EB-2 PERM, Government Error
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
AAO Processing Times as of June 3, 2013 |
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Form Number |
Case Type |
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I would like to thank Mr. Khanna for giving special attention to advice me regarding my queries. I look forward to work with him for all my future requirments.
I had a unique situation with my visa, family and company, and Rajiv Khanna was kind enough to take my call and answer to the truth. He gave me his honest opinion and no sugar coating. I like that. I would def. recommend him over other immigration attorney.
Mr. Khanna and Leslie has been very helpful in providing help in my case and I really appreciate their sincerity. May God bless them for all the supporting work they are doing for people like me. Best Regards and loads of thanks!
Secretary of Homeland Security Janet Napolitano has re-designated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2013, through March 31, 2015. This allows eligible nationals of Syria to register or re-register for TPS in accordance with a notice published today in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible.
A revised version of the ETA Form 9141 will be implemented in the iCERT Portal on June 18. The form changes were pursued through the Paperwork Reduction Act process and have been reviewed and approved by the Office of Management and Budget. Minor changes were made to clarify information needed for more efficient application processing. A fillable copy of the form is available here.
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
I am an Indian citizen, in USA on my F-1 via. I have completed my masters degree and my application for Employment Authorization was denied due to the fact that my SEVIS was terminated due to the complete negligence of the International Students office in my university. The denial notice says that I need to submit a form I-290B petition along with supporting documents and an affidavit. What documents should I attach and should I consider suing my International students office. I am not in a position(financially) to sue them right now because I was a student all this time.
Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your
I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?
There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.
I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?
If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.
The Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744) would revise laws governing immigration and the enforcement of those laws, allowing for a significant increase in the number of noncitizens who could lawfully enter the United States on both a permanent and temporary basis. Additionally, the bill would create a process for many individuals who are present in the country now on an unauthorized basis to gain legal status, subject to requirements specified in the bill.
The Office of Foreign Labor Certification is making available a centralized listing of all program and technical Help Desks.
To view the list please click the attachment.
Mr. Khanna's firm has processed several H1-B and PERM applications for our company. We first came to him in a dire situation. Another attorney had been working on our behalf, but had not given us good service or advice. One of our key employees was faced with having to leave the country because of the situation. Rajiv, Anna, Heather and Judi were all very helpful in getting the situation resolved for us. Their knowledge of immigration law and their ability to explain it so that I understand what is happening has been excellent. It is empowering and now I am always confident that our immigration petitions are being handled in the most efficient and above board process possible.
Interview done and Recommended for approval.
I have been impressed with the Orlando office. Ours was a very good experience. We arrived 20 mins early got checked in and were called on time for interview. 8 am for me 8:30 for my wife.
I was sworn in by my interviewer a really nice ex marine. Basically told me everything was a formality and as our case was straight forward we would be approved. Gave me the test as we chatted and he did the paper work.
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Today, in a historic vote, the Senate successfully passed (on a 68-32 vote) S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act.
“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com
For more information on this news please read the attached file.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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Mr. Khanna was very helpful, even though he recommended a B-1 visa that does not require his services. Great integrity. I appreciate that and will remember it when I am back here again.