Guestbook Entry for Giridhar Tanjore , United States
Name
Giridhar Tanjore
Country
United States
State
OH
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Guestbook Entry for Roshan D'Souza, United States
Name
Roshan D'Souza
Country
United States
State
WA
Comment
Great Firm, excellent service. Ursula E., was very dilligent, sincere, provided excellent customer service. The firm is fortunate to have paralegals of such great calibre.
Guestbook Entry for Aravinth Kaliappan, United States
Name
Aravinth Kaliappan
Country
United States
State
MD
Comment
ABSOLUTELY FANTASTIC LEGAL SERVICES!!!It's with heartfelt appreciation and gratitude that I want to express my Thanks to the Staff of Law Offices of Rajiv S. Khanna, especially to Ms. Charu Bhagat, Ms. Reena Wadel and Ms. Sirisha Durgam for the patience with which they worked my very complicated case. I was basically in an out-of-status mode in the US for a long time with my past employment and it was a big question as to whether I would get my Visa transfer approved. Thanks to the ABSOLUTELY METICULOUS preparation of documents and the constant communication between INS and Rajiv S. Khanna's Office that amde it happen. The only thing that I would STRONGLY reccomend anyone that has the privilege of getting help from Rajiv S. Khanna's Office is...1. Be Patient and WORK (really, without question) with the lawyers who are handling your case.2. PROVIDE every bit of documentation asked for and be very PROMPT with it.3. Respect their effort in helping you and do not be impatient.Ms. Sirisha, Ms. Charu and Ms. Reena were three of the most friendly and helpful persons. Thank you so much!!Aravinth Kaliappan
Guestbook Entry for Dilbagh Gill , United States
Name
Dilbagh Gill
Country
United States
State
NJ
Comment
It was a very pleasant experience working with the Law Offices. I would like to make a special reference to the person I worked with who kept me informed on each step during the process removing any anxiety - I did get prompt responses on all queries and she returned every call, that was amazing. I look forward to working with this team again when I apply for my Green Card.Thank and appreciate all your efforts.
Guestbook Entry for Rajesh Nair, United States
Name
Rajesh Nair
Country
United States
State
MN
Comment
Rajiv Khanna and the people at his office did a very good job in processing my Green card. All of the people(Leila Lehman, Shivane Sharma,and others), I used to contact were very knowledgable. It has been a nice experience! Thanks and keep up your good work!
Guestbook Entry for Ranjit Nambiar, United States
Name
Ranjit Nambiar
Country
United States
State
CA
Comment
Rajiv , I have an account with Immigration .com . Couple of day back I stamped my GreenCard . Iam happy about it and wanted to let you know that the team behind it are great people , a handful of excellent employees , don't you want to know about them ....they are Diane , Lakshmi and Leila . They are outstanding with their services , never I had to ask anything for second time , all feedback they gave me in 24 hrs. and they all kept me posted on the latest about my case . Rajiv , you have a great team , Iam sure you will be proud about them . I never knew doing Geen Card was so easy at Immigration.com . Thanks to you and big thanks to your team . GoodLuck and I will be in touch . Best wishes !!! Ranjit 510-209-5379
Guestbook Entry for S Kenny , United States
Name
S Kenny
Country
United States
State
CT
Comment
I have got my H1-b visa transferred twice in tough situations through successful representation of my cases by Rajiv S Khanna Law Offices. They have a highly professional, experienced and knowledgable staff. Best thing about RSK is that they have the most current information about immigration laws and the personalized attention (irrespective of whether you are a big corporation or an individual). In my experience they quickly grasped the problem, finished the paperwork swiftly and presented it in a very favourable way, that too for a very nominal fee (yes, fraction of what others charge!). What amazed me was the paralegals working at RSK are very involved and intelligent, they made a very important suggestion (which I overlooked) and saved me money and trouble. Mr. Rajiv Khanna himself is great man, possesses the best expertise in this field at the same time very modest and helpful. Special thanks to Charu Bhagat and Rena Waddel for handling my case. RSK Offices are doing a great service by providing latest information through this site. I have nothing but praise for everyone working there. Nobody has a magic wand, but if you have a immigration case/problem then I suggest you should leave it to RSK Offices.
