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Guestbook Entry for VITHAL MADHIRA, United States

24 years ago By Editor
Name
VITHAL MADHIRA
Country
United States
State
KS
Comment

Thanks to Rajiv and his team. My LC was filed in Nov' 99 and got approved on Nov'12th 2000. Applying for I-140. This team is very prompt, patient, energetic and knowledgeable. The team reply to every question very carefully. Rajiv even replied to some personal immigration questions when I need to change my wife's H4 status to F1 (we went to Mexico for this). Thanks to Rajiv for all his answers and suggestions. GC is a major milestone in our life, for those who want to make a career in U.S. We need patience and above all must follow the attorney's suggestions for successfully getting the GC.

Guestbook Entry for ASHISH KHERA, United States

24 years ago By Editor
Name
ASHISH KHERA
Country
United States
State
CA
Comment

Green card experience : I would like to thank Mr Rajiv Khanna, Fidelina and their staff for all the help they provided through my Green card process. I am glad I selected them as my lawyers and would recommend others too if they want a hasle free green card processing. My Labour was done in Feb 98 and it came in under 6 months. We tried for EB2 I140 but since I did not have masters, we got an RFE. We selected EB3 as an option then but due to some confusion at the VSC side, my I140 was denied, they thought we are asking for EB2 again. My date had luckily become current at that time. Due to the quick response from Fedilina, my 140 was approved in about a week or so. That was something really extraordinary and I am glad Fidelina was handling my case. We are able to file 485 at that time, Aug 99. Got the EAD in about 3 months. But unfortunately, the dates went back. At that time, my wife’s 140 got approved in EB2 and through another lawyer. Her date was current. We were in a dilemma whether to file another 485 while earlier 485 was still pending, do CP or just wait. We finally decided to go for CP. We had our interview on 25 October at Delhi and had to wait for 2 weeks at delhi because of Name check problem. Fidelina had been nice to answer my queries every now and then through the whole process. The CP process was very smooth without any problems. If anybody has any specific question, please write to me at KHERAA@YAHOO.COM and I will be really glad to answer.

Guestbook Entry for Prithviraj Chavan, United States

24 years ago By Editor
Name
Prithviraj Chavan
Country
United States
State
KS
Comment

Rajiv's staff is well informed, prompt and very friendly. I had no problem during all the phases of processing. I received prompt response to my emails and Rajiv or his staff members were easily available to answer any questions. Further he has a real good system to organize and store documents; because of which I never had to refer to any of my old documents over the course of my 3.5 years of Green card processing. Further his consultation fees are reasonable. I would recommend his services.

Guestbook Entry for Phanendra Babu, United States

24 years ago By Editor
Name
Phanendra Babu
Country
United States
State
CA
Comment

I got my I-140 processed with Law Offices of Rajiv S. Kanna in EB1(OR) category. Mrs. Diane did an excellent job in filing I-140 and I-485/EAD/AP. They know what is best for their clients. Even though, I belong to CSC, I never had any problem in getting my application filed. I strongly recommend you to get their help if you want a professional, dedicated and the best assistance.

Guestbook Entry for Sam, United States

24 years ago By Editor
Name
Sam
Country
United States
State
IL
Comment

Excellent work Rajiv & Co. Very thorough in the approach, case preparation, no-delay communication, on-time filing, coupled with personal advice and feedback - all these qualities reflect how well Rajiv and his team work. I could call up and talk to Rajiv/his team any time and any number of times. Many clients are ignorant of the details involved in the GC process - but no matter how small a clarification, I elicited a detailed and quick response. Always very courteous and professional -- I felt very confident on how things were moving. My case particulars - PD Sept 9, 99 - Labor certified Mar 27, 2000. Hats off to Rajiv, Suman, Amel and Priya for the great work. Most importantly, here's a team that will let you know upfront what is required from you. Communication is rank #1. So folks, if you need a sound and highly experienced immigration attorney, look no further than to Rajiv Khanna & Associates. You will not regret the choice. Good luck.

