their excellent and efficient services.
Have been dealing with Mr. Rajiv Khanna and his team for the last several years. Exceptional professional service! A quick grasp of any complex situation and defintely he provides a solution that is pragmatic. A very rare and talented attorney who protects the rights but has empathy, at heart for his clients.
Both my L1A visa related work and my EB1C related work is done by Rajiv's Law office. My experience with them was simply awesome. They know the process well and they 1st understand the profile and about company and guide us accordingly. I think they are really a subject matter expert in this. Also I appreciate the response time, Anna worked on my L1A and Diane worked on my GC application and both were kind, pateient and prompt in responding any query. They patiently asnwered all my queries during the process. I got my GC in 2 month's time after filing and it was quick. You get personalize service during the process and which is very important since you are sure about what you are submitting to the department. Overall it was very plesant experience working with Rajiv's office and will definately recommend this office for all future immigrants. Good luck Rajiv and his team.
I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries: The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage? My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states: "Exceptions: Birth certificates are not available to persons born prior to 1968. " Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?
Video Transcript
I would prefer you to get a non-availability certificate along with two affidavits from people who were alive when your parents were born. That is what I would recommend. If it is too cumbersome you could try to set up the reciprocity table as evidence if such documents are not available. FAQ in detail...
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 received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.
There is no specific format for a non-availability certificate from the local administration. It can be a letter with the official stamp, a letter on their letterhead, or a specific form that the local administrations have created for their own use. You should get one.
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
Discussion Topics
FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||
One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?
You could send in a request to the USCIS for correction of the typographical error by taking a screenshot. Attach it with the rest of the documents and now you have enough proof to show who you are. Also, typographical error depends upon who made the error and in which context it's being raised. Sometimes it is just an easy fix and complicated at times. Let your lawyers help you with that decision in this case. I think if you have a screenshot of a requested correction you should be fine.
How does EB-1C portability work?
I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
Sure. EB-1/EB-2/EB-3 all of them can be ported.
Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer? Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer? Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know? Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?
Generally speaking for L-1/EB-1C there are no requirements of any kind that say that the employer has to pay. The employee can pay for I-140 and I-485.
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