Hi Rajeev, Vijay, Aruna , Prerna, Bharathi ,
Got Green Card last week(08/200. Although it was a long journey , all of you have made it a pleasant one. I always got a good support , help and information from you .It was flawless service. I highly recommend your services to all.
My wife and I recently got our citizenship case approved. Our case was a fairly complicated case because we were out of the country for 2 years after getting our GC and had returned since then. While every other lawyer we enquired they asked us to wait for 5 years since our return, immigration.com was able to sort our case and file for it much earlier using the 4yr - 1 day rule. I was amazed at the responsiveness from the team at immigration.com. Every time I had a question, they would respond within 24 hours or less and definitely understood the laws surrounding citizenship approval. My special thanks to Mr. Chacko and Mr. Art Shifflett who handled our cases.
You all are the best. I got my GC approved in 08/2008. I would like to thank everyone at your firm for all the help and support in this long journey. One thing that stands out compared other firms is your customer service. The staff at your firm are epitome of customer service. You guys rock. Keep up the good work.
I had applied for an L1-A for start-up in 2007 August. Rajiv and his staff put all their efforts to make sure that the petition was correct and all the required supportive documentation was there. L1-A was approved in a span of 4 days from application and I got it for a period of one year, which is the normal case, that the Law Office had notified well in advance. Though the responsibilities of Rajiv was over with that application, he put extra efforts in detailing out the steps required in the coming year before going for the renewal so that I will be able to get it renewed.
He told me that getting the first L1-A is relatively easier compared to the renewal where in they thoroughly scrutinize the documents. He also detailed each activities I should fulfill based on my application for going for the renewal in 2008. However, I had to wait for 3 months in Chennai to get the appointment for Visa stamping. So all I had was 9 months of working time to fulfill these steps.
I came to U.S in November 2007 and contacted Rajiv. He gave me an abridged list of key things to be done in 9 months for the renewal. I worked according to the plan and we started the L1-A renewal process in July 2008 end. Vikas from the L1 department was meticulous in preparing this application. He gave me a list of documents required and he put lot of time to go through each one of these documents, provide suggestions to make it better etc. Over a period of 4 weeks work, we had a comprehensive petition in place.
The Law Offices of Rajiv send the petition on 21st August. It reached the USCIS on August 22nd 2008. They started processing on 25th August since 23&24 was Sat & Sunday. My renewal was approved on 25th August itself and the approval notice was sent on the very same day. Notice of Action (I-797) and (I-94) reached the Law Office on the next day, August 26th itself. It was unbelievably fast because the petition application was done perfectly.
What more do you want from an immigration attorney; he delivers what he says plus he takes the right steps to guide you to the next step. And can you believe, he is already advising me on the next steps to be taken in business path. I vouch for Rajivji and his staff and I recommend them for anybody who want to go to the best attorney in Immigration. Thanks once again Rajivji, Anna & Vikas for making this possible.
We are delighted to share that my wife and me both got the green card in the mail.
Once again thanks a zillion times from bottom of our hearts for Rajiv and his teams support and help during this long and painful process.Initially our case was handled by various other team members but lately our case was assigned to Mathew and Rita.I would like to sincerely thank Mathew,Rita and Pramita (our earlier case manager) for their support and help.All the team members were professional, courteous,prompt,patiently answered all our questions and helpful which makes ton of a difference.We didn't get an even single RFE.
May god bless you all for doing such an excellent job.Keep up the good work.
Our case was filed in August 2004 in EB2 category.Later it was transferred to Dallas BackLog Center.After 3 years in 2007 our first stage(Labor) was approved and just in time for July'07 fiasco filing.Rajiv asked us to be prepare with all the documentation for 140&485 concurrent filing during turmoil period.There was lot of uncertainty, chaos due to July/August 2007 Visa Bulletin.During that crisis time Rajiv and his team not only guided us very well but also came up with an innovative idea of opening up a new web site exclusively for their customers to share the information and to answers all our concerns. Rajiv and his team is very particular and prompt in answering all the questions via above mentioned web site.It provided lot of update and information about how the team was handling such crisis situations and also helped us better understanding the BIG picture.
Based on our personal experience for the past 4 years+ I would highly recommend Rajiv and his team for any immigration needs.
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Q1. How soon can I leave my petitioning employer once I get my green card approval?
Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.
We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
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.
Can You Do Business In the USA on Your Current Visa?
