Search
Guestbook Entry for Mark Kalmykov & Nataliy Yakovlev , United States
Guestbook Entry for MITESH V DESHPANDE , United States
I would like to thank the law offices of Rajiv S. Khanna for doing an outstanding job to help me get Labor Certification.
Here is what happened:
-My case was filed in feb 2008 under EB2
-Audit was sent on the 4th of March'08
- Response to the Audit was sent on 2nd April'08
- Labor was certified on 8th April'08.
I would specially like to thank Seema And Sheena for doing an outstanding job in preparing the appilication and the audit response letter. They were very polite and responded to all my queries promptly.
Also would like to thank Pramita in helping me out in the initial stages of process.
Thanks to Rajiv and his team for doing a terrific job.
Guestbook Entry for S Chatterjee , United States
I would like to thank Rajiv, Mathew, and Suman for their work on my case.
My 485 was denied and I had only 15 days to respond back or else I would have lost my EAD too! I came to know about Rajiv from a friend and emailed him right away, the same evening I got the denial letter. Next morning, Rajiv called me personally and collected all the details from me. At that time, he wasn't even sure if he is going to take the case or not. My 485 was based on family and I had done all the paper work myself. I had my initial interview 2 years back (in 2006) where I was asked to provide my original birth certificate within next 90 days. That was the only thing needed for approving my 485. I had sent my hospital issued birth certificate shortly after that. Since then I never heard back from USCIS. After a few info-pass appointments, I got a denial letter in Feb 2008.
The USCIS procedure mandates to send a letter of "Intend to deny" if the evidence they ask for (birth certificate in my case) is not satisfactory. I never got the intention letter. Instead, I got the denial!
The case was complicated but Rajiv took the time to research how to proceed and finally he suggested we appeal via form 290B (Motion to Reopen/ Reconsider). Mathew and Suman promptly created all necessary paperwork. I managed to get the municipality issued Birth Certificate and we files the Motion to Reopen within 10 days of receiving the denial letter. USCIS took a little over a month and approved my motion.
Now I just have to wait for my 485 to get approved. I was very pleased to find Rajiv and his team. I wish them all the best in the endeavor to help thousands of people with USCIS.
Guestbook Entry for Keyoor Gosalia , United States
Law offices of Rajiv S. Khanna has provided excellent service in getting my I-140 approved (EB1-OR) within a few months.
I have dealt with other law firms before and I have no hesitation in reserving the highest praise for the supporting staff and attorney Rajiv Khanna. Mr. Khanna has been very straightforward, understanding, committed,
and singularly knowledgeable.
Incredibly, he agreed to a consultation (where he reviewed my eligibility under this
category) even before I had hired his services !
EB1 has its own set of complex requirements for both the
candidate and the employer. I have been very impressed with the way Mr. Khanna could explain these and appeased the doubts/hesitation of my managers. I have found him to be very approachable, generous and always willing to help in just about every issue regarding my immigration and legal status in the US.
My case manager, Diane Lombardo, has been extremely patient, supportive and prompt in responding to my innumerable
queries. She was instrumental in preparing the petition very meticulously . Over the last several months I have
been amazed at her committment and helpfulness.
As I understand, EB1 cases are difficult and I believe Mr. Khanna and Diane Lombardo have used all their experience to handle this I-140 petition in the most professional and satisfactory manner.
Thank you very much to attorney Khanna and his team !
Guestbook Entry for Paul Lundy , United States
Many thanks to everybody for their patience, perseverance, and professionalism over the last 6 very long years. Sometimes I was about to give up, but this morning when I walked out of the DHS office, it's all been worth it.
Guestbook Entry for Neeraj, United States
Hi Rajiv ji,
I want to thank you and your maginificent team (Specially Prerna, Richa,Sheena, Mathew, Joseph ) for helping me see this day. You were my strong baiston of hope when I was down. You all helped me keep my morale up through this 5 year one month 4 days ordeal. No wonder you all are what you are :->. All of you are so special in your own way. So please accept my deep and sincere gratitude.
You and your team was very sensitive and responsive to my needs. And I appreciate that a lot.
Once again thanks to you all great folks!! Long live immigration.com !!!!
Thanks and Warm Regards,
Neeraj.
Guestbook Entry for Ramesh , United States
I think Law office of Rajiv S Khanna has done a very good job in answering the RFE. After the RFE was answered, I got the approval in 15days.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Can H-4/F-2 holders perform volunteer work?
The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
H-1 converting to H-4 and then (maybe) back again
I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .
Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.
While working she have been paying taxes regularly.
Pl let us know what needs to be done now:-
* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?
* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?
* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
L-1 - H-1 COS issues
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Can an unrelated Masters degree get me an EB2?
When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.
In fact there is no simple answer. Legally, there is nothing that requires that the degree must be in a related field. But, the employer needs to make sure, under penalty of perjury, that they do require a Master's degree, even if it is unrelated.
Does filing for any green card permit me to stay in USA?
I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
What to do if an I-140 gets rejected?
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
Do advanced degrees help in marriage-based green card?
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Consequences of DUI's on naturalization and green card
Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.
I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.
Now my questions are :
1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.
Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.
Your earliest reply will highly appreciated.
Let us look at the law for green cards and removal (deportation) first.
Remember the following GENERAL elements of the law (there is more to it).
Does lay-off affect natutralization?
I obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.
Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.
Now I have a part time job which is not related to the job that helped me get the green card.
It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.
Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?
Thank you very much for your help.
I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
Systematic Alien Verification for Entitlements Program (SAVE)
The SAVE Program provides a fast, secure and efficient verification service for federal, state and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived citizenship.
My wife and I got the I-485 approval in March 2008. We filed the I-140 & I-485 in February 2006. The LC PERM was done by Rajiv’s law firm too. The I-140 was approved in 4 months without any issues.
Mostly I dealt with Prerna Mehta and Jitesh Malik. Both provide me excellent help and support during the process. Malik called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly and providing correction/feed back immediately.
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 and I really appreciate all the help that you provided.
In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.