I have worked with Mr. Khanna's law firm over past 3 years for my Green Card renewal. I found the team to be meticulous and very responsive. Recently I am in India and trying to renew my green card. Mr. Khanna's team had no obligation to provide any counsel. They always made themselves available to answer the questions during uncertain times, so that I would any missteps in this often confusing process. I believe Mr. Khanna's law firm offers more than just handling of the legal process. They go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances.
Alright, first off thank you to everyone that helped me out with what to bring!
We showed up with about 30 pounds of paperwork, photos, tax returns, wedding albums, cards.
Our appointment was at 1 pm, we arrived around 12:15. We got in the lineup, and waited. and waited and waited. (got a little warm considering it is still in the high 80s, 90s) At about 12:55 they let us in along with a swarm of other people coming in for the same thing (and some naturalization cases) We signed in, and waited right up at the door to be called.
As I got my approval/551 stamp this week, I thought it would be best to share some experience to help others; This may be applicable in Texas and
Atlanta, so read with caution and use accordingly.
Texas SC
485 rcpt date 2/2002
FP done 4/2003
Approved 5/2004
My online status never changed, except when approved (No change during FP etc). This may help some who are worried like me when online status never changed.
Here is a commonly encountered situation for AOS applicants (I-485 pending) from our clients-only extranet:
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
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.
Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?
Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.
Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".
Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
My wife and I petitioned to adjust her status and shortly before our travel date we received an advance parole document in the wrong name. Rajiv graciously assisted us in handling the situation so we can travel to Korea for a wedding ceremony since her family did not attend our American ceremony. As an attorney myself, I knew the importance of finding someone with experience who can help guide his client -- Rajiv Khanna is very much such an attorney. I wish I had retained him earlier in the process.
I am in L-2 Visa with an approved I-140 from my employer with a priority date of August 2012. My H-1B applications never got picked up in the lottery. My husband's 7 years of L-1A comes to an end in March 2015. So we have to go back to India. My question is, if with Obama's immigration action develops and a possibility occurs for allowing approved I-140 petitioners to apply for I-485 and EAD, what is the process for me to get an EAD while I am in India and how can I come back to US using the approved I-140?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=808
FAQ Transcript
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?
FAQ Transcript
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Rajiv and his team has been handling Green card and related applications for me and my family since 2003. My experience has been excellent, to say the least. The long and not yet completed EB-3 India journey has been painful but Rajiv and his team have been great pillars of support all through. Our series of EAD and AP applications have been promptly worked on and many questions/doubts have been answered/attended swiftly. I especially thank Rajiv for a recent no charge conference call to discuss a new development with my employer. May God bless this team with greater success.
Thanks to one and all at Rajiv Khanna's office for the excellent support and cooperation extended to me through out my GC journey.
I have worked with Mr. Khanna's law firm over the past 4 years for my Green Card process and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision in switching to Mr. Khanna's law firm and I strongly recommend them to anyone that needs immigration counsel !