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USCIS Expedite Criteria

Posted 13th June 2008 at 06:46 AM by Rajiv S. Khanna (Rajiv's Blog)
Updated 13th June 2008 at 09:35 AM by Rajiv S. Khanna

This issue has come up several times. Here is what USCIS says:

USCIS Considerations to expedite Cases

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural...
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PERM Through Relative Owned or Controlled Company

Posted 19th June 2008 at 09:32 AM by Rajiv S. Khanna (Rajiv's Blog)
Updated 19th June 2008 at 09:36 AM by Rajiv S. Khanna

A client asked me today: 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...
Attached Images
File Type: pdf Ltr_Clarification_Familial_Relationship.pdf (2.16 MB, 522 views)
File Type: pdf 2008Familial Relationship DOL opinion.pdf (103.0 KB, 511 views)
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AC21 Portability - Changing Jobs After 180 Days (Updated 7 April 2009)

Posted 18th June 2008 at 05:37 AM by Rajiv S. Khanna (Rajiv's Blog)
Updated 7th April 2009 at 08:13 AM by Rajiv S. Khanna

What is AC21 Portability?
In the context of AOS (I-485), this is that provision of law which permits an employment-based AOS applicant whose I-485 has been pending for more than 180 days and whose I-140 has been approved to change jobs anywhere in USA to same or similar job describe in their green card application.
There is a lot to discuss, but I am focusing the answers to the questions I most frequently encounter. I will continually edit this blog note with additional information...
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File Type: pdf Memo_Yates_05_2005.pdf (387.5 KB, 1107 views)
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Can Employer Withdraw My Green card Application?

Posted 18th August 2008 at 02:51 PM by Rajiv S. Khanna (Rajiv's Blog)
Updated 18th August 2008 at 02:53 PM by Rajiv S. Khanna

I think the following information my be applicable to many. One of our community members is facing this situation.

He says:
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity....
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L-1 - H-1 COS issues - Updated January 9, 2009

Posted 8th September 2008 at 04:30 AM by Rajiv S. Khanna (Rajiv's Blog)
Updated 9th January 2009 at 06:25 AM by Rajiv S. Khanna

Here is a set of questions from one of our community members. This set of questions comes up quite often so I am posting here. Regards to all. Rajiv.

Facts
I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently.

I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa.

Could you answer the following queries...
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