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Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.
Today I had my interview conducted, and passport stamped as the final result. I finally can draw a closure for this 27-month-long journey. Honestly and surprisingly, I was extremely calm when I arrived USCIS office 4 am today. I was reading one of my favorite authors' (Ann Quindlen) bestseller " One True Thing" while I was waiting in the waiting room so concentratedly that when my name was called, I realized that my eyes were full of tears (yeah, the story's very touching and real. ) Anyway, here's my detail report to all of you who are still waiting:
Dear All,
I want to inform the full story of my GC Episode. I am writing this on Sep-22-2004.
I was planning to apply for my GC during 2001 March. I was visiting many Attorneys office personally in Houston and through phone. I found out that, Attorney Rajiv S.Khanna was collecting the decent fees among all.
Then I checked his reputation. It was amazing. So, I contacted him through email.
Within 24 hours, with free of cost he talked to me. Listened my case and suggested me to apply through EB1 (OR).
I chosen him and his office gave me case number and opened a file for me. Then they assigned me to interact with one of Attorney’s Associates Ms.Diane D Lombardo. A Wonderful lady.
She walked through with me for the entire case (around 3 years). I could have asked at least 100 questions in my full three years, because my case was getting complicated. I lost my Job before I140 approval. I am a software engineer, so it is not a surprise for me. But, INS cannot understand that. I thought I lost my GC almost. But, Diane in continuous consultations with Attorney Rajiv rescued me from the deep problem. My sincere thanks to her.
Next Thankful person is Mathew Chaco. He also one of Attorney’s Associates. Great Person. Free to approach and also fast in responses. When my Finger Printing was not raised by INS. I approached him. He arranged for a talk to INS from Attorney office immediately. Within 30 days I got FP from INS. While many of my contemporary GC candidates are yet to get FP, I got it because of him and my GC also approved within 2 months after FP.
Next thankful Person is Ms.Suman. Over all supervisor. She talked to me several occasions. She is always to the point. If you approach for any issues. She will inform you the time for the reply. Exactly within the mentioned time (after the discussion with Attorney Rajiv or some times she arranged Attorney to talk to me) she will always reply with the possible positive answer.
All these questions I raised with them are free. Because I am a client for them.
Their office people also having excellent hospitality. Polite in answering and approachable.
BASED ON MY OWN EXPERIENCE, ATTORNEY RAJIV AND HIS ASSOCIATES ARE THE BEST LAWYER FOR IMMIGRATION RELATED PURPOSE IN USA.
Email me if you have any questions.
Good Luck.
Thanks to all the wonderful professional staff at Rajiv's Offices. The entire experience from getting a L1 visa to a GC approval within 24 months was awesome. I really appreciated the personal attention and constant updates on status. I also want to highlight the superior service Savita Krishnamurthy extended, many times going beyond the call of duty. You people are A1.
This is to announce to everyone that Offices of Rajiv Khanna extended their service without sparing any efforts to get my green card approved. I was extremely happy with their service and I'm more than willing to answer what I went through and how Rajiv helped me out.. Thanks.. Ram
Thanks for helping me getting my green card. Spacial thanks to Shivani Sharma, Liela Lehman, Sri, Diano Lambardo, Mathew Chacko and Vijay Durgam. Every body did good job in preparing paper work which helped me getting green card earlier than others.
I am working with Rajiv's office for over a year now. Staff is extremely professional and very prompt. I would highly recommend the firm.
My wife and I received our GC approval notices and got stamps on our passports on August 31, 2004. We are thankful to Mr. Khanna and his team for getting our GC approved. The whole GC process was not smooth but Mr. Khanna was very helpful all along. Whenever we wanted to talk to him for the problems we faced throughout the GC processing, he was always kind enough to spend his valuable time to discuss with us about our case. And finally after three years of struggle we have had happy ending. Again, we would like to thank Mr. Khanna and his staff especially Diane for the good job they have done for our GC process.
Rajiv, Sirisha, and Anna,
I am extremely happy to inform you that my father's visitor visa has been approved. I just heard from my parents and wanted to share my joy with you. Thanks to all your efforts and the valuable advice of the law
offices, I and my wife are now in a position to enjoy some much-needed family time. The whole process took my parents 9 months and 4 visits to the consulate and finally it is over. It is not known if the approval
is for 6 months or 10 years at this time.
Sirisha, I am greatly thankful to you for working with me closely and professionally looking at every minute detail of this case. You're simply
awesome.
Appreciate all the efforts of the Law Offices of Rajiv Khanna.
Very thorough, extremely efficient, you get the job done, and are patient with regard to questions. All in all, a very smooth process of getting a difficult H-1 application approved
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.
I really appreciate Mr. Rajiv, Kalpana, and their team for their work. They handled my case with utmost care and very professionally and did regular follow up with USCIS for the case status. They were always there to answer my questions and clarified them with almost details. I would highly recommend them if you have any immigration issues.