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.
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.
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.
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!!!
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
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 got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?
You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
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Release Date
USCIS announced today that it will automatically extend parole and employment authorization, if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
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.
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