I got excellent advice from Rajiv for my problem of wanting to go back to school after having filed for my green card. The whole team was very efficient with handling my sufficient request for H1B transfer so I can go to school while working on an H1 visa.
Great work and many thanks!
Rita and Suman ji have been very prompt and helpful with my Green Card process. I got my I 140 approved last week! The team at Law Offices of Rajiv S. Khanna is the best.
My I-140 was denied because of some issues with educational evaluation (B.Sc(Tech) equivalence to B.E) that was done with my first H1. We worked closely with Rajiv ji and Sheena ji in getting the issue resolved. We filed an appeal notice with a new detailed educational evaluation and got the I-140 approval with in 15-20 days. My I-485 that was also denied was also returned to pending status. I was very happy with the whole experience and the way the issue was handled and resolved.
I would like to thank Sheena ji and Rajiv ji for the pleasant and swift way the appeal process was handled.
I am very satisfied the way my case was handled by Mr. Rajiv Khanna. I specially want to thank Anna and Francesca for their effort and availability whenever I had issue with any paper format or so.
I will definitely have you(Mr. Rajiv Khanna) process any of my future legal issues.
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Date: 06/02/2008
Time: 2:00 PM
Place: USCIS office, Callowhill St. Philadelphia PA
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
This issue has come up several times. Here is what USCIS says:
USCIS Considerations to expedite Cases
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
We won a case for Alien of Extraordinary Ability a Mathematician holding a Doctorate of Mathematical Science, numerous “invited” publications and presentations as well as several prestigious international awards. We were able to provide evidence of extraordinary ability through letters of recommendation from leading mathematicians around the world. This applicant had strong support from the U.S. government and industry.
We won a case for Alien of Extraordinary Ability in environmental sciences with 9 publications, numerous “invited” committee memberships, a judge of the work of many other leading scientists and considered one of the leading experts in his field. We were able to provide evidence to show that his work was innovative and pioneering.
We won a case for Outstanding Researcher a Cellular and Molecular Biologist with 8 prestigious awards, professional society memberships and multiple letters of recommendation from leading scientists. We were able to provide evidence to show extensive contributions to the field of cancer research.
We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .
We won a case for Outstanding Researcher for applicant with 12 years of field experience as well as multiple years teaching. We were able to provide 14 letters of recommendation. The applicant had 14 publications in prestigious international journals. Experts in the field described candidate as “one of the few to reach the very top of the field.”
This applicant was a data recovery specialist under contract with the U.S. government providing critical skills to a high-level project. It was noted by referees that his knowledge and background were rare and greatly needed in the interest of our national defense. We provided documentation of his academic achievements as well as additional specialized training.
We won this case for an applicant with expertise in computer science utilizing his skills in the development of e-Government. His work was considered pioneering worldwide. We provided evidence that he was frequently called upon to present his work. He also served on numerous program committees.
We won this case for an applicant with five years research experience. The applicant was able to secure a very strong letter from the National Science Foundation director which detailed the innovative and pioneering work of the applicant. It was noted that his skills were critical for an initiative developed by the Foundation. We also offered evidence of his strong Ph.D. work as well as his publication record.
We won an Alien of Extraordinary Ability case for the applicant having advanced degrees from the prestigious Indian Institute of Technology, one of the most premier institutes in India. His research work was so highly regarded that he was awarded a two-year post-doctoral fellow at the Institute. This is a very high honor in that only “a select few” are considered for this position. The applicant had numerous books on civil engineering published and utilized by prestigious teaching institutes.
My company did the right thing by getting Rajiv Kanna's office to work with GC,Just want to share my experience with you all.
I got my RFE for I 140 on the May 23 rd and Tarun Sharma promtely directed me to sheena gill without any time delay and From that time I was really amazed by sheena responded to my RFE and the extra mile she went on each aspect for my case and the Rfe was filed on the June'18 th and I got my I 140 approved on the June'20 th.I am really glad that my company choose Rajiv's firm and I am very thankfull to all of his staff.Looking fwd to work with you all in the future.
Regards
shanmugadevi