We have a great experience working with Rajiv and his team. Vikas Varma was very professional and thorough. They prepared the RFE response of a very completed case so great that we got the approval of a very tough case. Its really worth the money they charge. We would like to continue using the services of LORK in the future.
I've been working with LORK the last 5 years, and it has always been a pleasure working with them. They've dealt some tough cases for us, and I have immense confidence, when they are handling our cases. Recently, we had our L1 petition approved, and we are very impressed with extent of details covered. It was a pleasure working with Vikas Varma, and LORK's attitude of making sure the employer's reputation is not at stake at the USCIS.
Me and my employer worked with Mr. Khanna's firm for GC process. It took almost 4 years for us to get GC. Solving complex case with care and experience is what we got. Thanks a million to Mr. Khanna, Mathew and all case managers who helped in every way possible. If any of you need to get GC done, please contact Mr. Khanna without any 2nd thought.
He is just the best attorney you can ever work with for all of your immigration needs. God bless him and the entire team.
Q. I am a student graduating in December with my Masters degree. I have an offer from an university. I understand that universities apply for exempt-H1B. I also understand that exempt H1B's cannot be transferred to non-exempt H1B's.
Will I be able to work in the period from April to October 1st with the private company, when my non-exempt H1B is still in process? Will accepting this offer be a problem if i want to move to a private firm later?
I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?
Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?
Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?
Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?;
Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
If a new start-up IT consulting company wants to transfer H1 of a prospective employee who is already on H1 and working for his current H1 sponsor, what are the issues and feasibility for such a transfer?
How can such a start-up IT consulting company go about hiring AC21 eligible folks on EAD? May this is the safest route in the beginning until the company gets more employees and grows revenue?
Will the AOS of the prospective employee be safe if he is the only employee of this company in the beginning. Of course the company wants to expand in the future but has to start somewhere.
H-1 by Start-up Companies
Quote:
Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??
I got laid off from work from my present employer on October 31, 2008 and I have 3 questions.
Presently, my employer has sponsored both my H1B (completed initial period of 6 years) and Green Card (EB-2, with priority date 2006). I have filled my I-485 in July 2007 and is currently pending. My I-140 has been approved 2 years ago and my employer promised that he will not revoke it. I have approved EAD & AP both for the primary and dependent.
Quote:
I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
This is regarding my sister who is going through lot of stress due to visa issues.
She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.
3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).
She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.
Here are our questions/ concerns. Please do answer these:
1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.
2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?
3. Any advise/ suggestions are welcome.
I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.
1. | Legal fees(for our Office): $2,200 |
Really great service with timely and helpful consultation. Rena has been very good coordinator and communicator. She has been very responsive and courteous at all times. Mr Khanna was also very helpful and was available whenever required. His expertise is always commendable. Thanks a lot for all your help.
Thank you for all your help!
I have been very impressed with the thoroughness of work done by Rajiv Khanna and his team including Anna Baker and hence my professional association with them for last 5 years after using numerous law offices before. Rajiv's Law office has the expertise to handle tough cases and get them approved. Thank you Rajiv and Anna for the great work done.
Dinesh Technovision
We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?
In your case, a K-3 cannot be issued. You must wait for IV.
If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.
My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.
H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009
My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).
1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?
2) While new H1B is pending, what is my status? Am I considered to be in status?
3) Can we file brand new H1B through the same company while appeal is pending?
4) Can I work for my employer while appeal is pending, without filing new H1B?
5) Can I work for my employer while new H1B is pending?
6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.
7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.
1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.
2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.
3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.
4) No.
5) No.
1) Can i keep my Priority Date and apply for the Greencard later (after graduating from school) with it? Would that be possible even if the job is not similar to the one for which I got the labor approval this time around?
2) Would it be possible to keep the 485 active when I am in school? If it helps, my Ph.D is in the same field as my Masters (also from the US).
3) If I receive an RFE on my 485 about employment etc and I can't respond, would that have any effect on the validity of my F-1?
4) After I got the F-1, I re-entered the country back on my H-1 since I wanted to continue to work for a bit. My H-1 expires in a few weeks.
5) Should i withdraw the 485? If not, will I get into trouble while going out and coming back in?
6) I'd need to inform USCIS of my address change. If I'm keeping the 485 active, I'd have to specifically mention the address change for those applications as well. Should I just go ahead and do that?
1) You should be able to keep your PD because your I-140 is approved. The jobs do not have to be similar, but you do have to start your GC all over again.
2) Only if the employer (or some other employer with a similar job - AC21) holds the job open for you and you have the intention of joining them upon approval of GC or earlier. But do keep in mind the next answer.
3) I see no effect. But do remember, USCIS has indicated that F-1 and AOS cannot both co-exist. We do not have much elaboration on this statement.
4) You can stay as an adjustee.
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
Number 10
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.
Implementation of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8, 2009.
I had wonderful experience working with Rajiv and his team. Vikas Varma was very professional and prompt in responding and providing necessary information to me to take the appropriate steps. Rajiv's whole team is very professional and I would recommend to all my friends.