Guestbook Entry for Ramachandra Yanamandra, United States
Name
Ramachandra Yanamandra
Country
United States
State
NJ
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Guestbook Entry for Gaytri Dani, United States
Name
Gaytri Dani
Country
United States
State
NJ
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I could not have got a better service with any other law offices. I had no problem and the advice I got was always timely, precise and correct. I had recommended my friends and family and they always got great advice from Mr. Khanna.Everybody in the office is always approachable and helpful. I still visit immigration.com regularly for various reasons and the effort that goes into keeping it up to date is really appreciated.
EAD and H-1 Conversions for Derivatives
Question details
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
Gap in Employment during AOS
Question details
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
PERM Through Relative Owned or Controlled Company
Question details
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
AOS Denial – Consequences for H-1
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Basic Criteria for Extraordinary Ability
Question details
What is the basic criteria for extraordinary ability?
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
I just got my H-1B renewed for a 7th Year through the Law offices of Rajiv S. Khanna. Rajiv, with whom, I had been corresponding on various issues pertaining to my greencard, H-1B, etc., is always accessible and extremely helpful. He is extremely prompt in responding to the email--usually in a few hours and sometimes almost instantaneous. His promptness had always helped to ease the anxiety levels. I will be always be grateful for that, THANK YOU RAJIV. I also would like to thank Richa Narang, Shivane Sharma for their work and time on my GC case. And, Anna Baker and Charu Bhagat for their time and work on my H-1B 7th Year extension. I had countless conversations with Richa, Shivane, and Anna. They are not only diligent and professional in the work they do, but more importantly all the three have a great human trait: EMPATHY. They are prompt in responding to emails and in keeping me informed of the status. My sincere thanks to all of you and keep up the good work. I have already recommended Law offices of Rajiv S. Khanna to several of my friends. And many are now his clients.