After having my case botched up by a local lawyer, I restarted the process by retaining the services of the Law Offices of Rajiv Khanna. With just about a year remaining on my 6-yr H1 period, the Law Offices was able to help me file an LC just in time to be eligible for n-th year H1 extensions. During the Aug 07 filing crush, despite an error on my part, Prerna displayed great patience in accepting my 485 packet only a week prior to the Aug 17 2007 deadline. The 485 was filed on Aug 15 2007 and I received the approval notice and the plastic card last week. I highly recommend this law firm - their professional treatment of clients (both petitioners and beneficiaries) and Rajiv's empathetic responses to questions on the ForClients website really makes life easier for those going through this process.
Hi Rajiv, Mathew and Prerna,
Thank you so much for your efforts and support during the entire green card process.
Previously, I had selected CP process for the final stage. Due to fiasco with PD date in last June, Rajivji called me personally and suggested me to go with 485 even though I had selected CP process. It was the perfect decision at that moment. It took me exact 1 year to get the consular interview. I received the interview letter in August and since my wife is pregnant it was impossible for us to fly to India.
And I received the good news in 1st week of Aug through 485 process that card production is ordered.
Special thanks to Mathew Chacko, Prerna for their excellent support.
Thank you Rajiv, Mathew, Richa, Prerna, Bharathi and everyone in team for handling our EB2 GC so smoothly. We did not get any RFE and all thing went very smoothly. All team members were very professional and courteous and made sure all paper work go completed and reviewed many times before final submission.
RK law office is the best and I would recommend strongly to everyone. Thank you for doing great work.
Vikas and his team did an outstanding job and meticulously guided us through the process to quick success. Thanks.
Thanks a ton to Rajiv, Heather, Leslie, Mathew, Mark, Anna, Art, Seema, Amrita and other team members for handling our EB2 GC processing very professionally from the beginning to the end. My wife and I got GCs recently without any hiccups. We did not get any RFE and everything went extremely well and smoothly. All the team members were very professional, courteous and knowledgeable. They reviewed the paperwork several times before final submission and made sure it was complete, accurate and error-proof. Once again, I thank you guys immensely and I will recommend your service to my friends and I myself will consider the services from your firm for other immigration purposes.
A big thanks to Rajiv and his whole team for all their help. I had a wonderful experience with every single person in his team. They were very quick in responding to my questions. When my initial paper work had to be filed only three days were left before the deadline. Heather gave me a call to tell me that I have a chance to apply within next few days for my green card or I would have to wait for several months. I was not sure if it would be possible or not but I decided to do it. Everyone in Rajiv's team worked diligently with me to finish my paperwork on time. I was very impressed by the dedication and commitment they showed towards my case. I truly recommend Rajiv and his team's services to everyone. They are truly fantastic!
I have a tourist visa to the US which expires in 2009. However, back in 2004, i was able to obtain a F-1 visa for MBA studies. It expired in 2006 and my stay was extended through practical training. I have all necessary documents supporting that. My question is, will I still be able to use my tourist visa until the March 2009 expiration?
My assumption is that you are still on F-1 and in USA. If this is correct, you cannot use your B visa within USA.
While in USA, your stay and status is controlled exclusively by your I-94.
You can, however, try to reenter USA on B visa but after having stayed here for so long, a reentry is likely to be denied.
If, you are outside USA and have been out for a while (like a year or more), I think you can still use that B visa and try to enter USA.
I came to US on F2 visa. In April 2008, my employer filed for my H1B visa and it was approved. Due to some personal reasons I can't start work from October 1 and I will need to change my visa status back to F2.
Qo 1. My question is if I change my visa status back to F2, and if I find an employer who is ready to file my H1B in the future, Will I have to go through the quota again?
Qo 2. Hi, I have been inspired by the previous posts, I have a similar situation. I was on H1 till Mar 03. Then I transfered to F2. Now I'm about to get a job offer from a company. Is my H1b application subject to the Cap? My previous H1B was issued on Feb 2002 and I haven't been out of the states since.
Ans 1. In my opinion, you will not be subject to the quota again.
Ans 2. You should not be subject to the quota.
I have consulted the local lawyers here but they have failed to answer this question with conviction. Can two Labor applications be filed for me by two companies (current and future employers) at the same time ?
In my opinion, most definitely, yes. As long as both companies are acting in good faith (honestly) and you have the intention to take whichever green card happens to be more convenient or quicker for you, you can file 2 or more labor certs (PERM) through different employers.
After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.
I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.
Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.
My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.
This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin:
http://www.immigration.com/newsletter/vbarchive.html
You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.
Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?
Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?
Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?
Q4. What are you thoughts in general about this scenario and how should one go about it?
A1. I see no problem with this nor do I see any red flags.
A2. Sure. Why not. Permanent does not mean forever.
A3. Not at all.
A4. Nothing else I can think of.
Published by : The Economic Times - Date: September 22, 2020
U.S. Citizenship and Immigration Services announced a temporary final rule to help prevent the spread of the coronavirus (COVID-19) by using government-contracted telephonic interpreters for affirmative asylum interviews at no cost to the applicant.
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.
Scenario 1: Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %. My partner would run the company and do all the work that is needed to sell the software product. I would be a passive owner and not involved in any active duties.
Scenario 2: Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company. I would be a passive owner and the manager would do all the active duties. Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
Watch the Video on this FAQ: Owning or doing business on H-1B
Video Transcript
1. I do not see any problem with that.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am on H4 in the USA , I have applied two H1B's through two different employers (Company-A and Company-B) on Apr 1st , 2008 and both have got approved which will be effective from Oct1st , 2008.
I have the following questions
Qo1. Now I have two new I-94's through two different employers ( Company-A and Compnay-B ) plus I have my own H4 I-94 with me. Do I need to return all three I-94's if I leave the US
Ans1. Yes. I usually recommend that all I-94’s be surrendered.
I am planning to switch from Employer A to B. Can you please help clearing some confusion i have.
Moving from Employer A to Employer B with I-140 approved.
1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?<br>
2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?<br>
3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.<br>
4: Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?
FAQ: Issues in changing employers after I-140 approval
Video Transcript
1. Absolutely.
2. Absolutely. The I-140 priority date gets attached to you. Therefore, wherever you go, that's where the priority date goes.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I worked with Rajiv and Diane for my EB1-B greencard petition. The initial consultations with Rajiv were a big help in understanding my eligibility (I have a PhD and work as a scientist at a Biotech company) and the paperwork required for the petition. Diane’s amazing organizational skills made the daunting process of preparing the I-140 petition very manageable. The I-140 was approved within a week of submission which is a testament to how thoroughly prepared it was. Due to the dates for EB1 India being retrogressed, the I-485 (adjustment of status) process took 3 years during which the office helped me with switching jobs via AC21 portability, renewing three EAD/AP cards and answering any questions that I may have had. The sense of urgency and empathy from both Diane and Rajiv at every step is what makes them the best at what they do. They are of course also incredibly knowledgeable and in step with all the various changes that have rapidly occurred in immigration. My husband and I finally have our green cards and we can’t thank the team at the Law offices of Rajiv S. Khanna enough for everything they do.
Published by : Track.in - Date: September 04, 2020
Quotes and Excerpts from Rajiv on the article:
Thanks for your team's excellent work in helping me get my EB2 Green card. I have always had quick and to the point answers to all my queries from you as well as Rita/Sheena. I especially wanted to mention the extra effort put in by your firm to have my case filed in time on July 2nd 07 as well as the time spent in reconciling my two different priority dates. I will definitely avail of your services in future whenever needed.