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Guestbook Entry for Srikrishna, United States

18 years ago By Chief Editor
Name
Srikrishna
Country
United States
State
Texas
Comment

I started my relationship with Rajiv and team from 2000. They were with me all the time from 2000 to 2006 for whole journey of 6 years in my green card processing.

Half way through my company changed its name forced to start all over again and then went with the many hick ups due to my employer ( a start up company) going up and down. Rajiv team was with me to help me to resolve the issues. Finally my green card is approved after 4 EAD extensions. Thanks for the advice and constant help from Rajiv's team. I could have lost this battle long back with out your help. Once again Thanks for making it happen

Guestbook Entry for Navin Gunalan, United States

18 years ago By Chief Editor
Name
Navin Gunalan
Country
United States
State
Virginia
Comment

I am doing my GC through your offices. In fact most of our employees from my company are doing their GC through your company. I was the first one and have referred quite a bit of my colleagues because they are well organized and well responsive the 2 main things that we can control, rest are controlled by USCIS. Good team of people and Vijay Durgam has helped me through this tough process and has been a great case manager for me. So did Anna Baker who has helped me with H1B related things though my H1B is not processed through Rajiv's office, they have always helped me. Great show team. Thanks to Rajiv and Team.

Guestbook Entry for Murali Pathy, United States

18 years ago By Chief Editor
Name
Murali Pathy
Country
United States
State
Maryland
Comment

Few years back I entrusted my GC processing with Mr. Rajiv Khanna. The professionalism and prompt support extended by the entire team was so very impressive. This lead me file the GC’s of my employees when I started my software consulting firm. Over the years I have see the professionalism and focused attention each case is getting increase. Last week we filed PERM for another employee and support Seema and Amrita gave is really commendable

Guestbook Entry for Ishtmeet Singh, United States

18 years ago By Chief Editor
Name
Ishtmeet Singh
Country
United States
State
OR
Comment

This firm takes client service to the next level. Rajiv's firm worked with me the first time for an H1B 3 years back. I had a great experience that time.
They have done it again this time for my Labor cert. Amrita and Seema worked on PERM with me and Amrita called me on a SATURDAY to inform me of the approval. Only 2 days after the filing! They pay attention to every detail and know their stuff.
Thank you Amrita, Seema and everyone at Mr. Khanna's office.

Guestbook Entry for Jim Chundevalel , United States

18 years ago By Chief Editor
Name
Jim Chundevalel
Country
United States
State
VA
Comment

Just came to know from the USCIS website that our I485 petitions have been approved and cards have been ordered. I want to thank each and every member of your firm who were with me through this long road that took 4 years and 7 months to travel . My sincere thanks to Richa Narang, Helen Anchillo, Kumuda Prasad, Attorney Jitesh Mallik and Attorney Mathew Chacko for handling various stages of our application process in the most efficient and professional ways possible. We call ourselves permanent residents today only because of the help and guidance that you provided and we sincerely appreciate your services. Specifically I would like to mention the promptness and efficiency that was shown by the team in responding to the I-140 RFE. During this past 5 years, there was never an email or a phone call that went unanswered from your office. That really shows how professional you are as a team.

My sincere thanks to you Mr. Khanna, for all the help and guidance that you
gave us through out the application process. You were always ready to answer all my questions (whether GC related or not) and I really appreciate all the help that you provided.

Jan 27, 2024, Rajiv in QnA session on behalf of students, young professionals ( DUI Case)

1 year ago By Chief Editor

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Nonimmigrant Visas

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Visa Bulletin For March 2024

1 year ago By Chief Editor

Number 87
Volume X
Washington, D.C

View as Printer Friendly PDF

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.

Agency

Green Card

Immigration Law

Recording for February 15, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

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

The path for an entrepreneur from STEM OPT or H-1B

1 year ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

 

FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

1 year ago By Chief Editor
Question details

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?

FAQ Transcript

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.

National Interest Waiver standards; AI list of critical and emerging technologies focus

1 year ago By Chief Editor
Question details

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?

FAQ Transcript

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.

 

Blacklisted employer, F-1, H-1B, L-1 turned back at the airport

1 year ago By Chief Editor
Question details

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?

FAQ Transcript

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.

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