Rajiv's Article - This year's H-1B lottery: The Trump legacy of chaos must end - The Economic Times
Published by: The Economic Times - Date: January 07, 2021
Synopsis
Rajiv's Article - Immigration law meets Facebook: Decoding the discrimination lawsuit against the social media giant - The Economic Times
Published by: The Economic Times - Date: December 11, 2020
Rajiv's News Clips - US Senate passes Bill to do away with country-caps on employment-based green cards; hurdles remain - The Economic Times
Published by : The Economic Times - Date: December 03, 2020
E Visa Services and Fees
Fee schedule for E-1/E-2 visa classification (payable by personal or corporate checks)
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Rajiv's Article - View: Trump’s Immigration - Destruction, not disruption - The Economic Times
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
Green Card holder stuck outside the US for more than a year
I am a US citizen who Sponsored my fathers green card in 2010. His green card is expiring oct 2020. He had to stay in India since Jan 2019 due to health conditions. With the Covid pandemic situation and his age (81) and health conditions, he is not able to travel back to the united States before the green card expiry. My father does not have any family in India to take care of him and will have to come here so that my brother and I can take care of him. What are our options for avoiding the expiry of the green card? Secondly, is there a 60 day extension on the expiry date due to Covid 19?
Video Transcript
You should try to get in touch with the consulate and send them emails, etc., asking them their guidance and that way you have at least some proof that you are trying to get back into the USA on time, but if it goes past one year it can't be helped, you can always start a new green card if you like, not too many options here. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Unstamped H-1B Quota Exemption
I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it. The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?
The government may be pushy on this issue, but they do maintain that if you have not received a change of status, for example, from F-1 to H-1 or an H-1B visa stamp, if you are outside the USA, you are still subject to the quota. I think they are legally wrong. So the bottom line is you should try to go ahead and give it a shot, and I don't think the government is in a legally defensible position.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Owning or Doing Business on H-1B
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.
Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS to Provide Contract Interpreters for Asylum Interviews - Temporary Rule to Help Reduce Spread of COVID-19
U.S. Citizenship and Immigration Services announced a temporary final rule to help prevent the spread of the coronavirus (COVID-19) by using government-contracted telephonic interpreters for affirmative asylum interviews at no cost to the applicant.