Dear Mr. Khanna: My labor case is certified!!! I am so excited! I would like to thank you and all your fantastic crew for the great job you do. I greatly appreciate all your help and support. Thank you very much and have a great evening!
Dear Rajiv, Leila and All, Let me thank you all for such and excellent work done by all of you for my permanent residence application. I am so happy to thank you again and again for wonderful task. With God's grace, I got my permanent residence application approved by consulate general of America at Bombay, India on 27th Feb, 2001. I am really very impressed by good work of your esteemed office. Whole process took place within 14 mos of time. Thanks to great work of you and especially Laila, Richa, Suman and Vijay. I am very much convinced now that any Immigration related work in future, I will be not going anywhere but at Rajiv's Khanna' office. Thank you very much Rajiv. With all respect, Sincerely, Vipul Amin.
Hello everyone, I am glad that Rajeev and his colleagues (Charu + Rena) are our Immigration attorneys. Why?? (a) Well, we are a startup and definitely in need of expert advise as to whether we can or cannot apply for H1s to the INS. (b) Also, our needs are not just for Software Engineers, but for other skills that require justification to the INS that these are speciality occupations. (c) We have recd excellent service from his team and esp from Charu and Rena. They have always given a small company like us very quick response and turnaround for complex h1 cases. (d) We wish to adhere to the laws of INS and DOL and need expert advise in interpreting these ever changing laws. (e) The website is very useful and our prospective employees like it that our Immigrant Attorney owns and operates "www.immigration.com" . I look forward to using more of their services like GC Processing for our employees, L1s etc.. Thanks Rajeev SIRAJ CEO Kirloskar Multimedia
Rajiv and his associates processed my Green Card application under NIW category. I got my GC very smoothly. Excellent Service. He is very selective to take the case and doesn't accept it so long he is not fully convinced about the merit of the case. Moreover, he favored me by providing some legal information not related to immigration law. I am very satisfied.
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
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I recently got approval for Work From Home, from my client. So my work location will be my home. My H1B Amendment is filed. Because of situation, I have to change my home i.e work location, within same MSA. Also, if we can change the house, just updating AR-11 will suffice?
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I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back towork for the same employer or do I need to find a new job?
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My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?
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I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs. I am still waiting to hear back from USCIS regarding the next steps. If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B. Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
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I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?
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1. Is H-1B visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?
2. Where can I check my i-94 expiration date?
3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?
4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?
5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.
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I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
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1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?
2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.
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I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.
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Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.
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1. I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer.
2. My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries.
3. Within how months should we file I-485J and what documents do I need to provide to my new employer when joining the company?
4. By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140.
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Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:
Initial applications
Responses to all Requests for Evidence or other responses due on or after March 1, 2020
Requests for extension of status, maintenance of status
Reprieve from any expiration of status or employment authorization;
Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,
Updates Align with Board of Immigration Appeals Decision and Statute
Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities.
WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.
Discussion Topics, Thursday, 2 April 2020
FAQs related to Covid Caronavirus:
Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||
H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status || H-1B denial || Changing H-1B home office location ||
Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers
Got my I-485 approval on March/26/2001, less than 2 yrs from when the labor certification application was sent in. I would highly recommend Rajiv Khanna to anyone looking for an immigration lawyer. Rajiv and his colleagues were all very efficient and prompt in preparing and filing the documents. Whenever I had any questions, they always replied promptly and explained everything clearly. Thanks a lot to all of them!