These videos are a part of series of Continuing Legal Educaion seminars delivered by Rajiv to various lawyers' groups. These provide an overview of how immigration law affects lawyers, business owners, HR and others in the work environment. If you would like us to provide informational conversation to your group, please contact us.
What is ability to pay wages and how do employers prove to the USCIS that they have the ability?
At the I-140 stage, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future. In this regard, employers must prove that: (1) the employer’s taxable income is equal to or greater than the proffered wage; or (2) the employer's net current assets are equal to or greater than the proffered wage; or (3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.
AAO Processing Times as of October 1, 2012 |
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Time |
Case Type |
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I - 129 CW |
Thank you Mr. Rajiv and his team for a prompt and supportive guidance on the whole H-1B Visa process. The team is knowlegeable, meticulous and helpful. They worked on the case keeping my interests in mind and at the same time going by the rules for a smooth visa processing. Mr Rajiv took out time to answer my questions and as well as Anna and Fran were very quick and responsive in any kind of communication that was needed from the start till the Visa was approved and also after that if I had any questions. I did not need to worry about anything during the process. I really appreciate the work they did, the support they gave and highly recommend their services for any kind of legal guidance needed.
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
Program Details
Analyst Reviews : August 2 2012
Audits : February 29 2012
Reconsideration Requests to the CO : December 1 , 2011
Gov't Error Reconsiderations : Current
[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61815-61816]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25028]
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DEPARTMENT OF STATE
[Public Notice 8059]
30-Day Notice of Proposed Information Collection: Petition To Classify Special Immigrant as an Employee or Former Employee of the U.S. Government Abroad
Interview today in Seattle. Arrived 8:10am was called in at 8:30 - really nice guy reviewed my file, asked me a couple questions about my name change.
Just want to share my experience.
Application sent: June 12 2012
Applied on my own, no lawyers.
Interview Experience:
My interview was scheduled at 7:45 am on April 5th in SF. Got there 15-20 minutes early and there were probably only 10-15 others in the waiting area at the time. At about 8:15 am, an officer came out and called me. The interview was a breeze - he went through my answers in the N-400 application, made me repeat all the Yes/No answers filled in in the form.
I owe this one to this forum. Went in for the interview today. Got sworn in.
6 Questions:
1.
How soon after the case is filed can we expect a decision?
The time frames can vary, so it is hard to predict how long it will be before the cases are adjudicated. At the present time, USCIS is estimating five months to process these cases.
How long after I send in my information will the case be filed?
If everything is in order when we receive the case; i.e., job description/salary can be approved and all supporting data is in order, the case can usually be submitted to USCIS by two weeks from when the case is opened in our office.
In posted notices, can the salary be indicated as a range rather than the exact salary?
You may indicate a range provided that the low end of the salary range is no lower than the prevailing wage and the top of the range is at or above the employee’s actual salary.
The beneficiary is working at an end-client location and we are not permitted to post the LCA Notices there. What options do we have?
You may provide electronic notification to employees employed with the same job title as the beneficiary (including both employees of the H‑1B employer and employees of another person or entity that owns or operates the place of employment) for which H‑1B nonimmigrants are sought, at each place of employment where any H‑1B nonimmigrant will be employed.
Is an online Master's course acceptable for EB-2 filings?
USCIS has verified that an online Master's course can be acceptable for EB-2 Green Card filings, provided that it is from an accredited U.S. university.
Click here for Rajiv Khanna's blog entry on this topic.
Have been dealing with Mr. Rajiv Khanna and his team for the last several years. Exceptional professional service! A quick grasp of any complex situation and defintely he provides a solution that is pragmatic. A very rare and talented attorney who protects the rights but has empathy, at heart for his clients.
When a second I-140 is filed, is Premium Processing available?
When a subsequent I-140 is filed by a successor-in-interest, USCIS can accept the Premium Processing request only if it has access to the original ETA 9089 PERM Approval. If the USCIS cannot get access to the original, the Premium Processing will be rejected.
To upgrade an I-140 filing that is in regular processing, the applicant must submit the I-907, the appropriate filing fee, and a copy of the I-140 Receipt Notice to the USCIS Service Center that has the I-140 petition pending. If there is an attorney representative on the I-140, a G-28 must also be submitted.
Rajiv and his team were very swift and helpful in answering our questions related to some of the challenges we faced on non-immigrant and immigrant petitions filed through a different attorney. Rajiv is approachable and honest on what he can and cannot do.
Department of State (DOS) announced today that the Agreement between the United States of America and
In our first call, the attorney gave us right direction and suggestions. Great job.
Thank you Mr.Khanna and Team for clearing my questions on expired I-94 and AOS.Speaking to you gave confidence & helped us to make the travel plans. Appreciate your knowledge on immigation issues and thanks once again for your time ! -sharath
Mr. Khanna is very focused, and gives very accurate information. He is very flexible and warm person. It was great experience working with him and his staff. I greatly appreciate it!!