General Green Card

EAD and H-1 Conversions for Derivatives

I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days. I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010. I intend to remain on H1 itself and have no intentions of using my EAD. Can you please clarify these questions.

Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.

Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.

 

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

Add new comment

Gap in Employment during AOS

My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:

Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.

Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.

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

Add new comment

AOS Denial – Consequences for H-1

Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.

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

Add new comment

PERM Through Relative Owned or Controlled Company

Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?

The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.

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

Add new comment

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

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

Add new comment

Guestbook Entry for FARUK BATAKCI , United States

Name: 
FARUK BATAKCI
State: 
PA
Green Card: 
Country: 
United States
Comment: 

My wife and I received our GC within 9 months for the whole process with Rajiv S. Khanna as our attorney. I would like to thank Aruna for all her help and being very responsive on my case. Thank you all, it is was a pleasure to work with you. Regards...

Guestbook Entry for 5 Concord Knoll lane , United States

Name: 
5 Concord Knoll lane
State: 
NC
Green Card: 
Country: 
United States
Comment: 

I deeply appreciate all the helps from Rajiv Khanna's firm to my journey of PR. All the staff here I have been contacted with are knowlegable, and warm hearted, which light up so many dark nights of mine in the past. I would like to give my special thanks to Prerna, Shivane, Suman, Richa, Charu, who not just helped my case but also give me the hope as well.
Thank you all!

Guestbook Entry for Parag Joshi, United States

Name: 
Parag Joshi
State: 
Indiana
Country: 
United States
Comment: 

Got GC in 18months (RIR Labor application to 485 approval). Rajiv Khanna (RK) helped me out of a mess that I thought was impossible to solve. He helped out an unknown emailer, spent hours analyzing the situation over the phone and devised a game-plan. Guess what, without signing a retainer or expecting compensation. I still remember when I called other “big lawyer” for help, first thing her office wanted was my credit card.

Story began in summer of 2003. When I found out that my earlier lawyer had screwed up the whole 140/485 application and was eventually denied, loss of 4years of waiting. I then emailed RK for help. He patiently heard the story and advised that I should redo the whole application from point A. Even though dread of going through whole labor application all over again was overwhelming, RK was absolutely correct that earlier labor was approved under incorrect language, mistakes many inexperienced lawyers make.

Best thing is that he sticks by the books, remains honest about the situation and never promises miracles. Apart from RK’s excellent competency and vast experience, he has excellent well-trained support team. That really makes a huge difference because game-plan is one thing, while organizational support & efficient execution is other.

Pages

Subscribe to General Green Card