I would rate my experience with this office as above average. Without a doubt, Rajeev has an excellent command over immigration law and is a very approachable person. He answers all queries very precisely and within 24 hours. He gives an exact analysis of the available options. My case was handled by Diane. Again, an extremely efficient person. She would answer my questions right away and many times on weekends. Room for improvement: Clients should be able to get within 24h phone appointments with Rajeev. Once I called law office on a Friday afternoon to speak with Rajeev, and the operator offered me next wednesday afternoon as the nearest possible appointment. However, this happened only once and all of the other times, I was given an appointment within a day or two. I must also add that not all of the staff was as efficient and professional as Rajiv or Diane. Accounts people did some miscalculation on my account and it took me numerous emails to get that fixed. These issues, though minor, should be handled promptly and responsibly.
It gives me greatest pleasure to record my heart-felt gratitude to Attorney Rajiv Khanna and his Team of dedicated collagues.... Ms. Diane Lombardo and others, who processed my case with utter sincerity in the vein of personalized attention and pristine friendship and guided me at every step with precision and exactitude. For fear of sounding loud, I do not wish to say any more than .... 'I was lucky to have found Rajiv .. he has proved to be an earnest friend, a delightful person, a thorough professional and above all a very decent gentleman' I have no hesitation in recommeding Attorney Rajiv Khanna to anybody who wishes to try processing his immigration case to the US. I can assure him that he will be in right hands. Dr. V.K. Raina
My GC process was started towards the end of 1999. After the Labor Cert. was approved, my I-140 was filed for. At this stage there was an RFE on my I-140. The case was complicated and at that point of time it seemed that there were very few chances of winning it. However, Mr. Rajiv Khanna presented the case with all the additional documents and evidences that were requested by INS, in a very systematic, efficient and intelligent manner. He was very persistent and determined to have the case resolved favorably. My I-140 was finally approved last week. During this difficult process, it was evident that Rajiv, Suman and the entire team were very dedicated towards their profession. They certainly are outstanding. They were always very courteous and prompt in answering all my questions and giving in apt advice pertaining to the case. I would definitely recommend Mr. Rajiv Khanna's Law Offices for any immigration-related issues. Pavan
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted the HR policies/procedures documentation to show that the position was permanent and met the Service requirements. Letters from the HR as well as the Department were submitted to show that the position would continue and that funding was available to support this position.
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.
I have received excellent service from attorney Mr. Rajiv S. Khanna and his entire talented team. I got an audit request on my case after two weeks of PERM filing at DOL. Mr. Khanna and his dedicated team, attorney Sheena, Amrita and Kim everyone worked relentlessly in response to the audit request. Finally my Permanent Labor got certified within one week of their response. I would like to thank attorney Mr. Khanna, attorney Sheena, Kimberly Phill and Amrita for their generous support on the success of my case. I will definitely recommend everyone to consult attorney Mr. Khanna and his well-experienced team for any immigration matter.
I recently received a GC for me and my wife filed in the employment based EB2 category. The office of Rajiv S Khanna was extremely professional and responsive and the process went really smooth. Prerna Mehta was the contact person and she was always available to answer queries and doubts. Received a RFE at the I-485 stage which was handled in a timely manner with all relevent documents by the law firm. I highly recommend this law firm for all kinds of Employment visa, Permanent Residence cases.
I am exteremly impressed by Rajiv Khanna law firm and my case manager Amrita.I got audited on my PERM labor clearance. With Mr.Khanna and his team, I got my LC approved on 1/7/08. A big thanks to the entire team and special kudos to my case manager Amrita. She was very prompt and readily availabe whenever I had any questions. I would highly recommend Rajiv Khanna law associates for green card filing. My sincere thanks to Attorney Sheena too.
Regards,
Bhavna
Rajiv S khanna is the best. Aruna, Bharathi they are all the best people to deal with. Very very excellent service provided. waiting for my I-485 so lets see. Thanks to all for all the service provided.
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.
What does the stimulus Bill (American Recovery and Reinvestment Act of 2009) say about H-1 hiring and about green cards?
There is a lot of confusion out there as is obvious from a gazillion emails I have received. So, I braved the lion’s den and tried to figure out this thing. Here is how I see it.
1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.
After our lawyer messed up a H1 visa transfer for our employee, RSK Law Offices with it's unbeatable track record was our natural choice. Very talented and professional set of immigration experts, they knew exactly what to do when and worked with amazing speed. Surprisingly the fees are very competetive. We saved both time & money not to mention the peace of mind we got.