Great Firm, excellent service. Ursula E., was very dilligent, sincere, provided excellent customer service. The firm is fortunate to have paralegals of such great calibre.
ABSOLUTELY FANTASTIC LEGAL SERVICES!!!It's with heartfelt appreciation and gratitude that I want to express my Thanks to the Staff of Law Offices of Rajiv S. Khanna, especially to Ms. Charu Bhagat, Ms. Reena Wadel and Ms. Sirisha Durgam for the patience with which they worked my very complicated case. I was basically in an out-of-status mode in the US for a long time with my past employment and it was a big question as to whether I would get my Visa transfer approved. Thanks to the ABSOLUTELY METICULOUS preparation of documents and the constant communication between INS and Rajiv S. Khanna's Office that amde it happen. The only thing that I would STRONGLY reccomend anyone that has the privilege of getting help from Rajiv S. Khanna's Office is...1. Be Patient and WORK (really, without question) with the lawyers who are handling your case.2. PROVIDE every bit of documentation asked for and be very PROMPT with it.3. Respect their effort in helping you and do not be impatient.Ms. Sirisha, Ms. Charu and Ms. Reena were three of the most friendly and helpful persons. Thank you so much!!Aravinth Kaliappan
It was a very pleasant experience working with the Law Offices. I would like to make a special reference to the person I worked with who kept me informed on each step during the process removing any anxiety - I did get prompt responses on all queries and she returned every call, that was amazing. I look forward to working with this team again when I apply for my Green Card.Thank and appreciate all your efforts.
Rajiv Khanna and the people at his office did a very good job in processing my Green card. All of the people(Leila Lehman, Shivane Sharma,and others), I used to contact were very knowledgable. It has been a nice experience! Thanks and keep up your good work!
Rajiv Khanna and his office associates helped in all aspects of my green card applications and made it as smooth as possible. They are very well talented and experienced to handle any kind of case. My special thanks to Rajiv, Suman Leila, and Diane who very always there to help and answer all the questions at any time.
Dear Rajiv, Pooja, Suman, Savita, Vijay, Fedlina and All, Let me thank you all for such and excellent work done by all of you for my Labor Certification. I am really very impressed by good work of Law office. L.C. filed on 12/06/00, L.C. approved. 04/30/01. When State Department of Labor, Maryland asked for the few questions about my LC, Rajiv himself called me and assured. He is very humble and nice person. He is having full command not only to Immigration Law, but also to softwares. Though profession he is a Lawyer, but he does Designing and coding for his own 4GL/5GL programs. Thank you very much Rajiv. Raman
I checked the AVM message at Vermont and heard that our I485 petition for adjustment of status was approved. I have been associated with Mr. Rajiv Khanna, Charu Bhagat, Suman Bhasin, Leila Lehman and Diane Lombardo off and on since that time. Mr. Khanna practices his law in a principled manner and I have never been given any false assurances by him. He is not one of those fly by night lawyers who promise the moon and then dont deliver. He has always given me advise without reservations. He is also a shrewd lawyer and if your case has even the slighest merit, he will get it to your favor. Well thanks to him my family and I are permanent residents.
Dear Rajiv & Team, Thanking every one at Law offices of Rajiv S akhanna for getting my GC in record time, showing excellent thru the process. Thank you for taking a great interest in my case and I have no doubt every client of yours get this same great service. Feel lucky to have you as my atty. Thanking you and wishing good luck for others going thru the process. Ramana
Thanks to concerted efforts of law firm, I got my GC in 1.5 years. The remarkable thing about the people working at this law firm is that they always return your calls ( especially Ms Lehman). They take utmost care with the paperwork and they have been so prompt in paper-filing too. I opted for Consular Processing and it was a piece of cake. They did not ask any questions at all.
Release Date
Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March
Number 99
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
We primarily have questions on relocation to India and possibilities.
My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.
However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?
We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However, we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?
If you plan to relocate to India with a green card before obtaining U.S. citizenship, it can significantly complicate the naturalization process. To apply for U.S. citizenship, you must meet physical presence requirements: at least 2.5 years in the U.S. over the last five years and no single absence of a year or more. If you stay outside the U.S. for over six months but less than a year, you may need to provide an explanation.
A re-entry permit (Form I-131) allows you to stay outside the U.S. for up to two years without losing your green card, but it does not help with citizenship requirements. Form N-470 can protect your eligibility in limited cases, such as working for a U.S. company’s foreign branch, but it does not guarantee naturalization.
If you stay abroad for more than a year, you will likely need to restart your five-year residency requirement (or four years and one day if a re-entry permit was used). While re-entry permits can be renewed in certain cases, they do not protect your citizenship timeline.
Best advice: Obtain U.S. citizenship first and then relocate, as naturalized citizens can live abroad indefinitely without affecting their status. Please consult your lawyer regarding this.
I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.
On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.
On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.
However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
If you applied for a change of status (COS) while still in valid status—such as H-1B plus the 60-day grace period—you are not considered out of status while your application is pending. In this case, since you applied for H-4 within the grace period, the period between May (filing date) and December (approval date) is classified as an authorized period of stay, meaning it does not count as unlawful presence.
Even though the approval date is later, you are not subject to the three-year bar because you remained legally in the U.S. while the petition was pending. There are no negative implications for your status.
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?
Yes, an H-1B holder can start a company while maintaining a full-time job, but there are key conditions:
While legally possible, the process is complex and must be carefully structured to meet all H-1B regulations.
I thank Mr. Khanna, Suman Basin, Leila Lehman and Diane Lombardo for helping me through the Employment based Green Card processing. The best thing I like about the Law offices of Rajiv S. Khanna is that they are there when you need your questions answered. Efficient and very professional team.