Rajiv S. Khanna

Hello sir,
I really need you help. i wont waste yout time so i will shorten my story.
I came on M-1 visa on 26th december 2007 and my I-94 was valid till 26th december 2008. Its been almost 20 days i have overstayed. I just wanna know if I am in a trouble or not. If yes then how big. Am i gonna be baned? if yes then for how long?
my visa is also got expired on 15th jan 2009. I am really looking forward to go back home but i just dont wanna get banned and i dont want any stamp of deporting or anything on my passport. Please help me sir.
robin_xs@hotmail.com "do mail me the solution sir"

Sir.. Thank you for the great service to us all. I worked for company A, labor cleared and I-140 filed in 2001. Before I-140 clearance from company A, I joined Company B in 2001 and am here till-date, labor and I-140 cleared very late. In 2006, company A filed I485 and got cleared. Is there any legal issue if I continue with Company B and tell them I got my permanent residence card from Company A?

Hi Mr.Rajiv,

My husband went for H-1B Visa stamping in month of Dec,2008 and his visa got rejected. US consulate did not return the original I-797 petition to him. They gave back his passport by cancelling the old visa.Currently, he is planning to come back to US on H-4 visa. My question is that if he needs to re-apply for H-1B will it be a new H-1B process or does the previous H-1B will be considered?

We need your guidance for taking further decisions.

hi

Guys, I hardly ever log into this area. Please try to participate in the conferences.

Hi Mr. Khanna,
I entered US with L1B visa through detroit as my port of entry. At the port of entry the immigration officers have taken the main copy of my petition as they told me they need to keep this with them.
Please help me understand such a situation how it is going to impact me.

Thanks for maintaining such a wonderful service.

Regards
Dibya

Guys, I hardly ever log into this area. Please try to participate in the conferences.

Hi Rajiv,

I am new registered visitor. I appreciate your service and very much thankful for your conference calls.
My Question is:
1) When H1B person typically start GC at most?

Considering my case: I am on H1B. I came to US on July 2004 and stayed 428 days and left to India on Sep 2005.
Again I came to US on April 2006(after 6 months) and continue staying. I heard that I need to start GC before completing 5 yrs of stay in US. Is it true?
As I was not in US for 6months, should I consider these 6 months for 5 yrs?

Thanks for your help.

Guys, I hardly ever log into this area. Please try to participate in the conferences.

Hello Rajiv

I am a new registered visitor and wish to congratulate you for this wonderful community service of hosting a free conference call every Thursday.

Here's my query:
My wife is here on H-1B and I am on H4. Since she is 'posted onshore', her Co does not provide for her GC processing. I would like to know if she can self petition for her GC and if so, what is the exact process and approx costs involved?

I am a International student in USA since last 3 years.I am planing to travel abroad and return in a month. After comming back to USA I am planning to get married to my girlfriend who is a US citizen .My question is , 1) Is it OK to get married in 1month or do I need to wait for longer period of time after entering USA. 2) Can I get married abroad with US citizen and come back to USA and file for Green card

Hello Mr. Khanna
I just got my interview date for dec 18, 2008 just at the begining of this month and just today I get a letter from USCIS that they have to deschedule the interview because of unforseen curcumstances. I dont get it.. Why would USCIS do that specially the fact that my interview was scheduled for Jax, FL office? Last time when I was there in October they were not busy at all. What could be some reasons? And how soon would they reschedule?

Confused???
Thank You

hello sir

I've posted my question in the nov 13th conference call postings.
U had answered my question but still i mhaving doubt on that.

actually my question was

I came to US on Jan 2007 as a H4 visa holder which is valid until sept 2009. oct 2007 i got H1b approval. but not yet get stamping .sept 2007 i delivered baby. hence i couldnt get any projects and till now i dont have any pay stubs. now i need to go to India urgently for personal reasons and need to come back again after 3 months.

obviously i can't go for H1b stamping since i dont have paystubs

when i return to US can I use my H4 visa.

If yes what happened to my SSN . can i use after coming here in H4

please clarify me.

your answer

go for new stamping and come back again.

i am not clear about that.
i had a H4 visa stamping till sept 2009.

why should i go for new H4 stamping
and please tell me the procedure for applying new stamping.

thank you

varnika

Dear Rajiv,
My 6 years of H-1B status will expire in Nov 2012. My Labor Certification with my current employer (on EB3 status) was filed in November 2008. I am planning to do 3 year part time MBA program which will let me graduate in Aug 2012. After MBA graduation, I wish to take a new job (with new job duties and salary) with another company, thus re-starting my Green Card process. My question is- Will I get an H-1B status extension in Nov 2012 due to my pending Green Card process with my former employer and let me use that time extension to initiate Green Card process with the new employer?

