It was quick and no issues.
I want to thank Pramita, for her work accuracy and prompt communication, because of which i recieve LC Approval soon. I hope to complete other steps sooner.
thanks,
Rama Rao
I want to thank Pramita for her good work. I really appreciate the level of service you have provided to me during last 4 months of LC filing . I am also amazed with the fast and accurate quality of commucation provided to my all queries by you.
I hope I will continue to get same level of service for next steps from Rajiv Khnana law Office.
I was in a difficult situation with a missing labor certificate, pending I-140 due to that and fighting with DOL, Mr.Khanna's office did an excellent job especially Mr.Jitesh dealt it through every possible opportunity and finally got it resolved by taking it through lawsuit against DOL. This shows that their experience counts while dealing with typical cases and troublesome situations. There has been a great communication through email on every step and effort to get this resolved. I personally thank Mr.Khanna, Suman, Rita, Amrita, others that have got involved and Jitesh.
I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didnt have much time to get through my visa process. But Mr. Khanna & his team adviced me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.
very helpful
I have been using the services of The Law Office of Rajiv Khanna for a while now. Labor certification in my case was recently approved, following conversion to RIR. The window for conducting recruitment and preparing the package was small, only 4 months. In addition, I was away for a month on vacation during this time. However, with my employer's and Vijay's help, I was able to complete the recruitment process on time. Vijay was very patient and professional dealing with my employer and me, despite some delays at my end.
In spite of the fact that my case was closed mistakenly by backlog center, Rajiv Khanna's team were great in communicating with backlog center and was successful to reopen my case. Finally my labor got certified. My special thanks to Vijay and Mathew for working on my case and handling my frustration patiently, responding to me every time I had questions. Even when I had to consult Mr Rajiv Khanna, he was available to talk personally with no extra cost with his expert suggestions. I am really grateful to each and everyone at your office.
I honestly feel the fee we pay is nothing when you compare to the services we get from Rajiv Khanna’s office.
I sincerely suggest you folks better spend little more money and be in safe and experienced hands like Rajiv Khanna. Its all worth while. Immigration is a long and complicated process and you need expert suggestions all the way till the end and I don’t think anyone will handle better than this folks.
If you don’t believe me, Check yourself, you even get a free phone consultation from Mr Rajiv Khanna where as others charge you big time per hour….
Thanks again!
I am very much impressed with the professionalism of Richa Narang, one of Mr Khanna's staffers. She was very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I used the services of Mr Khanna's firm to file for Green Card through labor certification (EB2 Non-RIR) in Oct' 2003. In Jan' 2007 the Department of Labor came back asking us to convert non-RIR to a RIR application. Mr Khanna's firm supported me with documentation, news paper ad details and answers to lots of my queries. The RIR application was mailed on 03/29/2007 and I received a notice from US Department of Labor on 04/26/2007 that my labor has been Certified. I really appreciate the hard work put in my Richa Narang and her team. Hopefully the rest of GC process would be quick. I highly recommend Mr.Khanna's office and staff for all immigration purposes. Keep up the good work. Thanks
I would like to sincerely thank Rajiv S. Khanna and his team for doing a great job. I got my Perm Labor and I140 cleared in a very short period of time.
I would specially like to thank Mathew Chacko, Pramita Shidhore and Rita Dhakal who were very helpful to answer all my queries and the professionalism with which they handled my case.
Looking forward to filing my I485.
I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didn't have much time to get through my visa process. But Mr. Khanna & his team advised me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.
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FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Number 87
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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Processing Queue | Priority Date |
---|---|
Analyst Review | January 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | March 2023 |
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?
The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024. While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.