Immigration.com

Form I-485

Inheritance of Earlier Priority Date Permits Beneficiary to Obtain Permanent Residence Quickly

15 years ago By Chief Editor

Indian-born client had I-140 Approved and I-485 filed through first Labor Certification case under EB3 with a 2003 Priority Date. He also filed an I-140 under EB2 with a Priority Date of 2006. Rajiv advised to file I-485 through 2nd Labor Certification, requesting Service to permit inheritance of the 2003 Priority Date to have a current I-485 case. Based upon the 2nd I-485 being filed and the EB2 category request, the client obtained his Permanent Residency 1.5 months after filing the 2nd I-485.

Green Card

GC Compliance for Employers

15 years ago By Chief Editor
Question details

Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.

Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?

Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.

I-485 (EAD, AP, FP)

15 years ago By admin 2 comments

Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS).  The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.

Green Card

Immigration Law

Starting business while in AOS/I-485/H-1/H-4

15 years ago By Chief Editor
Question details

1. Hi Rajiv I have a few questions about starting business in partnership.

I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.

I will be the one who will be investing in this business but I won't be employed with that business.

- Is this legal ?

2. Can you be a passive investor on H-1?

1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.

You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.

Am I obliged to join my sponsoring employer after GC approval?

15 years ago By Chief Editor
Question details

For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.

Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.

Guestbook Entry for Siddhartha Nandi , United States

15 years ago By Chief Editor
Name
Siddhartha Nandi
Country
United States
State
SC
Comment

The law office of Mr. Rajiv S. Khanna filed my and my wife's I-485 and I-140 cases con-currently on the February 19th 2008. We got approvals on the February 24th 2009 and received our Green Cards on the March 6th 2009. . We are amazed to get our cases approved within 1 year of filing. We received RFE for our cases on “Proof of birth and parentage and bona fide marriage”. Mr. Khanna's professional team responded and our cases got approved in less than 10 days of the response. I am greatly satisfied with the professionalism and the dedicated service of Mr. Khanna’s team through out the entire journey of the Green Card process. I would like to specially thank Mr. Rajiv S. Khanna, Mr. Mathew Chacko, Prerna Mehta, Bharathi Gajala, Amrita, Sheena and Kimberly for their dedicated help and support in the successful approvals of our I-485s, I-140 and PERM Labor Certificate. I will definitely consult the law office Rajiv S. Khanna in the future for all my immigration related legal needs. I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues and/or advice. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. Last but not the least; www.immigrationportal.com is a great source of very useful immigration related information that has been brought to all of us by Mr. Khanna’s law office. The forum maintained by his office is by far an active place for all sorts of valuable immigration and visa related discussions.

Guestbook Entry for Ashok , United States

15 years ago By Chief Editor
Name
Ashok
Country
United States
State
Michigan
Comment

I first time contacted Rajiv in January 2007 by sending my CV and asked his opinion about EB1 success.

He called me next day and said that you have 50-50 chance to get EB1 approval. Immediately, we started working and in April 2007 we filed the I-140.

Since it was premier processing we got the RFE in 10 days, i was disappointed and Rajiv convinced me not to worry we will take care of it.

Both Rajiv and his team composed of Diane worked with me to collect more evidence and response the RFE in August 07, and Approval came in Sept 07.

Then they filed I-485 in Oct 2008, and Approval came today.

In summary, i would recommend all my friend and relative to hire Rajiv 's services for immigration purpose. I had an excellent working experience with his team and most importantly very nominal charges.

Thanks Rajiv and Diane for bringing freedom in my life.

GOOD JOB

Guestbook Entry for Damodar , United States

15 years ago By Chief Editor
Name
Damodar
Country
United States
State
West Virginia
Comment

We have applied our I-140 and 485 petitions through Rajiv's law office. We received our GC approvals the other day.

I would like to take this opportunity to thank Mr.Rajiv Khanna and his team.

My Special thanks to Mathew Chacko, Prerna Mehta and Suman Bhasin for their help and attention with all of our GC related matters.

Since day1 we have received exceptional service. Their staff is easily approachable.

I would also like to thank Rajiv Khanna for the great service he provides for the immigrant community through his Live chats.

The attorney fees are reasonable for the valuable service they provide compared to other noted firms.

Looking forward to recommend your law firm to my friends and family.

Start-up applying for H-1 and AC21 for employees

15 years ago By Chief Editor
Question details

If a new start-up IT consulting company wants to transfer H1 of a prospective employee who is already on H1 and working for his current H1 sponsor, what are the issues and feasibility for such a transfer?

How can such a start-up IT consulting company go about hiring AC21 eligible folks on EAD? May this is the safest route in the beginning until the company gets more employees and grows revenue?

Will the AOS of the prospective employee be safe if he is the only employee of this company in the beginning. Of course the company wants to expand in the future but has to start somewhere.

 H-1 by Start-up Companies

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