Guestbook Entry for Arul Palanivelu, United States
Name
Arul Palanivelu
Country
United States
State
ID
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Guestbook Entry for Rob Ray, United States
Name
Rob Ray
Country
United States
State
FL
Comment
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
Form I-539 and New Form I-539A
USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the website on March 11, 2019. Starting on March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
Form I-140 (EB1A)
We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor.
Status
Form I-140 approved
Green Card
Form I-140 (EB2)
Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval.
Status
Form I-140 approved
Green Card
Guestbook Entry for Devraj Mahapatra, United States
Name
Devraj Mahapatra
Country
United States
State
Michigan
Comment
Me and my wife would like to thank Rajiv, Diane and the rest of the team involved for the meticulous work done. In today's scenario, willingness to take up my case and delivering nothing but positive results, we feel extremely humbled and grateful. My employment based green card process once transferred to Rajiv and team went very smooth and quick . It just took about a year and a half from process initiation to green card in hand.
Special shout out to Diane for taking our calls and queries and calming us down at all times.
Highly professional team, who genuinely care. Highly recommend this team for your immigration needs.
B1/B2 Visa
Applicant sought out our firm after receiving a misrepresentation finding against him at the consulate for visa stamping. We reviewed his file and were unable to ascertain any factual basis for the fraud/misrepresentation finding. We began directly corresponding with the consulate, and requested information from various government agencies In addition, we consulted with The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs .
Status
Fraud/Misrepresentation finding removed
Nonimmigrant Visas
Immigration Law
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
March 7, 2019, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?
USCIS Resumes Premium Processing for All H-1B Petitions
USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request.
H-1B Employer Deducting Money From Salary
Question details
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Rajiv's News Clips - OPT for foreign students doesn’t harm Americans, says US based think-tank
Rajiv S. Khanna, managing attorney at Immigration.com told TOI: “Anecdotally, from our own clients, we see difficulty in hiring qualified people in STEM professions. Several of our clients have opened offices in Canada, simply because US immigration policies are implemented by the current administration inconsistently, creating maximal difficulty, often beyond the boundaries of the permissible laws.” “We can see no rationale for any change in policy making it more difficult for US trained students to remain in the USA and for US businesses to hire and retain qualified people,” he adds.
Visa Bulletin - April 2019
Agency
Green Card
USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes
Simple, smart changes to make the H-1B visa program work better
Getting A Second Job After Green Card Approval
Question details
I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money. Is it Legal to do this on Green Card without breaking any laws ?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Rajiv's News Clips - First phase of premium processing of H-1B cap applications to aid int’l pupils get work visas
For employees who are coming from outside the United States, even though the premium processing will begin in June, it offers a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1 start date,” Rajiv S Khanna, managing attorney at Immigration.com told TOI.
Travel While Change of Status Request is Pending - H-1B Related
Question details
I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?
There are multiple issues involved in traveling.
First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.
Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Guestbook Entry for Venu Yeluripati, United States
Name
Venu Yeluripati
Country
United States
State
Texas
Comment
We had reached out to Rajiv S Khanna's law offices on a recommendation from a friend to help us with filing a green card for our parents. From the initial conversation till after the GC approval, their offices have been extremely informative, responsive and professional. They went out of their way in making us comfortable, patiently responded to all our queries and guided us through the entire process. We are happy to say that the GC card was approved in the first go with no issues and thanks largely to the excellent up front preparation of the case/documentation. We would gladly recommend their services to anyone looking for immigration help. Heather Riddick, who helped us through the entire process was excellent to work with. Thanks again to Rajiv S Khanna and team for successfully guiding us through this process.
CW-1 Filings for Fiscal Year 2020 Must be Accompanied by an Approved Temporary Labor Certification
USCIS will begin accepting petitions for employment with start dates in fiscal year (FY) 2020 under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) on April 4, 2019. However, all CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL). USCIS will reject any CW-1 petition with an employment start date on or after Oct.
Update to Form I-129, Petition for a Nonimmigrant Worker; New Edition Dated 01/31/19
Starting 05/20/19, USCIS will only accept the 01/31/19 edition. Until then, previous editions: 01/17/17, 12/23/16, 08/13/15, 03/26/15, and 10/23/14, can be used.
For more information visit this link: https://www.uscis.gov/i-129
PERM Processing Times (as of 2/28/2019)
PERM Processing Times (as of 2/28/2019)
Green Card
Immigration Law
Getting H-1B Extensions Based on of I-140 Approval of Spouse
Question details
My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
CPT, OPT, Unlawful Presence
Question details
As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Doing business while on H-1B
Question details
I saw your video on doing business on H1b and understood most of the things such as applying concurrent H1b if I want to be actively involved in the business. I have 3 questions related to the topic. I will open an LLC or any other type of entity that my CPA will suggest but
1- I plan to start with a simple e-commerce business (selling online on a website and other platforms such as Amazon). How tricky is it to get approved for a Concurrent H1b for managing this type of business? I work in IT but I do have MBA and MS degrees from USA. I will be managing both the Technical and Management side.
2- I remember that Concurrent H1b will have to abide by all rules of H1b. Will this means that I have to have start-up capital of more than yearly prevailing wage of CEO in the bank to qualify? I plan to start with 10-20K.
3- Will this Concurrent H1b will be cap-exempt or I have to go through the lottery for this?
FAQ Transcript
I think the problem here is I don't think we can prove that your job requires the Bachelors Degree, so unless the job requires the Bachelors Degree in a specific subject, we cannot get an H-1B for that job. There is no start up capital requirement for an H-1B. Directly there is no such thing, but of course indirectly the government can say that we want to be assured of the veracity of the company we want to know that you have enough money or start up money to secure the job. They usually don't ask.
Concurrent H-1B is cap exempt. It is not subject to the cap. If your main H-1B is already capped you have gone through the quota once concurrent H-1B will not be under the cap. The difficulty I see is that your job is not specialty occupation. Other than that, I think it can be done.
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.