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Guestbook Entry for subodh shetty , United States

24 years ago By Editor
Name
subodh shetty
Country
United States
State
VA
Comment

The process was done smoothly and professionally without any hitches. Thanks to Rajiv, Suman, Nimia, Dianne, Leila and the entire staff at 3440 N. Fairfax Drv for some quality work. Mr. Khanna is very knowlegable and is very easily accessible to answer all technical questions. Please keep up the good work. EB2, RIR, VSC Feb 27, 1998 : PD Jul 28, 2000 : ND May 12, 2000 : FP Aug 18, 2000 : 485 Approved

Guestbook Entry for Ahmad Raza, United States

24 years ago By Editor
Name
Ahmad Raza
Country
United States
State
MD
Comment

We were very apprehensive about the problems and delays in getting the required visas. Our consultation with another immigration attorney was not very reassuring. On s friend's recommendation we consulted Rajiv. And things changed. Rajiv and his staff got our work done in no time. That was only part of it. The thing that impressed us most was their highly professional approach, sense of duty, and client-always-comes-first attitude. Whenever we phoned and/or visited their office, both Rajiv and his staff, Charu in particular, made us feel at home and gave us patient hearing, their own very busy and tight time schedule notwithstanding. Thank you Rajiv. Thank you Charu.

Green Card through several categories

3 years ago By Chief Editor
Question details

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Leaving employer while an I-140 is pending

3 years ago By Chief Editor
Question details

I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?

PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.

 

Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Extension of EAD for H-4 and EAD for L-2

3 years ago By Chief Editor
Question details

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Guestbook Entry for Kiran Kasuganti , United States

16 years ago By Chief Editor
Name
Kiran Kasuganti
Country
United States
State
Maryland
Comment

Thanks to Mr.Rajiv Khanna and Ms.Sheena Gill. I got a most substantive RFE on my I140. INS asked too much information and the time is less. Sheena and my company worked over time and replied to the RFE with perfect documentation with in the time.I was surprised to see the approval time within a week.

The credit goes to Ms. Sheena and my employer.

Guestbook Entry for Arnab C, United States

16 years ago By Chief Editor
Name
Arnab C
Country
United States
State
MA
Comment

I and my wife recently got our green cards approved, which was been processed through LORK's office.

The process took a while to complete but finally it got over. I would like to take this opportunity to thank Rajiv Khanna and and everybody at his firm for handling the processing of our application so expertly and professionally.

Special thanks to Mathew Chacko, Prerna Mehta, Amrita and Bharathi Gajala who were involved with our cases at different stages. The LORK team members were always very cooperative and helpful with all of our GC related matters. I had also received RFEs for my case and they were responded to very promptly and with accurate detail by Rajiv and his team members.

I would also like to thank Rajiv Khanna for the great service he provides for the immigrant community through his Live chats. These chats and the recorded transcripts helped us with answering our queries and doubts over the whole complicated process of Green card and also kept our hopes up during the long-winded process.

Looking forward to working with LORK's office again in future.

Guestbook Entry for Bharghava, United States

16 years ago By Chief Editor
Name
Bharghava
Country
United States
State
VA
Comment

I have been working with Rajeev Khanna's Laws office since the beginning of 2005 when i applied my labor. The whole team has been very helpful and very prompt in informing me about the latest status. I have had RFE on labor and 40 and both have been addressed promptly and all the documentation was done without much involvement from me. Even when we had a window to apply for my I -485 within a very short period of time. I personally thank Sheena, Tarun and the whole team for being very helpful. I hope i get my 485 approved soon. I would recommend the team to everyone who is looking for their immigration and other services. Thanks once again.

E-3 Issue

16 years ago By Chief Editor
Question details

I am an Australian citizen currently on a B2 that expires in Oct. I lodged I-539 application for extension in Aug and received I-797 receipt Aug 25.
I may have found an employer that will sponsor me on an E3 visa (Australians only). All I need is a letter of offer and a completed Labor Condition Application.
To apply for the E3 visa though, I need to leave the USA and visit a US consulate. I do not have my original I94 any more (I submitted it with my I-539) but I do have a copy of it. Once I get a letter of offer, I will travel to either Toronto Canada or home to Sydney Australia to apply for the visa.

