I want to thank Pramita for her good work. I really appreciate the level of service you have provided to me during last 4 months of LC filing . I am also amazed with the fast and accurate quality of commucation provided to my all queries by you.
I hope I will continue to get same level of service for next steps from Rajiv Khnana law Office.
I was in a difficult situation with a missing labor certificate, pending I-140 due to that and fighting with DOL, Mr.Khanna's office did an excellent job especially Mr.Jitesh dealt it through every possible opportunity and finally got it resolved by taking it through lawsuit against DOL. This shows that their experience counts while dealing with typical cases and troublesome situations. There has been a great communication through email on every step and effort to get this resolved. I personally thank Mr.Khanna, Suman, Rita, Amrita, others that have got involved and Jitesh.
I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didnt have much time to get through my visa process. But Mr. Khanna & his team adviced me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.
very helpful
I have been using the services of The Law Office of Rajiv Khanna for a while now. Labor certification in my case was recently approved, following conversion to RIR. The window for conducting recruitment and preparing the package was small, only 4 months. In addition, I was away for a month on vacation during this time. However, with my employer's and Vijay's help, I was able to complete the recruitment process on time. Vijay was very patient and professional dealing with my employer and me, despite some delays at my end.
In spite of the fact that my case was closed mistakenly by backlog center, Rajiv Khanna's team were great in communicating with backlog center and was successful to reopen my case. Finally my labor got certified. My special thanks to Vijay and Mathew for working on my case and handling my frustration patiently, responding to me every time I had questions. Even when I had to consult Mr Rajiv Khanna, he was available to talk personally with no extra cost with his expert suggestions. I am really grateful to each and everyone at your office.
I honestly feel the fee we pay is nothing when you compare to the services we get from Rajiv Khanna’s office.
I sincerely suggest you folks better spend little more money and be in safe and experienced hands like Rajiv Khanna. Its all worth while. Immigration is a long and complicated process and you need expert suggestions all the way till the end and I don’t think anyone will handle better than this folks.
If you don’t believe me, Check yourself, you even get a free phone consultation from Mr Rajiv Khanna where as others charge you big time per hour….
Thanks again!
I am very much impressed with the professionalism of Richa Narang, one of Mr Khanna's staffers. She was very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I used the services of Mr Khanna's firm to file for Green Card through labor certification (EB2 Non-RIR) in Oct' 2003. In Jan' 2007 the Department of Labor came back asking us to convert non-RIR to a RIR application. Mr Khanna's firm supported me with documentation, news paper ad details and answers to lots of my queries. The RIR application was mailed on 03/29/2007 and I received a notice from US Department of Labor on 04/26/2007 that my labor has been Certified. I really appreciate the hard work put in my Richa Narang and her team. Hopefully the rest of GC process would be quick. I highly recommend Mr.Khanna's office and staff for all immigration purposes. Keep up the good work. Thanks
I would like to sincerely thank Rajiv S. Khanna and his team for doing a great job. I got my Perm Labor and I140 cleared in a very short period of time.
I would specially like to thank Mathew Chacko, Pramita Shidhore and Rita Dhakal who were very helpful to answer all my queries and the professionalism with which they handled my case.
Looking forward to filing my I485.
I am really really thankful of Mr. Khanna and his team [Mr. Jitesh Malik, Anna Baker....] for working diligently in my case. I didn't have much time to get through my visa process. But Mr. Khanna & his team advised me properly and worked step by step with me and my employer & kept me on the same page.
I wish good luck to Mr. Khanna & his team.
Release Date
Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March
Number 99
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
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
We primarily have questions on relocation to India and possibilities.
My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.
However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?
We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However, we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?
If you plan to relocate to India with a green card before obtaining U.S. citizenship, it can significantly complicate the naturalization process. To apply for U.S. citizenship, you must meet physical presence requirements: at least 2.5 years in the U.S. over the last five years and no single absence of a year or more. If you stay outside the U.S. for over six months but less than a year, you may need to provide an explanation.
A re-entry permit (Form I-131) allows you to stay outside the U.S. for up to two years without losing your green card, but it does not help with citizenship requirements. Form N-470 can protect your eligibility in limited cases, such as working for a U.S. company’s foreign branch, but it does not guarantee naturalization.
If you stay abroad for more than a year, you will likely need to restart your five-year residency requirement (or four years and one day if a re-entry permit was used). While re-entry permits can be renewed in certain cases, they do not protect your citizenship timeline.
Best advice: Obtain U.S. citizenship first and then relocate, as naturalized citizens can live abroad indefinitely without affecting their status. Please consult your lawyer regarding this.
I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.
On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.
On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.
However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
If you applied for a change of status (COS) while still in valid status—such as H-1B plus the 60-day grace period—you are not considered out of status while your application is pending. In this case, since you applied for H-4 within the grace period, the period between May (filing date) and December (approval date) is classified as an authorized period of stay, meaning it does not count as unlawful presence.
Even though the approval date is later, you are not subject to the three-year bar because you remained legally in the U.S. while the petition was pending. There are no negative implications for your status.
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?
Yes, an H-1B holder can start a company while maintaining a full-time job, but there are key conditions:
While legally possible, the process is complex and must be carefully structured to meet all H-1B regulations.
It was quick and no issues.
I want to thank Pramita, for her work accuracy and prompt communication, because of which i recieve LC Approval soon. I hope to complete other steps sooner.
thanks,
Rama Rao