Guestbook Entry for Sameer, United States
Name
Sameer
Country
United States
State
Texas
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Guestbook Entry for Mahesh, India
Name
Mahesh
Country
India
State
GA
Comment
I am thankful to Rajiv and team for their professional services rendered during the entire period of my GC processing. Their service and patience during year after year EAD & AP applications are commendable. Thanks to the entire well coordinated team Rajiv has for providing an excellent level of service. I have always recommended your services to my friends.
Special thanks to Rajiv to bring a great level of momentum in the 485 backlog reduction process. We all know how much effort Rajiv & his team members had put to build a better managed system from an unmanaged system.
Guestbook Entry for Omur Cinar Elci, MD, PhD , United States
Name
Omur Cinar Elci, MD, PhD
Country
United States
State
NC
Comment
THANK YOU Dr. MATHEW CHACKO!
Hey folks, if you are looking for a law firm with a solid professionalism and ethical dignity, call Rajiv Khanna's office. Last six years I have been repeatedly misguided by some (so called)immigration lawyers. Mathew Chacko is the first lawyer with a solid knowledge, ethical dignity, and warm personality, I come across in this country. I am surprised that he did not want any payment. Well, since I am not a citizen yet, I will do my best to find a way to do so I am starting to forward immigration.com to my friends. Thank you million times.
F1 visa stamped
Email
NRUSTAGI@GMAIL.COM
I start my experience first with a big thanks to Rajiv who helped us through the process of getting F1 visa stamped. Without his encouragement we would not have done it.
Nonimmigrant Visas
My experience in columbus, ohio
My timeline:
eb3, priority date June 2002
RFE on 485 for self March 2005, spouse a couple of weeks later.
Replied to RFE beginning of May. Received notice on June 8 that our case was transferred to Cincinnati, Ohio
Made infopass appointment to visit Columbus and was told that Cincinnati was the office that received files from the service center and that Cincinnati would forward the files to Columbus.
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My Experience in Columbus, Ohio
My timeline:
Eb3, priority date June 2002
RFE on 485 for self March 2005, spouse a couple of weeks later.
Replied to RFE beginning of May. Received notice on June 8 that our case was transferred to Cincinnati, Ohio
Made infopass appointment to visit Columbus and was told that Cincinnati was the office that received files from the service center and that Cincinnati would forward the files to Columbus.
Green Card
What happens if you overstay your I-94
Question details
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
FAQ Transcript
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
EB-2 green card process for Chinese born
Question details
How much time does the EB-2 green card process take for a Chinese born?
FAQ Transcript
For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.
Can you work on H-4 Visa?
Question details
Can you work on H-4 Visa?
FAQ Transcript
Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.
Layoffs - H-1B Visa Update
Question details
Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?
Question 2: Is it the right time to move to the USA from India on H-1B since one is beginning to hear a lot of layoffs took place in big MNCs?
FAQ Transcript
Answer 1: Do not travel until you get a job as you could have problems when you come back.
Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare industry) then you do not need to worry.
Traveling while H-1B and I-140 approved
Question details
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
FAQ Transcript
Absolutely no problem, you can travel.
H-1 visa stamping and Dropbox appointment
Question details
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
FAQ Transcript
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
Reentering with F-1 visa again
Question details
A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?
FAQ Transcript
Depends upon individual cases. Difficult to say.
U.S. Immigration work authorization act changes in 2023
Question details
Is there a possibility of getting approval for H-4 visa work authorization act this year?
FAQ Transcript
Nothing is going to happen on immigration this year.
Pending I-485 gives you the right to stay in the United States
Question details
My I-140 and I-485 is pending, my OPT has expired. Can I stay back in the U.S until I get my green card EAD ?
FAQ Transcript
Sure, because you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.
Visiting Canada on F-1 visa status
Question details
Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?
FAQ Transcript
If you are on F-1 status, you can definitely go to Canada.
F-1 change of status and H-4 expires
Question details
If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?
FAQ Transcript
No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.
L-1 Layoffs
Question details
If someone is on L-1 and got laid off, what are the alternatives?
FAQ Transcript
Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). This page covers what CIS can and cannot help with and how you can submit a request for case assistance with the office.
Recording for February 02, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia
Question details
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
FAQ Transcript
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
Extending Green Card while applying for naturalization
Question details
My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
My GC and my spouse’s GC have a expiration date of Sep-2023
My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all the documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, during the processing period my GC will expire.
Is it okay to apply for citizenship now and then around July start my renewal of GC? Are there a process to update GC info after a citizenship application is submitted and is in processing? Would any part of GC numbers change when I get renewed? Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.
FAQ Transcript
The situation has changed a couple of months back. Now the government says if you apply for naturalization even in the last month of your green card USCIS will send you a receipt that says your green card is extended for two years. With the receipt, you can work as well as travel.
Consequences of employer withdrawing I-485 Supplement J
Question details
Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)
- I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
- Will it be a right-away denial, RFE or USCIS will issue NOID?
- If USCIS issues RFE/NOID and the response date is after the 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?
FAQ Transcript
1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.
Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India
Question details
Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.
1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?
FAQ Transcript
- It is a very difficult question to answer.
- It is difficult for anybody to predict as it is all statistical and there are so many variations possible
I would highly recommend the services of Rajiv Khanna for any immigration issues. They were successfully able to process my green card even though I had stopped working for the sponsoring company for about a year.