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Guestbook Entry for Rob Ray, United States

24 years ago By Editor
Name
Rob Ray
Country
United States
State
FL
Comment

Wish everybody at the Law Offices of Rajiv S. Khanna a very Happy and Prosperous year 2001. I hope it will be the happiest you've ever known, and that it will be a year filled with dreams come true.... Special thanks to Rajiv, Suman, Richa, Vijay, Fidelina and Pooja for getting my LC approved in record time and subsequently filing my I-140 (currently pending at INS TSC). Best Regards, Rob.

Guestbook Entry for Anitha, United States

24 years ago By Editor
Name
Anitha
Country
United States
State
OH
Comment

My husband and I did our GC processing simultaneously with the help of Mr. Khanna's law office. We figured it would be a good idea to process both applications to play it safe in this post modern era of corporate mergers and acquisitions that some times kill the GC paper work half way. We ultimately got our GC's through my husband's application. It was through a regular Labor certification and Consular process in Chennai. The whole process took us a little over 2 years. In addition to Mr. Khanna himself, who was absolutely fantastic, we worked with Suman who was good until we got our labor certification. Diane Lombardo helped me with my case and was excellent.

Guestbook Entry for Verl Sriskandaa, United States

24 years ago By Editor
Name
Verl Sriskandaa
Country
United States
State
NY
Comment

I am very grateful to Rajiv and Diane Lombardo for their service on my GC processing case. Initially, my petiton was denied from the fall-out of NY/DOT case verdict. They resubmitted my appilication under outstanding researcher category and it got approved. Now, I am waiting for a visa stamp on my passport. Here are the run-down on dates. Oct.98- I-140/NIW submission Ap99- Request for more evidences May99- Submission of more evidences July99- NIW case rejected Aug99- Appeal submission Oct99- I-140/EB1-Out-Researcher submission Jun00- EB1 approved July00- I-485 submission Nov00- finger print submission. I am very pleased with their fees and they will laydown the whole petition for your review. They will not hide anything and their service is 200% good. It can't go any more better.

Guestbook Entry for Sundararaman G. Gopalakrishnan, United States

24 years ago By Editor
Name
Sundararaman G. Gopalakrishnan
Country
United States
State
VA
Comment

Hi Guys, This letter is intended to express our thanx and appreciation for the service rendered by law offices of Rajiv S.Khanna. For your information: I work as a research scientist at Science Applications International Corporation where I do some active research in atmospheric modeling. I got my green-card stamping done sometime last month. It took us about a year and half for the complete processing of GC. My experience with the law offices of Khanna has been a very pleasent one. There was no pressure from the start and at every stage I was confident that the law offices of Khanna would do its best to see us thru' this otherwise complex process. I hardly did any book-keeping. Rajiv Khanna and his able crew made the sailing very simple. I would strongly recommend the law offices of Rajiv S. Khanna to potential immigrants. One statement about Mr.Khanna: I found him to offer the correct advice at the right time without any exaggration. -Gopal

EB1 - Outstanding Researcher

24 years ago By Chief Editor

We won this case for the applicant having over eleven years of experience in the field of semiconductor thin films and solar cells. This applicant had received a prestigious international award.  We provided evidence of the criteria of this award as well as numerous recommendation letters from other experts in the field describing the competitive nature of the award.  Given the level of expertise of this applicant, he was highly sought after to review for prestigious international journals in his field. This is an honor only bestowed on the very best.

Profession/Occupation

Green Card

H-2B Cap Count for FY 2014

10 years ago By Editor

The H-2B Program

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers." 

Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

15 years ago By Chief Editor
Question details

I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.

"Proving Existence of a Job for H-1 B" published by "The Practical Lawyer", American Law Institute, American Bar Association Publication

15 years ago By Rajiv S. Khanna

Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv  and published by American Law Institute- American Bar Association, October 2009 issue of  "The Practical Lawyer".


 





 


 


 

Profession/Occupation

Guestbook Entry for Bala, United States

15 years ago By Anonymous (not verified)
Name
Bala
Country
United States
State
WA
Comment

well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala

Marriage to US Citizen with EB AOS is pending

15 years ago By Chief Editor
Question details

I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:

1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.

NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.

A legal marriage in India is fully recognized in USA.

RFE after the I-140 was approved

15 years ago By Chief Editor
Question details

1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?

2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?

1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.

2. My take is AC21 would be a better idea, although, not fool proof.

I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.

H-1 Quota Count as of 10 July 2009

15 years ago By Editor

As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Leave of absence - I-485 pending

15 years ago By Chief Editor
Question details

a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.

b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?

c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?

a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.

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