Guestbook Entry for Sohan Kasula, United States
Name
Sohan Kasula
Country
United States
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Guestbook Entry for Roopal Mehta, United States
Name
Roopal Mehta
Country
United States
State
MD
Comment
They were really good in... - delivering the process well - presenting my case - securing & covering all the corners - Had the knowledge, experience and 'know-how' that made it a successfull deal.. Thanks a lot! - roopal.
Guestbook Entry for Gurumurthy , United States
Name
Gurumurthy
Country
United States
State
MD
Comment
The services provided by Mr. Rajiv & Ms. Suman were outstanding and the timely help during emergencies were really professional and courteous.
Guestbook Entry for VITHAL MADHIRA, United States
Name
VITHAL MADHIRA
Country
United States
State
KS
Comment
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.
Guestbook Entry for ASHISH KHERA, United States
Name
ASHISH KHERA
Country
United States
State
CA
Comment
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.
Guestbook Entry for Prithviraj Chavan, United States
Name
Prithviraj Chavan
Country
United States
State
KS
Comment
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.
What happens if you overstay your I-94
Question details
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
FAQ Transcript
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
EB-2 green card process for Chinese born
Question details
How much time does the EB-2 green card process take for a Chinese born?
FAQ Transcript
For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.
Can you work on H-4 Visa?
Question details
Can you work on H-4 Visa?
FAQ Transcript
Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.
Layoffs - H-1B Visa Update
Question details
Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?
Question 2: Is it the right time to move to the USA from India on H-1B since one is beginning to hear a lot of layoffs took place in big MNCs?
FAQ Transcript
Answer 1: Do not travel until you get a job as you could have problems when you come back.
Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare industry) then you do not need to worry.
Traveling while H-1B and I-140 approved
Question details
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
FAQ Transcript
Absolutely no problem, you can travel.
H-1 visa stamping and Dropbox appointment
Question details
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
FAQ Transcript
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
Reentering with F-1 visa again
Question details
A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?
FAQ Transcript
Depends upon individual cases. Difficult to say.
U.S. Immigration work authorization act changes in 2023
Question details
Is there a possibility of getting approval for H-4 visa work authorization act this year?
FAQ Transcript
Nothing is going to happen on immigration this year.
Pending I-485 gives you the right to stay in the United States
Question details
My I-140 and I-485 is pending, my OPT has expired. Can I stay back in the U.S until I get my green card EAD ?
FAQ Transcript
Sure, because you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.
Visiting Canada on F-1 visa status
Question details
Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?
FAQ Transcript
If you are on F-1 status, you can definitely go to Canada.
F-1 change of status and H-4 expires
Question details
If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?
FAQ Transcript
No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.
L-1 Layoffs
Question details
If someone is on L-1 and got laid off, what are the alternatives?
FAQ Transcript
Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). This page covers what CIS can and cannot help with and how you can submit a request for case assistance with the office.
Recording for February 02, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Extending Green Card while applying for naturalization
Question details
My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
My GC and my spouse’s GC have a expiration date of Sep-2023
My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all the documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, during the processing period my GC will expire.
Is it okay to apply for citizenship now and then around July start my renewal of GC? Are there a process to update GC info after a citizenship application is submitted and is in processing? Would any part of GC numbers change when I get renewed? Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.
FAQ Transcript
The situation has changed a couple of months back. Now the government says if you apply for naturalization even in the last month of your green card USCIS will send you a receipt that says your green card is extended for two years. With the receipt, you can work as well as travel.
Consequences of employer withdrawing I-485 Supplement J
Question details
Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)
- I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
- Will it be a right-away denial, RFE or USCIS will issue NOID?
- If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
FAQ Transcript
1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.
Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India
Question details
Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.
1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?
FAQ Transcript
- It is a very difficult question to answer.
- It is difficult for anybody to predict as it is all statistical and there are so many variations possible
I tried 2 different attorneys before employing law offices of Rajiv Khanna, one attorney took money but didn't even bother to call me and other who wouldn't fill the basic information properly before filing the application for LC. Myself and My wife, we got our passports stamped yesterday (11/21/2002), the whole process took us about 2 yrs and 1month without any problem or query from INS. Working with the team of Rajiv Khanna was PLEASANT. Being a professional myself, I am really pleased with their DILIGENCE, PROFICIENCY, CONFIDENCE and EXPERIENCE. Even though my company messed up in making monthly payments, Ms. Lakshmi Kompella, Ms. Diane Lombardo and Ms. Suman Bhasin gave me an opportunity to clean it up without holding up the processing of my application. I am thankful for their CARE and UNDERSTANDING. Ms. Leila Lehman are praise worthy too, for all their support and PERSONAL attention given to my case. Thanks to the whole team for making the process EASY and PLEASURABLE. If the job needs to be done RIGHT, this is "THE TEAM".