Guestbook Entry for Anil Joginipalli , United States
Name
Anil Joginipalli
Country
United States
State
Virgina
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Guestbook Entry for Manoj Madhavan , United States
Name
Manoj Madhavan
Country
United States
State
Georgia
Comment
I have used Mr Khanna's services many times in the past and plan to do so in the future. Excellent services provided by Ms Anna Baker and Ms Fran Fisher. Mr Khanna does not shy away from difficult cases and is very approachable and very knowledgeable. A++
Guestbook Entry for Jayanthan B Padinjaredath, United States
Name
Jayanthan B Padinjaredath
Country
United States
State
New York
Comment
Thanks to Sheena for all the help she provided with the filing of my I-140. Even with an RFE pertaining to my name, the approval came through very fast. Sheena guided me through the process extremely well. She was extremely professional through it all and invoked a lot of confidence.
Thanks to you Sheena! Have a great 2009.
Guestbook Entry for Hardik Parikh , United States
Name
Hardik Parikh
Country
United States
State
Ohio
Comment
Thanks to Fran Fisher for preparing case for H-1B extension and H4 for my wife. Process went smooth and we got our approval receipts in just two months.
H-1 related I-94 issue
Question details
I have read some very nice articles on your Forum and wanted to get your help on My Weird Issue with I94.
I am on H1-B Visa and my Approval (I797) is Valid Till October-2010 However My Indian Passport is Expiring on 26'th-Aug-2009. I just came back from India a week back and Immigration Officer has Issued me I94 Till my Passport Expiry.. Is thr any other way for me to Apply for I94 Extension based on Approval validity without Leaving the Country ??? or i have to leave the Country & Come back ???
Same Applied to my Wife as well Since we traveled together and went for Immigration together immigration officer Issued Her also I94 Till My Passport Expiry Date ...
Whenever CBP gives you an I-94 with mistakes on it, they can easily correct it if you just go back to the airport and request a correction. Most airports have CBP office hours. In my view, they should issue an I-94 co-extensive with your approval, not your passport. So, go back to CBP. Post your experience here for all.
DOL Releases H-2B Entertainer FAQs
The Department has released FAQs for H-2Bs in the entertainment industry.
Updated List of SEVP Approved Schools (Updated 6/30/09)
ICE updated its list of Student and Exchange Visitor Program approved schools on 29th June 2009.
Should you be applying for employment-based green card in this economy?
Question details
Should you be applying for employment-based green card in this economy?
A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.
Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?
Question details
I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
Visa Bulletin August 2009
Number 11
Volume XI
Washington, D.C.
A. STATUTORY NUMBERS
Green Card
"Proving Existence of a Job for H-1 B" published by "The Practical Lawyer", American Law Institute, American Bar Association Publication
Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".
Profession/Occupation
Guestbook Entry for Bala, United States
Name
Bala
Country
United States
State
WA
Comment
well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala
Marriage to US Citizen with EB AOS is pending
Question details
I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
RFE after the I-140 was approved
Question details
1. One of my friend had his 140 approved in 2005. He has his 485 pending since 2005. now he got RFE which essentialy says that 140 was approved in error and asks for ability pay prooof. Can USCIS go back and raise RFE's in this manner?
2. If yes then would he have been better if he had changed the job using AC21 ? My impression was that Once one is eligible for ac21( 180 days past 485) , RFE's related to old employer should not come. seeing this , using AC21 seems very risky. what happens if someone changes job and then USCIS says that 140 approved was in error , and asks for bunch of proof from the old company. what is your take?
1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.
2. My take is AC21 would be a better idea, although, not fool proof.
I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.
Immigration Information for Members of the U.S. Armed Forces and their Families
USCIS offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad.
H-1 Quota Count as of 10 July 2009
As ofJuly 10, 2009, approximately 44,900 H-1B cap-subject petitions and 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 until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Leave of absence - I-485 pending
Question details
a). I am an associate professor at XXX State University. Beginning August, 2009 (in two weeks time), I am planning on going for a one-year unpaid professional leave of absence. During the leave I will be in India. However I would technically still be employed by my University. Meanwhile, I have an approved I-140 (EB-2) - I-485 pending.
b). What happens if I get my green card while I am on leave (I am going to India)? Can I still receive it legally? If I can legally accept the green card, can I change my address on the USCIS web site and give my relative's address? We currently live in California and our case is is handled by Nebraska Center. Given this scenario, should we give the address of our relatives in California, or is it O.K. to give the address of our relative who lives in New Jersey?
c). At the time I filled the I-485 for myself and my wife, my wife was pregnant and could not get one of the immunizations (I think it was MMR). Now I am afraid that when we are out of the country we might get a medical RFE for my wife. Is it possible for us to get the immunizations done by a USCIS authorized doctor, and send the report to the USCIS in anticipation of the RFE? If yes, then which form should be fill/take to the doctor?
a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.
Guestbook Entry for Anatoly, United States
Name
Anatoly
Country
United States
State
California
Comment
I received H1b Petition Approval. Anna, Fran and Rajiv are very professional, responsive, and friendly. The whole petition process was smooth and easy for my employer and me. Anna, Fran and Rajiv contacted us ahead of time to prompt us for details for the case. So there was no rush, we always had adequate time and were confident in the service. They guided us through the process, we perfectly professional, responsive, and punctual. This is a great service. Great work! I am very thankful and recommend Law Offices of Rajiv S. Khanna.
USCIS Updates Policy on DNA Evidence in Support of Sibling Relationship
USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings.
H-1B and Green Card Transfer From a Non-Profit Organization to For-Profit
Question details
I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br>
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br>
2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br>
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br>
a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br>
b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br>
c.applying for concurrent H1b<br>
d. Moving on to H4EAD and filing a H1b next April<br>
e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
Video Transcript
1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.
FAQ Transcript
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.
Update to Form I-212
USCIS recently updated the following USCIS form(s):
Filing EB-5 Investor Case With a Promissory Note Secured by Property In a Foreign Country
Question details
Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?
Video Transcript:
FAQ Transcript
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.
At What Stage Should I Join My Future Green Card Employer?
Question details
My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer.
Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved.
Basically need to know at what stage of the GC process I can join the future employer.
Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
Watch the Video on this FAQ: At what stage should I join my future green card employer?
Video Transcript:
FAQ Transcript
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 would like to thank Mr.Rajiv Khanna and team specially for working on my I-140 and getting the approval real quick.
Thanks to Mr.Rajiv Khanna, Ms.Sheena Gill and team.
I got I-140 denial on my education degree, but ajiv ji and Sheena both were very confident that we can win this case from the day i received denial notice .
Special Thanks to Sheena Gill, for all the hard work did in getting my education evaluation and Clarifying USCIS about the wrong reason on which they denied my I-140.
Rajiv Khanna and his team is very quick in responding to mail ,phone call and providing solutions.
I-140 approved with in 6 working days.