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H-1 Visa

Applying for Spouse after H-1B Approval

Submitted by Chief Editor on May 14th 2013

The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

Sufficient Evidence of an Employer-Employee Relationship

Submitted by Chief Editor on May 14th 2013

If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.

Filing H-1B Petition while Passport Expires in Six Months

Submitted by Chief Editor on May 14th 2013

You can submit evidence that you have applied for an extension of your passport along with the H-1B petition.  Such evidence may include copies of any documentation sent for the passport renewal.

Case type: H-1B RFE for Confidential Project

Submitted by Chief Editor on May 13th 2013
Category: H-1 Visa
Status: Application Approved

We were retained for an H-1B petition.  USCIS issued a Request for Evidence asking for proof that the beneficiary would be employed in-house and that the petitioner has sufficient specialty level work available for the beneficiary.  No project information or agreements entered into with the clients could be provided to USCIS as evidence because of the confidential nature of the projects that the beneficiary would be required to work on in-house.  Therefore, we relied on secondary evidence supported by legal arguments.  USCIS accepted our arguments and approved the application. Albeit inconsistently, USCIS does understand that sometimes it is impossible for an H-1B employer to provide expected documents because of confidentiality requirements in their contracts with end-clients.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Guestbook Entry for Peter Thornhill, United States

Name: 
Peter Thornhill
State: 
Virginia
Country: 
United States
Email: 
Email contact form
Comment: 

Rajiv and his team are very professional and prompt in answering any questions and getting things done in a timely manner. I highly recommend Rajiv khanna for your immigration needs.

Posted on: 
12th May, 2013

Guestbook Entry for VB, United States

Name: 
VB
State: 
NJ
Country: 
United States
Email: 
Email contact form
Comment: 

Rajiv Khanna, Judi and Anna worked with my employer on my H1 work permit. They were extremely diligent and thorough with their paper work. They guided us step by step through the process. They were extremely patient and were always there to answer any queries. I would recommend this firm to any individual or a firm to handle their immigration tasks. Great job guys! Thanks 

Posted on: 
8th May, 2013

Guestbook Entry for S Nair, United States

Name: 
S Nair
State: 
CT
Country: 
United States
Comment: 

Although it was a brief consultation, all our questions regarding I-485, EAD and AC21 portabilty were answered satisfactorily by Mr Khanna. Sure to recommend Mr Khanna for any immigration matter especially if it is complex.

Posted on: 
7th May, 2013

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

Submitted by Chief Editor on May 6th 2013

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.

H-1 After Marriage to a U.S. Immigrant

Submitted by Chief Editor on May 6th 2013

Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.

Guestbook Entry for Ashwin D, United States

Name: 
Ashwin D
State: 
GA
Country: 
United States
Comment: 

I had an introductory call with Mr Khanna regarding an H1 visa and the supporting process.  Mr Khanna was extremely knowledgeable and gave me some great guidance regarding the requirements and timing.  I look forward to working with him and his team in the future.

Posted on: 
29th Apr, 2013
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