Guestbook Entry for Bharad Ramesh , United States
Name
Bharad Ramesh
Country
United States
State
NY
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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
I-485 Priority Dates and Processing Dates
Question details
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
DOL gives PERM processing dates
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
Renewing Expired GC and Citizenship for autistic/disabled persons
Question details
One of our clients (I think I have worked with these folks for over a decade) had these questions:
Quote: A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?
Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf
GC approved. When should I start working on the green card job?
Question details
Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.
Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.
GC Compliance for Employers
Question details
Some of our employees' Green cards
have been filed. There projects have ended. They are working on H-1 but possess EAD and have 140 approved and 485 pending more than 180 days.
Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?
Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.
Starting business while in AOS/I-485/H-1/H-4
Question details
1. Hi Rajiv I have a few questions about starting business in partnership.
I am currently on H-1B , my I-140 is cleared and priority date is not current. My wife is on H-4 visa and she is interested in starting her own business with some one who has I-485 pending and has EAD.
I will be the one who will be investing in this business but I won't be employed with that business.
- Is this legal ?
2. Can you be a passive investor on H-1?
1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.
You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.
Am I obliged to join my sponsoring employer after GC approval?
Question details
For past 7 years I work for company ‘A’ on their H1B visa (EB3). I had a I-140 cleared in 1998 from my previous company ‘B’ under EB2. Company ‘B’ filed for my I-485 in 2004 and I finally got my green card.
Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.
Guestbook Entry for Parthi, United States
Name
Parthi
Country
United States
State
Georgia
Comment
Thanks for Rajiv Khanna and his team for helping me in getting my Green card. We received our Green card last week after we opened Service Request. Thanks for helping all these days in getting EAD/AP without any trouble and much appreciate your kind responses. Thanks Prerna Mehta for your help all these days. Parthi
DOJ Publishes Flyers on Form I-9 Issues for Employers and Employees Affected by TPS and DED
DOJ flyers for employers and employees on Form I-9 document issues for persons covered by Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).
DHS Launches First-of-Its-Kind Campaign to Combat Human Trafficking
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today launched the “Blue Campaign”—a DHS-wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives.
K-1 Visa
Question details
I want to apply for a K 1 visa for my fiance and her 10 year old child. What is the waiting period for this visa type, and what can I do to expedite the process.
The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks. As to expedite, check with USCIS customer service if they have any recommendations.
EB2 eligibility
Question details
I have completed my Bachelor's Degree in Computer Science Engineering (4yrs) and working as a Subject Matter Expert in US on L1B visa with a work experience of 4yrs. I have completed 2 Microsoft certifications and AICPCU certifications. Will I be eligible for processing Green card on EB-2 category ?
You will need 5 years of post-bachelor's experience. Certifications do not usually help.
EB2, volunteer work counted as an experience?
Question details
I am an OT practicing here in the US and came from another country. I graduated with BSOT and had an OT VOLUNTEER work for 2 years in an adult setting back home. Would that count as a part of the 5 years experience? And from that 2 years, I was not yet licensed OT for the first 6months.
GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.
H4 Visa Stamping
Question details
I recently switched jobs and had my H1-B transferred from Company A to Company B. I have all the H1-B sponsorship documents in place from Company B.
I am married and my wife is on H4 visa. My wife is currently in India and she has a valid visa and I-94 based on my Company A H1. My wife’s visa and I-94 are valid thru Sept. 30, 2010.
My question is, although I have the all the approved papers for my wife’s new H4 visa based on Company B, instead of having her go for a re-stamping can she fly back on her old but valid visa and I-94?
PERM ROUND 11 FAQs
The Department has posted new Frequently Asked Questions (FAQs) addressing filing and documentation requirements in response to questions received from the regulated community. To view the PERM Round 11 FAQs, please check attachent.
State Dept.'s Final Rule On Electronic Application For Immigrant Visa and Alien Registration
This final rule amends the Department of State's regulations related to the application for an immigrant visa and alien registration, to offer a completely electronic application procedure as an alternative to submission of Form DS-230, the Application for
Immigrant Visa and Alien Registration.
This rule is effective August 3, 2010.
H1 Visa
Question details
I have come to US through my company with my L1 Visa. I am currently working with my client. There is an agreement between my company and my client not to hire my company employees within 6 months after quitting. I cannot move to any other company here in US as i am on L1. My company is not willing to file H1 either. If I have to move to a different company I should have a H1 Visa filed.
Recently my client offered me to join their company, but I don't have my H1 and i cannot join my client company even if i get my H1 because of the 6 months restriction. What are the different options to join my client.
This seems to be an issue of contract only. Immigration law does not stop you from changing.
Guestbook Entry for Vamana Murti, United States
Name
Vamana Murti
Country
United States
State
California
Comment
Our green card applications just got approved and now we are waiting for the cards to arrive. Law offices of Rajiv Khanna did a wonderful job in our green cards processing. Rajiv Khanna is a nice person and his advice through phone calls and emails helped us in resolving the issues. Rajiv's team is one of the best team I have ever worked with and they beat my expectations in terms of QUALITY of service. Especially Amrita and Bharathi are helped me several times and they are very helpful and prompt in responding to emails. I would strongly recommend Law offices of Rajiv Khanna to anyone in the future who require immigration assistance.
CRS Report On Policy Considerations Related to Guest Worker Program
At present, the United States has two main programs for temporarily importing low-skilled workers, sometimes referred to as guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program. Employers interested in importing workers under either program must first apply to the U.S. Department of Labor for a certification that U.S.
US Suspends Processing New Nepal Adoption Cases Based on Abandonment
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) and the Department of State today issued a joint statement on the decision to suspend processing for new adoption cases based on abandonment in Nepal.
Joint Statement
Fingerprint Notification for California and Arizona Asylum Applicants
U.S. Citizenship & Immigration Services (USCIS) experienced technical difficulties with the Form I-797C, Notice of Action - Fingerprint Notification. USCIS did not print and mail this form to asylum applicants living in California and Arizona between July 8, 2010 and August 4, 2010.
What You Should Do
Go to the nearest USCIS Application Support Center (ASC) for fingerprinting and biometrics collection before your asylum interview if you:
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.