Mr. Khanna's firm and specifically my case manager Mr. Vijay Durgam helped me with the process to obtain Labor certification for EB2 category under PERM process. I am sure they will continue the good work all the way to getting my Green Card.
I have got my H1B extenstion approved for 3 years after my 6th year H1B period in 7 days using the approved I-140 petition. I had my last 3 H1B extensions processed through Mr.Khanna's office and Ursula Escoto prepared the forms three times PERFECTLY and NO RFEs. Thanks SO MUCH to Ursula Escoto. I am greatly pleased with Rajiv and Ursula as far as their professionalism, courtesy and promptness regarding my immigration. THANKS A LOT URSULA...
Release Date
Public will have access to immediate, clear answers on case processing times
Published by: Gadgets Now by TOI: May 06, 2022
Quotes and Excerpts from Rajiv in the article:
However, immigration lawyers pointed out that this would be useful only for as long as your status was valid. "For most of the H-4 holders who file for these extensions, their status is expiring at the same time as their EAD, and they would not benefit from this," said Rajiv S Khanna, Managing Partner at immigration.com.
For more on this news please see the attachment.
Number 66
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during June 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.
Processing Queue | Priority Date |
---|---|
Analyst Review | October 2021 |
Audit Review | August 2021 |
Reconsideration Request to the CO | December 2021 |
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
YouTube: http://www.youtube.com/immigrationdotcom
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
We are grateful to Mr.Rajiv Khanna ji , Kalpana ji and the team that worked on our son's fiancée's K-1 Visa .
The support and guidance through the process was very professional. They worked directly with my son and his fiancée who joins him next week as she received her Visa successfully. They were gracious enough to work with us patiently and help us through our mistakes while giving them the required information to file his case.
We would recommend them to anyone who needs help with Immigration. They are definitely experts and they work with you on your issues and the end result is a positive one. Our experience working with them was very pleasant and positive.
Thank you Rajivji and Kalpanaji
The attorneys were very patient and helpful throughout my K-1 visa journey right from the start of filling forms, gathering evidence of relationship till the visa interview. The whole process took more than 15 months because of COVID. Mr. Rajiv Khanna and Ms. Kalpana Panuganti answered all my queries and gave me confidence throughout the journey. The wait was worth it at the end and it wouldn’t have gone as smoothly without the guidance of this firm! Thank you for patiently guiding us through it all!
Please see the attached graphic for O-1A visas for people who possess extraordinary ability in the
You can right-click and open the image in a new tab on your browser.
Hello Sir, I was in usa on j1 till recently and am in india going for h4 visa interview for the first time in June based on my spouse h1 (she has valid i797 and expired visa). She is now traveling to india next week due to family related issues and has to book visa dropbox slot and got one in October. Can I attend the interview in June while she is in india and waiting for her visa dropbox slot which is in October? Thank you very much.
I am not aware of any law that prohibits attending H-4 visa stamping before H-1 visa stamping. Your spouse has an H-1B approval. But the consulate can ask you to wait till the H-1B visa approval. Email the consulate to check how they would want you to approach this.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I have an approved I-797 from my current employer. I am currently in India with a H1B Visa expired in 2018 (I travelled to US in Feb '17 and stayed till June '17) from my previous employer. While scheduling an appointment for a visa interview for me, my wife and my 2 year old toddler, it was shown that we are eligible for VISA interview waiver. My wife has an Expired H4 VISA in 2018, so she was also eligible for dropbox. My question is, will my toddler have any problem with getting a H4 since he doesn't have any VISA stamped in his passport, if we schedule the same dropbox date as neither me nor my wife has a valid VISA? should I book my appointment first and after I get my VISA should I book one for my wife and toddler ? Please advise as I do not want to risk a H4 rejection for my toddler
Check the website of the US consulate where you're going for the procedures. To the best of my remembrance, children under 14 are not required to be interviewed.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Hi Sir, I have the H1B Extension approved and its valid till 03/2025. However, the H4 extension is still pending for my wife and son. I heard, even though the H4 extension is pending and H1 Extension is approved, dependents can get the stamping by referring to H1 Extension approval. Could you please clarify and if this is fine; let me know the process. Note: For personal reasons; my Wife and Son need to travel to India in June and they are planning to come back in October (Current stamping is valid 22nd Oct 2022)
H-4 visa stamping does not require any H-4 approval from the USCIS. The H-4 visa is approved based upon the H-1B approval.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
Discussion Topics, May 12, 2022
Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.
When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
Hi,
Mine is a long story and will write-up the story in detail when I get a chance. I'm still hoping to see the light at the end of the tunnel. Eventhough, it was Unfortunate that my first labor certificate was denied (for some reasons!!!) which changed my entire career plans (and also changed a lot on the way to file PERM petition after that...) Thanks for Subha and Roopa for their efforts to get my second PERM labor certificate approved in 20 days. So I'm still having little hope with the direction I'm heading towards. I appreciate Rajiv for his courteous nature.
Regards,
Manju