[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)] [Rules and Regulations] [Pages 51247-51254] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2014-20516] DEPARTMENT OF STATE 22 CFR Part 22 [Public Notice: 8850] RIN 1400-AD47 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates--Visa and Citizenship Services Fee Changes AGENCY: Department of State. ACTION: Interim final rule.
My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish
This link below shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
http://www.immigration.com/processing-times-status-checks/aao-processin…
It was a delightful experience working with Rajiv Khanna's law office and specifically Diane. who is very competent, knowledgeable, experienced, patient and prompt in responding to my questions
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
Note: Where transcribed from audio/video, 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.
DataStaff, Inc. is a proud client of Mr. Rajiv S. Khanna. We have received invaluable assistance from Rajiv and his team. They make you feel like family. When we have a question big or small, they take the time to answer. There has NEVER been a time when I felt like I wasn't on the top of their list, even though I know they are super busy with cases from other clients who trust them. We trust them implicitly...from the front desk (Angela & Heather) to our H-1 A-Team...Anna & Judi...to Green Card Gurus (Heather R. & Art S.) we have always received EXEMPLARY service. Then there is Rajiv who is so sharp and too funny! It's weird to say that you miss your attorney's office when things are going smoothly, but we do. This is an AWESOME firm and we always recommend anyone who is not getting outstanding results to call and talk to our immigration attorneys - Law Offices of Rajiv S. Khanna, PC!! Thanks Team!