General Green Card

EB-5 Investment-Based Green Cards

Question details

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.

I had a few questions regarding the following:

For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?

For EB-5 Immigrant Investor through New Commercial Enterprise

7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?

Priority date retrogression -- consequences and concerns

Question details

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending?

Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?

A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.

Guestbook Entry for Joseph Mathew, United States

Name
Joseph Mathew
Country
United States
State
Pennsylvania
Comment

I recently started my GC application with Mr. Khanna and his team. What I found most remarkable was the timely responsiveness and expertise of Mr. Khanna and his team. They were quickly able to address our issues and provide valuable insights based on their vast experience in the immigration area. Thanks once again for all your efforts. Truly appreciate it.  

Guestbook Entry for Raghava, United States

Name
Raghava
Country
United States
State
MD
Comment

I have worked with Ms. Diane Lombardo and Mr. Khanna from past several years for my O-1 visa, J1 Waiver and GC. Diane and Mr. Khanna are always very accommodating and helpful.  They have guided me through the entire process diligently and professionally. I have very truly recommend them to my friends without any second thoughts.

Questions regarding I-485

Question details

I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.

Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?

Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?

Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?

Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?

Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?

Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?

Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?

Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?

Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks

Answer 2: A visa stamp is NOT required. Proper status only is needed.

Guestbook Entry for RAZIA HAMDOON, United States

Name
RAZIA HAMDOON
Country
United States
State
NC
Comment

Yet again, great advice and counsel from Mr Rajiv Khanna, P.C.  He is more than an attorney.  He comes across as a deeply concerned and compassionate human beling eager to listen to one's situation/s and (immigration)circumstances.  He's provided me plenty of legal ammunition and warewithal to resolve my son's immigration quandary. I am eagerly looking forward to paying him a courtesy call to express my profound thanks and gratitude.  I hold him in high esteem for his eminence and knowledge of the US immigration laws and system.

Guestbook Entry for RAZIA HAMDOON, United States

Name
RAZIA HAMDOON
Country
United States
State
NC
Comment

I will remain ever grateful to Mr  Rajiv for the guidance and direction he's given me.  He's come as a beacon of hope!  After many years in the US (wasting time and money experimenting with various immigration lawyers), I will now be able to get my permanent residency and eventually, employment. Thank you, I remain a grateful client.

Green Card for musicians

Question details

I have a Christian band, and we have 2 CDs out for sell already, one of our singers would like to know how to obtain a green card with our band, is this possible?

A green card through work is unlikely unless either he/she has a full-time job offer in her field or is nationally/internationally recognized.

Family Unification and Green Card

Question details

I want to know how I can come back to US. I came US 2006 like a guest, stayed about 5 years & left US. But my family still there, ex-wife, two daughters older 20 year old & younger 17. When my daughter turns 21 year old can she apply for family reunification, especially for me?

One of the ways could be for your daughter to apply for your green card when she turns 21. The problem is, if you were unlawfully present in USA for more than a year, you may be barred from entering USA for 10 years.