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.
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!
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
Excellent team. Very quick effective correspondance and communications skills by Mr. Vikas.
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.
Many thanks to all for doing a wonderful job, excellent team.
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.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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Processing Queue | Priority Date |
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Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | August 2022 |
Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US.
Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.
It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.
I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.
I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:
1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.
2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.
3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.
If you are facing a layoff as an international student pursuing a Master's in IT and seeking to extend your stay in the US, there are several options available. One option is to apply for a B-1/B-2 visa. Please visit Rajiv’s blog at immigration.com for more information.
Another option is to enroll in a community college and obtain an I-20. This can provide you with additional time in the US. If more time is required, you could consider joining a university in the spring semester.
Curricular Practical Training (CPT) is another option to explore. There is another blog entry specifically discussing CPT, which you should read for more information. Additionally, there is an option to secure a quota exempt job. Our website features frequently asked questions that address quota exempt jobs, so be sure to review them.
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
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.