FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/OMuYdzLJ2qQ?t=1436
FAQ Transcript:
Folks,
We filed H1B/H4 and Green Card application through Rajiv's Office.
His team: Anna Baker, Richa Narang, Prerna Mehta, and Attorney Mathew were very helpful and diligent. They would answer our queries promptly. Moreover, Rajiv was on conference calls when my company had some questions about filing for Green Card. Our Company had good faith in Rajiv's ability to deal with immigration related matters.
Rajiv's team....Thanks a ton!!
Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.
This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).
I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.I contacted Mr. Khanna in January this year regarding the filing of my Green-Card. I found him very polite, sincere and prompt person. Ms. Diane Lombardo is handling my case. She is very prompt; beyond my imagination. She hardly takes time for her response. Although, it took me some time to collect my all papers, my application was received in May by INS and within eight months I got my I140 approval. I found the other members of Mr. Khanna’s group are also very sincere and polite. I strongly suggest to those looking for an immigration lawyer to contact Mr. Khanna before deciding for the service of an attorney.
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.
Thanks.
USCIS wants you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, USCIS may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a signature.
Rajiv S Khanna's Law Firm, based in Virginia, is working on my Green Card. I should tell you that I am extremely happy with their service. I have never gotten a chance to speak to Mr. Khanna but I have been 'constantly' in touch with one of his staff, Homa Naderi. She is simply the BEST!! Goes the extra mile to get the job done. Very pleasant to talk to. Someone whom you can count on as a friend. I would first recommend you to visit their website before contacting them. The have a fabulous website, www.immigration.com . It has got a wealth of information ranging from the legal fee structure to the latest news on immigration policies, status, etc. If you decide to go with them call their office and do insist for Homa Naderi to be your point of contact. She will make this long-hard-laborious-US-Visa-pilgrimage a pleasant experience. Feel free to call me or email me if you have any questions at 972 571 1882. Krishna
It has been a great working with Mr. Khanna and his team, especially Miss Diane. Visa and Green Card processes sometimes are very laborious and tedious too, especially if you have a very long wait time for the approval of your case or RFE. Both Mr. Khanna and Miss Diane answered all the queries I had very patiently, guided me and my wife properly throughout the immigration process. They thoroughly studied my case scenario and provided very honest and practical solution. They always got back to me in timely manner whenever I had any doubt or question. I strongly recommend Mr. Khanna's law firm for resolving any visa or immigration issues you may have!
Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?
I and my wife got my GC approved on June 19, 2003. We got an RFE and then our files were transferred to the local INS office in San Diego, CA. I got full support and guidance from Rajiv Khanna's office and could talk to them and reach them in all situations, I have a very pleasant experience working through Rajiv Khanna. Thanks a lot Rajivji for your help and support. Good luck
Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.
My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?
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.
Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,
Point system - how it will affect those who are already waiting for Green Card.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
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.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States.
Rajiv Ji, Glad to inform you that we got our GCs couple weeks ago. It has been a pleasure working with your office for almost 11 years now. I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting our Green Cards.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Excellent Support for 11 years Finally got it! Law Offices of Rajiv S. Khanna handled my GC processing competently from the beginning. I was mostly in touch with Prerna and she was always very prompt in responding to all my questions and concerns. Thank you Rajiv and team!