US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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.
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?
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.
---------------------------------------
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.
---------------------------------------
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…
---------------------------------------
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 have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.
1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?
1. The answer is yes. USCIS has made it clear that even if you have used the advanced parole the center will still allow you to do your interfiling as long as the dates for final action dates are current. Please refer the blog for more information: https://immigration.com/blogs
2. According to the USCIS you may only do so once. Although I don't know why I think it's improper enforcement of law and procedure but that's what the USCIS has said. Therefore, it is still possible, but you cannot interfile. However, in my view you can always file another I-485 to also activate the EB-3 from which you have already taken out the pre-existing I-485. Hence, I do not see any problem with filing a second I-485.
---------------------------------------
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.
September 9, 2022:
Important FAQ from the USCIS about what to expect during this fiscal year #immigration
https://www.immigration.com/blogs/fiscal-year-2023-employment-based-adj…
----------------
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