EB2 Green Card

Concurrent AOS filing for EB-2 Physical Therapist

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Obama's Immigration Action EAD At I-140 Stage

I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

I have heard that there is a proposal to allow filing of I-485 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Executive Actions on Immigration - USCIS

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.

Immigration Law : 
Agency: 

Cross-Chargeability

I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules.
1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules?
2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)?
3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth?
4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript
Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Shyam Patil, United States

Name: 
Shyam Patil
Profession/Occupation: 
State: 
NC
Nonimmigrant Visas: 
Glossary: 
Immigration.com: 
Green Card: 
Country: 
United States
Comment: 

Thank you very very much Rajivji and Vijaybhai for all the help with my PERM process and finally it was certified on Nov 13th(PD 06/25/2014).

Guestbook Entry for Asfar Sayeed, United States

Name: 
Asfar Sayeed
State: 
Florida
Green Card: 
Country: 
United States
Comment: 

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.

Guestbook Entry for Pratik Saraiya, United States

Name: 
Pratik Saraiya
State: 
Virginia
Green Card: 
Country: 
United States
Comment: 

Rajiv and his team were very helpful during the entire GC process. I come from a non IT background but his team respresented my case with the appropirate attention. I would not hesitate to recommend Rajiv and his team to any friends or family.

Thanks again.

Writ of Mandamus for Govt. Delays

Hello Rajiv Ji, Thanks for your time and responses (over the email). I have below questions. 1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks. 1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it? 1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again. 1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"? 2) I am using my EAD. My labor says "Senior Analyst" as my job title. 2.a) Can I accept a promotion with a director/managerial job title ? 2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects. 3) Can I switch to H1-B as a safe measure? 3.a) Does switching mean I am abandoning my GC? 3.b) Do I need to go out of the country for stamping or can I continue to work without going out? 3.b) what are the risks involved?

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Sampath K Desinani, United States

Name: 
Sampath K Desinani
Glossary: 
Profession/Occupation: 
Immigration.com: 
Green Card: 
State: 
VA
Country: 
United States
Homepage: 
sdesinani
Comment: 

My GC approved August 2014. I am very thankful to Rajiv, Matthew and their team for their excellent work. Prerna was very helpful and took utmost care in handling my case.

I have worked with Mr. Khanna's law firm over the past 9 years for my Green Card process from the beginning of labor file to I-485 approved 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 i went with Mr. Khanna's law firm and I strongly recommend them to anyone that needs.

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