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If I-140 gets revoked/denied does my H-1 extension get canceled?

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If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?

Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.

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Guestbook Entry for Veera Vemula , United States

Name: 
Veera Vemula
Country: 
United States
Comment: 

We have applied all my H1, H4 and Green Cards through Rajiv's Law Office.

We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team.

When my company asked me for the best immigration lawyers several years ago, I have told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team.

The availability of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng.

My special thanks to Prerna Mehta and Mathew Chacko for their excellent help, support and advise in my GC process.

I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms.

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 GC.

Looking forward to recommend your law firm to my friends.

Posted on: 
17th Feb, 2009

DOL Comments on PERM Processing Times

In a recent meeting, USDOL has stated:

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Expected I-140 denial

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

Guestbook Entry for Latish Sehgal , United States

Name: 
Latish Sehgal
State: 
TX
Country: 
United States
Comment: 

My experience with Mr. Rajiv Khanna's Law office has been excellent so far. I have received my Labour and I-140 within a year inspite of getting an RFE (which was handled very well).

Posted on: 
27th Jan, 2009

Can an unrelated Masters degree get me an EB2?

The simple answer is yes, the degree must be related. In the past, we have received many EB2 approvals requiring Masters degree. Now, such approvals are unreliable. Your degree seems to be related. Agribusiness and business... hmmm. I believe an EB2 argument can be made. The labor cert should be prepared in such a way so that if EB2 is rejected, EB3 is still safe. Do bear in mind, all submissions made to DOL MUST be true. Ultimately, it is the employer who must decide.

Does filing for any green card permit me to stay in USA?

So, the questions is does filing for any green card permit me to stay in USA?

The answer is no.

Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.

That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.

What to do if an I-140 gets rejected?

Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.

Do advanced degrees help in marriage-based green card?

 1. Advanced degrees do not help in a family-based green card.

Guestbook Entry for Damodar , United States

Name: 
Damodar
State: 
West Virginia
Country: 
United States
Comment: 

We have applied our I-140 and 485 petitions through Rajiv's law office. We received our GC approvals the other day.

I would like to take this opportunity to thank Mr.Rajiv Khanna and his team.

My Special thanks to Mathew Chacko, Prerna Mehta and Suman Bhasin for their help and attention with all of our GC related matters.

Since day1 we have received exceptional service. Their staff is easily approachable.

I would also like to thank Rajiv Khanna for the great service he provides for the immigrant community through his Live chats.

The attorney fees are reasonable for the valuable service they provide compared to other noted firms.

Looking forward to recommend your law firm to my friends and family.

Posted on: 
12th Jan, 2009
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