Mr. Rajiv Khanna is the best immigration lawyer that I have ever worked with. He has dealt with in a kind, compassionate, and professional way the numerous queries I asked him. His advise to me was invaluable and I strongly recommend him to any one who has an immigration issue. K.R.Shankaran Brandon
We have recently won a case for a physician working in several rural clinics as well as his private practice within a medically underserved area. We were retained following a denial of the I-140 petition for NIW. We filed an appeal as well as an amended (new) I-140 application to show that the physician had met the 5-year service requirements for an NIW. The applicant had moved from one medically underserved area to another while the original I-140 was pending. The issue was whether an “amendment” could have been filed in this case to notify USCIS of the move without an approved I-140.
I was very pleased with answers I received from Mr. Rajiv S. Khanna to my questions on my immigration case. He pointed out one detail about my case that I forgot about, and that helped me to make a more educated decision as to how to proceed with my case. Thanks a lot, Rajiv!
Discussion Topics:
I contacted immigration.com., and got an email back the next day, and phone consult set up with Rajiv Khanna two days later. He was extremely helpful, explaining to me the weaknesses and opportunities of my case, and actually gave me some reference point to talk to my employer. I am grateful to Rajiv and his staff for their assistance, and would wholeheartedly recommend them to anyone looking for quality legal opinion on their immigration cases.
Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris
I had a conference call with Mr. Khanna. I from India and have done my PhD. I was interested in filing for Green card through EB1 or NIW category. However, after looking at my CV he advised me that my case is not strong enough for either of the two. He said that whether I get the green card or not the lawyer will get paid, so I should be careful in selecting a category to file my green card under. This honesty really impressed me about him. I will take more legal advise before reaching a conclusion but at least Mr. Khanna was honest enough to give me his frank opinion and not take me for a ride as I have read about other attorneys / law firms. Thank you Mr. Khanna for your time !
Dear all
I came to the USA from New Delhi, India with a Master's in Microbiology in 1992 - to pursue a Ph.D. in Biochemistry / Molecular biology specializing in protein engineering. In 2000, started a post doc- 7 months at Brigham and Women's hospital - did not get along with the indian jerk of a boss so changed to the main Harvard medical School quad under a fantastic caucasian post doc mentor and a very good friend, a very liberal democrat (Go John Kerry).
Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."
Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.
The following pointers have emerged from recent cases and comments from USCIS:
1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.
2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.
3. Emphasize/document the "international" nature of your accomplishments.
I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?
Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?
Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
Discussion Topics, Thursday 8 February 2018:
FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions
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I had a brief telephonic consultation and Resume review with Mr. Khanna. He seems like very through and knowledgable attorney. He provided me right information and suggestion as what should be the next step to follow and in which category my GC petition has more chances to get approved. This is all within 15 mins of consultation and that too with no charge/fee. I would strongly recommend him and his firm. - Pallav
Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.
Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.
My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.
We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
I am a US Permanent Resident from Nepal. My girlfriend (soon to be wife) is a student doing her MBA and is in F-1 visa (student). She is graduating in May 2015 and will start her OPT soon after that.
We are planning to get court married real soon (within a month) and file for her green card soon after that. Once she gets her green card, we'll go home and get married with all the religious ceremonies. <p>
I had few questions about the green card process for my wife. I looked through various threads of various forums and I am more confused than before on how exactly this process works. I got conflicting answers for these questions. So, I am posting these questions so that I could get the correct answers from the expect himself.
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I understand that for my wife's GC, first I need to petition I-130 and she needs to wait until her priority date becomes current (which the people say can take several years to be current), then she needs to apply for Adjustment of Status. <p>
1. Could you go briefly on the whole process from start to finish? <br>
2. Some of the threads on the other forums said that the Congress changed the law so that there is no wait time for Spouse of Permanent Resident to apply for her green card. How much truth is in this statement? <br>
3. Some people who applied about a year or two ago said that they got their GC on hand within 6 months. How is that even possible when the wait time to just apply for GC under this category is several years? <br>
4. What happens if she applies before her priority date becomes current? Will her application be denied or will it just sit in a queue (first come first serve) until the priority date becomes current and then it will get processed? <br>
5. If she starts her OPT in May 2015 and the OPT lasts for 1 year (till May 2016), would that be enough time for her to apply for GC through my petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=99
FAQ Transcript
In response to my rather urgent queries submitted online, Mr. Khanna offered me a free phone consultation. He articulated his advice in a manner that provided a clear understanding of the general (ideal) approach to immigration through marriage and then shared his professional opinion on my case in particular. I appreciated his straightforward approach and willingness to share his opinion on cases that warrant the need for legal counsel. I would highly recommend Mr. Khanna to friends and colleagues in need of immigration-related counsel.