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!!!!!
Discussion Topics, Thursday, May 9 2019:
FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD
Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India
USCIS has updated the Adjudicator’s Field Manual (AFM) (PDF, 224 KB) to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A) and their essential support personnel (P-1S).
USCIS recently updated the following form(s):
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
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.
Finally my wife and I, received our GC. This journey lasting over 12 years. It has been a long journey to GC approval. I would take this opportunity to thank Mr. Rajiv Khanna and his entire team. Special thanks to Mr. Rajiv Khanna, for all his help and guiding me at each step of this journey, including multiple H1B renewals and EAD renewals. There is no words to express my gratitude and once again thank you. He is very informative and detailed in the documentation for each filings (H1B,GC). All along this process working with Prerna on regular basis - very helpful, always responsive and quickly returned my emails and had my calls scheduled with Mr. Rajiv Khanna whenever required - and Mr. Khanna always listened to my concerns, no matter how amateurish or complicated they sounded. His feedback and opinions were honest and very helpful in the constantly changing immigration rules and policies. I have been working with Mr. Rajiv Khanna and his team since 2007. It's a pleasure working with each and every member of Rajiv's team in this journey. I would like to thank Prerna, Bharthi and Amrita with whom i worked in the GC process. Once again thank you all from the bottom of my heart and my appreciation to everyone else who worked on my case.
I would highly recommend "Law Office of Rajiv S. Khanna" to anyone who needs help with immigration related issues.
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USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners.
On May 20, 2019, the Texas Service Center will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petitions requesting:
Added to the backlog woes is the spike in denials of naturalization applications "The grounds for denial are unpredictable, they could even relate to errors made when obtaining H-1B visas or green cards. This adds to the uncertainty," said Rajiv S Khanna, managing attorney at Immigration.com. " An entrepreneur had sponsored a green card for an employee without mentioning that he was a distant relative. He thought it was immaterial as the relationship was so distant. Today, this entrepreneur is unable to become a US citizen," Khanna said.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a new strategy known as eProcessing to accelerate USCIS’ transition to a digital business model. eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.
“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI.
“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds.
FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions
Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.
1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br>
2. Any particular documents needed for getting the H1b approved for 3 years?<br>
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br>
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
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.
However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.
“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com
For more information on this news please read the attached file.
1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.
1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.
2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.
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
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Number 90
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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.