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EB-1A Extraordinary Ability

Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

1 month ago By Chief Editor
Question details

I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
 

FAQ Transcript

If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
 

Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?

1 month ago By Chief Editor
Question details

I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
 

FAQ Transcript

If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.

Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
 

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1 month ago By Chief Editor

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Guestbook Entry for Anand Harugeri, United States

1 year ago By Chief Editor
Name
Anand Harugeri
Country
United States
State
Virginia
Comment

I had a great experience dealing with Rajiv Khanna ji's office. My US EB1A petition received amazing support. Being proactive and meticulous, Diane in his office is a terrific expert to deal with. I-140 approval went through a smooth process from start to finish. Rajiv ji's accessibility made sure I could make the proper choices when I needed to. Although at first I thought Rajiv ji was being unreasonable in asking that I gather and submit all the documents for the petition, I came to see that his demands were there to ensure my success. Rajiv ji's office is unquestionably the best place to go if you want to meet your US Visa milestones on schedule. I'm grateful to you, thank you Rajiv Ji.

Recommendation letters for EB-1A applications

1 year ago By Chief Editor
Question details

Questions about 'recommendation letters' for EB1A:

1. For a strong case, a ballpark number of how many recommendation letters should one attach to the application? 5? 10? More the better or quality > quantity?

2. Is there a validity of recommendation letters? What if I collect letters today but apply for EB1A 1 year or 2 years later?

3. Is it mandatory for the recommenders to write the letters on the official letterhead of their company/college

 

FAQ Transcript

To make a strong case, it is not just about the number of recommendation letters, but also the quality of the letters. A ballpark estimate for the number of letters would be around 5 to 10. Quality is definitely more important than quantity. When considering recommendation letters, people who know you by reputation rather than just personally are given more weight. It is important that the letters are detailed, with specific reasoning about what makes you special and why you are in the top 10%. The qualifications of the people writing the letters, including their resumes, should also be included. The validity of recommendation letters can become questionable if they are too old, so it is better to obtain recent letters if possible. However, if there is a choice between getting an old letter or no letter at all, it is better to have an old letter. If the letter writer cannot write on official letterhead, they should include a line stating that their opinion is not that of their employer.

 

Recording for April 20, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

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Guestbook Entry for RAVI KUMAR GEDELA, United States

2 years ago By Chief Editor
Name
RAVI KUMAR GEDELA
Country
United States
State
Virginia
Comment

I wanted to say thank you Law Offices of Rajiv S. Khanna, P.C. for helping us with EB1A based immigration. The professionalism, constant guidance, and experience in dealing with attorney Rajiv and senior paralegal Diane is just commendable. Based on our experience, Rajiv is an expert in US immigration and his fact-based insights are very helpful to make informed decision.

1. The best part is that the initial assessment is FREE of charge unlike many law firms. This will help any one to take a decision based on his initial consultation. 2. Once Attorney Rajiv ji advises to move forward, he will spend enough time along with Diane to gather, conduct in depth analysis, validates against the criteria of USCIS and provide honest advice in the interest of time and cost involved. 3. Diane has drafted the petition amazingly with minute details and corresponding evidence, honestly, we were very impressed with the detailed work.

Thank you so much for your constant guidance, professional updates to the petition and continued support through out the I-140 process.
 

Concerns about EB-1C Green Card Portability

2 years ago By Chief Editor
Question details

How does EB-1C portability work?

I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
 

FAQ Transcript

Sure.  EB-1/EB-2/EB-3 all of them can be ported.

Recording for January 19, 2023 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

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Eligibility for EB-1A (Extraordinary Ability)

2 years ago By Chief Editor
Question details

I am in 3rd year of an H1B visa, and my current employer has filed for a green card (currently in the PERM process). I am currently a Sr. Energy Engineer with industry experience of 5+ years.

I have evidence for all the criteria. Do you think I might be eligible for the EB1A category?

 

FAQ Transcript

EB-1As are given based upon the two-step analysis. The first step is quantitative: Do you meet three out of ten requirements and if you do then you go to step two. Click here for more

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