Providing immigration representation for clients from all 50 states and abroad
Law Offices of Rajiv S. Khanna, P.C
5225 Wilson Blvd , Arlington , VA , 22205 USA Ph: (703)908-4800
6 Byers Street , Staunton , VA , 24401 USA Ph: (540)886-6321
- Green card
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H2-B visa
Hi, I'm on a J-1 visa right now, but I leave the US in 16 days. I have a job offer to come back and work here, can I apply for the H2-B visa before I leave the US? So that I could come back right away? Or don't even needing to get off the the country? Thanks.
F1 visa to business visa or H1/L1
Which visa is easy to apply. Is it business visa or h1 visa
Visa O renovation
My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.
Renewing O-1 visa
You will need to have the employer apply for a new O-1 petition with USCIS, Norma.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
H-1B filing
Sir,
I need your help.
I like to file for H-1B this year on EB2 catagory
I work as an accountant with masters degree.
I am on pending I -485 staus. I filed my greencard with EB3 in 2006 and it is taking too much time.
Somebody told me that I should be on different status than pending GC. Please let me know how much should be the prevailing wage, now I am working for 43,000 a year, because I did not have much experience. Can I work part time for H-1 ? or it should be full time. I am already working full time for my prior employer. How many hours do I have to wotk for my prior employer?
H-1B/EB-2/Prevailing Wages
Tanka, there are too many holes in your information. I cannot provide you meaningful advice here. H-1B is not filed under EB-2 or EB-3 category. Those are applicable only to green cards. Prevailing wages for a job depend upon where you work and what you do. You can see this information here http://www.flcdatacenter.com/
I think you should discuss your case in detail with your lawyers or arrange for a formal consultation with us through the "contact us" link on top of the page.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Employer-employee memo
Rajiv ji, I'm a consultant and I have a letter from Prime vendor saying my employer has total control over me, including placements, a client letter which does not identify my employer, just verifying my contract, a few propriety training documents from my employer related to my work I do at client, timesheets I submitted to my employer for last 3 years. I also report to my employer on a weekly basis through phone. Is it safe for me to go India for visa extension stamping and coming back? Please advise. Thanks so much
Employer-employee memo
Sorry Kay, in this environment, it is impossible to predict.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Working visa
I´m a textile engineer working in Portugal as a Production Director,but I would like to go work to the US in the same buisness, please tell me the possibility I have and what to do in order to get a Visa for working in the US.
Best Regards
Luis
Working visa
Luis, read up on H-1B, L-1A and L-1B visas. They seem to be the most obvious choices.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
H1B layoff, H1B transfer-RFE raised, New H1B approved
Hello,
I was laid off by Company A on August 14th. I found a job with company B on October 14th. A transfer of H1B was filed by company B, but an RFE was raised asking me to prove that I had maintained my status. Since, I had no way of proving that I had maintained my status, a new H1B was filed by company B. The new H1B was approved. I have my stamping interview in 3 days. What kind of questions should I be prepared to answer? I am concerned that they might not approve my case. Please help!!URGENT!
H1B layoff, H1B transfer-RFE raised, New H1B approved
Merely being out of status is no ground for visa denial in your circumstances. Tell the truth. You should be ok on the status issue.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
work permit of USA or CANADA
M WORKING IN A AVIATION FIELD WITH EMIRATES AIRLINE AT AHMEDABAD AIRPORT GUJARAT INDIA SINCE LAST 5 AND HALF YEAR AND NOW INTERESTED TO WORK IN USA OR CANADA IF I COULD GET VISA LIKE WORK PERMIT OF THAT SO KINDLY ADVICE ME FOR THE SAME. I COULD PROVIDE U WHOLE MY DETAILS WATEVER U WANT. I DID MY BIT COURSE FROM MANIPAL UNIVERSITY ITS IT COURSE. AND THEN WORKING WITH SINGAPORE AIRLINE AND SINCE 2 YEARS WITH EMIRATES.......
work permit of USA or CANADA
We practice US laws only. All the details are on this web site.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Regarding H1B Stamping Documents
Hi,
I went to the USA in Fall, 2007 for my masters in computer science. I graduated in May, 2009 and got full-time job in a small company. They filled for my H1B and I got approval 2 months back. Now, I plan to come to Delhi in December for 3 weeks, to get my H1B stamped and go back to work. Can you please provide me a list of documents required for my case and what documents I should ask my employer to provide me? Also, is 3 weeks sufficient to get everything done. Thanks.
