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Recording for August 08, 2024 Conference Call with Rajiv S. Khanna
FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
Guestbook Entry for Kunjal Parikh, United States
Guestbook Entry for Vimal Krishnan, United States
Guestbook Entry for abhiram k, United States
NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option
1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved to avoid any issues in adjustment of status, naturalization, etc.?
2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?
It is important to note that if you are from a country like India, you may face a long wait—up to 10 to 12 years—for a green card. After receiving your green card, you are not required to stay in your job indefinitely; you can leave for valid reasons after a few months, as long as you act in good faith.
Regarding work status for those with an approved NIW, the Compelling Circumstances EAD is an option. Still, it has several drawbacks: unpredictable, uncertain processing times, and requires annual renewal. Another alternative is Entrepreneurial Parole, which offers up to five years of work authorization but may not be ideal for individuals from India due to the lengthy green card process. Please read the articles on the The Economic Times Author Page for more information.
EB-1 Outstanding Researcher-Professor
Our client received an approved I-140 for EB-2, but, with the priority dates at a standstill, opted to file under EB-1 as well. She had three Ph.D.’s in Marketing and Management. We provided documentary evidence to show her unique specialty in the social sciences. This applicant had some significant publications but not as many of some other scientists. However, we were able to prove that, with social scientists, the data collection process takes substantially more time and, therefore, the volume of publications would not be the same as a hard scientist. We wer
Green Card
EB-1 Outstanding Researcher
The applicant had a Ph.D. (Physics), Master of Science (Physics), Bachelor of Education, and Bachelor of Science and more than fourteen years’ research experience working for several world-renowned institutions. Her discipline was Biometeorology – Atmospheric Scientist. We were able to provide substantial documentary evidence of the applicant’s original contributions that began as early has her Ph.D.
Green Card
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Immigration Under Trump, November 7, 2024
Green Card
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
EB-1 Outstanding Researcher – Ph.D. in Electrical Engineering
We filed a petition under premium processing for the beneficiary, who qualified based on his publication record, original contributions, membership in a professional society and service as a reviewer of others’ work. The beneficiary had more than sixteen years of research experience and thus had garnered an international reputation for his outstanding work. We provided letters of recommendation from various international experts in his field that confirmed his status amongst his research peers. The beneficiary had documentation to show his senior level membership in a professional society.
Ph.D. in Physical Chemistry, EB-1
We won a case following a Request for Evidence for a scientist. We were able to establish that he is an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of nanotechnology, magnetic nanoparticles and nanocomposites, nanomagnetism, thermoelectric nanoparticles and nanocomposite materials. His unique specialty set him apart from others in the field.
Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
Guestbook Entry for Narasimha Raghavan, United States
Guestbook Entry for Joseph Lesmana, United States
Guestbook Entry for Shoba Marudur, United States
Guestbook Entry for Subhash Mann, United States
Recording for June 26, 2025 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs: US Visa & Social Media: What you need to know about new screening policies and their impact
Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)
Another Problem for Legal Immigration - NTAs (Removal/Deportation Despite Legal Stay)
July 24, 2025
Community members and our lawyer colleagues have shared their stories. It appears:
1. The NTAs are getting resolved quickly, where you are still in the grace period and/or have a B-type petition pending. Motions to terminate are working.
2. The hearing dates are also being given in a few days or weeks.
3. The percentage of NTAs is relatively small.
Does Unlawful Presence Continue to Accrue While Fighting an NTA?
Can I receive a Notice to Appear (NTA) for deportation even if I have legal immigration status or a pending application?
This question is particularly important because continued accrual of unlawful presence during removal proceedings can trigger the three-year or ten-year bars, severely limiting future immigration options.
General Rule: Yes, Unlawful Presence Continues
I-485 (EAD, AP, FP)
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.