Guestbook Entry for S Kenny , United States
Name
S Kenny
Country
United States
State
CT
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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 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!!!
Continuing Employment-Based Green Card While Moving Outside the USA
Question details
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
Questions<br>
1. If Priority date becomes current during my stay in Canada then what are my options.<br>
2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
FAQ 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.
Status Expiring During the Pendency of an H-1B extension
Question details
1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.
1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?
FAQ 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.
Jan 10, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Substantial transcription for video
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
What to do When the 240 Days H-1B Work Authorization is Expiring?
Question details
My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>
1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
FAQ 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.
Jan 24, 2019, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?
USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.
DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program
Final Rule Effective Beginning April 1, 2019
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.