Guestbook Entry for Rajesh, United States
Name
Rajesh
Country
United States
State
NY
Comment
These comments are being independent of the outcome of my application which is presently under process.What definately needs mention is the kind of professionalism shown by Law Offices of Rajiv Khanna (with specific mention to Rena Waddell and Sirisha Durgam. Their handling of my case papers, taking sincere interest in the case and not just providing lip service, providing me the correct information promptly, and keeping me upto date with the status has been extremely praiseworthy.
Guestbook Entry for Shafqat Chowdhury, United States
Name
Shafqat Chowdhury
Country
United States
State
MD
Comment
I got my passport stamped for permanent residency a few days ago. It is very difficult to express my sincere gratitude to Mr. Rajiv Khanna and his team. They are very professional, efficient and very cooperative and extremely patient. I started my GC process on Aug, 2000 and it ended successfully on Aug, 2002. The entire process was handled very smoothly. One thing about Rajiv is he is approachable and treat you like a friend. That is a rare virtue among the lawyers. Also he returns any phone call and e-mail promptly [all my e-mail and phone was returned in less than 24 hours]. And his knowledge base in immigration realted stuff is amazingly deep, precise and up to date. My heartiest thanks to Rajiv. I also like to express my gratitude and thanks to Rajiv's team, specially Suman, Pooja, Homa, Shivani, Leila and of course Diane. Each of them are extremely efficient and knowledgable in their area. And they are as prompt and patient as Rajiv. I already refered Rajiv's law farm to many of my friends. Two of them are already a client. If you have any immigration needs, please contact the LEGEND, I know I will in future.Godspeed Rajiv and his team.
Guestbook Entry for Prakash Manglanathan, United States
Name
Prakash Manglanathan
Country
United States
State
VA
Comment
The service provided by the Attorney's office of Rajiv Khanna was most professional. My case was a bit complicated but the advice provided by the office helped me save a trip to India. Many thanks to Charu, Sirisha and Ursula!!!
Guestbook Entry for Rabindranath Mahadevan, United States
Name
Rabindranath Mahadevan
Country
United States
State
CA
Comment
Gentlemen/Ladies,It has been a pleasure to work with Mr. Khanna and his colleagues during process of my permanent residency. The task had been executed flawlessly and I am glad and thankful, that my colleague J. Murugavel (Chairman SysIndia.com)who recommended Mr. Khanna's office to proceed with my green card. I appreciate all the assistance and comfort extended during this process, especially during the company acquisition during Jan 2002. I especially thank the team member who worked with me for consistently being extremely prompt with his answers to my questions, and the willingness to go the extra mile to help me. Either me or my wife, will not hesitate to recommend Mr. Khanna's office to our friends or strangers for any sort of legal help they are looking for. I have lots of my colleagues from India and Sri Lanka, and the message had been already spread. Wishing you and your team a very bright future. Keep up the good work.Thanking you allRegards
Jan 27, 2024, Rajiv in QnA session on behalf of students, young professionals ( DUI Case)
Immigration.com
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 01, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Visa Bulletin For March 2024
Number 87
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Feb 10, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
PERM Processing Times (as of 1/31/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | January 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | March 2023 |
Agency
Green Card
Immigration Law
Recording for February 15, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
The path for an entrepreneur from STEM OPT or H-1B
Question details
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
FAQ Transcript
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
USCIS Forms Update
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card
Question details
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
FAQ Transcript
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
National Interest Waiver standards; AI list of critical and emerging technologies focus
Question details
Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?
FAQ Transcript
The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024. While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.
Blacklisted employer, F-1, H-1B, L-1 turned back at the airport
Question details
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
FAQ Transcript
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.
How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
Question details
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
FAQ Transcript
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
I thank Mr. Khanna, Suman Basin, Leila Lehman and Diane Lombardo for helping me through the Employment based Green Card processing. The best thing I like about the Law offices of Rajiv S. Khanna is that they are there when you need your questions answered. Efficient and very professional team.