I was running out of time on my H1 B and had requested Rajiv Khanna's office for Quick filing and not only they filed my LC PERM on time but I also got my Approval in 4 days , All of my contacts (Suman ,Vijay ,Pramita,Anna Baker) at Rajiv Khanna's Office were very detail oriented and very helpful .I would like to specially thank Pramita for updating me with the case status ( at times on hourly basis ) when I felt unsure if I could make the deadline . Pramita and
Vijay took good care of my case and kept me updated with the status which is rare attribute which every cleint like me longs for . Rajiv Khanna Rocks !!!!
Mr Khanna , Mr Durgam , all other members of the office ..I would like to thank all of you for your hard work and dedication to get my labor certificate done and as a result we obtained approval in a very good time..with out going into details of how hard the process was . all I can say Thankyou. George
Mr. Khanna and his staff are very meticulous in preparing the case and the paperwork, and take the time to do it right. It paid off for my labour certification; I got my approval January 25, 2006.
I got my I-485 approved in about 1.5 years,which is much faster than I predicted.... and I am sure it could have been approved faster if I had been more diligent about sending the paper work back to you guys... thanks for allowing this victory come true in my life... I have recommended your services to many friends, and I hope they are smart enough to follow my advice... green card
party soon!!!
We represented a Computer Software Engineer and his spouse. USCIS denied the applicant’s Form I-485 because his former employer withdrew his previously approved I-140 petition when the applicant moved to a different employer.
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?
2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?
1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.
It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.
This ruling had become a nation wide issue.
This policy memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants.This PM updates the Adjudicator’s Field Manual (AFM) by revising Chapter 40.1(c), (AFM Update AD 13-13). The guidance contained in this PM is controlling and supersedes any prior guidance on the subject.
Click the attachment to read more about the memorandum.
The office of Rajiv S. Khanna is absolutely one of the best in the business. If you are looking for quality representation, look no further. This is your firm.
From the Labor Certification through the Green Card process, they were both polite and very professional. They would take time to patiently answer all my questions and address all my concerns.
My sincere thanks and gratitude to all of you especially Jitesh, Shivane, Prerna, Matthew and Subha.
You guys are touching the lives of thousands of people in this country. Keep up the good work.
For ever grateful,
Mr. Rajiv and team are amazing. They really supported our GC processing by all means. The immigration Portal is so informative and helpful in making critical decisions.
Rajiv, Subha, Leila, Suman, Lakshmi, Charu, Prerana, Richa every one were so helpful during the process.
They were consistently supporting during the long process of 3years and 9 months to get our GC.
I wish many more other clients of this company will succeed like us in getting their GC because this talented team help.
The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013
Its amazing that such a big firm and so many clients, still I got Individual Attention, including once scanning and sending me 32 Pages of Documents I had submitted with my Labor Applications that I had misplaced.Special Thanks to Richa, Prerna, Shivani ,Mathew Rajiv Khanna and Immigration Portal for so much info.
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.
Analyst Reviews : August 2 2012
Audits : February 29 2012
Reconsideration Requests to the CO : December 1 , 2011
Gov't Error Reconsiderations : Current
An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?
There has been no change to this policy. USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.
If a Legal Permanent Resident (LPR) needs proof of LPR status, USCIS provides an ADIT stamp in the passport.This is not done often because the card is usually manufactured and delivered very quickly for newly approved applicants. However, for those in removal proceedings, the ADIT stamp is still needed.For those without passports and for those with expired passports, in the past, USCIS issued the ADIT stamp and a seal on an I-94 card to which a photo of the LPR was attached. Has there been a change to this process?Can an attorney with a G-28 attend with an INFOPASS on behalf of the client for ADIT stamp issuance? Is there any requirement for the client to be physically present?Does it make a difference if the LPR has been ordered by an Immigration Judge to be removed but an Appeal to the Board of Immigration Appeals (BIA) is still pending? (The person is still an LPR until the BIA decision).
There have been no changes to this policy. USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks.
Can an I-485 (Adjustment of Status) application be filed while the applicant is outside the United States?
No. It is required that the applicant be on U.S. soil when the application is submitted. For those applying from outside the United States, Consular Processing would be in order.
We filed a PERM application under EB-2 for a Senior Programmer Analyst’s position early this year. Three months later, U.S. Department of Labor (DOL) issued an Audit Notification. Immediately following our response, DOL denied the application, citing that our audit response did not include a copy of the job order.
Who is considered a qualified U.S. worker for purposes of a Labor Certification?
For purposes of a Labor Certification, a qualified U.S. worker is defined as a U.S. citizen, a U.S. Legal Permanent Resident (Green Card holder), or other specially authorized alien (such as an asylee or refugee) who satisfies the minimum job requirements and is willing to take the position under the conditions and terms described in the Labor Certification application.
The processing of supervised recruitment cases is still extremely slow. Cases filed directly into supervised recruitment in January and February 2012 have still not received the initial communication from DOL or any recruitment instructions. Based on reports, it appears that DOL is not following FIFO (first in, first out)on SR cases, as there are SR cases with priority dates ranging from May 2011 to October 2011, and draft ads/ad corrections have been submitted as early as February 2012 and as late as July 2012. Has DOL provided details on SR processing dates and times?
DOL indicates that it expects to see a significant increase in the speed of processing of SR cases as well as cases under audit. Staff members who normally work on SR cases were temporarily reassigned to identify and process “straggler” cases. That project has been completed as of October 1, 2012, and DOL has moved those staff members back to their normal work. This should result in much faster processing of both SR and audit cases.
DOL has indicated that it would make sense to consolidate recruitment for Supervised Recruitment (SR) cases that are identical. Has DOL made any progress on publishing a standard that can be followed to consolidate recruitment for SR?
DOL has indicated that it is generally not opposed to consolidation of recruitment efforts in appropriate cases, and a request can be made to the SR processing e-mail box for consolidation. Even where cases are consolidated for recruitment, however, DOL will still require individual recruitment reports for each SR application.
Several newspapers (Boston Globe, San Francisco Chronicle, Chicago Sun-Times, etc.) place their online ads on Monster.com. When the SR instructions direct the placement of an ad on these newspaper websites AND on Monster.com, this means placement of the same listing twice on the same website, which is redundant. Has DOL indicated that a single advertisement on Monster.com is sufficient when the required newspaper uses Monster.com to place job advertisements online?
DOL has suggested e-mailing the SR e-mail address for clarification on particular recruitment instructions. Note, however, that the employer should still follow the recruitment instructions. The focus is whether a full labor market test was conducted that provides U.S. workers with opportunity to apply for the position. DOL is not intentionally seeking duplicate ads.
My labor got cleared under PERM on February 7th,2006. I started the whole process in December 20th,2005 with Rajiv Khanna as my attorney. I’m very grateful to Rajiv S. Khanna and team for helping me with my labor certification. Their guidance helped me to get all my paperwork right. They make it a point to educate us about the laws and update us promptly about any changes in the DOL. This makes us feel comfortable and generates awareness of new policies under PERM.
In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my Labor. Many of my friends went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.