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.
USCIS has published a revised version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives that had been added to the 05/05/16 and 05/23/18 versions of the form.
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>
1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?
Video Transcript:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.
Watch the Video on this FAQ: Green card based upon investment – EB-5
Video Transcript:
When you are doing an investment based green card first of all you have to look at these moving parts:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I & my wife are completing 5 years now on US Green Card, but are apprehensive to go ahead and file for our US Citizenship under the current circumstances. We also read that PR's who are using state or federal benefits are more susceptible to denials. I am making close to 200K salary and not dependent on any govt sponsored benefits or funds. But our kid has been diagnosed for Autism and he is receiving services from Department of Developmental Disabilities (DDD). The State alone is not paying for his services but we are primarily being billed on our private medical insurance for his therapy sessions every week. The school he is attending may be getting some funds for his additional care at school, considering his medical condition. Our questions are: Since we have been using DDD services for genuine medical reasons and I am in the higher salary bracket, would this be an issue for us in getting our Citizenship? Are the denials only for low income groups who are getting benefits from the government? Should we wait for some more time to apply for Citizenship?
Video Transcript:
Under the current regulations the prohibited benefits are:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS is proposing to revise our Form I-912, Request for Fee Waiver, to remove the receipt of means-tested benefits from the eligibility criteria. A means-tested benefit is a public benefit where eligibility for the benefit, the amount of the benefit, or both, is based on an individual’s income level.
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
DATE | Chart for all Employment - Based I-485 Pending Inventory |
July, 2018 |
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
This is regarding my sister who is going through lot of stress due to visa issues.
She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.
3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).
She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.
Here are our questions/ concerns. Please do answer these:
1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.
2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?
3. Any advise/ suggestions are welcome.
I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.
1. | Legal fees(for our Office): $2,200 |
Really great service with timely and helpful consultation. Rena has been very good coordinator and communicator. She has been very responsive and courteous at all times. Mr Khanna was also very helpful and was available whenever required. His expertise is always commendable. Thanks a lot for all your help.
Thank you for all your help!
I have been very impressed with the thoroughness of work done by Rajiv Khanna and his team including Anna Baker and hence my professional association with them for last 5 years after using numerous law offices before. Rajiv's Law office has the expertise to handle tough cases and get them approved. Thank you Rajiv and Anna for the great work done.
Dinesh Technovision
We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?
In your case, a K-3 cannot be issued. You must wait for IV.
If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.
My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.
H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009
My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).
1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?
2) While new H1B is pending, what is my status? Am I considered to be in status?
3) Can we file brand new H1B through the same company while appeal is pending?
4) Can I work for my employer while appeal is pending, without filing new H1B?
5) Can I work for my employer while new H1B is pending?
6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.
7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.
1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.
2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.
3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.
4) No.
5) No.
1) Can i keep my Priority Date and apply for the Greencard later (after graduating from school) with it? Would that be possible even if the job is not similar to the one for which I got the labor approval this time around?
2) Would it be possible to keep the 485 active when I am in school? If it helps, my Ph.D is in the same field as my Masters (also from the US).
3) If I receive an RFE on my 485 about employment etc and I can't respond, would that have any effect on the validity of my F-1?
4) After I got the F-1, I re-entered the country back on my H-1 since I wanted to continue to work for a bit. My H-1 expires in a few weeks.
5) Should i withdraw the 485? If not, will I get into trouble while going out and coming back in?
6) I'd need to inform USCIS of my address change. If I'm keeping the 485 active, I'd have to specifically mention the address change for those applications as well. Should I just go ahead and do that?
1) You should be able to keep your PD because your I-140 is approved. The jobs do not have to be similar, but you do have to start your GC all over again.
2) Only if the employer (or some other employer with a similar job - AC21) holds the job open for you and you have the intention of joining them upon approval of GC or earlier. But do keep in mind the next answer.
3) I see no effect. But do remember, USCIS has indicated that F-1 and AOS cannot both co-exist. We do not have much elaboration on this statement.
4) You can stay as an adjustee.
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
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....