Guestbook Entry for Meena , United States
Name
Meena
Country
United States
State
VA
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Guestbook Entry for Alex O, United States
Name
Alex O
Country
United States
State
FL
Comment
The Law Office of Mr. Khanna is well established in the immigration field and offers excellent services. Their website is a great database regarding the immigration matters.
Special thanks to Ms. Richa Narang and Ms. Prerna Mehta who thoroughly prepared my documents and were always available for answering my questions .
I got my H1B and also GC under PERM.
The entire GC process took less than two years and went smoothly.
Guestbook Entry for Mani Daks , United States
Name
Mani Daks
Country
United States
State
VA
Comment
I am very thankful to the staff at Mr. Khanna's office, especially Mathews and Rita. From beginning to end, they were very prompt, co-operative, and very thorough in documents. We used a labor substitution and the entire process went really quick, with no big hassles.
Working for two companies on EAD
Question details
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
Working abroad while AOS pending
Question details
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
Implications of the 240 days grace period
Question details
I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Covid Coronavirus loss of job while in AOS I-485 period
Question details
What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically? Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS Resumes Premium Processing for Certain Petitions
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month.
USCIS Begins Implementing New Interactive Voice Response Telephone System
USCIS is introducing a new interactive voice response (IVR) telephone system today for English and Spanish calls to the USCIS Contact Center. The new IVR system personalizes the caller’s experience by giving the caller the ability to:
USCIS Publishes Interim Final Rule Implementing the Northern Mariana Islands U.S. Workforce Act of 2018
Rule creates new requirements for CNMI employers to protect U.S. workers
DHS Offers Flexibilities to Increase Food Security, Stabilize U.S. Supply Chain During COVID-19
WASHINGTON—The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S.
Military Personnel and Veterans Can Now File Their Form N-400, Naturalization Application, Online
WASHINGTON — U.S. Citizenship and Immigration Services today announced that U.S. service members and veterans can now file Form N-400, Application for Naturalization, online.
USCIS Extends Flexibility for Responding to Agency Requests
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30 to assist applicants and petitioners who are responding to certain:
Effect of immigration proclamation/executive order on green cards
Question details
I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
B-1/B-2 visitors visa extension
Question details
My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
May 14, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Substantial transcription for video
FAQs:
- Covid Coronavirus: H-B during Covid, H-1B not sure if I am laid off, LCA/H-1B amendments, and travel during H-1B
- H-1B start own business or invest
- Promotion after getting the green card
- Extraordinary circumstance EAD
- Extension of tourist stay during Covid
- H-1B delayed entry
May 28, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 28 May 2020:
FAQ: Applying for I-485 through a past employer or through a new employer || L-1A moving back to home country with green card pending || Can green card be applied for an old job under the international manager EB1C category? || Applying for naturalization/citizenship under Trump administration || Effect on H-1B of working from outside the USA || Laid off while green card is pending
Other: Porting priority date from EB-2 two EB-1C as international manager || J-1 gap in status/O-1 visa || H-1 RFE converting to H-4 || Amendment or extension timing || Nunc pro tunc or consular processing of H-1B || H-4 extensions || OPT and CPT times || International adoption procedures || F-1 student working in the USA for a foreign company, etc.
Guestbook Entry for Chins Chinnasamy, United States
Name
Chins Chinnasamy
Country
United States
State
Massachusetts
Comment
My family did receive the green card through the extra ordinary ability (EB1) category. We have no words to say for the inspiring, exciting and excellent work done by Rajiv and Diane through the entire process. It took just about 8 months to receive the green card. In each and every step, we met many times through the conference calls with Rajiv and Diane and they explained the process clearly and precisely. Of course, we felt always that someone from our own family guiding us in the entire GC process.
I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues at any time. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. I really wondered sometimes that how Rajiv and Diane find time to respond quickly for an individual in addition to deal with the other clients. Dear Rajiv and Diane, our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.
Compensation for H-1 lay off
Question details
My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
Guestbook Entry for Ramamurty changalvala, United States
Name
Ramamurty changalvala
Country
United States
State
North Carolina
Comment
I am really glad to have Rajiv as my attorney. It really helped me to get my card within 9 months. Diane is extremely fast and made my job very easy.
DOS Publishes Revised J-1 Visa Exchange Visitor Skills List
Reference Document: STATE 057336, 06/09
TO ALL DIPLOMATIC AND CONSULAR POSTS
1. The revised 2009 J-1 visa Exchange Visitor Skills List was published in the Federal Register (Volume 74, Number 82) on April 30, 2009.
2. The new Skills List is effective on June 28, 2009.
USCIS Reopens Fiscal Year 2009 H-2B Petition Filing Period
U.S. Citizenship and Immigration Services (USCIS) reopened the fiscal year 2009 H-2B petition filing period and will immediately accept new H-2B petitions. Although on Jan. 7, 2009, USCIS announced it accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000, the Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted.
ICE Announces Major Reforms to Immigration Detention System
U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced that ICE is undertaking a major overhaul of the agency's immigration detention system.
"This change marks an important step in our ongoing efforts to enforce immigration laws smartly and effectively," said Department of Homeland Security Secretary Janet Napolitano. "We are improving detention center management to prioritize health, safety and uniformity among our facilities while ensuring security, efficiency and fiscal responsibility."
Guestbook Entry for Div Patel, United States
Name
Div Patel
Country
United States
State
PA
Comment
I applied for my Initial H1-B Extension .I was scared as the USCIS was asking too many questions abiut the project,codes and othe evidences as I also received an RFE for my case. But I really want to thank Rajiv Khanna and his staff at the non-immigrant office who was very calm and prepared a point - to -point response and also Rajiv personally reviews all the responses sent to the USCIS. So my case was approved yesterday and I really appreciate thier work.
I want to thank the Law Offices of Rajiv S. Khanna for their excellent work with my H-4 petition. Mine was a difficult petition but the office prepared all my paper work within a week and I received my approval in 3 months. I also want to thank my case manager Ursula for her thorough work with my case.