Guestbook Entry for Vithal Madhira , United States
Name
Vithal Madhira
Country
United States
State
KS
Search
Guestbook Entry for Biren Gandhi , United States
Name
Biren Gandhi
Country
United States
State
NJ
Comment
Thaks a Zillion for a SPEEDY ~ 3 Years of EB2 GC thru Rajiv Khanna's office. Rajiv, Suman, Leila, Diane and his entire team is very diligent, co-operative & couteous. Although Rajiv is extremely busy, he is just a phone-call away for any trivial, repeating questions & support
Guestbook Entry for Surendra Babu, United States
Name
Surendra Babu
Country
United States
State
KS
Comment
Rajiv and his office staff are very responsive and quick.I appreciate all their help in my GC process.I specially thankful to Rajiv,Leila Lehman and Diane Lombardo for their timely advise and filing appropriate applications. Thanks
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
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:
Can H-4/F-2 holders perform volunteer work?
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
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
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
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?
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?
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?
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?
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.
Consequences of DUI's on naturalization and green card
Question details
Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.
I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.
Now my questions are :
1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.
Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.
Your earliest reply will highly appreciated.
Let us look at the law for green cards and removal (deportation) first.
Remember the following GENERAL elements of the law (there is more to it).
Does lay-off affect natutralization?
Question details
I obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.
Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.
Now I have a part time job which is not related to the job that helped me get the green card.
It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.
Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?
Thank you very much for your help.
I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
Guestbook Entry for Muthukrishnan Ganesan Nadar , United States
Name
Muthukrishnan Ganesan Nadar
Country
United States
State
VA
Comment
have done my labor certification through Rajiv S Khanna,
They have done a wonderful job,
I have received my Certification in 10 days,
The Team Member are really knowledgeable and responsible.
You guys are champion and you are doing wonderful job for the immigrant community.
Thanks and Best wishes!!
Guestbook Entry for Sudeep, United States
Name
Sudeep
Country
United States
State
IL
Comment
Long Process - but got GC through Mr.Khanna without going through RFE or any interviews. Lot of people helped through different stages. very professional. I would recommend to anyone to go through Mr. Khanna for GC.
Guestbook Entry for Sameer Raval , United States
Name
Sameer Raval
Country
United States
State
Georgia
Comment
Experience that exceeds my expectations. For People who count on quality and timely work this is the place. My labour certificate is approved in 2 weeks(EB2). Case Manage Amrita deserves honor and high appreciation.
Guestbook Entry for Olu Odewale , United States
Name
Olu Odewale
Country
United States
State
PA
Comment
What I can say is that I got the highest support possible even with all the troubles Rena, Savita , Anna and lawyer Rajiv stayed focused . They are the best. God bless you for all your great service. I just had to continue and say that , even though I was not the easiest of clients they stayed professional and polite . The billing department was very cooperative too. I am so happy to be one of your success stories . You made that the only option from day one. Thank you all.
Guestbook Entry for Shariq Raza, United States
Name
Shariq Raza
Country
United States
State
PA
Comment
I can not describe in words the gratitude that my wife and I have both for Rajiv Khanna and Jitesh Malik. The USCIS denied my wife's dependent I-485 AoS app and we were sure that we'd have to relocate back home. Jitesh and Rajiv bhai handled the matter deftly and we could not have been more pleased with the outcome. They took care of the matter and got us an approval when my old attorney wouldn't even return my calls when things started heading south. I had heard stories of Mr. Khanna being very helpful and knowledgeable and now know that he is the best Goddamn immigration attorney out there who is not afraid to fight for you.
To all desi's [Pakistanis;Indians] and non-desi's out there: Rajiv Khanna is da bomb! Trust me on that.
Thank you Rajiv bhai! Thank you so very much! Shariq Raza.
Guestbook Entry for Baldev , United States
Name
Baldev
Country
United States
State
CA
Comment
COMMENTS: I heard a lot about Rajiv S. Khanna's legal firm through a friend of mine and true to his word, they have proven themselves. Rajiv S. Khanna's firm has been very CONFIDENT, WELL INFORMED, HELPFUL AND PROMPT throughout the case. ABOUT MY CASE: I work for a Software company (around 300 employees) with branches throughout the world. I had to go to India for 1-2 years to train our off-shore team and streamline processes for handling US Clients. I already had a GC for about 2 years. I was worried about my stay out of US as it would hinder US Citizenship processing. N-470 seemed to be the best approach (as it would treat my stay out of US for business/employment purpose, as if I was in US). For e.g., Without N-470: Apart from other requirements for Citizenship, following must be fulfilled. . Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months. With N-470: If you live outside US for about 2 years on business/employment purpose, then these 2 years are counted as residing in US as long as we abide to the rules for N-470. The entire process took about a year (ie. time between submitting N-470 and getting the approved N-470 via mail) Some of the requirements are: 1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year). 2. Must apply for N-470 before leaving the country. 3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company for the purpose of business improvement. 4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment. Rajiv's staff has been very helpful and has all the information on how to apply for N-470. They even provided counseling to help me understand the requirements and if I qualify for N-470 before taking up my case. Good Luck...
Guestbook Entry for Mitesh , United States
Name
Mitesh
Country
United States
State
Illinois
Comment
Thanks a lot to Law Offices Of Rajiv S Khanna for doing an excellent job to get my H1 and my wife's H4 renewed. My case was a little complicated and my employer has very little knowledge about the whole process, but Rena and Anna did an outstanding job in preparing the job description letter and coordinating with my employer. They are both extremely polite and patient and are very prompt in responding to emails/phone calls.
Thanks a lot to both Rena and Anna for all their help and special thanks to Rajiv for his expert advice.
I am glad i Chose "Law Offices Of Rajiv S Khanna"!
Guestbook Entry for Latish Sehgal , United States
Name
Latish Sehgal
Country
United States
State
TX
Comment
My experience with Mr. Rajiv Khanna's Law office has been excellent so far. I have received my Labour and I-140 within a year inspite of getting an RFE (which was handled very well).
Guestbook Entry for Damodar , United States
Name
Damodar
Country
United States
State
West Virginia
Comment
We have applied our I-140 and 485 petitions through Rajiv's law office. We received our GC approvals the other day.
I would like to take this opportunity to thank Mr.Rajiv Khanna and his team.
My Special thanks to Mathew Chacko, Prerna Mehta and Suman Bhasin for their help and attention with all of our GC related matters.
Since day1 we have received exceptional service. Their staff is easily approachable.
I would also like to thank Rajiv Khanna for the great service he provides for the immigrant community through his Live chats.
The attorney fees are reasonable for the valuable service they provide compared to other noted firms.
Looking forward to recommend your law firm to my friends and family.
Thanks to Rajiv and his team for their excellent work. I applied for GC in EB2, non RIR, in Nov'1999 and got the stamping in passport in Nov'2001. The team is very experienced and knowledgeable. They are prompt in filing all documents with DOL and INS in all the stages of processing. Rajiv and his team is very prompt in replying to all my email queries. I strongly recommend Rajiv for your GC processing.