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
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from March 10, 2015, through Sept. 9, 2016. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization.
This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This PM supersedes any prior guidance on the subject.
This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.
Please check the attached document for HHS Poverty Guidelines 2015.
USCIS has published a revised Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. The revised form G-28 is part of a final rule that became effective on Jan. 27, 2015.
About Form G-28
Thank you for your advice Mr Khanna. It was very helpful. Thanks for replying so quickly and giving us an appointment it was very kind of you.
I was referred to Mr Khanna by a friend. I wanted some information on the J-1 visa waiver process. Mr Khanna was extremely gracious to reply to my email over the weekend and instantly asked his secretary to schedule an information call. It was a pleasure to speak with Mr Khanna. His depth of knowledge on the subject was very impressive. He was very patient in answering all my queries to my satisfaction. I am extremely grateful to Mr Khanna for providing me the legal guidance that I needed and putting my mind at ease. I will refer Mr Khanna to anyone who seeks a highly experienced and compassionate Immigration Attorney who actually cares for his clients.
Its been about a year since I have interacted with the Law office of Rajiv Khanna and I have found them to be very knowledgeable and experienced with the whole immigration and Green Card process. They have been quick to answer any questions and efficient throughout the course of the application. Thanks to the team for making the ordeal of the entire process a lot more simplified!
AAO Processing Times as of March 1, 2015
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As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers the appropriate response to the court order entered March 4, 2015, in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015).
I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.<br>
My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H-1B visa is a bit complicated.
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My question is, how does the quota system work for H-1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H-1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H-1B visa?
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Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
My Citizenship Interview was held on July 8th 2013 (become PR 6/2007) and it is pending since then due to middle name issue. My Indian passport and documents in US does not have middle name, but my Birth certificate has listed my name along with middle name (there is no middle name section in the birth certificate, so they did not bother to mark it separately.
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So it has been approx. 2 years and I reached out multiple times about the status and so far I got an answer “Will let you know once the decision is made”. Also I have been told that they need to do another round of security check with my name, including the middle name.
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Now, my company wants me to send me to Germany for some years (approx. 2+ years). I am not sure how I can proceed further. My wife and Kids are US citizens and they will have to move with me to Germany for couple of years.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
Very professional and prompt. My PERM process went very smoothly.
If you are a Temporary Protected Status (TPS) beneficiary who is eligible to re-register for TPS but did not file your application before the deadline for your re-registration period, USCIS reminds you to follow the guidance on our TPS web page under “Filing Late.”
This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.
To view Visa Bulletin for April 2015 Click Here.
PERM Processing Times (as of 3/10/2015)
On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.
The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
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.