Change of status

Guestbook Entry for Hetvi Patel, United States

Name: 
Hetvi Patel
Nonimmigrant Visas: 
State: 
Tx
Green Card: 
Profession/Occupation: 
Country: 
United States
Homepage: 
Highly recommand
Comment: 
I am very impresed with the prompt reply of all my emails. Mr.Rajiv is giving very honest opinion.  We scheduled a conference call with him which was on time and he was really taking time to make us understand the situation of our case and how to proceed next.  He didn’t charge anything for the call.  We heartly appreciate his time and guidance provided to us.         

Change of Visa From H-1B to F-2

I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for John, United States

Name: 
John
State: 
Maryland
Nonimmigrant Visas: 
Profession/Occupation: 
Country: 
United States
Comment: 
I had a conference call with Mr. Rajiv Khanna. My question was regarding time lines for Green Card processing. I am in my 6th year of H1-B and was planning to change my Job with 9 Months left on my Visa. I have not started my Green Card Processing yet. The call was quick and to the point. He detailed me of the options available. He didn’t promise me that everything will be done but the call gave me the required confidence in my decision making. He is a [i]walking encyclopedia of immigration[/i]. Note: The call was a free call and he was there on call even before I dialed in. On the whole it was a good experience.

Guestbook Entry for A Singh, United States

Name: 
A Singh
State: 
OK
Country: 
United States
Comment: 
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.

Guestbook Entry for RAM NARAYANAN, United States

Name: 
RAM NARAYANAN
Nonimmigrant Visas: 
Profession/Occupation: 
State: 
CA
Country: 
United States
Comment: 
I AM A US CITIZEN AND I APPLIED FOR FAMILY BASED GREEN CARD FOR MY WIFE. THE WHOLE PROCESS STARTED IN FIRST WEEK OF JANUARY 2009. INITIALLY WE HAD APPLIED ON OUR OWN AND DID NOT CONSULT ANY ATTORNEY. THEN WE GOT AN RFE ON MY WIFE’S BIRTH CERTIFICATE, AND WE WERE HELPLESS AND DID NOT KNOW HOW TO PROCEED. THAT IS WHEN WE APPROACHED, RAJIV KHANNA. HIS ATTORNEY’S MATHEW CHACKO AND BHARATHI GUIDED US FOR SUBMITTING THE RFE DOCUMENTS AND GUIDED US IN EACH AND EVERY STEP AFTER THAT. THEIR GUIDANCE WAS OF GREAT HELP TO US. AND FINALLY MY WIFE GOT HER GC ON 24TH APRIL 2009.

Travel While Change of Status Request is Pending - H-1B Related

I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?

There are multiple issues involved in traveling.

First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.

Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Traveling Abroad While H-4 EAD is Pending

I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Unlawful Presence for Minors

My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.

Watch the Video on this FAQ: Unlawful presence for minors

Video Transcript

For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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