Form I-485

AOS applicants applying for H-1 visa

My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it. We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped. We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.

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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I-130 & I-485

My immigration status is in pending for AOS. My spouse got recently the US citizenship. If she files for I-130 do I need to file for another I-485?

No. You should be able to use the same I-485.

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 Ramesh, United States

Name: 
Ramesh
State: 
NY
Green Card: 
Country: 
United States
Comment: 
Had a question about my I-485 approval and how to proceed forward with naturalization.  Mr. Khanna was really helpful.  After the consultation he let me ask follow up questions over the mail without any extra charge. Of various immigration attorneys I have spoken to over past five years, Mr. Khanna has been my favorite. Not only does he know the law but he cares about his clients.

Guestbook Entry for Sami, United States

Name: 
Sami
State: 
Florida
Profession/Occupation: 
Glossary: 
Country: 
United States
Comment: 
I came to the United States by an H1B visa. The H1 visa was filed through my company’s attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company’s attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer’s hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!

With I-485 pending can I be an investor ?

My 485 is pending and I am on advance parole and EAD, my employment based GC priority date date was June 2006. I want to be an investor in my friends start up company. I wont be leaving my current job but only investing in it. Should that be an issue If I dont have my GC?

I see no problem with it, especially, if you are a passive investor who takes no action to manage or conduct the business of the entity invested in.

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 Neeraj Sharma, United States

Name: 
Neeraj Sharma
Profession/Occupation: 
State: 
California
Country: 
United States
Comment: 
I got my physical Green Card today. It has been a long 4-5 years and I must say that it could have NOT been possible without the constant support, guidance, diligent and patient hard work put in by Mr. Rajiv S Khanna and his stellar team of Mathew Chacko, Prerna Mehta, Richa Narang and others who I have interacted with in the past and are probably no longer with the law firm. This team was always a step ahead, instantaneous in answering ANY questions whatsoever. I have even spoken to Mr Rajiv himself at one occasion since I was really concerned about some issues and even though being extremely busy was very nice in giving me a phone appointment the very next day. He, along with his team were very courteous, non judgemental and above all very humble in their approach and conversation. I could NOT have been able to get through with this entire process without them. I did not receive any RFE, everything was done in time and with utmost precision. Once again Many thanks from the bottom of my heart. Neeraj

Guestbook Entry for Hari & Anju Nayar, United States

Name: 
Hari & Anju Nayar
State: 
NY
Profession/Occupation: 
Country: 
United States
Comment: 
Hello, My interactions with the Law offices of Rajiv S Khanna started in Aug 2004 when I first applied for my H1 visa. Ever since, I have reached out to Mr. Khanna, Mr. Chacko and other support personnel (Ms. Mehta, Ms.Bhasin, Ms.Baker) for all my immigration related needs. This group of professionals is the best you can ever hope to find to help you navigate the complex and painfully slow immigration process. Rajiv and his team form a tremendous body of knowledge and the beauty of this group is that they provide their expertise as a ‘service’. It is true that the law firm charges fees for processing ones case, but the amounts charged are far less than what one would have to pay elsewhere for service that is typically not on par. Mr. Khanna himself has called me on numerous occasions to clarify a question or seek more specific detail….it amazes me that the seniormost attorney in the firm takes time to do this and that too without charging a single dime for a personal call. My wife and I used Rajiv’s offices to handle our Green Card application. The process was lengthy and stretched over 6 years from start to finish. I’m glad to report that the GC was granted. Without Rajiv’s group supporting this would have been a nightmare. The team that handled my case did their work in the most professional manner possible. I got prompt replies to my emails, voice messages and on occasion even emails and calls over the weekend. I have probably inundated mailboxes with questions and counter arguments…never once have I been discouraged from asking questions nor have I not gotten a clear and definitive answer for my queries. Over the green card process, Rajiv’s group renewed my Advance Paroloe and Employment applications (for my wife and I) three times. They have never sent me a bill for this, stating clearly that this falls within the overall green card application process. In my comments above, I emphasize on many occasion the financial matters related with this firm. It is also important to highlight the humane treatment you are accorded by everyone I worked with. The support staff and attorneys clearly understand the emotional stress involved in the immigration process and they treat you with respect and dignity. I have referred many friends of mine to Rajiv’s office and they all state similar commendable experience. In short, I am glad I found this group of brilliant immigration attorneys and support personnel. I’m glad they were on my side and helped me win permanent residency. I can state without any hesitation that you will not be disappointed if you choose Rajiv’s group to represent you. The level of service and support you will receive from the Law offices of Rajiv S Khanna will be far more than what you ever dream about. Many thanks to everyone at Rajiv’s office for all the hard work. If there is anything I can every do in return please let me know….

Guestbook Entry for Thirumal Banda, United States

Name: 
Thirumal Banda
State: 
DE
Green Card: 
Country: 
United States
Comment: 
Rajiv Khanna office done an excellent job on my green card. They helped me in filing labour, I140, I485, EAD and Paroles…Mr. Khanna’s team are skilled with Quality, excellence, provocativeness and effective communication. I worked interacted mainly with Amrita, Prerna, Rita. They helped me porting my PD and it worked out very well. I am happy with Mr. Khanna’s team.

Guestbook Entry for Rajarshi (Raj) & Satarupa, United States

Name: 
Rajarshi (Raj) & Satarupa
State: 
Kansas City
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 

We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.

In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.

All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.

Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.

Guestbook Entry for Tej, United States

Name: 
Tej
State: 
New Jersey
Green Card: 
Country: 
United States
Comment: 
My wife and I received our I-485 approval on July 3rd 2010 EB2 Category with PD September 23 2005. Rajiv S. Khanna was our attorney and he has simply wonderful team of case workers.I like to thank personally Prerna Mehta who was very helpful in every step of my I 485 and I 140 process. Also I want to thank Richa Narang for following up with me regarding GC filing during initial stages which lead to my GC approval. I like to thank Rita Dhakal who helped me in filing I 485 case by reviewing the file very carefully and pointing out any mistakes and it lead to my I485 approval. This is a great team of attorneys who you cannot get any where else. They are highly professional and very efficient. They are very polite and calm whenever you call them and also you get the response very quickly. Over all this was a great experience for me personally. I would consult them in the future if I need any immigration related legal advice. All I can say is that they both feel just like family and are truly the best team i have worked with for any such legal matters or otherwise. Thanks to Rajiv and his excellent team.

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