I would strongly recommend Rajiv Khanna for immigration related services.
I worked with Prerna and few others for my green card and I'm very happy with her service.
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,
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
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.
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
I got excellent advice from Rajiv for my problem of wanting to go back to school after having filed for my green card. The whole team was very efficient with handling my sufficient request for H1B transfer so I can go to school while working on an H1 visa.
Great work and many thanks!
Rita and Suman ji have been very prompt and helpful with my Green Card process. I got my I 140 approved last week! The team at Law Offices of Rajiv S. Khanna is the best.
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.
I am very satisfied the way my case was handled by Mr. Rajiv Khanna. I specially want to thank Anna and Francesca for their effort and availability whenever I had issue with any paper format or so.
I will definitely have you(Mr. Rajiv Khanna) process any of my future legal issues.
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.
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.
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.
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.
Thank you Mr Khanna for providing such a spectacular service in assisiting and making me understand in detail about the issues related to F1 and GC process. Thank you.God bless!!
I had scheduled Citizenship interview at 8:10 A.M. today, i went in around 7:20 A.M. and there were around 10 people before me. I had to wait for 10 mins and my name was called by the IO. The IO took me to his office and told me to raise my right hand and asked me that i am telling all but truth.
I travelled from Colorado Springs and it takes about an hour and 15 minutes to reach the Denver USCIS. I reached the USCIS office at 5:50am
WASHINGTON—Today the formal public comment period closes for U.S. Citizenship and Immigration Services’ (USCIS) Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives rule. The proposed rule, published in the Federal Register on April 2, 2012, proposes a new filing process for certain immediate relatives of U.S. Citizens (i.e.
Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM.
Educational qualifications: Diploma + AMIE + M.Tech
Experience: 7 Years exp. post M.tech from previous employer and 5 years from current employer. Does this can be classified under EB-2 for the above job requirement keeping AMIE degree in view? Would it be any issue during I140 regarding the education?
The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.
I work under the EC (Employer-Client) model. I went for visa stamping at Hyderabad, India and my case was put under 221(g) administrative processing. On April 18th, I got an e-mail from Consulate stating that based on the information provided during visa interview my nonimmigrant visa case has been refused and the petition has been returned to USCIS for re-evaluation. The consulate would wait for the judgment from USCIS on weather or not the petition should be reaffirmed. Is there anything I could do to ensure that my case gets reaffirmed and expedite the process from USCIS?
You will need to wait (or start another H-1). The employer will receive from USCIS an intent to revoke. They will then have 30 days to respond. Based upon the response, USCIS will affirm or revoke. This process can easily take 3-6 months.
My mom had applied for my green card in March 2001 and the date became current in Nov 2008 which is when I received a letter asking me to confirm the address and to pay the fee of 400$. But unfortunately I got married in Dec 2008 thus didn’t pay that amount as I wont be eligible to do so. I am in USA right now on E3 visa and my dad has become a citizen, not my mom. My question to you is can I adjust the status to a green card or will I have to wait for my mom to become a citizen.
As far as I know, there is no way to transfer the priority date over from your mom's to your dad's petition. He can, of course, start another case for you.
I am a US citizen and I filed I-130 & I-485 for my mother to gain her permanent resident. She's in the United States as well as my little sister who is under 18. Would my little sister get her status upgrade as well because of her age? Or do I have to file separately for her?
You will have to file separately. Your mother can also file once she gets her green card. But note that your sister will not have any status in USA during the multiple years her green card application would be pending.
Hello, everyone. This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.
I wanted to talk with you folks about requirements for naturalization for people who get their Green Card based upon employment and then have to stay outside USA for a certain period time. Many of the criteria here are common to people who have obtained their Green Card through any other method such as through marriage or through political asylum. Pretty much, it is the same law. But I want to focus primarily on people who have gotten an employment-based Green Card, because those are the inquires I receive the most and I don’t want to miss anything, because N-470 typically does not apply to people in non-employment situations, except for missionaries. I’ll get to that in a second.
So, first of all, let’s look at the requirements for somebody to get naturalized in USA. What are the normal requirements?
