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.
I am here on an H-1B and I am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H-1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?
It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.
I had to share this, an email from Diane, a member of our team yesterday:
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting my Green Card.
USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests that there may be a delay or damage to the package, the petitioner may file a second H-1B petition with a new fee payment and the following:
U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
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This bulletin summarizes the availability of immigrant numbers during May.
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus
check from ABC Company. Since, I was not on their payroll they issued me a 1099
misc form for tax purposes for this tax year. My understanding is H-1B employee
can file only W-2 form with current employee. If I file my tax with this 1099 misc
form from ABC Company? Am I violating the H-1B rules?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
PERM Processing Times (as of 4/16/2015)
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.
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!