General Green Card

What happens when an employer is under criminal investigation/indictment?

What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?

That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases. 

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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May physicians process GC during residency?

Is it possible to start GC process during my first year medical residency if my hospital agrees. Have you dealt with cases like this.

The essence of a green card application is that it is meant to be for a job in the future. 

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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Is salary reduction possible/legal?

Quote:

1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.

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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Green Cards for Physical Therapists

I am a licenced physical therapist in Michigan and working on my OPT. Is it true that PTs and nurses are exempted from the labor certification during green card process? and they do not need to file labor certification? And considering the current scenario, can you please let me know approximately how much time does it take for a physical therapist to get a green card?

 PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.

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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If I-140 gets revoked/denied does my H-1 extension get canceled?

Quote:

If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?

Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.

Quote:

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 Veera Vemula , United States

Name: 
Veera Vemula
Green Card: 
Nonimmigrant Visas: 
Country: 
United States
Comment: 

We have applied all my H1, H4 and Green Cards through Rajiv's Law Office.

We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team.

When my company asked me for the best immigration lawyers several years ago, I have told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team.

The availability of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng.

My special thanks to Prerna Mehta and Mathew Chacko for their excellent help, support and advise in my GC process.

I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms.

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.

Looking forward to recommend your law firm to my friends.

Expected I-140 denial

Thanks in advance for your help. My current situation is this : 1. Applied for I140 and received RFE 2. RFE requires Employer's 2007 tax document and my recent W2 3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008. 4. This is my 6th year in H1 B and it expires in October,2009 My questions are: 1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor? 2. If Labor is approved, can I file my I140 premium and apply for 7th year extension? 3. How long will it take to cancel the current I140? Please help me out regarding this situation. Thanks and awaiting for your valuable suggestions.

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

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 Latish Sehgal , United States

Name: 
Latish Sehgal
State: 
TX
Country: 
United States
Comment: 

My experience with Mr. Rajiv Khanna's Law office has been excellent so far. I have received my Labour and I-140 within a year inspite of getting an RFE (which was handled very well).

Does filing for any green card permit me to stay in USA?

I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here. Is there any work around or change of status through which i can stay here?

So, the questions is does filing for any green card permit me to stay in USA?

The answer is no.

Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.

That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.

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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