TSC Update – 06/03/09

15 years ago By Chief Editor

Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled  

Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3  will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it  will forward he appeal  to the AAO.

Following to join

15 years ago By Chief Editor
Question details

This is regarding my sister who is going through lot of stress due to visa issues.

She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.

3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).

She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.

Here are our questions/ concerns. Please do answer these:

1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.

2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?

3. Any advise/ suggestions are welcome.

I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.

Guestbook Entry for Sushant Mantri, United States

15 years ago By Anonymous (not verified)
Name
Sushant Mantri
Country
United States
State
Virginia
Comment

Really great service with timely and helpful consultation. Rena has been very good coordinator and communicator. She has been very responsive and courteous at all times. Mr Khanna was also very helpful and was available whenever required. His expertise is always commendable. Thanks a lot for all your help.

Guestbook Entry for Dinesh Goel (Technovision), United States

15 years ago By Anonymous (not verified)
Name
Dinesh Goel (Technovision)
Country
United States
State
NJ
Comment

I have been very impressed with the thoroughness of work done by Rajiv Khanna and his team including Anna Baker and hence my professional association with them for last 5 years after using numerous law offices before. Rajiv's Law office has the expertise to handle tough cases and get them approved. Thank you Rajiv and Anna for the great work done.

Dinesh Technovision

K-3 visa when I-130 approved

15 years ago By Chief Editor
Question details

We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?

In your case, a K-3 cannot be issued. You must wait for IV.

If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.

H-1 denial, appeal, MTR

15 years ago By Chief Editor
Question details

My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.

H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009

My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).

1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?

2) While new H1B is pending, what is my status? Am I considered to be in status?

3) Can we file brand new H1B through the same company while appeal is pending?

4) Can I work for my employer while appeal is pending, without filing new H1B?

5) Can I work for my employer while new H1B is pending?

6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.

7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.

1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.

2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.

3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.

4) No.

5) No.

Getting F-1 while I-485/AOS is pending

15 years ago By Chief Editor
Question details

1) Can i keep my Priority Date and apply for the Greencard later (after graduating from school) with it? Would that be possible even if the job is not similar to the one for which I got the labor approval this time around?

2) Would it be possible to keep the 485 active when I am in school? If it helps, my Ph.D is in the same field as my Masters (also from the US).

3) If I receive an RFE on my 485 about employment etc and I can't respond, would that have any effect on the validity of my F-1?

4) After I got the F-1, I re-entered the country back on my H-1 since I wanted to continue to work for a bit. My H-1 expires in a few weeks.

5) Should i withdraw the 485? If not, will I get into trouble while going out and coming back in?

6) I'd need to inform USCIS of my address change. If I'm keeping the 485 active, I'd have to specifically mention the address change for those applications as well. Should I just go ahead and do that?

1) You should be able to keep your PD because your I-140 is approved. The jobs do not have to be similar, but you do have to start your GC all over again.

2) Only if the employer (or some other employer with a similar job - AC21) holds the job open for you and you have the intention of joining them upon approval of GC or earlier. But do keep in mind the next answer.

3) I see no effect. But do remember, USCIS has indicated that F-1 and AOS cannot both co-exist. We do not have much elaboration on this statement.

4) You can stay as an adjustee.

Guestbook Entry for Ravi, United States

15 years ago By Anonymous (not verified)
Name
Ravi
Country
United States
State
MD
Comment

I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.

DOL FAQs on Suspension of H-2A Final Rule

15 years ago By Editor

The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.

For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.

 

F-1 visa stamp, H-4 pending

15 years ago By Chief Editor
Question details

I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.

Now we are very much concerned that what will happen to my H1 and her H4?

1) Since she has F1, will it affect H1/H4 processing?
2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same?
3) Is it possible to have F1 and H4 both together at the same time?
4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?

1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.

2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.

3. Generally speaking, no.

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