Thanks to Rajiv and his team. My LC was filed in Nov' 99 and got approved on Nov'12th 2000. Applying for I-140. This team is very prompt, patient, energetic and knowledgeable. The team reply to every question very carefully. Rajiv even replied to some personal immigration questions when I need to change my wife's H4 status to F1 (we went to Mexico for this). Thanks to Rajiv for all his answers and suggestions. GC is a major milestone in our life, for those who want to make a career in U.S. We need patience and above all must follow the attorney's suggestions for successfully getting the GC.
Green card experience : I would like to thank Mr Rajiv Khanna, Fidelina and their staff for all the help they provided through my Green card process. I am glad I selected them as my lawyers and would recommend others too if they want a hasle free green card processing. My Labour was done in Feb 98 and it came in under 6 months. We tried for EB2 I140 but since I did not have masters, we got an RFE. We selected EB3 as an option then but due to some confusion at the VSC side, my I140 was denied, they thought we are asking for EB2 again. My date had luckily become current at that time. Due to the quick response from Fedilina, my 140 was approved in about a week or so. That was something really extraordinary and I am glad Fidelina was handling my case. We are able to file 485 at that time, Aug 99. Got the EAD in about 3 months. But unfortunately, the dates went back. At that time, my wife’s 140 got approved in EB2 and through another lawyer. Her date was current. We were in a dilemma whether to file another 485 while earlier 485 was still pending, do CP or just wait. We finally decided to go for CP. We had our interview on 25 October at Delhi and had to wait for 2 weeks at delhi because of Name check problem. Fidelina had been nice to answer my queries every now and then through the whole process. The CP process was very smooth without any problems. If anybody has any specific question, please write to me at KHERAA@YAHOO.COM and I will be really glad to answer.
Rajiv's staff is well informed, prompt and very friendly. I had no problem during all the phases of processing. I received prompt response to my emails and Rajiv or his staff members were easily available to answer any questions. Further he has a real good system to organize and store documents; because of which I never had to refer to any of my old documents over the course of my 3.5 years of Green card processing. Further his consultation fees are reasonable. I would recommend his services.
I am very satisfied with the services rendered by Mr Khanna and his colleagues. They have been professional and quick to reply to most of my emails and calls. I was not very involved with my Green Card process as my work is quite hectic so it was specially good to have people who are abreast of rules and regulations. They had the foresight to indicate CP on my I-140 application which saved me at least few months. I strongly recommend Mr Khanna to anyone who wants to get their GC process done in a smooth, streamlined manner.
timely work satisfied. will aproach you in future.
I had Consular Processing done with Law Offices of Rajiv S. Khanna
I would like to thank Rajiv, Leila, Diane, Suman, Lakshmi, Fidelina and Shivane for the Green Card approval that I got in a record time of just 2 years. I am really glad that I choose this Law firm becuase they were prompt at every stage of my green card process. Inspite of their busy schedule, I always got prompt replies to all my queries. I was at peace during my GC processing since I was always sure that I am in good hands. Keep up the good job, and once again, thank you very much.
My LC was filed on 26th of dec 2000 and was cleared on March 15th 2001. I am very happy the way SUMAN, POOJA co-ordinated with me. I am right now being assisted for filing i-140 by Pooja, Shivane
I am glad that I have Mr.Khanna as my immigration attorney.I got my greencard within 2 year 2 months. Mr.Khanna is one of the busiest attornies. But I could reach him whenever I needed. The staff is really good and responsive. I could sleep peacefully even though I faced several issues throughout the process because of Mr.Khanna. Mr. Khanna gave good advice all the times. In fact, he suggested me even consular processing which could have shortened the whole processing time. But I couldn't do it for my own personal reasons. I would like to thank profusely Mr.Khanna and his staff for their excellent work. I would like to mention my thanks to Diana Lombardo,Leila, Suman, Fidelina and Shivane for thier help at each step.Good work Diane, thanks for your smart work.Always she was ahead with the whole paper work even before the receipt of the approval notice from INS. My posting in the chat board. http://www.immigrationportal.com/WebX?13@149.3UfBa9AZxqi^6@.ef303e0
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
The following pointers have emerged from recent cases and comments from USCIS:
1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.
2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.
3. Emphasize/document the "international" nature of your accomplishments.
The services provided by Mr. Rajiv & Ms. Suman were outstanding and the timely help during emergencies were really professional and courteous.