EB2 Green Card

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.

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: 

I am very thankful to Rajiv Ji for his supporting to approve my GC.

I am working with Rajiv ji last 9 years from filing my labor to I-485 approval.
Rajiv suggestions approaching in these 9 years is very valuable and way approaching filing and there is no chance any mistakes from there end.

Guestbook Entry for Vishal K, United States

Name: 
Vishal K
Profession/Occupation: 
State: 
Maryland
Country: 
United States
Comment: 

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 !

Indian Experience While Filing PERM

My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA)
Job requirement:
Education: Master’s degree, or equiv., in computer information systems or related field Experience: At least 1 year in position offered or in design defect fixes/enhancements I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer). Can we show current employer India experience while filing PERM?

Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
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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EB-2 or EB-3

I have two Bachelor's degrees from US universities. A 3-year Bachelor degree in Science and a 2-year Bachelor's degree in engineering. Will I be considered for a EB-2 visa with this? In case I don't qualify for EB-2, my dilemma is that, I have worked approx 4 years at my current job. Should I wait another year to file EB-2 or should I just file EB-3 now? Also, do internships qualify when counting the number of years of work after school?

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

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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GC in L1-A Visa

I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me.
My Questions:
1. How long I need to wait to initiate the GC process?
2. Do I have a choice of selecting the type - EB-1 vs EB-2?
3. I don't have bachelors or masters degree. Will that be a barrier for applying GC?
4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.

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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