My first contact with The Law Offices of Rajiv Khanna was in 2001 and since then, between me and my wife, we have done 5 H1s and our PR petition.
All I can say is they are an amazing bunch of people and both of us trust them and follow their advice on immigration matters blindly. They are that good.
Many thanks to Rajiv, Charu, Anna, Suman, Vijay and Rena any many others who have helped us.
Thanks again and many regards.
Immigration.com has great team and very pleased with the service.
I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?
FAQ Transcript
Status of the H-4 EAD regulations
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions.
Really appreciate you taking out time for this kind of questions.
FAQ: Discrepancies In Date Of Birth Information
FAQ Transcript
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Hi, It was an immense pleasure and fortune to have sought advice from Rajiv Sir and I am looking forward to transfer my case to them for conversion of my category from EB3 To EB2. Mr.Rajiv has definitely got a sound base of knowledge combined with skills realted to immigration issues.I am so hopeful and optimistic about my case as I know I will be in right & trusted hands.Thanks for your sincere advice.
I sincerely appreciate the service provided by Rajiv's Law office and his team, they help me at every stage of my GC as well H1/H4 renewal. They were prompt in every stage which is crucial I believe and the expertise in their field is outstanding. Thank you again.
Nizam
My Wife and I received our GC approvals within 34 months for the whole process with the grate Rajiv Khanna team. The team so responsive and dedicated in their work. Especially I have to Thank you Rajiv Khanna for his fighting efforts to stream line the Green Processing to all the immigration community. He is a great man!. We are really glad that we chose this Law firm.We are thankful to Rajiv and his staff.
Mr. Khanna has been my immigration lawyer for H1-B as well as Greencard. My 485 was approved from TSC last week in a record 11 months! He and his staff (Vijay, Suman, Shivane, Prerna, Rena) have all been exceptional! They never hesitated to answer the million questions I had and were always prompt in calling or emailing me back. Mr. Khanna too always made time out of his busy schedule to call me whenever I needed to speak with him directly. This is one exceptional group of folks and I would highly recommend them to anybody looking for a good immigration lawyer.
Mr. Khanna is the best in the Business (if you don’t agree with me, he is certainly one of the Best). His law firm is handling both my H1-B and Green Card, and my experience has always been really really very very good. Mr. Khanna has a very good team but when crises arise or there is confusion in the application process he will directly get involved – this means a lot - as the best and brightest person in us immigration arena is dealing your case. I very highly recommend his law firm.
1. What is the Foreign Labor Certification Process?
2. How long will the employment-based visa process take?
3. Are there any employment-based immigration fees?
4. How do I find out the status of my permanent case?
1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.
I did at least 3 H1s and Green Card through this firm. I never had any glitches (no RFEs..never!)
Excellent courteous staff, prompt response are just some of the things that are so rare to find from other immigration lawyers. Rajiv Khanna himself is always available for advise.
Filed for my Green Card back in April of 2001,
NC State labor approval: May, 2002
Federal Labor approval: May, 2003
140-485 filed: May, 2003
140-485 approval: October, 2004
Fingerprinting: Dec, 2004
Plastic card received: Dec, 2004