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
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.
Number 10
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.
Implementation of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8, 2009.
The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.
For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.
I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.
Now we are very much concerned that what will happen to my H1 and her H4?
1) Since she has F1, will it affect H1/H4 processing?
2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same?
3) Is it possible to have F1 and H4 both together at the same time?
4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?
1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.
2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.
3. Generally speaking, no.
CBP issued Fact Sheet offering guidance on automatic revalidation for F-1, J-1 and M-1 nonimmigrants. Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).
For Fact Sheet please check the attachment.
I had a question about the H4 extension for my daughters.
My H1B visa is stamped until 10/05/2009 for my earlier employer A,when my current employer B transferred my H1B the new NOA had a validity date of May 2010.
My daughters have a valid H4 visa until May 2010
When I returned back from a visit to India back to the US the official at the Port of entry stamped our I-94 until the expiry of the H1B visa for Emp A for oct '2009 for the whole family.
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