Employment Based Green Cards

EB3 to EB2 and I-140 Refile

I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

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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Immigration Law in the Workplace

Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association
)

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Immigration Law : 
Profession/Occupation: 
Nonimmigrant Visas: 

Guestbook Entry for satish Jalkote, United States

Name: 
satish Jalkote
Profession/Occupation: 
State: 
New Jersey
Country: 
United States
Comment: 
I finally received my green card this month after 5 years. Just a little background, I been working with Rajiv ji since 1999 , I almost have 6-7 H1 extensions. I started my GC process before Perm and been through almost all the possible complications one can have. I can proudly say that with help of Rajivji and team I am able to finish that journey without losing the hope. I got an opportunity to talk to Rajivji for than 6-7 times on different problems. I am really amazed the way he handles these repetitive questions with sincerity and in-depth knowledge of his trade.

On one Friday I received a notice that USCIS transferred my I-485 case to AAO by mistake even after they approved my second I-140. I was really upset as it means there will be at least 18 months delay even if my date is current. To my surprise I received CC email from Mr.Khanna on early Saturday morning guiding his team about next step. It clearly shows how closely he monitors most of his cases.

Also many thanks to [b]Sumanji,Anna, Mathew,Rita,Bharthi,subba,Pranita[/b] and other staff members who are very co-operative during this process.

I am greatly thankful to one of Rajivji’s [b]attorney Ms Sheena Gill[/b], with whom I worked for last two years. She is more than one can ask to get[b] best case manager[/b] on your case. Since USCIS send my case I-485 to AAO it was clear that this case will go nowhere. Sheena was super prompt in following up the case during this time. Without her efforts it was not possible to reach at this stage.

I am thankful to Mr.Rajiv Khanna and his staff for all the help during these nine years.

EB1 Extraordinary ability

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

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 Ashok Desai, India

Name: 
Ashok Desai
Profession/Occupation: 
Country: 
India
Comment: 
My wife, both daughters and I received our GC on Sep 02, 2009, I started the whole process with in June 2004, with Rajiv S. Khanna as our attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules &amp; regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no RFE’s except at the last stage for my wedding certificate. I am specifically mentioning this because I have seen some of my friends stuck for years in the process because of careless paperwork. We are greatly thankful to Mathew Chacko, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Bharathi Gajala, <SPAN style=”mso-spacerun: yes”>Lakshmi, Tarun, Rita and other staff members who are very co-operative and would return calls &amp; e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Many of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff. SPAN>

USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9 Extended to Aug. 31, 2012

U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012.  Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. 

Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009.  The revision dates are located on the bottom right-hand portion of the form.

Profession/Occupation: 
Agency: 

SCOPS Updates - 08/24/09

USCIS will go on accepting Employment based Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009 - According to the availability listed in the August 2009 Department of State Visa Bulletin USCIS will go on accepting Employment Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009. However, as of September 1, 2009, the September visa bulletin will control and this category will turn out to be “unavailable”. For more on this please click the recent visa bulletin here.

Agency: 

Guestbook Entry for Christdoss , United States

Name: 
Christdoss
State: 
Massachusetts
Country: 
United States
Comment: 

It was back in June 2005 we signed with Mr.Rajiv's firm regarding my employment based GC process. With the excellent process and support from Rajiv's office my PERM labor got approved in 4 months and then I-140 in 7 months and there was a RFE which Mr.Mathew helped my employer by contacting USCIS and effectively getting approval. With lot of inquiry made by Rajiv's office and continuous follow-up with USCIS my case and my wife's case got approved without any RFE.

I sincerely appreciate their help and patience shown during my GC process and highly recommend them for any immigration related process.

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