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Guestbook Entry for Jayanthan Padinjaredath , United States

16 years ago By Editor
Name
Jayanthan Padinjaredath
Country
United States
State
NJ
Comment

Vijay Durgham guided us with the labor certification process very professionally. Though our organization was new to the process, he showed a lot of patience and expertise in successfully completing this for us.

There have been many instances where his colleagues have assisted me in matters not quite related to this process either.

A big thanks to him and his team.

Guestbook Entry for Srinivas , United States

16 years ago By Editor
Name
Srinivas
Country
United States
Comment

Good job by Vijay Durgam! The labor was certification was pretty quick. Just took us about 2 months to get certified. We had an extremely busy schedule when we applied for the LC and did not have enough time to go over the paper work and other stuff.
Vijay thoroughly prepared the documentation and provided us with just the right information we needed.
Thanks,

Guestbook Entry for Shivanand Baswannappa , United States

16 years ago By Editor
Name
Shivanand Baswannappa
Country
United States
State
Texas
Comment

Excellent and Timely job by Aruna, Prerna & Bhrathi And Timely & Accurate advice by "The Big" Mathew. We got our anxiety put to rest in respect of our daughter's college admission with pending GC. last night we got our "card production ordered" email from CRIS. Today we are truly global residents with Indian background, New Zealand citizenship and now PR of United States. Thanks to R Khanna and his incredible staff and ofcourse my employer Multivision Inc. who have supported throughout the GC process going beyond the business.

Shiva B &
Family

Guestbook Entry for Sundar , United States

16 years ago By Editor
Name
Sundar
Country
United States
State
MD
Comment

We got our green card with guidence and help of Rajiv,Tarun,Mathew and others. I appreciate their professionalism, promptness regarding my GC. It has been a long journey from Jan 2004 when my labor was filed. I want to convey my sincere thanks to TARUN he filed my I140 and I485. Tarun is very prompt in response,very helpful and very patient in answering all my questions.
Law Office of Rajiv S. Khanna is best immigration firm. I strongly recommend the "Law Offices of Rajiv Khanna" to my friends and family.

Guestbook Entry for Shanmugadevi , United States

16 years ago By Editor
Name
Shanmugadevi
Country
United States
State
IL
Comment

My company did the right thing by getting Rajiv Kanna's office to work with GC,Just want to share my experience with you all.

I got my RFE for I 140 on the May 23 rd and Tarun Sharma promtely directed me to sheena gill without any time delay and From that time I was really amazed by sheena responded to my RFE and the extra mile she went on each aspect for my case and the Rfe was filed on the June'18 th and I got my I 140 approved on the June'20 th.I am really glad that my company choose Rajiv's firm and I am very thankfull to all of his staff.Looking fwd to work with you all in the future.

Regards

shanmugadevi

Guestbook Entry for Shashi , United States

16 years ago By Editor
Name
Shashi
Country
United States
Comment

My I-140 was denied because of some issues with educational evaluation (B.Sc(Tech) equivalence to B.E) that was done with my first H1. We worked closely with Rajiv ji and Sheena ji in getting the issue resolved. We filed an appeal notice with a new detailed educational evaluation and got the I-140 approval with in 15-20 days. My I-485 that was also denied was also returned to pending status. I was very happy with the whole experience and the way the issue was handled and resolved.

I would like to thank Sheena ji and Rajiv ji for the pleasant and swift way the appeal process was handled.

EAD and H-1 Conversions for Derivatives

16 years ago By Chief Editor
Question details

I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.

Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.

Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.

 

Gap in Employment during AOS

16 years ago By Chief Editor
Question details

My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:

Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.

Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.

PERM Through Relative Owned or Controlled Company

16 years ago By Chief Editor
Question details

Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?

The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.

AOS Denial – Consequences for H-1

16 years ago By Chief Editor

Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.

Working for two companies on EAD

15 years ago By Chief Editor
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

15 years ago By Chief Editor
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.

Guestbook Entry for Chins Chinnasamy, United States

15 years ago By Anonymous (not verified)
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

15 years ago By Chief Editor
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.

USCIS Reopens Fiscal Year 2009 H-2B Petition Filing Period

15 years ago By Editor

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

15 years ago By Editor

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."

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