This memorandum establishes U.S. Immigration and Customs Enforcement (ICE) policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOlR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings. This policy outlines a framework for ICE to request expedited adjudication ofan application or petition for an alien in removal proceedings that is pending before U.S.
I received my labor approval in just 2 months this Aug. I am happy that I went with Mr. Rajiv S.Khanna for labor certification. I must mention here that the paperwork done here has been perfect and I had no RFE's and I am confident that with such perfection & highly skilled team they will be able to get my Green Card much faster & with no RFE's. I found the staff in his office in general and with a special mention of Mr.Vijay Durgam and Mathew Chacko very co-operative. Mr.Vijay thank you for your timely replies and detail explaination for all my questions . Thanks to Rajiv shaab and his staff for making people like me happy.I will definetly tell people who are looking for GC to choose Mr.Rajivs firm because they are the best !!!!!!!
Form I-192: Application for Advance Permission to Enter as a Non-Immigrant
Form I-824: Application for Action on an Approved Application or Petition
I got my labor certification approved a few days ago. Mr. Khanna's office did a wonderful job gathering all the details and working with my company to get it done. The process was very smooth and my employer was really happy with the response time from Mr. Khanna's office. Special thanks to Richa for patiently answering all the questions and filing the petition on-time and accurately. She is a true professional and a great resource of information to all new applicants. Thank you once again! I would definitely recommend Mr. Khanna to all my friends for all their Visa needs!
A great big heartfelt thanks to the Law Offices of Rajiv Khanna. After much waiting I finally got my green card approved. It has been an excruciating 3 year wait since I filed my I485 and during these years every time I had a doubt with what I can or cannot do and with any travel related questions, I have had great support from the Law Office. A special thanks to Mathew Chacko and Prerna , whom I have been in touch with primarily over the past years. Mr Mathew Chacko's speedy response amidst his busy schedule is commendable and much appreciated. A big heartfelt thanks again and I am sure I will only think of this law office for all my legal needs.
I and my husband received our GC on Aug 20, 2010. This whole process took almost 4 yr and 8 months. We are thankful to Rajiv Khanna and his team for constant support and guidance. Their paper work was excellent and team was very accomodating. Thanks for excellent work and support. Dolly and Rajiv Chavan
I am currently in the U.S. with B2 visa. Can a company that intents to hire me, apply for a work permit on my behalf and change my status while I am in the U.S.?
You can, but it is almost never a good idea to convert from a B to a longer term visa. Please discuss the consequences with your lawyers.
In a month I will have lived in the US for one year as PR. My company is sending me to do some work for them overseas.
1. Do I have to eligible for naturalization FIRST before I file N-470? Or is this just for any LP who have lived in the US for an uninterrupted year?
2. Can I file it while I am overseas?
3. Can I file when I come back having lived outside the US for less than a Year?
4. Can I file the application and leave BEFORE I hear back from USCIS?
5. What should my employer write in the supporting documents?
6. What makes my company an American corporation/firm?
1. No, you do not have to be eligible for naturalization.
2. No, you have to file while in USA.
3. No.
4. Yes.
5 and 6 require a lawyer to look over your company's details.
Published by: Light Reading - Date: July 31, 2003
H.R. 6080 has been passed and is expected to be signed by the President today, 13 August 2010. This Bill raises The H-1B and L-1 application filing fees (fraud prevention and detection) by $2,000 for companies with 50 or more employees in USA if more than 50% of the employees are on H/L status. The fees are to be effective upon enactment (when the President signs and USCIS can implement) and will end on September 30, 2014.
The Bill states:
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Number 87
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March 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.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Processing Queue | Priority Date |
---|---|
Analyst Review | January 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | March 2023 |
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?
2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?
3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?
There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.
1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?
2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?
3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?
4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?
5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?
Owning more than 50% of a company makes obtaining an H-1B visa difficult under current regulations. This is because the H-1B is for employees receiving a base salary, and owning a majority share raises doubts about a genuine employer-employee relationship. While regulations easing this restriction are pending, they haven't been finalized yet.
However, if you're a minority partner with your brother holding the majority and the job aligns with your field, securing an H-1B (concurrent or full-time) may be possible. Unfortunately, getting a green card through this company wouldn't be feasible due to your ownership. Consider exploring the EB-1A green card category, which recognizes individuals with exceptional ability in their field and doesn't require employer sponsorship.
Can having an MS in STEM degree with an AI focus and an intention to create a high impact with it for the US along with a plan for it, be enough for NIW? Or would more qualifications typically be needed even at the current stage?
The full impact of working with emerging and critical technologies on National Interest Waiver (NIW) applications remains unclear, with potential new regulations expected by April 2024. While there's a presumption that these technologies align with national interest, you must go beyond that. Highlight the national or non-local impact of the specific work you do – whether it's responsible AI development or ensuring AI transparency. Emphasize how your work extends benefits beyond a single company, as this is essential for a successful NIW application.
My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also, he has applied for an OPT extension, which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on the 9th of January. He was traveling from India to the States on the 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the company sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?
Being turned away at a US airport or port of entry can have significant consequences. Here's what you need to know:
Voluntary Withdrawal: If you choose to withdraw your application for admission, you avoid a 5-year entry ban but may have limited options when seeking to re-enter the US in the future.
Refusal of Admission: This comes with a 5-year ban on re-entry. In some cases, you may be able to apply for a waiver.
Fraudulent Employers: Involvement with any employer who engages in fraudulent activities can lead to a permanent ban on entering the US. It's incredibly difficult to get a waiver in these circumstances.
To avoid these situations:
Be Aware: Stay informed about potentially fraudulent employers. Universities may alert you if they suspect issues.
Consult an Attorney: If you've worked for an employer you now believe to be fraudulent, immediately consult an immigration lawyer. Your level of involvement and when you leave the employer will have a significant impact on your potential liability.
Important Note: There are currently no known successful lawsuits against fraudulent employers in these types of situations.
Law Office of Rajiv S. Khanna did an excellent job and have provided his expertise on my green card case. It was a long journey for 6 years and from the day one I have received an excellent service on all walks and folds on my case. I would like to thank Mathew Chakow and Prerna for their excellent work and very high patience in repling all kinds of queries. I would like to extend my thanks to Rajiv Khanna who have also taken atmost care and provided his guidance in critical situations. Thank you all the members of Law Office for their efforts and extended support in my journey.