Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
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Guestbook Entry for Anil Joginipalli , United States
Name
Anil Joginipalli
Country
United States
State
Virgina
Comment
I would like to thank Mr.Rajiv Khanna and team specially for working on my I-140 and getting the approval real quick.
Thanks to Mr.Rajiv Khanna, Ms.Sheena Gill and team.
I got I-140 denial on my education degree, but ajiv ji and Sheena both were very confident that we can win this case from the day i received denial notice .
Special Thanks to Sheena Gill, for all the hard work did in getting my education evaluation and Clarifying USCIS about the wrong reason on which they denied my I-140.
Rajiv Khanna and his team is very quick in responding to mail ,phone call and providing solutions.
I-140 approved with in 6 working days.
Guestbook Entry for Manoj Madhavan , United States
Name
Manoj Madhavan
Country
United States
State
Georgia
Comment
I have used Mr Khanna's services many times in the past and plan to do so in the future. Excellent services provided by Ms Anna Baker and Ms Fran Fisher. Mr Khanna does not shy away from difficult cases and is very approachable and very knowledgeable. A++
Guestbook Entry for Jayanthan B Padinjaredath, United States
Name
Jayanthan B Padinjaredath
Country
United States
State
New York
Comment
Thanks to Sheena for all the help she provided with the filing of my I-140. Even with an RFE pertaining to my name, the approval came through very fast. Sheena guided me through the process extremely well. She was extremely professional through it all and invoked a lot of confidence.
Thanks to you Sheena! Have a great 2009.
Guestbook Entry for Hardik Parikh , United States
Name
Hardik Parikh
Country
United States
State
Ohio
Comment
Thanks to Fran Fisher for preparing case for H-1B extension and H4 for my wife. Process went smooth and we got our approval receipts in just two months.
H-1 related I-94 issue
Question details
I have read some very nice articles on your Forum and wanted to get your help on My Weird Issue with I94.
I am on H1-B Visa and my Approval (I797) is Valid Till October-2010 However My Indian Passport is Expiring on 26'th-Aug-2009. I just came back from India a week back and Immigration Officer has Issued me I94 Till my Passport Expiry.. Is thr any other way for me to Apply for I94 Extension based on Approval validity without Leaving the Country ??? or i have to leave the Country & Come back ???
Same Applied to my Wife as well Since we traveled together and went for Immigration together immigration officer Issued Her also I94 Till My Passport Expiry Date ...
Whenever CBP gives you an I-94 with mistakes on it, they can easily correct it if you just go back to the airport and request a correction. Most airports have CBP office hours. In my view, they should issue an I-94 co-extensive with your approval, not your passport. So, go back to CBP. Post your experience here for all.
Foreclosure and immigration status
Question from one of our clients:
Guestbook Entry for Shyam Patil, United States
Name
Shyam Patil
Country
United States
State
NC
Comment
Thank you very very much Rajivji and Vijaybhai for all the help with my PERM process and finally it was certified on Nov 13th(PD 06/25/2014).
SEVP deploys new class of field representatives to work with US schools hosting international students
WASHINGTON — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.
DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone
WASHINGTON— Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna, 20 Nov 2014 (Every Other Thursday)
Substantial transcription for video
The following topics were discussed in today's community conference call. The video is attached below.
Discussed: Abandonment of Green Card, OPT to H-1 change delay, immigration consequences of criminal conviction for misdemeanor (petty offense exception), N-470 to maintain residence, EB-2 filing, Investing in stocks while on H-1, delays and difficulty in entering the USA -- TRIP, H-4 visa stamping, getting married to a US Citizen while on H-1, marriage certificate, immigration reform, CSPA, Cross chargeability, Unpaid leave on H-1, H-1 visa stamping, NOIR for multiple H-1 filing through related companies, frequency of visits on B visa, employment verification letters in PERM.
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Cross-Chargeability
Question details
I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules. <br>
1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules? <br>
2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)? <br>
3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth? <br>
4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
Unpaid Leave On H-1
Question details
I have a question on the unpaid leaves when outside USA while on H-1. I am on H-1 and recently went to India for stamping which was completed without any problem. I had paid vacation of 2 weeks, which I had already used and stayed in India for a month which is not going to be paid. My employer is saying these will be unpaid leaves and won't be running paychecks for these leaves and is mentioning that this won't be a problem in future as this is legal. I want to take legal opinion from you regarding what the law says in the above situation. <p>
1. If I am out of US on unpaid leaves and won't get paid, will there be any issues on my H-1 status in future for transfer or GC? <br>
2. If due to unpaid leave, W2 is less than the LCA, will it be a problem? If yes, what documentation we can show to USCIS to clarify to them why it’s less?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1516
FAQ Transcript
If you are on H-1, sometimes people ask me, I want to maintain status even though I am getting laid off. Can I be on unpaid leave and does maintain status?
Obama's Immigration Action - EB-3 Quota
Question details
Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?
Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.
Obama's Immigration Action EAD At I-140 Stage
Question details
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
Concurrent AOS filing for EB-2 Physical Therapist
Question details
Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".
Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Guestbook Entry for Krithika, United States
Name
Krithika
Country
United States
State
California
Comment
Excellent service.Tried approaching many attorneys who were either busy or not responsive.But Rajiv was not just responsive but also humble and the consultation was free of cost!
DOL to Support Of Victims of Human Trafficking and Other Crimes Seeking Immigration Relief
In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying criminal activities in the course of its workplace investigations: extortion, forced labor, and fraud in foreign labor contracting.
Guestbook Entry for Maria Victoria, Teacher at Sallie B. Howard School, United States
Name
Maria Victoria, Teacher at Sallie B. Howard School
Country
United States
State
VA
Comment
Video Testimonial - Maria Victoria, Teacher at Sallie B. Howard School
Hi, my name is Maria Victoria and I work at Sallie B Howard School as an elementary teacher. I have been working here for the past three years. This is my fourth year and since then my employer has supported me with my paper work through the Law Offices of Rajiv S. Khanna.
I still remember the first conference call that I had with Rajiv and he was very supportive and explained to me all the things that I needed to know about my papers as well as my dependence paperwork. He also worked efficiently with my papers. Through the help of my employer they prepared things for me they supported me with the processing. Attorney Khanna really made sure I had my papers on time. If I had a problem, it was solved instantly and I thank him for his work as well as my employer. Without their support and their quick processing my papers would always be in trouble and I may not be here.
I thank all of you and thank them and I hope that they will help people like me.
Guestbook Entry for Yvette Wright, United States
Name
Yvette Wright
Country
United States
State
VA
Comment
My name is Yvette Wright. I am a Jamaican immigrant who has been on an H-1B visa. I have been working with Law Offices of Rajiv S. Khanna PC for the past two years and they did all my paper work. It was such a great experience as it was done in a timely manner. I got all my questions answered immediately and I did not have to wait. My questions were answered through emails and via conference calls. The lawyers are very knowledgeable about immigration laws and rules and they answered all my queries.
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.