I am quite satisfied with the quality of legal services I received from this law firm and would recommend this firm to anyone seeking legal services for immigration related matters.
The team members of Law offices of Rajiv S.Khanna have done a very good job in getting my green card processing (in a very short span). They are very prompt and professional. I would highly recommend them for any kind of GC processings.
Frequently Asked Questions e-filing using USCIS ELIS
Q1: What is USCIS ELIS?
A1: USCIS ELIS is a secure web-based system that allows immigration benefit seekers and their legal representatives to create an account and file benefit requests online.
I will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.
My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting my Green Card.
USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests that there may be a delay or damage to the package, the petitioner may file a second H-1B petition with a new fee payment and the following:
U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
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This bulletin summarizes the availability of immigrant numbers during May.
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus
check from ABC Company. Since, I was not on their payroll they issued me a 1099
misc form for tax purposes for this tax year. My understanding is H-1B employee
can file only W-2 form with current employee. If I file my tax with this 1099 misc
form from ABC Company? Am I violating the H-1B rules?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
PERM Processing Times (as of 4/16/2015)
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.
1. Can I apply for H-4-EAD on May 26 2015 even if my H-4 COS is still pending ? Or I will have to wait till it get approved ?<br>
2. My employer already filed my PERM and they are OK to come back with them on H-4 EAD. Can I apply for I-140 after H-4 EAD is approved ?
Is it ok if I will stay on H-4 EAD to continue processing of my GC ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=809
FAQ Transcript:
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