Guestbook Entry for Uma Swamy, United States
Name
Uma Swamy
Country
United States
State
CA
Search
Guestbook Entry for Suresh Joshi , United States
Name
Suresh Joshi
Country
United States
State
VA
Comment
I and my family received our GC stamping on June 25th,2001. I started the whole process in Oct 1998 with Rajiv Khanna as my attorney. He is a lawyer of great standing and has helped me at every point in the whole process. I must mention here that the paperwork done under his guidance has been perfect and I had no RFE's except at the last stage for an employment letter. This substantially reduces the total time of this lengthy process. I am specifically mentioning this because I have seen some of my friends stuck for years in the process because of careless paperwork. Also I had some problem regarding the evaluation of my education and Rajiv's correct strategy helped me and I could come out of the problem. I found the staff in his office in general and with a special mention of Suman Bhasin, Laila Lehman, Shivani Sharma and Diane Lombardo, very co-operative. Thanks to Rajiv and his staff.
Guestbook Entry for Bharad Ramesh , United States
Name
Bharad Ramesh
Country
United States
State
NY
Comment
After a bad experience with a prominent NY law firm dealing with immigration, I came to this site. I was initially skeptical because the firm was not based in the city I work and live in but the promptness of getting the paperwork done, the willingness to answer doubts whenever they arose and reassuring me about my status when I had to leave the country on a sudden emergency back in India- all of these point to an organization and its people who clearly are the benchmark I would use for any professional service rendered in the future. Great job! Thanks.
Guestbook Entry for TG Ganeshan, United States
Name
TG Ganeshan
Country
United States
State
Texas
Comment
I was greatly pleased with the level of professionalism, courtesy and promptness of Rajiv Khanna and his staff with regard to the dealings of my green card case. Rajiv Khanna's advise was invaluable in my case and I was able to obtain my GC in 14 months through CP at chennai. His staff made the whole experience very easy, simple and painless. I would greatly recommend him and have done so to several of my friends. Please feel free to contact me if any questions. Regards Tg
Guestbook Entry for Ravita Maharaj, United States
Name
Ravita Maharaj
Country
United States
State
MD
Comment
Rajiv is certainly an expert on Immigration Laws and will give you your options, straight up. He has retained staff who are professional, helpful and supportive. Many, many thanks to Diane Lombardo, who was always available and also to Leila and Suman, who would return calls and e-mails in a timely manner. This is a Law Office which allows you to maintain sanity through the tedious and complex INS process, and one which I highly recommend.
Guestbook Entry for Madhusudhana R., , United States
Name
Madhusudhana R.,
Country
United States
State
CA
Comment
I appreciate the work you all done for getting through the H1 and H4 intime. Thank you very much for Rajiv, Charu and Ursula
USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants
Release Date
Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.
Question details
Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.
1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?
2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?
3. How long will it take to get a conditional green card? How about non-conditional?
4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.
5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?
FAQ Transcript
1. Not only should there be an investment that investment should be needed to set up that business.
2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you will be able to create ten American jobs. You have about four years to create American jobs.
3. You can actually look those times up.
4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible
5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.
Can a new employer file I-485 using an old employer's I-140?
Question details
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
FAQ Transcript
- When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.
- I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time.
USCIS Announces Trial for Updates to the Naturalization Test
Release Date
Federal Register Notice Published Today Announces Nationwide Trial
Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA
Question details
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
FAQ Transcript
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
Rule to recapture H-1B unused time (Remainder Option); What if I change professions?
Question details
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
FAQ Transcript
- Yes, you can.
- If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
- H-1B does not prohibit you from going to school. You could work and go to school at the same time.
Rule to recapture H-1B unused time (Remainder Option); What if I change professions?
Question details
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
FAQ Transcript
- Yes, you can.
- If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
- H-1B does not prohibit you from going to school. You could work and go to school at the same time.
Visa Bulletin For January 2023
Number 73
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January 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.
Agency
Green Card
Immigration Law
Options for Nonimmigrant Workers Following Termination of Employment
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.
PERM Processing Times (as of 11/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | March 2022 |
| Audit Review | January 2022 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form AR-11, Alien’s Change of Address Card
11/02/2022 04:03 PM EDT
Recording for December 15, 2022 Conference Call with Rajiv S. Khanna
Green Card
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
H-1B was approved with a new I-94 but the date of onboarding was extended by the employer
Question details
I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?
FAQ Transcript
That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.
Rule to recapture H-1B unused time (Remainder Option); What if I change professions?
Question details
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
FAQ Transcript
- Yes, you can.
- If you want to work in a different domain that does not stop you from using the reminder option. I see no problem.
- H-1B does not prohibit you from going to school. You could work and go to school at the same time.
My wife and I received our GC within 28 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Diane Lombardo, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Leila, Suman, Lakshmi, Shivani and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Many of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.