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.
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.
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?
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.
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?
Release Date
Federal Register Notice Published Today Announces Nationwide Trial
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?
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.
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?
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?
Number 73
Volume X
Washington, D.C
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.
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.
Processing Queue | Priority Date |
---|---|
Analyst Review | March 2022 |
Audit Review | January 2022 |
Reconsideration Request to the CO | May 2022 |
USCIS recently updated the following form(s):
Form AR-11, Alien’s Change of Address Card
11/02/2022 04:03 PM EDT
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)
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?
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.
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?
Currently we got H-1 and H-4 approved from Sept 2022 -2025. I am on H- and having difficulties in getting dates for visa. My wife on H-4 was able to book a date. If she goes with both the approvals and I am in US and my H-1 is not stamped. Will there be a problem for her in getting her visa stamped?
Consulates have been inconsistent. Many times, they do not stamp an H-4 visa unless the H-1B visa has been stamped. It may be best to email and confirm with the consulate where you are going.
Hi Rajiv Sir, I am on H-1B visa. But I was laid off. Due to some personal reasons, I need to go to India for 6 months. Can I apply for a job from India? And will the visa still be valid for obtaining work in the US?
You can apply for a job from anywhere. If you are offered a position, you can start working remotely while the new employer applies for your H-1B transfer.
I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?
What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?
As per the regulations dated 17, January 2017 the moment your I-140 is approved the priority date is your property not the employers. Therefore even if the I-140 is revoked the same day and if it was approved, that priority date is yours to keep. You can take it across to any employer. If you go to another employer and if yours is a labor cert based case being filed you have to redo the PERM and the I-140 but you will carry the old priority date which is a big advantage.
In addition to your priority date, if the I-140 remains approved for 180 days, you can continue to extend your H-1B with any employer after six years. They cannot take that right away even if they revoke your I-140.
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