We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.
We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation.
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S.
In this case our client retained us to respond to a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2.
We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.
It was a very good experience working with Rajiv, whose office handled my green card application under Outstanding Researcher category. They did an excellent job in a very timely manner, and I got my I-140 followed by I-485 approval all within two and half years from LIN center. Thanks a lot to Diane, Prerna, and Suman.
I highly recommend them to anyone looking for immigration related services without any reservation.
A note: Prior to Rajiv I worked with a lawer representing my company and wasted lot of time.
Myself and my family got GC approved. My case had become bit complex due to my doctor's ignorance in preparing medical report properly.
Mr. Rajiv & his employees were very patient through the entire process and helped me through the approval process.
No need to say he is an expert in the Immigration & Naturalization affairs and best part of him I liked is: he is always reachable by email and also by telephone as and when needed without any waiting time!!!
Usually when we want to get some advice from an attorney or a doctor, first thing that comes to mind is they are not reachable without a formal appointment etc. Mr.Rajiv though he is so famous among immigration lawyers, he is still reachable at anytime as and when needed.
His employees were also very cordial and provided personal attention to my case.
In short, he saved my life here.
I would strongly refer him for any USCIS related work.
I have had a wonderful experience working with Rajiv and his team. I want to thank Anna Baker esp. for all her work.
If you are seeking for a some one to represent you I recommend Rajiv's firm with great enthusiasm.
Thanks Rajiv for being so kind and answering all my queries.
Best wishes and God's blessings on your firm.
J.E. Dodla
Published by: The Economic Times: November 03, 2021
Quotes and Excerpts from Rajiv in the article:
The proposed increase in H-1B filing fees reflect another stab at the already injured H-1B process, said Rajiv S Khanna, managing attorney at immigration.com.
Published by: The Economic Times - Date: November 02, 2021
Synopsis
Many green card holders have been constrained to stay outside the USA continuously for one year and more. Under normal circumstances, that is considered to be an abandonment of the permanent resident status, your green card. What can you do about this now?
For more on this article please see the attachment below.
Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.
Published by: The Economic Times: March 30, 2023
https://economictimes.indiatimes.com/tech/technology/us-court-dismisses…
Quotes and Excerpts from Rajiv in the article:
The challenge to the validity of H-4 EAD program was dismissed by court. #immigration #H4EAD
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.
Release Date
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.
I got my H1B visa approval recently and I have got my stamping date in May. My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months) I go to India for stamping and get laid off before getting my visa stamped (Can I come back to the US with 60 days left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)
This is a pertinent question. I don't think you should go for visa stamping if you have been laid off. If you do go, you should make it clear to the consulate that you have been laid off. However, under the law, you have a 60-day grace period during which you intend to apply for another job. I don't think it's going to work like that. I don't remember the details of the regulation off the top of my head, but I think there might be some restrictions against travel.
An offer letter is not good enough just to get the H-1B approval. Then, I don't think there's a problem with traveling.
Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?
You should talk to an employment lawyer.
Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
---|---|---|---|
Cumulative total of all completions | 88.20% | 932 | |
I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 5 |
I-129F | Petition for Fiancée | 91.67% | 12 |
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | July 2022 |
Discussion Topics:
It was a nice experience. The application was filed in a timely manner. The USCIS did not request any RFE and bottom line is that the lawyers got the work done.
Thank You Joy.