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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.

Guestbook Entry for Pavani Chebolu , United States

17 years ago By Editor
Name
Pavani Chebolu
Country
United States
State
Texas
Comment

Though still waiting for my last stage of GC to be cleared, I went with Rajiv S. Khanna as my attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations. He helped me at every point in the whole process even when my 6 yr H1-B was getting expired to file the renewal with appropriate paperwork and was very quick to do this. I never had any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. His associates who worked with me on my case are very thorough. I am greatly thankful to Richa Narang who worked with me from the begining of the process and then Prerna Mehta who took over later who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Sheena, Mathew, Lakshmi and other staff members who are very co-operative and would return calls & e-mails promptly. I even got good & prompt advises on some legal issues even if it wasn't the area of interest for them and not related to my case. I am really glad that I chose this Law firm. I am greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC.

Guestbook Entry for Vijay , United States

17 years ago By Editor
Name
Vijay
Country
United States
State
HI
Comment

Law offices of Rajiv Khanna did a good job in getting my labor approved. My special thanks to Richa and Suman My case is EB2 with masters. But, I got masters after joining the company. Attorneys has provided good instructions on how to get promotion on to a position requiring masters etc. It worked very well and the documentation is really good. Response to the client is quick. Overall I am satisfied with the skills.

USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants

2 years ago By Chief Editor

Release Date 

Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.

2 years ago By Chief Editor
Question details

Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.

1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?

2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?

3. How long will it take to get a conditional green card? How about non-conditional?

4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.

5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

 

FAQ Transcript

1. Not only should there be an investment that investment should be needed to set up that business.

2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you  will be able to create ten American jobs. You have about four years to create American jobs.

3.  You can actually look those times up. 

4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible

5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.

 

Can a new employer file I-485 using an old employer's I-140?

2 years ago By Chief Editor
Question details

My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.

Questions:

1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?

2)  Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?

 

FAQ Transcript
  1. When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.  
  2. I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time. 

 

Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

2 years ago By Chief Editor 2 comments
Question details

I  had filed for my parent's green card in July' 2022. It is concurrent filing.

The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.   

The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

Will I need to withdraw the I-130 petitions that I had filed for them ?

Will this impact their existing B-2 (visitor) visa? Will it still be valid?

 

FAQ Transcript

1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.

2. If they leave before November 30th their visitor visa should not be affected.

Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

2 years ago By Chief Editor
Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.

Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

2 years ago By Chief Editor
Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.

Visa Bulletin For January 2023

2 years ago By Chief Editor

Number 73
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during January 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.

Agency

Green Card

Immigration Law

Options for Nonimmigrant Workers Following Termination of Employment

2 years ago By Chief Editor

Release Date 

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

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