Guestbook Entry for Vithal Madhira , United States
Name
Vithal Madhira
Country
United States
State
KS
Search
Guestbook Entry for Biren Gandhi , United States
Name
Biren Gandhi
Country
United States
State
NJ
Comment
Thaks a Zillion for a SPEEDY ~ 3 Years of EB2 GC thru Rajiv Khanna's office. Rajiv, Suman, Leila, Diane and his entire team is very diligent, co-operative & couteous. Although Rajiv is extremely busy, he is just a phone-call away for any trivial, repeating questions & support
Guestbook Entry for Surendra Babu, United States
Name
Surendra Babu
Country
United States
State
KS
Comment
Rajiv and his office staff are very responsive and quick.I appreciate all their help in my GC process.I specially thankful to Rajiv,Leila Lehman and Diane Lombardo for their timely advise and filing appropriate applications. Thanks
Guestbook Entry for Koteswara Rao Ruvva, United States
Name
Koteswara Rao Ruvva
Country
United States
State
CA
Comment
If you don. t know the secret beyond TEAM WORK read the following. It is the clearance of Labor Certification in California. Rajiv and his team members filed on 10th May 2000 for my Labor Clearance under RIR category. It was cleared at EDD Sacramento on 23rd of May and sent to DOL, SanFrancisco for further approval. On 5th June I got a message from the GREAT TEAM and surprised to hear that the Labor Certification is done. . Excellent Job!!! Just in 25 days!!! Unbeleivable !!!. Probably it is stunning news for Rajiv too. I know the quality of the work, the efforts what they put and how systematic they are. Extremely professional!!! Moreover, they are easily accessible, including Rajiv. It is pleasure to me to mention the team members : Rajiv, Suman, Vijay, Richa and Priya. Probably there is no substitution for this team. So here is the secret: Go ahead and call 1 703 908 4800 immediately.
Guestbook Entry for Anu Kumar, United States
Name
Anu Kumar
Country
United States
State
KY
Comment
Kudos to Rajiv and his team in getting our greencard approved in 1 year 7 months. Here are my details: EB2 India. Priority date: October 98. Labor certification was done via RIR in 7 months, I-140 in 2 months from TSC, and I-485 in 7 months from TSC. We had our passports stamped last Friday, and are awaiting our greencard. I originally started off with another lawyer, but changed to Rajiv shortly afterwards. That had to be the best decision we made!!! Rajiv and his staff are extremely knowledgeable and informative. He took no chances at all, and left no stone unturned in making sure our applications were complete. Believe me, this is the lawyer you want on your side.
Guestbook Entry for Easwar Ramakrishnan , United States
Name
Easwar Ramakrishnan
Country
United States
State
MA
Comment
Rajiv Khanna and his team did a great job of guiding us through the RIR labor certification process. They were always there to answer questions and provide us with the right information at the right time. Easwar One Happy Client!
Guestbook Entry for Sachindra Nalluri, United States
Name
Sachindra Nalluri
Country
United States
State
OK
Comment
Rajiv, Thanks a lot! My wife and I just got our passports stamped for adjustment of status. We were surprised to see our I-485 approval notifications so quickly. It took about six months for our I-485 approval, in EB2, at Texas Service Center. Our priority date was 12/98. We would like to thank you, Diana, Suman, Amel and your other staff who handled our case, for a job well done. We will continue to refer our friends and relatives to your office for their immigration matters. thanks, Sachindra
USCIS Reminder to Obtain Advance Parole Before Traveling Abroad
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
USCIS Responds to CIS Ombudsman's Recommendation on Improving the Process for T & U Visa Applicants
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
TSC Update – 06/03/09
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
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.
H-3 Visa Services and Fees
The fee schedule for H-3 classification (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal fees(for our Office): $2,200 |
Nonimmigrant Visas
Guestbook Entry for Sushant Mantri, United States
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 Rinchen W. A. Khampa, United States
Name
Rinchen W. A. Khampa
Country
United States
State
NY
Comment
Thank you for all your help!
Guestbook Entry for Dinesh Goel (Technovision), United States
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
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
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
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.
H-1 Quota Count as of 19 June 2009 (Updated on 24th June)
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
Visa Bulletin July 2009
Number 10
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Green Card
Guestbook Entry for Ravi, United States
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.
Rule Requiring Federal Contractors to Use E-Verify System Delayed
Implementation of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8, 2009.
DOL FAQs on Suspension of H-2A Final Rule
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
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.
CBP Issues Fact Sheet on Automatic Visa Revalidation
CBP issued Fact Sheet offering guidance on automatic revalidation for F-1, J-1 and M-1 nonimmigrants. Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).
For Fact Sheet please check the attachment.
Thanks to Rajiv and his team for their excellent work. I applied for GC in EB2, non RIR, in Nov'1999 and got the stamping in passport in Nov'2001. The team is very experienced and knowledgeable. They are prompt in filing all documents with DOL and INS in all the stages of processing. Rajiv and his team is very prompt in replying to all my email queries. I strongly recommend Rajiv for your GC processing.