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Guestbook Entry for Senthil Sambandam , United States

17 years ago By Editor
Name
Senthil Sambandam
Country
United States
State
NY
Comment

I am happy to inform my dependents received their green cards last week. Mine is also approved. We had filed under EB1-OR category. Thanks to the excellent team with Rajiv's office and in particular Diane Lombardo for preparing all our petitions with high quality. Rajiv was available to me anytime I had a question. I really recommend this law firm for anyone in immigration process beacsue of their quality work and infact lower legal fees.

Guestbook Entry for SAMIR SHAH, United States

21 years ago By Editor
Name
SAMIR SHAH
Country
United States
State
OH
Comment

Finally day has come. Our passport has been stamped at Cleveland OH on 03/20/2003. This was real long and painful journey but Mr. Rajiv Khanna and his team made it REAL SIMPLE and PLEASANT. The whole GC process started in October 2000 when I called Mr Khanna. I talked with Richa Narang as she started paper work for LABOUR certification. She gave me very valuable tip on how to put my resume online and how to post advertisement in local news paper. Once my Labour was filed I talked with Puja and ask her to start my I140 paper work. I had real trouble in getting financial statement from my company. Puja and Mr Khanna helped me big time by convincing my company. Puja did great job and my paper work was ready before my Labour was done and she filed my I140 same day I got my Labour. That resulted in saving of atleast 1 month. Puja was so good in communication and responding my emails and phone calls I asked her to prepare my I485 documents. She gave me Diane Lombardo's phone number. I talked with Diane and she prepared my I485 documents. Diane is best person you can ever get for I485. She has always replied my emails within 2-3 hours even on weekends. Service she provided was so EXCELLENT that one can only dream of getting these kind of service from any attorney's office. Documentation all these team provided was so good there was no scope of any RFE. I have seen my friends still suffering from mistakes from their attorneys in preparing documents. They started process before me and they are still waiting. I talked with Leila so many times for my status check, finger printing, RFE response. She was always fast in comunicating back. Always happy to respond and most imp available on phone when you call. Another very important person from start to finish, Suman Bhasin. I have talked to her so many times during entire process. Always very polite and highly respectable. She gave me solution to every problem I had. Finally when my case was approved call from Homa on what should I do till I get my Citizenship. Lastly Mr. Khanna for all the help. He always gave me solution to every question, gave me best possible advice on chossing right path for entire process like R/R VS NON R/R. Consular processing VS I485 filing. Every piece of advice and service he gave was best any attorney can give. I don't even have words to thank all of you. You all helped like one big family members. Your team is best in the world for immigration matters. Your team provides warm fussy feeling to all those Indians who come so far after leaving their country and family. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. I will highly recommand Mr. Rajiv Khanna and his team to all of you. Thanks SAMIR SHAH

USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants

2 years ago By Chief Editor

Release Date 

Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.

2 years ago By Chief Editor
Question details

Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.

1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?

2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?

3. How long will it take to get a conditional green card? How about non-conditional?

4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.

5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

 

FAQ Transcript

1. Not only should there be an investment that investment should be needed to set up that business.

2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you  will be able to create ten American jobs. You have about four years to create American jobs.

3.  You can actually look those times up. 

4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible

5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.

 

Can a new employer file I-485 using an old employer's I-140?

2 years ago By Chief Editor
Question details

My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.

Questions:

1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?

2)  Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?

 

FAQ Transcript
  1. When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.  
  2. I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time. 

 

Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

2 years ago By Chief Editor 2 comments
Question details

I  had filed for my parent's green card in July' 2022. It is concurrent filing.

The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.   

The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

Will I need to withdraw the I-130 petitions that I had filed for them ?

Will this impact their existing B-2 (visitor) visa? Will it still be valid?

 

FAQ Transcript

1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.

2. If they leave before November 30th their visitor visa should not be affected.

Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

2 years ago By Chief Editor
Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.

Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

2 years ago By Chief Editor
Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the remainder option and I see no problem there.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.

Visa Bulletin For January 2023

2 years ago By Chief Editor

Number 73
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Options for Nonimmigrant Workers Following Termination of Employment

2 years ago By Chief Editor

Release Date 

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

2 years ago By Chief Editor
Question details

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

 

FAQ Transcript

That is  not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you  merely because they don't have a project.

 

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