Employment Based Green Cards

Obama's Immigration Action - EB-3 Quota

Question details

Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

Discrepancies In Date Of Birth Information

Question details

Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions.
Really appreciate you taking out time for this kind of questions.

FAQ Transcript
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EB-1C (Multinational Manager) Eligibility and Clarifications

Question details

I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.<br>

1) Am I eligible for EB-1C (Multinational manager)?<br>
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)?
3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?<br>
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?
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Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Guestbook Entry for Vishal K, United States

Name
Vishal K
Country
United States
State
Maryland
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 !

Guestbook Entry for Sheeba, United States

Name
Sheeba
Country
United States
State
Virginia
Comment

I went to Atty.Khanna's for help with porting my EB3 case to EB2. The whole process was transparent and very professionally handled.
Ms.Prena Mehta took utmost care to ensure that my paperwork was accurately filed and I am very very happy and pleased and thankful to the team for helping me get my GC.
Greatly appreciate all the professional assistance.

Travel During Pendency of I-829

Question details

Is it a problem to travel outside the US after the temp GC has expired, and assuming the I-829 wouldn't get approved by then ?

When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.

Reversal on appeal of I-140 revocation

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Status
Revocation of I-140 reversed

Profession/Occupation