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
You can post comments and questions on immigration.com. I usually respond within three or four days, sometimes a week. I’m going to answer one of the questions someone asked us on immigration.com.
Can I start a business on an H-1 visa?
The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. It must be a true employer/employee relationship. How does that work? What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. USCIS has indicated that is their present stance. You must have an employer/employee relationship if you want to be able to start your own business on H-1.
In addition to that, remember H-1 is for a specific employer. So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.
Where does that leave us? There’s a whole history behind this H-1. I won’t go through the history. USCIS has gone up and down. “You can do it.” “You cannot do it.” There is a whole history behind this. But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. Make sure you are not getting into a situation which is going to hurt your stance.
Here is another question I get asked.
I have an EAD through 485. Can I now start my business?
Sure. On the side, you can, as long as you don’t leave your current job. But, remember, you will then no longer be on H-1. You will be on EAD if you start working for your own company.
I actually have a whole list of visas.
Can I do business on E-2?
Yes, of course. E-2 visas, which are treaty investor visas, are meant to do business. E-1, treaty trader, the same thing. But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.
If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?
The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. B-1, which is the business visa, is a misnomer. You start thinking, I have business visa; maybe I can start a business. But you can’t do it on B-1.
Can I start a business on F-1 visa?
Of course not. You are a student.
What if I am on my optional practical training and I have my F-1 EAD?
Maybe, but only for the time you have the EAD. Again, that is something to be explored. Don’t just jump into it. Make sure you understand the ramifications of what you’re doing.
What about on a G visa?
On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. They cannot do business, but what about their dependents? I haven’t looked into it specifically. I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. I’m just speaking off the top of my head. I was primarily answering the H-1 question, but I want to share with you what I know. So, G-4, probably yes.
H-4? Absolutely not.
H-1? As long as you can be fired.
I visa? No.
J-2 visa? Yes, as long as you have an EAD.
K visa? K visas are all work authorized, so, yes, you can do business.
L-1? No, because you’re working for a company.
L-2? Yes, because you get an EAD.
M Visa? No.
I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.
Thank you for listening.
[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Rules and Regulations]
[Pages 33625-33630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13762]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
I must say that having Mr. Khanna as my attorney was a great experience. He filed my EB1 I-140 and the case got approved without an RFE. Before filing I had several conversations with Mr. Khanna. He was always available to talk and would give advice, backing it up with rules and regulations. He knows the requirements well and is great with clients...making sure your concerns are addressed at any point in the process and that the process goes as it should. I will recommend him whole heartedly.
USCIS policy memo provides guidelines on how USCIS processes requests to expedite the adjudication of Forms I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside of the U.S.
To read memo please check attached document.
The OFLC PERM, H-2A, H-2B, Prevailing Wage, and LCA program disclosure data files for Quarter 2 of FY 2012 are now available in the Comma-Separated Value (CSV) file format. Click here to access the disclosure files and corresponding record layouts. Historical OFLC program disclosure files for prior fiscal years are available on our Foreign Labor Certification Data Center website at www.flcdatacenter.com.
After leaving previous employer, and got the position with new employer. I was looking for good lawyer or firm, I talked and met with many top immigration lawyer firm, no one convinced me. When I talked to Rajiv S. Khanna, I was convinced because I could feel the truth inside him, and the knowledge he has. He and his great team took my case, prepared, and filed successfully. Mathew, Mark,William, and Rajiv were really helpfull. There is true diversity in Rajiv S. Khanna law firm. They all work like a fmily. Mark was really helpfull during whole process from AC21 to getting the GC, include filing AP, and EAD. He always promptly response, alwasys keep posted, and file all documents timely. Any legal question Mathew promptly respond, and resolved. I love them. I would highly recommend Rajiv S. Khanna Law firm because of their dedication to each of the case and experties in immigration matters. Thank you!! Rasheed
Number 46
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
My husband and I got our green card approved this month. It was a long and tedious journey but I always felt confident about having Rajiv Khanna on my side. They are a very professional and efficient Law Firm. I always got replies to my million concerns. The paper work was filed perfectly and we never got any RFE'S. I have used Rajiv and his team for all my immigration work (H1B) and there is nothing but praise for them.
I would like to thank Mathew, Bharathi, Heather, Shubha, & Kumuda for all the help. I will always recommend them to anyone in the immigration process.
Best wishes for continued success.