Gaurav Agarwal

Hi Rajiv,
I am Rinku. I am here in US since 1yr and 3 months. I am in L1 visa. I want to apply for Green Card. I need to know the process. Can I apply for it and if yes then how much would it cost ? Please reply.

Thanks.

Dear Mr Khanna,
I have hopes from your blog and site. Kindly guide after reading the contents below
Thanks, Antonio

I have a bitter experience from the US consulate Mumbai, and am in a terror shock recovering from it. Just a couple of days back i had taken an appointment for a personal interview and at the end was told that they will get back to me very soon once all administrative process for the Non Immigrant visa application is completed. All the same my curiosity overtook me and i requested to know as to whether i had passed the interview. The lady officer then told me that i will have to wait as they have to check with my sponsors if they still require my services. Once i get an e mail i would then be directed to VFS office Mumbai for stamping of the visa.

Very much to my surprise the very next day of my interview a confirmed email was sent to me and i was told to come with the yellow letter given to me and the passport. I did the needful and as i was wanting to leave to Goa as this is my home town, i gave alternate address in Mumbai for passport delivery. The passport did come after 3 working days with a valid US consulate stamp visa for a year with all perfect details only to hear the very next day of delivery from my relatives in Mumbai that there was a call asking my whereabouts and whether myself has receive the passport by courier whereby my aunt said that they did receive. She was then strictly informed to tell me that the so called visa stamped is not a VALID VISA, ant that i cannot travel on the said visa, and if i do they have all ports informed of the same. My relatives then asked the caller the reason for invalidity in a days time and that too after sending him the e mail stating administrative processing was complete. The caller stated that they need no reason to clarify but to just inform me in Goa to come to Mumbai as there is technical error with passport at the US consulate at a particular given so called Extension No which has to be told at the entry point at the Mumbai Consulate.

My relatives then after calling me i lost all hopes to leave for the US. I immediately call my agents in Mumbai, and told them the incident. The agent told me to hold on till the evening. Later that day my agent did call me stating that they had sent a mail to my sponsors ( A 5 star hotel) in Pheonix, and that they have replied that they do not need my services any longer, as they also have recession in the US (wonder really how true)

I am now waiting and i am open to suggestion and advices from all you good people, as to what steps have i to venture on----or is it possible legally to initiate any litigation or move the court, and as I am in India Bombay (Mumbai) what are the contact address and telephone numbers of lawyers, or is there any other mutual way out .

Thanks
Baseurtrust (Antonio)

i want to change my user name please advise me.....

I'm little confused please help me out in replying my questions.

I'm male living in california. My VISA is valid until 2010. I'm going to get married sometime in Jan next year.I'm not very clear how to proceed for getting h4 VISA for my wife.

1.> Do i've to fill out only DS-156 and not DS-157.

2.> Does DS-156 should have her details or mine details.

3.> Fee Demand draft should be on her name or on my name.

4.> How long does it takes to get H4 visa.

Looking forward to hear ASAP.

Mr. Khanna,
If a person gets their status changed from H4 to H1B, and then the employer does not have a project or does not pay them, are they still in H1B status? If not, what do they do next?

Hi Rajiv,

I seek your advice on an urgent matter.
My wife was in the US on a L-2 from Feb 2001 to June 2001. During this time a US
company had sponsored her H-1B. The H1-B was approved. My wife went back to India and re-entered the US on the H-1B in September 2001. Unfortunately, 9/11 happened just a day later and although the US company had sponsored her H-1B they said they won't be able to pay her until she finds a project to work on. Due to the problems at that time in the US, she could not find a project and the US company did not pay her.
So, she does not have any pay stubs or any experience letter or any documents from the US company.
Now, she wants to enter the US on a L-2 since I am working here on a L-1. Since her last US visa was the H-1B, we are concerned that she might face questions at the Consulate. What do you suggest she should say when asked questions about her stay in the US on the H-1B. Is it possible that she may be denied a L-2 based on what happened almost 7 years back?