I spoke to Mr. Khanna on an immigration matter. He was professional and helpful.
Never looked back after switching our companies immigration lawyer to Rajiv Khanna about 7 years back. Very thorough work. Staff is just superb. We have been more than satisfied with the results and guidance. Thank You.
Both Rena and Rajiv have been extremely helpful to myself and my employee, who filed paperwork for a H1 Visa Extension. I had never been through the process before and required a lot of hand-holding. I truly appreciated them going above and beyond, exhibiting the patience needed to answer all of my questions and helping me get everything filed correctly! Thanks again - you guys are awesome!
When should an employer mark "yes" when responding to the Question C.9: "is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators?"
If there is a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the alien, the employer must be able to demonstrate the existence of a bona fide job opportunity, i.e., the job is available to U.S. workers. 20 C.F.R. 656.17(l). In order to provide the Certifying Officer (CO) the opportunity to evaluate whether the job opportunity has been and is clearly open to qualified U.S.
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service in theUSCIS Policy Manual.
U.S. Ambassador to Australia John Berry and Australia’s Minister for Immigration Scott Morrison signed a U.S.-Australia Visa and Immigration Information-Sharing Agreement on August 27, 2014.
The Department of Homeland Security recently achieved two major milestones for its trusted traveler programs. The Transportation Security Administration (TSA) Pre✓™ application program, which began in December 2013, has now enrolled more than half a million travelers. Additionally, U.S. Customs and Border Protection (CBP) has enrolled more than three million users in their trusted traveler programs: Global Entry, NEXUS and SENTRI.
My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?
This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.
As a H-4 visa holder in the USA (my husband is on H-1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H-4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H-4 be valid after I get my PR in Canada? Can I choose to live in either country in that case?
Also, while applying for the PR, they asked for sufficient funds. Since I am a H-4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?
Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.
What is the difference between a blue or black stamp from U.S. Citizenship and Immigration Services (USCIS)?
As of July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS on the effective date.
USCIS stamps with secure blue ink:
Department of Homeland Security (DHS) Parole Stamp
Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp
Refugee Stamp (Section 207)
Asylum Stamp (Section 208)
Initial / Replacement I-94 Stamp
This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.
Please click the attached guide to learn more.
DataStaff, Inc. is a proud client of Mr. Rajiv S. Khanna. We have received invaluable assistance from Rajiv and his team. They make you feel like family. When we have a question big or small, they take the time to answer. There has NEVER been a time when I felt like I wasn't on the top of their list, even though I know they are super busy with cases from other clients who trust them. We trust them implicitly...from the front desk (Angela & Heather) to our H-1 A-Team...Anna & Judi...to Green Card Gurus (Heather R. & Art S.) we have always received EXEMPLARY service. Then there is Rajiv who is so sharp and too funny! It's weird to say that you miss your attorney's office when things are going smoothly, but we do. This is an AWESOME firm and we always recommend anyone who is not getting outstanding results to call and talk to our immigration attorneys - Law Offices of Rajiv S. Khanna, PC!! Thanks Team!
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)] [Rules and Regulations] [Pages 51247-51254] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2014-20516] DEPARTMENT OF STATE 22 CFR Part 22 [Public Notice: 8850] RIN 1400-AD47 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates--Visa and Citizenship Services Fee Changes AGENCY: Department of State. ACTION: Interim final rule.
My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Hello Sir,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
4. Which ports of entry are designated for optimized processing?
1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.
Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).
If you have already attended an ASC biometric appointment, and received a second appointment notice for the same application type, please call the National Customer Service Center at 1-800-375-5283 (TTY for hearing impaired: 1-800-767-1833) to confirm that you do not need to return to the ASC to have biometrics collected again.
On January 1, 2015, E-Verify must dispose of transaction records that are over ten years old - those dated on or before December 31, 2004. E-Verify employers have until December 31, 2014, to download case data from the new “Historic Records Report” if they want to retain transaction data that is more than ten years old.
I went to Atty.Khanna's for help with porting my EB3 case to EB2. The whole process was transparent and very professionally handled.
Ms.Prena Mehta took utmost care to ensure that my paperwork was accurately filed and I am very very happy and pleased and thankful to the team for helping me get my GC.
Greatly appreciate all the professional assistance.