We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376
FAQ Transcript
We obtained both and Outstanding Researcher and National Interest Waiver for this applicant. Based on his strong academic record and exceptional work experience we were able to obtain letters of recommendation from leading experts around the world. The applicant was currently working for one of the most prestigious research/teaching institutes in the world. His innovative research was noted internationally and he had multiple scholarly articles in well-respected journals. He also held membership in leading professional societies.&nbs
We won a case for National Interest Waiver for a Physician working in a medically underserved area. We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.
We won both an EB1 Alien of Extraordinary Ability case and a National Interest Waiver for this applicant. He was noted as being an exceptionally qualified, brilliant and outstanding researcher amongst an international peer group. We provided copies of his substantial publication record as well as evidence of his numerous "invited" presentations. This applicant had patented material which was identified as innovative and pioneering in the field and admired by top researchers.
We won this case as the applicant was noted to be a critical component to the success of various projects and had a very large impact on the research program. Referees described this applicant's talents to be rare and difficult to replace by U.S. workers. Her original and pioneering research made her uniquely qualified to further this intrinsically important research which greatly effected the nation as a whole.
We won a National Interest Waiver case for a Molecular Biologist holding a Ph.D. having over ten years of research experience. We argued that her qualifications were unique as compared to others in the field and that she was noted as one of the few in her field that has achieved the highest level of success. She had remarkable contributions to the field, most notably her significant discoveries in cardiovascular research. This applicant had an extensive publication list as well as a book chapter.
We won a National Interest Waiver case for an applicant holding an M.D., Ph.D. and MSE in Biomedical Engineering, and a B.Tech. in Electrical Engineering. This applicant had an extraordinary background. His degrees were received from the most prestigious institutes in the world, notably Harvard, MIT and Johns Hopkins University . His pioneering work has lead others in the field to a better understanding of what causes sudden cardiac death through fatal arrhythmias. His work was quoted as "revolutionizing health care."
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
I have known Mr. Khanna and his team for over 15 years now, and have exclusively used their services any time there has been an immigration related need personally or for my organization. They just have a knack for getting things done and I will unequivocally recommend their services to anyone.
I have a Master’s Degree in Science. I have been awarded the final Degree certificate by the University. But I completed the conventional 2 year program in just 1 year. Will USCIS see my M.Sc degree incomplete?
This is where the evaluators step in.
I have a lot of experience with the immigration lawyers. This time with Rajiv's office is a WAY different (better) experience:
* immaculate filing preparation - this is not some sloppy paralegal preparing your docs with bunch of misspellings and inaccuracies;
* excellent communication - forget your voice-mails with no responses or the your attorney's email black-hole. Rajiv's teams are fast in response and their answers are clear and focused on what you need to know.
* deadline oriented - with Rajiv S. Khanna's office you KNOW the answer of all your when,where,why and hows....If they commit to date - that is your filing date.You never get nonsense excuses.
* respect - all we know that immigration process is not straigth forward and trivial process. Some times things can get bumpy and you may loose your patience. At this time you need moral support and respect no less then a legal help. Rajiv's team is there for you - your best friend and guide. Actually you become at some point member of the team.
* professional awareness - here I'm going to say just one thing and if you read this you'll understand what I'm talking about. This is the first attorney company that I'm working with and I DO NOT have the feeling that I'm more up to date with the immigration law changes and updates then my attorney.
I know at a time I sound like commercial ad, so let me put some names to my words.
My awes goes to the Mathew and Aruna team. Thank you for the excellent job done so far.
And here is my time-line:
PERM: FD: 8/11/2005 AD: 9/12/2005
EAD AD 10/4/2006
AP AD 10/4/2006
I140 AD 8/5/2006
I485 .. soon...
Is it necessary for a beneficiary petitioned for Green Card under EB-2 classification (based on a U.S Master’s Degree) to have a degree from an accredited U.S. university?
A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.
I have been working with Prerna and Mr. Khanna for several months now to convert my EB3 to EB2. They have been very responsive each time and I really appreciate that when it comes to big firms. In the past, my trouble with other firms were with responsiveness. I would give 5 out of 5.
We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.
We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.
Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category wi
Great help and follow through every queries from USCIS in detail. Mr. Khanna team is very helpfull. From the start of my H1 until my GC
I am very satisfied with Rajiv Khanna and his team for all the effort and work for the successful approval of gc. They have been very professional and proactive at every step of the process and keep you in loop so that you are aware of the developments. The team is ready to answer your queries or concerns every time you have any.
Art was handling my case and took of everything from start to end. Could not ask for anything more.
If you are looking for a firm to handle your immigration matters then this is the one.