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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

Working for two companies on EAD

15 years ago By Chief Editor
Question details

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.

Working abroad while AOS pending

15 years ago By Chief Editor
Question details

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.

Guestbook Entry for Chins Chinnasamy, United States

15 years ago By Anonymous (not verified)
Name
Chins Chinnasamy
Country
United States
State
Massachusetts
Comment

My family did receive the green card through the extra ordinary ability (EB1) category. We have no words to say for the inspiring, exciting and excellent work done by Rajiv and Diane through the entire process. It took just about 8 months to receive the green card. In each and every step, we met many times through the conference calls with Rajiv and Diane and they explained the process clearly and precisely. Of course, we felt always that someone from our own family guiding us in the entire GC process.

I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues at any time. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. I really wondered sometimes that how Rajiv and Diane find time to respond quickly for an individual in addition to deal with the other clients. Dear Rajiv and Diane, our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.

Compensation for H-1 lay off

15 years ago By Chief Editor
Question details

My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.

There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.

USCIS Reopens Fiscal Year 2009 H-2B Petition Filing Period

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS)  reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions. Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted.

ICE Announces Major Reforms to Immigration Detention System

15 years ago By Editor

U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced that ICE is undertaking a major overhaul of the agency's immigration detention system.

"This change marks an important step in our ongoing efforts to enforce immigration laws smartly and effectively," said Department of Homeland Security Secretary Janet Napolitano. "We are improving detention center management to prioritize health, safety and uniformity among our facilities while ensuring security, efficiency and fiscal responsibility."

Guestbook Entry for Div Patel, United States

15 years ago By Anonymous (not verified)
Name
Div Patel
Country
United States
State
PA
Comment

I applied for my Initial H1-B Extension .I was scared as the USCIS was asking too many questions abiut the project,codes and othe evidences as I also received an RFE for my case. But I really want to thank Rajiv Khanna and his staff at the non-immigrant office who was very calm and prepared a point - to -point response and also Rajiv personally reviews all the responses sent to the USCIS. So my case was approved yesterday and I really appreciate thier work.

USCIS Update on Case Status Inquiries with the Service Centers

15 years ago By Editor

U. S. Citizenship and Immigration Services (USCIS) has issued instructions on making inquiries with the agency's four Service Centers. Customers, community-based organizations and liaison groups should follow this guidance when inquiring about case related issues. This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers. To get step-by-step instructions please check attachment:

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