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
- Employment Green Card
- Employment Based Green Card Overview
- PERM
- I-140 Immigrant Petition for Alien Worker
- EB-1 Extraordinary ability
- EB-2 Advanced degrees, experience
- EB-2 National Interest Waivers
- EB-3 Bachelor's degree, skilled workers
- EB-4 Religious Work
- EB-5 Investment Green Card
- Professors
- Sample Cases
- Employment Green Card Law
- Family Green Card
- Green Card Lottery
- Refugee, Political Asylum
- CSPA
- I-485 (EAD, AP, FP)
- Employment Green Card
- Visitor/Business Visa
- Work Visa
- Family Visa
- Student Visa
- Other Visas
- Popular Info
- Visa Bulletin
- Investigations and Compliance
- What to do about Delays
- Mandamus
- Reentry Permit and N-470
- Inter-Country Adoption
- Citizenship
- Processing Times and Status Checks
- Rights of Employees
- Change to a New Nonimmigrant Status
- Free Conference Calls
- National Security Entry-Exit Registration System (NSEERS)
- Health Care Workers
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.
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.
WORK IN U.S.A
Dear Sir
I am graduate B.A and i m married having one daughter of 2.8 yrs old . I want to to work in u.s.a -i can do any type of work . I want to immigrate with my family ( me ,my wife and my daughter ) .Till today i was doing import business from china from 2004 and visiting everymonth to china from 2004 to china for buying of goods from there and then selling it in india but due to some little bit loss i will have to stop my business . I have everything viz income tax dox , balance sheets etc.
Sir now i want to immigrate to u.s.a and want to do job -any type . Can u help me in this regards
Choices to work in USA
Sachin ji, the most obvious choices are H-1 and L-1 visas. Look into those. US laws are fairly stringent in visas. Good luck!
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 job in usa in field petrochem field operator
dear sir i am working in petro chemica industries as a field operator 7 have 15 years exp with computer litrat ,operated sap system,dcs pannel operating etc. so i am intersted job in usa. i am hard working &honest person.i am married 7 have two childrens.
thanks& regards
Job as petrochem field operater
Satendra ji, lawyers should not get involved with finding jobs. That creates an inherent conflict of interest. Nothing we can do about finding you a job. Once you have a job in USA, we can assess the visa processes and advise you and your employer. You can try speaking with the people in the forums http://forums.immigration.com/ for practical guidance. Good luck!
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.