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!
USCIS Publishes Revised Form G-28 and Extends Grace Period for Prior Versions
USCIS has published a revised version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives that had been added to the 05/05/16 and 05/23/18 versions of the form.
Can I Join My Old Employer If The H-1B Transfer Is Denied?
Question details
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>
1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?
Video Transcript:
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.
Green Card Based Upon Investment – EB-5
Question details
I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.
Watch the Video on this FAQ: Green card based upon investment – EB-5
Video Transcript:
When you are doing an investment based green card first of all you have to look at these moving parts:
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.
Effect On Green Card And Naturalization Of Using Public Or Government Benefits
Question details
I & my wife are completing 5 years now on US Green Card, but are apprehensive to go ahead and file for our US Citizenship under the current circumstances. We also read that PR's who are using state or federal benefits are more susceptible to denials. I am making close to 200K salary and not dependent on any govt sponsored benefits or funds. But our kid has been diagnosed for Autism and he is receiving services from Department of Developmental Disabilities (DDD). The State alone is not paying for his services but we are primarily being billed on our private medical insurance for his therapy sessions every week. The school he is attending may be getting some funds for his additional care at school, considering his medical condition. Our questions are: Since we have been using DDD services for genuine medical reasons and I am in the higher salary bracket, would this be an issue for us in getting our Citizenship? Are the denials only for low income groups who are getting benefits from the government? Should we wait for some more time to apply for Citizenship?
Video Transcript:
Under the current regulations the prohibited benefits are:
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.
Proposed I-912 Fee Waiver Form Revision
USCIS is proposing to revise our Form I-912, Request for Fee Waiver, to remove the receipt of means-tested benefits from the eligibility criteria. A means-tested benefit is a public benefit where eligibility for the benefit, the amount of the benefit, or both, is based on an individual’s income level.
F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
Chart for all Employment - Based I-485 Pending Inventory
| DATE | Chart for all Employment - Based I-485 Pending Inventory |
| July, 2018 |
Agency
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Can H-4/F-2 holders perform volunteer work?
The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
H-1 converting to H-4 and then (maybe) back again
Question details
I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .
Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.
While working she have been paying taxes regularly.
Pl let us know what needs to be done now:-
* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?
* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?
* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
L-1 - H-1 COS issues
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Can an unrelated Masters degree get me an EB2?
Question details
When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.
In fact there is no simple answer. Legally, there is nothing that requires that the degree must be in a related field. But, the employer needs to make sure, under penalty of perjury, that they do require a Master's degree, even if it is unrelated.
Does filing for any green card permit me to stay in USA?
Question details
I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
What to do if an I-140 gets rejected?
Question details
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
Do advanced degrees help in marriage-based green card?
Question details
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Consequences of DUI's on naturalization and green card
Question details
Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.
I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.
Now my questions are :
1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.
Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.
Your earliest reply will highly appreciated.
Let us look at the law for green cards and removal (deportation) first.
Remember the following GENERAL elements of the law (there is more to it).
Does lay-off affect natutralization?
Question details
I obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.
Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.
Now I have a part time job which is not related to the job that helped me get the green card.
It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.
Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?
Thank you very much for your help.
I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.
Guestbook Entry for Satya Harish, United States
Name
Satya Harish
Country
United States
State
OH
Comment
Mr Khanna provided great advice regarding my petition as it was complicated. We had to apply for an amendment while current H1B extension was pending. Mr Khanna made all the right arguments and we were able to get an approval. All along the process I've been working with Kalpana and Bharathi on regular basis and had calls scheduled with Mr Khanna when needed. They were very detailed and current in terms of documentation.
I would like to thank them once again and highly recommend "Law Office of Rajiv S. Khanna".
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.