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.
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.
How much time does the EB-2 green card process take for a Chinese born?
For the Chinese born, it is getting more difficult. It is definitely longer for people who are born in India and shorter for China born so far as of this month.
Can you work on H-4 Visa?
Not without an employment authorization which comes only at a certain level of maturity of your spouse's green card.
Question 1: The company has laid off the employee but have put them on payroll until March 2023. In this case, can the employee travel internationally and will he be able to re-enter the USA?
Question 2: Is it the right time to move to the USA from India on H-1B since one is beginning to hear a lot of layoffs took place in big MNCs?
Answer 1: Do not travel until you get a job as you could have problems when you come back.
Answer 2. : If you are working for a big MNC then you need to think about it. But if you are working for a smaller company or a company that is not affected by the layoffs (example the healthcare industry) then you do not need to worry.
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
Absolutely no problem, you can travel.
I have Dropbox appointment in India and going alone. My husband has a valid I-797A but an expired visa. Will that affect my stamping?
I do not know. It depends upon which way they are feeling on the day you go. Earlier there was no problem but now in some cases they have insisted you must have an H-1 visa stamp.
A friend of mine went to the U.S. on F1 last year but due to some personal problems she came back home but she wants to go to the U.S again this year to a different university. Will there be a problem to get F1 again?
Depends upon individual cases. Difficult to say.
Is there a possibility of getting approval for H-4 visa work authorization act this year?
Nothing is going to happen on immigration this year.
My I-140 and I-485 is pending, my OPT has expired. Can I stay back in the U.S until I get my green card EAD ?
Sure, because you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.
Can I visit Canada with a valid F-1 Visa or do I need to take another visa ?
If you are on F-1 status, you can definitely go to Canada.
If I were to file for F-1 but my H-4 was going to expire would I have to file for an H-4 extension?
No. So if within the life of your H-4 you apply for F-1 change of status and if the H-4 expires that's fine. By the way, H-4 allows you to go to school. As soon as you file for the F-1 you should be able to continue going to school. Also check with your DSO.
If someone is on L-1 and got laid off, what are the alternatives?
Pretty much the same as H-1. 60 days grace period and if you still cannot find a job, leave the country or convert to student status if you want to go to school or B-1/B-2 if you want to just wait it out and look for jobs.
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS). This page covers what CIS can and cannot help with and how you can submit a request for case assistance with the office.
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?
Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.
It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.
Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.
My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
My GC and my spouse’s GC have a expiration date of Sep-2023
My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all the documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, during the processing period my GC will expire.
Is it okay to apply for citizenship now and then around July start my renewal of GC? Are there a process to update GC info after a citizenship application is submitted and is in processing? Would any part of GC numbers change when I get renewed? Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.
The situation has changed a couple of months back. Now the government says if you apply for naturalization even in the last month of your green card USCIS will send you a receipt that says your green card is extended for two years. With the receipt, you can work as well as travel.
Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)
1. It is not required by the law.
2. Probably a NOID and if USCIS wants to be nice to you they will send you an RFE giving you more time.
3. If USCIS issues an RFE you have to wait 180 days from the date of filing and after that you should be able to submit any employers I-485 Supplement J.
Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.
1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?
Question 1: If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems? - Is it required to withdraw all approved H-1B transfer petitions in that case? What is the validity of H-1B transfer approval?
Question 2: I am currently working for Company “A” on an L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India. Company “B” filed my new H1B.
My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared with me the approval copy only on 29th Dec 2022. I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025. Will my work authorization status in the US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calendar days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?
Answer 1. Under the immigration law, there is no risk. You have a choice to work with the new employer and also continue working with the old employer.
Just because a second H-1B is approved, it does not mean your old H-1B is revoked, canceled or overruled. They both continue to be in force, but you have to choose one or the other.
Answer 2. Technically, you have violated your status. You should go get your H-1B visa stamping and come back. That is all you have to do.
As for the time limit you are already working without status. Your L-1 is over when you get a change of status. So the earlier you resign the better you are.
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