Guestbook Entry for Niketan, United States
Name
Niketan
Country
United States
State
NJ
Search
Guestbook Entry for Raman Kumar , United States
Name
Raman Kumar
Country
United States
State
VA
Comment
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
Guestbook Entry for Arvind Mathur, United States
Name
Arvind Mathur
Country
United States
State
MD
Comment
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.
Guestbook Entry for Ramanarao Garimella, United States
Name
Ramanarao Garimella
Country
United States
State
VA
Comment
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
Guestbook Entry for DINESH MAKKED, United States
Name
DINESH MAKKED
Country
United States
Comment
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.
What happens if you overstay your I-94
Question details
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
FAQ Transcript
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
EB-2 green card process for Chinese born
Question details
How much time does the EB-2 green card process take for a Chinese born?
FAQ Transcript
For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.
Can you work on H-4 Visa?
Question details
Can you work on H-4 Visa?
FAQ Transcript
Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.
Layoffs - H-1B Visa Update
Question details
Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?
Question 2: Is it the right time to move to the USA from India on H-1B since one is beginning to hear a lot of layoffs took place in big MNCs?
FAQ Transcript
Answer 1: Do not travel until you get a job as you could have problems when you come back.
Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare industry) then you do not need to worry.
Traveling while H-1B and I-140 approved
Question details
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
FAQ Transcript
Absolutely no problem, you can travel.
H-1 visa stamping and Dropbox appointment
Question details
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
FAQ Transcript
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
Reentering with F-1 visa again
Question details
A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?
FAQ Transcript
Depends upon individual cases. Difficult to say.
U.S. Immigration work authorization act changes in 2023
Question details
Is there a possibility of getting approval for H-4 visa work authorization act this year?
FAQ Transcript
Nothing is going to happen on immigration this year.
Pending I-485 gives you the right to stay in the United States
Question details
My I-140 and I-485 is pending, my OPT has expired. Can I stay back in the U.S until I get my green card EAD ?
FAQ Transcript
Sure, because you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.
Visiting Canada on F-1 visa status
Question details
Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?
FAQ Transcript
If you are on F-1 status, you can definitely go to Canada.
F-1 change of status and H-4 expires
Question details
If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?
FAQ Transcript
No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.
L-1 Layoffs
Question details
If someone is on L-1 and got laid off, what are the alternatives?
FAQ Transcript
Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). This page covers what CIS can and cannot help with and how you can submit a request for case assistance with the office.
Recording for February 02, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Extending Green Card while applying for naturalization
Question details
My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
My GC and my spouse’s GC have a expiration date of Sep-2023
My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all the documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, during the processing period my GC will expire.
Is it okay to apply for citizenship now and then around July start my renewal of GC? Are there a process to update GC info after a citizenship application is submitted and is in processing? Would any part of GC numbers change when I get renewed? Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.
FAQ Transcript
The situation has changed a couple of months back. Now the government says if you apply for naturalization even in the last month of your green card USCIS will send you a receipt that says your green card is extended for two years. With the receipt, you can work as well as travel.
Consequences of employer withdrawing I-485 Supplement J
Question details
Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)
- I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
- Will it be a right-away denial, RFE or USCIS will issue NOID?
- If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
FAQ Transcript
1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.
Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India
Question details
Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.
1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?
FAQ Transcript
- It is a very difficult question to answer.
- It is difficult for anybody to predict as it is all statistical and there are so many variations possible
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.