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.
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.
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 !
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.
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.
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.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ: What is the path for an entrepreneur from STEM OPT or H-1B?
Number 87
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
Processing Queue | Priority Date |
---|---|
Analyst Review | January 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | March 2023 |
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
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?
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.
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
02/26/2024 08:35 AM EST
Edition Date: 02/26/24. Starting April 26, 2024, USCIS will only accept the 02/26/24 edition. Until then, you can also use the 11/03/22 E and 11/03/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
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?
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.
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?
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.
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?
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.
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
I graduated in May 2023. I'm currently working with an NGO and looking for a job. USCIS sent me my EAD with the wrong photo (typographical error) in August '23. I sent it back with the correct photo, and they sent me another EAD with the wrong photo in January '24. I also made a case to the Ombudsman, but they weren't able to assist me. Can I apply for a new EAD? (I've passed the 60 days after graduation period)
or should I use the EAD that's already there with me (with the wrong photo)?
or I can wait until EAD renewal and get EAD again How should I approach this situation?
You can continue working legally despite the EAD photo error.
Apply for a replacement EAD with a fee waiver due to the government error.
Explore the "receipt rule" for potential work authorization while waiting.
Contact USCIS to explain the situation and request expedited processing.
Remember, this isn't legal advice, and consulting an immigration attorney is crucial for the most suitable course of action.
Number 91
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during July 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.
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | August 2023 |
Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again
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.