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.
This bulletin summarizes the availability of immigrant numbers during May 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.
The US State Department has made the following announcement today regarding the phased resumption of visa services.
Release Date
USCIS confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses.
In 2019, USCIS changed the form rejection criteria for:
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Hi Vijay, Thank you so much for guiding me throughout the PERM and i140 process. You have taken utmost care during the entire process starting from filling my LCA to PERM approval. Thank you for following up on a regular basis. It is a pleasure working with you and your law firm.
Hi Suman, Thank you so much for your valuable advice
With best regards
Partha Manchala ANG Infotech LLC.
Date: 06/02/2008
Time: 2:00 PM
Place: USCIS office, Callowhill St. Philadelphia PA
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
This issue has come up several times. Here is what USCIS says:
USCIS Considerations to expedite Cases
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.
Published by: The Times of India - Date: April 28, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI, “Business entities make plans based on consistency and predictability – not being able to rely on the availability of professional workers was not conducive to business nor to non-citizen workers.”
Published by: The Times of India - Date: April 17, 2021
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - Date: April 28, 2021
Synopsis
New or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online.
For more on this article please see the attachment below.
What is the basic criteria for extraordinary ability?
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Number 83
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November 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.
Discussion Topics:
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
11/03/2022 09:50 AM EDT
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.