Please accept this small token of my appreciation for your support and efforts in helping all the way from LC to I485 - for a successful GC application approval. I believe Mr. Rajiv's team of people exemplifies how cooperation can achieve great results. My special thanks to Suman, Homa, Leila, Shivani, Iqbal and Diane Lombardo. I can always count on you to get the legal work done and on time!
I have retained the services of the law offices of Rajiv S Khanna for my Green card processing/filing. It has been over a year since the process started. In one word I would say the services that I received were "EXCELLENT" I would like to express my frank opinion and comments on some of the experiences 1. Even before the process started, Rajiv Khanna replied to my queries, concerns, questions within a few days of emailing him. This was even before the retainer agreement was signed. 2. LC: I was in a real hurry to get the process going since I had very little time on hand. I found that the people I had to interact with were able to put themselves in my shoes and actually try their best to speed up the paperwork required so that the application could be filed at the earliest. 2. I-140: Preparing ahead: On suggesting that we prepare ahead and have the I-140 application ready to be sent when the LC is received, I was happy with the co-operation, advice and support I received. As a result my I-140 application was sent to the INS just one day after the certified LC was received in the offices of Rajiv Khanna!! 3. I am sure the same kind of service will continue all through the process, and if past experience is any indication, I expect that my paperwork for 485 will be ready to be filed the day my I-140 approval is received by the Law office of Rajiv Khanna. 4. As for the fee arrangement, I really like the payment on monthly basis instead of one or two lump sum amount. Overall, based on my experience so far, I would, without hesitation, recommend the services of the Law offices of Rajiv Khanna for a Green card application.
When we were doing our research to find an attorney, Rajiv Khanna's law firm was very strongly recommended by a friend. My friend said that he got great personal attention from Mr. Khanna himself but most importantly, that the law firm was always persistent in getting papers moved quickly through HR departments or agencies. My wife and I have certainly experienced that ourselves. The interview call has come in a record 3 MONTHS!!! Thanks to Homa Naderi who developed a great relationship with us and for staying on top of things, ensuring the forms were filled out accurately, and being prompt in replying to our questions and e-mails. Thanks, God Bless.
Rajiv Khanna's office is very client-friendly and will understand the client's problems and work with them closely. This will ease the tensions/worries. And they are very prompt on updating the information to the clients.
Mr. Khanna's office is working on my GC case through Labor Certification and I cannot say enough great things about his team! I had some really bad experiences in the past with some s* lawyers, and know I can be at peace knowing I am in great and competent hands. Richa Narang was of great help during the 6-month RIR recruiting process, always reminding me to turn in documents ASAP. I have never had this experience before, most law firms don't care about their clients, they only care about collecting their fees. A friend of mine just got his H1B approved with no RFEs and in record time. He and his family are ecstatic and very grateful. And so am I. Thanks for always having the time to talk to me and answer my questions. You guys are great!!
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.
For recent updates on PERM processing please click here.
http://www.immigration.com/processing-times-and-status-checks
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
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.
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.
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.
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.
My green card is being processed through Rajiv Khanna's office and I am extremely happy with the services they have provided at various stages. My company was taken over by another company and my company had filed for I-140 amendment for name change. It was approved without any queries. I would recommend anyone and everyone to avail immigration services from Law offices of Rajiv Khanna. They are highly professional.
Hi Rajiv & Team,
My wife and myself finally got our Green Cards approved few days back. It took us about 3.5years from start to end due to broken immigration system. I am very impressed with the services provided by your team during this process.I am particular impressed with the professionalism with which our cases were handled and have processes in place to detect human errors. During critical times like filing I485 in Dec05, your team has prepared&reviewed the forms in 2days and that helped us getting the GC sooner. Personally thankful to Rajiv & Mathew for finding time to call me and answer my questions.
The GC process is unnerving, tedious and complicated. Choosing you as my lawyer gave me peace of mind and confidence that I will be able to file in time - I filed my labor only in mid-July, but was still able to file 140 and 485 concurrently well within time.
Before this blog, I used to ask questions from all my friends to understand the processes. This blog was just great helping me to be so well informed that I started giving suggestions to my friends. The information was accurate and quickly delivered straight by Rajiv, so I knew I could follow it with confidence. I was really amazed by the quick turnaround on almost all questions posted.
Special thanks to my case manager Heather for giving personal attention, being very responsive and working so many late hours to help us out. I want you to know that your work has helped me and my family very much. The past 2 months have been really taxing for you. I feel you really deserve a good vacation after August 17
Continue the great work. Expand your firm and help more people. Many Thanks.
My O petition was approved through your help and when I went for O1 Stamping my visa was not issued due to Chennai consulate in patent misunderstanding of the law that being subject to INA Section 212(e) home residency requirement.
Finally Mr Khanna sent the a brief explanation that "It is long settled law that 212(e) does NOT apply to O-1 visas" and i got the O1 stamping. I am convinced that with the current experience of obtaining the O visa with your guidance, and support of Miss Diane Lombardo and Miss Anna Baker I would definitely be a client for my future needs. I am very pleased with the service and the application was very diligently prepared by your staff with communicating with different parties of my sponsor institution. The staff at the sponsor institution were amazed by the pleasant nature of Miss Diane Lombardo. I was very confident by your mails that my visa will successfully stamped. I whole heartedly thank you Mr. Khanna and your team. I would advise my pears to get the best job done right, is to hire Mr. Khanna. I am eagerly looking forward to working with you in the future. Thanks, Raghava Munivenkatappa
My labor certification just got approved today.We applied for it on June 26th so it took exactly 75 days.I just want to thank Law offices of Rajiv Khanna for their professional services.They have been very efficient and I am looking forward for the rest of the process with them.
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.
The attached document explains the criteria.
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
1. I am contemplating switching from H-1B status (in Year 4) to an L2 status (wife holds L1B status) and then applying for EAD. After I receive the EAD (receipt of application sufficient for starting work?), (1) am I allowed to hold on to my current H-1B status or does it automatically lapse upon conversion to L2?
2. Can I hold a CAP-EXEMPT H-1B with an academic institution/ think-tank etc CONCURRENTLY with the L2, (3) work as an independent contractor (1099)?
3. Does EAD allow one to be do multiple things as a free-lance professional?
1. Ans. It lapses upon change of status from the date the status is changed.
2. Ans. You cannot have H-1 and L-2 status at the same time. But on the L-2 EAD you can do both jobs.
3. Ans. Yes.
1. Are we OK in keeping an H1B worker without work as long as we pay him during the project break too - at the LCA wage level.
Ans. You must pay your H-1 workers the legal wage. This is the higher of the prevailing wage or the actual wage. Actual wage is defined as that which you pay other similar employees in the same geographical location. So, as long as you pay the legal wage, there is no problem.
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
I have attained Canadian Citizenship but a born Indian citizen, when I am applying for 485 which priority dates do I need to consider, General or India. I do not have Indian passport.
Still, India. Your chargeability follows the place of birth, not your citizenship.
Rajiv & his team did an excellent and thorough job on my green card. The whole process from start to finish took less than an year! Many thanks to Rajiv, Leila, Suman & all the others on job well done! I would be more than happy to provide Rajiv a reference, if needed. Regards & good luck to you all, Ananth