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Guestbook Entry for Rakesh Jain , United States

23 years ago By Editor
Name
Rakesh Jain
Country
United States
State
OH
Comment

I am very satisfied with the services rendered by Mr Khanna and his colleagues. They have been professional and quick to reply to most of my emails and calls. I was not very involved with my Green Card process as my work is quite hectic so it was specially good to have people who are abreast of rules and regulations. They had the foresight to indicate CP on my I-140 application which saved me at least few months. I strongly recommend Mr Khanna to anyone who wants to get their GC process done in a smooth, streamlined manner.

Guestbook Entry for Tej Ram , United States

23 years ago By Editor
Name
Tej Ram
Country
United States
State
CT
Comment

I would like to thank Rajiv, Leila, Diane, Suman, Lakshmi, Fidelina and Shivane for the Green Card approval that I got in a record time of just 2 years. I am really glad that I choose this Law firm becuase they were prompt at every stage of my green card process. Inspite of their busy schedule, I always got prompt replies to all my queries. I was at peace during my GC processing since I was always sure that I am in good hands. Keep up the good job, and once again, thank you very much.

Guestbook Entry for sai ari, United States

23 years ago By Editor
Name
sai ari
Country
United States
State
VA
Comment

I am glad that I have Mr.Khanna as my immigration attorney.I got my greencard within 2 year 2 months. Mr.Khanna is one of the busiest attornies. But I could reach him whenever I needed. The staff is really good and responsive. I could sleep peacefully even though I faced several issues throughout the process because of Mr.Khanna. Mr. Khanna gave good advice all the times. In fact, he suggested me even consular processing which could have shortened the whole processing time. But I couldn't do it for my own personal reasons. I would like to thank profusely Mr.Khanna and his staff for their excellent work. I would like to mention my thanks to Diana Lombardo,Leila, Suman, Fidelina and Shivane for thier help at each step.Good work Diane, thanks for your smart work.Always she was ahead with the whole paper work even before the receipt of the approval notice from INS. My posting in the chat board. http://www.immigrationportal.com/WebX?13@149.3UfBa9AZxqi^6@.ef303e0

Green Card through several categories

3 years ago By Chief Editor
Question details

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Leaving employer while an I-140 is pending

3 years ago By Chief Editor
Question details

I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?

PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.

 

Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Extension of EAD for H-4 and EAD for L-2

3 years ago By Chief Editor
Question details

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

H-2 Visa - Temporary Workers

16 years ago By Anonymous (not verified)

The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable.  The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary.  In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:

Nonimmigrant Visas

Can H-4/F-2 holders perform volunteer work?

16 years ago By Chief Editor

The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.

Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?

H-1 converting to H-4 and then (maybe) back again

16 years ago By Chief Editor
Question details

I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .

Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.

While working she have been paying taxes regularly.

Pl let us know what needs to be done now:-

* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?

* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?

* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?

Changing the way she is planning is perfectly legal. There is no question of a "bad impression."

In my view, she will not be subject to quota unless she is outside USA for a year.

The companies are required by law to revoke her H-1. I see no issues there.

H-3 Visa Trainees

16 years ago By admin

General Information

An H-3 classification applies to an alien who is coming temporarily to the United States:             

(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or  
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.  

Nonimmigrant Visas

L-1 - H-1 COS issues

16 years ago By Chief Editor

Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.

Questions

Can an unrelated Masters degree get me an EB2?

16 years ago By Editor
Question details

When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.

In fact there is no simple answer.  Legally, there is nothing that requires that the degree must be in a related field.  But, the employer needs to make sure, under penalty of perjury, that they do require a Master's degree, even if it is unrelated.

Does filing for any green card permit me to stay in USA?

16 years ago By Chief Editor
Question details

I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?

So, the questions is does filing for any green card permit me to stay in USA?

The answer is no.

Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.

That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.

What to do if an I-140 gets rejected?

16 years ago By Chief Editor
Question details

Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:

1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?

If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)

Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.

Do advanced degrees help in marriage-based green card?

16 years ago By Chief Editor
Question details

I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:

1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.

2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?

3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?

4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?

 1. Advanced degrees do not help in a family-based green card.

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