Employment-Based (EB) Green Card
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
Rajiv has provided excellent advise and support guidance to obtain B2 visa as he is not Eligible for Derivative Status.
ALLS CHURCH, VA – During the period of October 1-16, 2013, the Executive Office for Immigration Review was operating in a limited capacity due to the lapse in government funding.
1. Are children required to have chest x-rays or blood tests?
2. What if the applicant is mentally retarded or has a learning disability?
3. What is the legal basis for requesting medical information for visa applicants?
4. What should the applicant expect at the medical examination?
1. Chest X-ray and blood tests are not usually required for children under the age of fifteen.
2. Applicants with mental retardation or learning disabilities must present a report of their condition and any special educational or supervision requirements.
Rajiv is indeed an extraordinary lawyer, great strategist and very nice human being. He and his great team helped our family to stay together and live where we belong to. Got ridiculous case: U.S. citizen's wife's green card was denied because of technicality. Appeal was denied too but Rajiv and his team managed to convince the Service that this case must be approved. Special thanks go to Rajiv, Mark and Bill who were much more than just lawyers, who put many hours, sometimes even on weekends, to win this case for us.
1. I am currently on an L-1 visa but I am thinking of resigning my job. I have an Australian passport, so if I do so could I just change my status to the Visa Waiver Program or would I need to physically exit and re-enter the country?
2. If I subsequently wish to stay longer than 90 days under the visa waiver program, am I able to simply exit and re-enter the country to restart the 90 day period?
1. You will have to exit and reenter OR apply for a change of status to
With the reopening of the federal government, USCIS has been informed that the Department of Labor’s (DOL) Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs).
According to "Times of India" :
On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review.
An experience from our community reader:
I did not have to go through the grueling J-1 HRR process from India. A matter of fact for your reference, a lot of students coming from India to US on J-1 for internship or completing their last semester are put on J-1 HRR directly without any inquiry into their application at the visa window. This causes a lot of stress to individuals under J-1 HRR and very few know that J-1 HRR Advisory opinion exists. I had been reading a lot of articles and on the USIEF website when I came to know about this and applied to see after 2 months that the J-1 HRR was never applicable to me.
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and
“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.
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Video Transcript:
Maybe, maybe not. it depends.Looks like you will not qualify, but you never know.
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.
1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.
1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.
2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.
Mr. Khanna is very nice and have answers to all questions you can think of. He is very cooperative in all levels and very prompt in responding queries. Best thing is he believes in satifying his clients first not in money for every little thing. I think that's the best attitude somebody would expect from lawyers. Keep doing good work Mr. Khanna. Thanks again for inputs on my case.