Qo1. Can I still leave the USA without the original I94?

Qo2. In the event my E3 visa is denied, will I be able to re-enter the USA from Canada without the original I94, provided my stay in Canada is less than 30 days? (And how would this work if I take the trip up there after the expiration date of the original I94? Remembering that my B2 extension is pending)

 Ans1. Yes. You should not need an original I-94 to travel out.

Ans2.  You probably cannot reenter using a copy of the I-94. Not only that, your departure from USA renders your pending B application void (considered abandoned).

They way I see it, you have two choices. Wait for B extension before you go for E stamping. Or, go for E stamping bearing in mind the consequences of abandonment and reentry not assured.

F-1 OPT - No Job

16 years ago By Chief Editor
Question details

I was approved for my OPT on February 2008 for a duration of one year. At that time, I was allowed to stay in US for 1 year while looking for job. On April, 2008, a new regulation came according to which a student on OPT can not stay in US without job for more than 90 days. I was not aware of this rule until end of September 2008. Now I have applied for dependent visa. My worry is that unknowingly I stayed for around 6 month without job when I was actually allowed for only three month.

I am worried that is this mistake going to affect my new visa approval? Is there anyway I can explain USCIS that it happened because I was not informed about this rule and I did not come across it.

Your best bet is to get your dependent visa stamp from a consulate as soon as possible. That should take care of any potential future problems.

H-1 where there is no license in hand

16 years ago By Chief Editor

In professions that require a license under State law (teacher, nurse, architect, physician), an H-1B cannot be submitted without the license. This is the general rule.

Nevertheless, where the license is delayed because the beneficiary does not yet have a Social Security Number, CIS may approve the petition for at least one year. We must, however, submit documentation from the licensing State agency confirming that the beneficiary has met all other requirements for the license (except providing a SSN) and that one will be issued as soon as the agency receives the SSN.

H-1 - how to revert to old employer

16 years ago By Chief Editor
Question details

My friend was working for Company A and he shifted to Company B, three months back filing a new H1B, But his employer got a 6 page H1B query list, his employer is not revealing the query and is not in a position to respond.

Couple of questions, Can I switch back to Company A.
1. Does he need to file with DOL (or) USCIS that I am switching back to company A
2. If his H1B with company B is not approved, will it be a problem that I worked Company B for 3 months and has taken the pay?

Other Question is, Company A send a letter to INS saying that he is not working with Company any more (Company A employer is telling that he did not revoke the H1B but send a normal letter to INS), Can he still switch back to Company A???

If he can not join back Company A, Can he file a new H1B with another company, knowing the fact that he has a query on his H1B with Company B.

In my view, he cannot go back to company A without taking some additional steps.

Here, company A has revoked the H-1 (all that takes is a letter), they will need to reapply the H-1 and he should get a new visa stamp. He can also get an H-1 through another employer but will most probably need a visa stamp before he can start work. The existing query (RFE) should not normally interfere with any future applications unless the RFE contains some allegations of fraud or lack of qualifications related to your friend.

H-1 quota - the law

16 years ago By Chief Editor

People (even lawyers, including me) find it difficult to keep the H-1 quota issues straight. I am giving the law here for reference and better understanding.

The Law
_________________________________________

AC21
_______________________________
SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following new paragraphs:

H-1 transfer - what action is needed for H-4

16 years ago By Chief Editor
Question details

I came to USA with an H1b Visa, my family's H4 visa was also issued with me. After coming to USA I transferred my H1b visa to new company and I got my transfer approved and I got a new H1b with new I-94, my question is whether they can travel with the old H4 or not?

If their visa is still valid, they can travel. Each time an H-1 holder changes jobs, the H-4 holders are NOT required to change their H-4, as long as the H-4 status (I-94) or visa is still valid. An action on H-4 is required only if the status (if within USA) or the visa (if traveling abroad or outside USA) is about to expire. Of course, if H-1 holder has been out of status even for one day, my answer would change.

Naturalization - travel before oath

16 years ago By Editor

My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.

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