Regarding H1B Stamping Documents
Sharma ji, the consular web sites have complete, current list of documents and procedures. But they can ask for pretty much anything and can delay you for months, if they so choose.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Received H1B
I have received H1B (Notice of Action). I am an MBA graduate and have an experience about 2.5 years of Managerial level. But very recently I had to discontinue my job. Could I apply for visa interview with such condition?
H-1B Visa without a job
I am not clear about the facts of your case. If you are outside USA or wish to go outside USA and are asking whether you can apply for a visa stamp without a job, the answer is no.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Educational Qualification
Dear Rajiv,
I have 15 years of educational background against the requirement of 16 years for applying for an H1B.I wish to understand that if i complete a One Year Diploma in the same field as my College Degree, will this be counted/qualify? Or is it necessary to have something which would specifically mention 'Masters'? A 'Post Graduation Diploma' for an year will be equally valid or not?
Thanks a lot for your help in advance.
Regards
Sumit
Educational Qualification
A diploma that requires a bach. degree for admission may help, but a Master' in your own field is better. You can also acquire three years of experience in the field of your degree. That too can qualify you.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Stamping of H1B except for IT
Dear Rajiv,
I wish to understand from you, how difficult or easy it is to get an H1B stamped for people other than IT sector? I am currently pursuing CPA (certified public accountant) course and will be writing my exams soon. How difficult do you think can it be to get an H1B stamped after completion of this course? Is IT the only favored sector?
Thanks for your help!
Regards
Satya
Stamping of H1B except for IT - Chartered Accountant
Satya, the degree of difficulty has no quantitive scale. But generally speaking, all professionals should have the same degree of difficulty.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Filing H1B
I am working in Company A with L1 status. I filed for an H1 (FY-2010) with Company B and got it approved. Now Company A as of date wants to file for my H1 (FY-2010).
My questions are:
a) Can the already approved H1 get cancelled because of A's application?
b) Can I loose both H1's (A and B both cancelled)
c) Is there any way to retain at least one (A or B)?
Thank you in advance.
Filing H1B
You do not "lose" an existing H-1 by filing of a new one.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Filing H1B
Thanks Rajiv.
I read an article in rediff.com (http://business.rediff.com/report/2009/sep/08/h-1-b-visa-quota-still-sho... ) which quoted USCIS as:
"USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered," it said."If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition." USCIS said.
Please advise.
Filing H-1B
Scorpio,
The 'multiple petition’ case you are referring to is if ONE COMPANY files multiple petitions for ONE CANDIDATE. Some were doing that in an attempt to increase their odds of an approval when the H-1B Cap was being filled so quickly. Previously, 'duplicate' petitions and fees were returned. Now the CIS keeps all of the fees, and rejects ALL petitions for a candidate for whom multiple petitions were filed.
However, it is ok for several different companies to file a petition for ONE candidate, as in your case, because there is no attempt to defraud the Cap system.
Michelle
Filing multiple H-1B petitions
Michelle is absolutely correct.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
H2B------- RFE
Dear sir, I need urgent help/advise. I am on a H2B visa for almost 3 years .... This was supposed to be the last extension. We applied for an extension with a company... On March 31st 2009, the case was still pending until august 26th when we got a RFE. What is to be done??? Me and my boyfriend are confused... do we still have any chances to get the petition aproved or not? How long should it take to get the answer?
And can we transfer to tourist visa while the aproval is pending? I just want to leave the USA under legal status...
Thank you !
H2B------- RFE
I can give very general guidance because I do not the details of your case. When an extension request is timely filed, you are not out of status until the case is decided.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
H1 Transfer OR H1 to F1
Hi
My H1 (Company A) is expiring on 08/31/09(I have current paystubs). Company B is ready for H1 transfer since I just got a project through them.
What are the chances of H1 transfer acceptance/rejections/RFE? Will I be able to work beyond 08/31? What happens if I get rejection?
I am thinking to apply for COS from H1 to F1 for backup ( I have I-20 from one Uni for fall 09), what would happen to my H1 transfer case?
Can I revoke F1 COS if I get approval of H1 transfer first?
In short I want to do H1 to H1 but want F1 as backup (since current H1 expires on 08/31) , Is it possible?
Thanks!!
H1 Transfer OR H1 to F1
My blog has some entries about the RFE's. I feel that all genuine H-1 cases should and must be approved.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Visa for a young single woman
Hi! My sister is 20 years old, she just graduated with honors from pharmacy school in Russia. She is working as a pharmacist. She is also trying to enter a university to study foreign languages. She is single with no children.