Right here. You must have received your Green Card approval five years ago. Actually, it is a little bit more complicated than that. You can apply 90 days before your 5th year anniversary of Green Card. In case you got your Green Card through marriage, then it is three years, when you are married to a US citizen. After that, you must have stayed in USA for at least 30 months physically. 2 ½ years. Half the time. You should not have visited outside USA for a year or more. If you go outside USA for a year, your Green Card is gone. It’s difficult to get it back. Not impossible, but what you will have to do if you end up staying for a year or more outside USA is, you will have to go to the consulate and convince them that you have not abandoned your US permanent residence, your Green Card, and you can do that by a process called SB-1 (Returning Resident Permit). I’m not going to go into that in too much detail, but just to give you an idea. If you are outside USA for one year or more, for naturalization purposes, you have to start your five years all over again, except in the following two circumstances, I-131 and N-470, which are these. I’ll get to that in a second as well.
So, physical presence of 2 ½ years, no visit outside USA for a year or more, any visit outside USA for six months or more but less than one year, you have to explain. Why were you gone that long? So this is for people who have not filed these special forms called I-131 and N-470. I also want to make a quick note about I-131 and N-470.
What is I-131?
It’s the same form you used for filing for Advanced Parole when you are in need of Advanced Parole during your Adjustment of Status. It’s also the same form used for protecting your Green Card through a process called Reentry Permit. So you use your 1-131 to apply for a Reentry Permit, which is typically given for two years at one go, and you can get that extended, depending on the circumstances. Basically, the I-131 tells the government, “Look. I am not abandoning my permanent residence. I am just going outside temporarily.” Once you file the I-131, things change for naturalization purposes.
Did you stay outside USA for one year continuously?
If you did, ordinarily, if you had not filed I-131, you would have to start five years all over again, if you have not lost your Green Card. You could have even lost your Green Card. But, if you had filed your I-131, you don’t lose your Green Card, and you also get a respite of one year. When you come back, you have to establish your US residence for four years and one day instead of five years and apply after you have accumulated physical presence in USA for 2 ½ years. It gives you one year off from those five years. That’s an added advantage of I-131. It protects your Green Card as much as humanly possible. There’s more to it. I would always advise you to talk with a lawyer before you take any steps of going outside USA for an extended period of time. It also shortens the time of five years that you would have to otherwise accumulate for naturalization.
Did you stay outside USA for one year continuously after I-131?
If the answer is no, then these same requirements that apply to normal people will apply to you. Physical presence of 30 months, no visit outside USA for a year or more, six months or more will have to be explained.
Then comes N-470.
N-470 is one of those tricky strange forms. It’s applicable to a certain group of people. I would strongly encourage you to read up on the instructions on N-470. They’re pretty informative.
The way this works is, if you’re going to work for a US company abroad and, again, I am talking about employment context. There are other reasons N-470 can be filed. Read the instructions. What N-470 does is it allows you to stay outside USA for a year or more and not have a break that will restart your five years all over again. Let me explain. Let’s say I file I-131 and N-470. I do it together. Usually, in most cases, we do both forms together. When you file I-131 and N-470 together, let’s say you stayed outside USA for 1 ½ years. Normally, when you come back, you have to start that five-year period all over again, because you were outside USA for one year or, in case of I-131, you have to start the four year, one day period all over again. But N-470 says, “We forgive your stay outside USA for one year or more for naturalization purposes. We don’t forgive your requirement of 30 months of physical presence.” But it stops the discontinuity that would normally restart the five-year clock or the four year, one day clock after having stayed outside USA for one year. It is a clock-stopping device. It is a very good device. One problem though. N-470 has one strange requirement. You must have at least one year anywhere during your stay in USA as a Green Card holder where you did not travel outside USA for even for one day. Makes no sense to me. I don’t know why it is there, but it’s there. Go figure, but keep that in mind.
I hope this has been informative. I had told one of our posters. Somebody had posted a comment on immigration.com wanting to know more about this. And I told him that I’ll record something, but I’ve had some technical issues. They’re working on our website developing some new material that will make it easier for us to post our videos. I hope to be doing this a lot more, and I’ll continue to do so.
Thank you for being here. I hope to speak with you very soon.
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.