Mr. Khanna is one of the most knowledgable lawyers I have spoken to or heard off.... He understood our situation and offered several solutions to us. Hats off!
Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, effective Jan. 6, 2015, through July 5, 2016.
Current TPS Honduras beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from Oct. 16, 2014 through Dec. 15, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Oct. 16, 2014.
Starting in early 2015, the Department of Homeland Security (DHS) will begin implementation of a Haitian Family Reunification Parole (HFRP) Program to expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents of the U.S. and to promote safe, legal and orderly migration from Haiti to the United States.
I am very satisfied with Rajiv Khanna and his team for all the effort and work for the successful approval of gc. They have been very professional and proactive at every step of the process and keep you in loop so that you are aware of the developments. The team is ready to answer your queries or concerns every time you have any.
Art was handling my case and took of everything from start to end. Could not ask for anything more.
If you are looking for a firm to handle your immigration matters then this is the one.
My first experience with Rajiv's Law firm..
Right from Day one the service was excellent.. Clear explanations in each step along the way. Very professional.
Follow up on each items were on right time.
Really happy with the way my PERM process was handled and would recommend to anyone. Couldn't ask more
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. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule.
I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.<br>
1) Am I eligible for EB-1C (Multinational manager)?<br>
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)?
3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?<br>
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?
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Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer.
AAO Processing Times as of October 1, 2014 |
||
Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | Current |
I-129F |
Can a J-2 dependent (Canadian citizen) change to other working visa or have to change to H-4 when J-1 gets waiver and moves to H-1. Basically any hope for a spouse on J-2 to get work authorization (TN/H-1/investor visa) before the 3 year waiver is complete?
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
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2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
U.S. Department of Labor, ETA-Office of Foreign Labor Certification Announcement:
USCIS issued a new policy (PA-2014-009) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers.
We have been working with Rajiv's office almost for 2 years, they provided excellent Professional Services. This Law office is higly recommended for H1B, PERM or any other Immigration related needs.
A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. For more details please see Matter of Ezra Kibichii BETT (Cite as 26 I&N Dec. 437 (BIA 2014) ) - Interim Decision #3818.
Can I just take over an existing business with the required investment and continue?
That depends upon how old the business is and how you wish to structure your ownership.
Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?
When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.
I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that. 1) My mother’s birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter. 2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate 3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has? Again he is not in a position to go to his birth place nor is he in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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.
Q1. Among the documents needed for filing H-4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municipal/Registration office..... is that needed even for H-4 EAD. What if the name on the Birth Certificate from Registration office is different from name on Passport? What should be done here? Any other documents etc. we need to be careful about and should be working to get ready now. (Education certificates and marriage certificate etc. we already have)
Q2. Would it again be first come -first served in terms of filing H-4 EAD? I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.
Q3. Approximately how much time it’s expected for EAD to arrive, everything going well
Q4. One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H-4 EAD or NOT ( in a situation if old employer revokes I-140 )
A1. So far it appears to me and again we don’t have the details yet. The very least you will need is proof of marriage and birth certificate. I don’t think that is the normal requirement but I believe proof of relationship should be acquired and kept. Then the question what if the names on the birth certificate and passport are different.... we still don’t know lot about these issues. I would say an affidavit explaining the discrepancy and probably making efforts to remove the discrepancy whether you want to have the passport issued under the correct name or whether you want to have a Indian court give a declaratory judgment of some kind that the name X and Y are the same person. Something like that would be a good idea. But it is not going to stop you H-4 EAD application at least in my mind. I think even education certificates are irrelevant because the H-4 EAD is not given based upon what degrees you have, it is given based upon your relationship with the H-1 holder who is at a certain level of maturity in the green card process. I am not worried about the laminated original document. That doesn’t bother me.
A2. First of all USCIS just roughly follows the first in, first out rule. They are not always bound by that rule because there are so many variations within the processing times if it is given to a particular officer, which depends on what is their case load is and what if they have to take a couple of days off. It’s not always predictable that you will always be first in and first out.
A3. Under the regulations USCIS should adjudicate EADs within 90 days. But in case you don’t know they are finding it very difficult to keep to that time. I will be surprised if they are able to keep to the 90 days process, but if it is merely administrative process and there is not a whole lot of investigation involved then I don’t see why not but I really don’t know.
A4. The government has said as long as you have one I-140 that remains unrevoked they will give us the H-4 EAD. But if the I-140 is revoked then H-4 EAD will not be given.
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We have been using Rajiv and his team over the past four years to help our employees apply for H-1 visas and permanent residency through labor certifications. In all cases, Rajiv and his team has been very proactive in explaining in detail the nuances of each unique case, the approach to take to speed up the process and chances of success and the follow through on all the proposed course of action is very thorough. His staff is prompt in sending us completed paperwork, helping us through our paperwork ensuring it is correct and detailed to the USCIS requirements. His staff (Anna, Heather, Judi, Vijay) have been very professional to work with and we have had success in all cases. We will continue using Rajiv and his team for all our immigration needs.
I have even used them previously for my H-1/H-4s and green card case.
If you are looking for immigration advice or counsel, use the proven team of Rajiv.
Avtar