Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.
Watch Video : Am I exempt from H-1 quota if visa was not stamped
Video Transcript:
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.
We won a case for an applicant who primarily served as a function manager, but also managed a few professionals. We provided extensive details regarding the job duties of the beneficiary for both the foreign entity position as well as the proposed US position. We outlined the proposed duties in detail and assigned a percentage to each task indicating how much time was allotted to complete the task.
We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.
Thanks Diane, Rajiv, Anna and everyone involved in the successful filing of L1A for Vikas. The counsel and filing of the case was flawless. We are thoroughly impressed by the professionalism of the team. Thanks once again.
Best Regards,
Venkat
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India. The business in India consists of five employees and is completely different from the business they are starting in the USA. Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager. Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this
An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”). Historically, it has been difficult to obtain L-1A for functional managers. USCIS is more esily convinced where professional employees are being managed.
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
Contacted Rajivji via LinkedIn and he set up a conference almost immediately. We had a detailed discussion where he understood what we wanted to achieve and guided us accordingly. What I liked is the fact that he was very helpful and the fact that he laid out the risk factors clearly so that we could make our decision appropriately.
Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.
Thanks.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as work to process all premium processing petitions in a timely manner. After the two week period, USCIS will resume sending out final notices in the pre-paid mailers provided by petitioners.
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br>
1) Is this true?<br>
2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?
True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.
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.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
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.
FAQ: Does bad credit or private loans/litigation affect immigration? ||Changing jobs after I 140 approval, returning to the old job, procedures for starting new green card etc. ||Effect of salary variations during L-1A visa ||Implications of alcohol-related convictions, such as DUI, on immigration or H-1B ||Staying in the United States based upon the medical need of a child, B-2 or humanitarian parole.
Other: H-1B amendments for relocation, visa stamping ||Filing in EB-1C green card for international manager or executive ||Applying for H-1B from a third country||Proceedings after employee files WHD complaint ||Changing H-1B jobs while an extension is pending ||H-1B visa stamping problems||Applying for H-1B extension without a copy of the I 140 approval notice ||H-1B amendments for relocation ||Does change of location requiring L-1A amendment? ||Cross-chargeability, etc.
Discussion Topics, Thursday, 15 June 2017:
--------------------------------------------------------
FAQ: Exemption from H-1 quota, Visa stamped, did not join employer || The best methods for spouse of a green card holder to enter the USA || Effect of revocation of PERM on an already approved H1 extension || Applying for H-4 status while H-1 is pending || How to reset H-1 six years || FAQ: Applying for H-1B visa when there was a status violation ||
Other: Filing Form N-600 || Correcting H-1B visa errors || H-1B visa stamping where client company was acquired || Traveling on advance parole or H-1B visa || Changing place of birth in immigration records || Supplement-J || understanding motions to reopen || Criminal conviction || Changing status to J-1 || Parents status expires while I-485 is pending || Can a green card holder enter the US on a non-immigrant visa? || The new regulations for I-140, etc.
I would like to thank Rajiv Ji and his team at the Law offices of Rajiv S Khanna for their expertise in handling my case of L1A. Rajiv Ji, him self has handled my case and went through each and every single process and guided me in providing all the required information to USCIS. His understanding of the Immigration laws are second to none. My special thanks to Diane , she is very very prompt and polite person, always responds to emails right away and even if you forget she reminds and follow up. She has detailed all the documents required for USCIS in a meticulous manner. I feel, if your immigration case is handled by the Law offices of Rajiv s Khanna, you are in safe hands.