I live in USA, I have a family here (husband and 2 children). I want my sister to live in USA. I takes 13 years to get her a green card if I petition for her as citizen relative. Can she come to USA to work and then gradually get a green card? I do not know where to start the process of helping her to be in USA with us.
Thank you,
Donna
Visa for a young single woman
Donna, as you know it takes over 10 years in the 4th family preference category. See http://www.immigration.com/visa-bulletin/205/visa-bulletin-august-2009. Your petition does not help in her getting here. She should look into an H-1 visa based upon a job in basic medical sciences.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Rajiv, thank you for your
Rajiv, thank you for your response. Is pharmacist concidered a basic medical science? I am afraid I do not quite understand what basic madical science include.
I also want to invite her to visit me as a guest, and take it from there. I am not sure, though it is a safe idea in terms of getting visa. What do you recommend based on your expirience: invite her as a guest and then apply for a H1 visa or start with a process of getting her H1 visa?
Visa for a pharmacist
First, do not consider bringing her here on a tourist visa and then converting to H-1. That type of preconceived intent could be viewed as misrepresentation. Second, if she wanted to get her H-1 as a Pharmacist, she would have to go through additional education, licensing etc. But unlicensed Pharmacists could still work in research etc. or (probably) as assistants in pharmacies on H-1. You should also consider migrating her to Canada.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Thank you, Rajiv. I will
Thank you, Rajiv. I will start with evaluating her degree.
H1B Revival process
Hi Rajiv, I have valid H1b visa till sep , and right now I am in India ....can you please help me guide through possible ways of visa extension.
Thanks
H1B Revival process (Extension while still abroad)
An extension can be had only if the employer can demonstrate that they have a definite job open for you, Devi. The rest is up to the lawyers and USCIS.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
H1b-layoff
Hi Rajiv ji,
I am currently on H1b but getting laid off at the end of July. I have been trying to find another job but since the market is so bad, I am having no luck. On top of that, I am a dialysis patient, who needs treatment three times a week. After I lose my job, I will have no insurance to cover for my medical cost. If I were a permanent resident, I would have no problem because I would be fully covered by medicare/medicaid. Please advise if there is any way I can stay in the country legally. Thank you so much!
H1b-layoff
Krishna ji, there are some detailed write ups on my blog on the options for people getting laid off. Please read.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
L1 visa
Hi there,
It seems that to qualify for an L1a Visa, one has to be employed overseas by the same employer for a year on a full time basis. How would you define "full time"? Does a work schedule of 4 days a week qualify?
Thanks!
WJ.
L1 visa
Generally speaking, 35 hours each week can be argued to be full time.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Job prospects
Dear Sir,
I have done my Bachelor's in Mechanical engineering from University of Pune with fist-class and currently working with leading branded company as a team lead in Computer aided engineering (CAE). I have 6 years of work experience. I came to know that there is huge scope for this field in USA. Now i wish to work in USA. Regarding this could you please help me to grab the opportunity.
Job prospects
Nikhil ji, we do not assist in job placements. That would be a conflict of interest for an immigration lawyer. But once the job is finalized, we assist with applying for the appropriate visas.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
I want to live and work/study in USA - Kanwarpreet SIngh
hi... my name is kanwarpreet singh. i visited united states 2 months before and i like it very much and i wish to stay over here with my whole family of four. i like usa because i see that there is a great scope of my career. please help me and let me know how i can be legaly study and work over here..??
I want to live and work/study in USA - Kanwarpreet SIngh
Kanwarpreet ji, the general methods available are all listed on our web site. Read up.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
Need to study and work abroad
Hi , i am aliya from pune i awating my result for my TYBA in psychology , i would like to do my MA in Psychology abroad .. need some help and guidance on how and what is the procedure .
Need to study and work abroad
Aliya ji, the entire web site provides information of this nature. Start reviewing student visa and work visa options. Feel free to post any specific questions you have. Make sure you post the questions in a section of the web site that is directly related to your inquiry.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.
need informations
Dear Mr. / Ms. I wish to work in the USA as a PADI Dive Master can you help me on this please.
Best regards
Budery Aliotte PADI DM
need information - work visa
For all work visas involving employment, you need to first find a job in your field. Look at the details of one possible visa here: http://www.immigration.com/visa/130/h-2-visa-tempory-workers.
Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.