A very professional group of people working to help us out in all aspects. Their approach, quick response to queries and most of all their initiative and drive to follow up for us are fasinating. Their work definitely needs appreciation.
We got our 485 approval (07/13/02) and got that stamped in the passport from the local INS. There are no words to thank Rajiv S Khanna and his team. Diane, Leila, and Suman had helped us in each and every stage and more important thing is, they return the call in matter of hours. Very prompt and courteous in reply, and they are all highly talented. There were no unanswered questions and I would recommend Rajiv and his team to anyone. With their teams doing the process, I knew I am in safe hands. Thank you all.
My H-1B premium processing was done by the offices of Rajiv Khanna and his staff. He and his staff (Sirisha) were really helpful and I wish to thank them for the same. My overall experience: I feel he is a BRAND NAME in this business. "His name says it all"
Mr.Khanna is a great lawyer as without his help , I would not have my GC. He helped me at every point and replies e-mail instantly. I would highly recommend his services to anyone. Also Liele lehman has been great help. Thanks to the entire crew including suman bhasin.
It has been a very pleasant experience getting help from the law offices of Rajiv Khanna.They have been extremely helpful and efficient with our visa application and successful too and they continue to assist us through their website.Kudos to your guys who handled everything for us.Thank you.
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted the HR policies/procedures documentation to show that the position was permanent and met the Service requirements. Letters from the HR as well as the Department were submitted to show that the position would continue and that funding was available to support this position.
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.
I have received excellent service from attorney Mr. Rajiv S. Khanna and his entire talented team. I got an audit request on my case after two weeks of PERM filing at DOL. Mr. Khanna and his dedicated team, attorney Sheena, Amrita and Kim everyone worked relentlessly in response to the audit request. Finally my Permanent Labor got certified within one week of their response. I would like to thank attorney Mr. Khanna, attorney Sheena, Kimberly Phill and Amrita for their generous support on the success of my case. I will definitely recommend everyone to consult attorney Mr. Khanna and his well-experienced team for any immigration matter.
I recently received a GC for me and my wife filed in the employment based EB2 category. The office of Rajiv S Khanna was extremely professional and responsive and the process went really smooth. Prerna Mehta was the contact person and she was always available to answer queries and doubts. Received a RFE at the I-485 stage which was handled in a timely manner with all relevent documents by the law firm. I highly recommend this law firm for all kinds of Employment visa, Permanent Residence cases.
I am exteremly impressed by Rajiv Khanna law firm and my case manager Amrita.I got audited on my PERM labor clearance. With Mr.Khanna and his team, I got my LC approved on 1/7/08. A big thanks to the entire team and special kudos to my case manager Amrita. She was very prompt and readily availabe whenever I had any questions. I would highly recommend Rajiv Khanna law associates for green card filing. My sincere thanks to Attorney Sheena too.
Regards,
Bhavna
Rajiv S khanna is the best. Aruna, Bharathi they are all the best people to deal with. Very very excellent service provided. waiting for my I-485 so lets see. Thanks to all for all the service provided.
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.
I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:
Mr. Rajeev Khanna and his staff simply superb. I think he is best lawyer for people dont have remedy for any Immmigartion issue. I am really impressed and appreciated his expertise in Immigartion issue. I talked to him on the phone but feel like I am taking to him personally. He is so clear and spontaneous on any Immigration issue. Thanks lot....