I am very greatful and obliged to Prerna, Mathew, Rajiv and his wonderful staff from bottom of my heart for being with us through this entire procedure.
Thanks is a very very small word to show our gratitude to you.
I got my I-140 approval in 1 day and I-485 approval in 6 months with no RFE's.
I proudly say that one of the best decisions we made was to choose Mr.Rajiv's firm for our immigration matters.
At the end of the day, that we were in safe hands and it worked out absolutely well.
It only happenned because of the excellent paperwork and guidance done by Prerna and Mathew.
Mathew and Prerna has always dealt us with patience and almost immediate prompt emails answering our indefinite questions
and provided comforting words, that they will take care. It was overwhelmingly good.
Several times,I was really AMAZED at how Mathew can respond to emails and phone calls in spite of his busy schedule in this busy month July.
I thank again Prerna from bottom of my heart for being my saviour through this entire process and making the experience very friendly.
I would recommend any one going through immigration process, to choose Mr.Rajiv and his team, for they are excellent in handling the cases, as well as very prompt and caring as they take up cases very personally and work through it, to set everything right. This would help the case to not reflect back with RFE's.
May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE.
Rajiv ji , you and your staff are the best of the best.
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:
How soon must I depart from the US?
What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?
Can I sell my house and withdraw the money before leaving the US?
If you are convicted, which implies involvement in a criminal case, you will be unable to leave the U.S. without serving your sentence. If you receive a jail term of six months, one year, or five years (or any other duration), you must complete that period before departing. The timeline for your departure depends on the current status of your case. It is not advisable to stay in the U.S. illegally, considering that you are already facing the worst outcome—a permanent ban from entering the U.S. Overstaying by an additional six or eight months would result in an additional bar of three to five years on top of the existing permanent ban of three to ten years. As for your assets, unless there is some form of asset forfeiture, you can take your money and sell your house before leaving.
I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.
Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?
If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?
It is recommended to maintain the H-1, H-4, L-1, L-2, etc., statuses because it provides an additional layer of protection in case of any government errors or complications with the I-485 situation. If, for any reason, the government mistakenly or intentionally targets your I-485 application, having an H-1B to fall back on can be advantageous. The H-1B status remains intact and offers continued benefits.
On the other hand, the EAD (Employment Authorization Document), unlike H-1B, grants you the freedom to choose whether to work, not work, work multiple jobs, or even start your own business. However, there are certain limitations to consider. Interestingly, the derivative beneficiary, which refers to your spouse, may have more rights under the EAD compared to your own. It's important to exercise caution and be mindful of these distinctions.
I would like to say a great thank you to Mr. Rajiv's team--Rita, Ursula, Sushila, Pramita, Roopa, and Suman, Mathew. I-140 has approved and waiting for I-485.