Hi Folks: I hired Rajiv and his associates for my RIR Labor certification in the state of California and got it APPROVED IN RECORD TIME. Details: Priority Date March 20, 2000. EDD Sacramento fowarded to DOL, San FRancisco on April 13. DOL recd my app from EDD on April 17 and APPROVED it on APRIL 28 (11 days at DOL). Total time from EDD to final DOL approval: about 5weeks ONLY. Before I hired Rajiv, he had mentioned 5 months for another case he had handled in CA. Mine really stumped him. Needless to say, Rajiv and his team, Vijay, Richa, and Suman did an amazing job at preparing my case. I have no hesitation in refering Rajiv to anyone. Good luck, Vijay
Fidelina Batista and Reena Dey did a great job for my H1B renewal. I recommend them for all your immigration work.
I appreciate the professionalism and attention provided by Ms. Ursula Jara towards the H-1 processing case of my employees. thank you again. VIru Raparthi President RBCA Services, Inc.
It was a wonderful experience working with Mr. Khanna and his staff members. They fight for our cases until the end. They are always available for help and advice. Most important aspect is very personalized service that they provide to every one
Rajiv Khanna and his team have done extensive research to solve my H1-B Case Denial efficiently. INS has denied the H1-B when my consultancy company applied for H1 amendment for new job location.INS has denied the H1-B when they were not able verify the degrees and experience in INDIA. My friends Ganesh and Bala helped me to reach Rajiv Khanna when there was no hope of getting the H1-B back. Rajiv and his team has solved the case proficiently and got H1-B approval within 2 months. I thank Rajiv, his team, and my friends who have helped me through this tough time. I recommend everybody to consult Rajiv Khanna for any kind of problems in H1-B.If you need any information, reach me through email at Thanks Ravi Prasad Pachalla
I got my GC thru CP in a record 14 months. Rajiv's office needless to mention the names, has been very helpful throughout the process. Everybody did a great job throughout the process. Amel's services have been very helpful during CP process. I spoke to Rajiv on a lot of issues. It is easy to get in touch with him, not like other other lawyers. I thank Suman,Nimia,Leila,Fidelina,Amel and of course Rajiv for their cooperation throughout the process.
I got my GC thru CP in a record 14 months. Rajiv's office needless to mention the names, has been very helpful throughout the process. Everybody did a great job throughout the process. Amel's services have been very helpful during CP process. I spoke to Rajiv on a lot of issues. It is easy to get in touch with him, not like other other lawyers. I thank Suman,Nimia,Leila,Fidelina,Amel and of course Rajiv for their cooperation throughout the process.
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
I have got a very professional service from Law Offices of Rajiv Khanna. People are very reactive on the processing steps and helped me through all my process.
Thanks a lot
The service and expertise I received from Rajiv and his team was way above my expectations. Right from the beginning Rajiv answered all my concerns, he made himself available at all times and troubleshoot all the legal aspects and constrains regarding my case. His knowledge of the legal system is just amazing !
Thanks to Mathew Chacko for his professional advice and support during all the phases of my GC process, he is very professional and along with Rajiv create an elite immigration team.
A honorable mention to Heather Crump who made the entire process a real delight. Her attention to detail made me so confident and relax even in hard times.She is incredibly efficient and effective , her organization skills and pleasant personality are the best i ever known.
From their financial department to their legal team they are flawless.
I strongly recommend Mr.Khanna's law office to anyone, this is by far the best experience i ever had. I could honestly say that they are the # 1 immigration firm in the United States. Thank you all for your service !
I would like to say a great thank you to Mr. Rajiv's team--Rita, Ursula, Sushila, Pramita, Roopa, and Suman, Mathew. I-140 has approved and waiting for I-485.
I would like to take this opportunity to thank the team including Ms Baker, Mr Khanna amd Ms Waddell for their excellent and prompt efforts in helping me transfer out of a J1 waiver job. The team was excellent to work with and treated me with respect and was very professional. The approval came in within 2 weeks without any RFE's.
The chances of approval were poor due to lack of consent from the primary state, but the team achieved nothing less than a miracle. Cheers!!! and Congratulations!!!! God Bless you!.
I am very greatful and obliged to Prerna, Mathew, Rajiv and his wonderful staff from bottom of my heart for being with us through this entire procedure.
Thanks is a very very small word to show our gratitude to you.
I got my I-140 approval in 1 day and I-485 approval in 6 months with no RFE's.
I proudly say that one of the best decisions we made was to choose Mr.Rajiv's firm for our immigration matters.
At the end of the day, that we were in safe hands and it worked out absolutely well.
It only happenned because of the excellent paperwork and guidance done by Prerna and Mathew.
Mathew and Prerna has always dealt us with patience and almost immediate prompt emails answering our indefinite questions
and provided comforting words, that they will take care. It was overwhelmingly good.
Several times,I was really AMAZED at how Mathew can respond to emails and phone calls in spite of his busy schedule in this busy month July.
I thank again Prerna from bottom of my heart for being my saviour through this entire process and making the experience very friendly.
I would recommend any one going through immigration process, to choose Mr.Rajiv and his team, for they are excellent in handling the cases, as well as very prompt and caring as they take up cases very personally and work through it, to set everything right. This would help the case to not reflect back with RFE's.
May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE.
Rajiv ji , you and your staff are the best of the best.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
Hi, My wife and myself received our I-485 approvals the last saturday. Rajiv, Fidelina and their team did great job in getting my GC. I didn't have lot of time on my H1 when I started my GC (right around 2years), but I got my GC within 1year 8 months. Here are my details: EB2 India, PD is Sept 98, LC done in 7 months through RIR, Got I140 in 3 weeks. I485 RD is Aug 99. Got EAD/AP within 2 months. FP done in Oct 99. 485 approved May 23, 2000. The best thing I did is hiring the Rajiv and the gang instead of going through the company lawyer. I saw my friends in my company having lots of troubles with the company attorney, who doesn't have current knowledge of ever changing immigration laws. Great job guys! Thanks Puri