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K1 Visa

Dear Mr. Rajiv Khanna,

After applying for a K1 Visa, how long does it usually take for it to be approved?

After applying for a K1 Visa and before it is approved, can the applicant travel to the US on a valid visitor's visa (B1) ?

Once K1 is approved, does visa stamping at the at the US Consulate go smoothly?

Thank you.


New Member
Daughter completes 20 years is she eligible for L1A dependent Visa?

Dear Sir,
Within 3 months of getting her l2A she turns 21 yrs , can my daughter continue to be in the status of L2A. as long as I am on L1A? If my GC gets processed after she turns 21 would she also be eligible to be included in the familty. L1A is employee based. Does she lose her L2A status after she turns 21 and visits India and returns 3 years later? Does she have to be necessarily in the US on L2A or will she be allowed to continue her studies in India after she turns 21? My daughter turns 21 means she completes 20 years. Is the eligibility condition of 21 years true for those who have completed 21 years or those who have entered 21st year? For ex. If my daughter us 20 years and 20 days would she be eligible for l2A visa? Thanking you in advance and with best regards, VMD


Registered Users (C)
Hello Rajiv,
My 485 has been pending since 2007 with priority date of Nov 2003. If my priority dates become current do you think I would be asked to go through medical again ? What are the cases, in your experience where USCIS could come back to me rather than just approve my GC (Assuming all documentation etc was submitted correctly in 2007 itself). I am just looking to understand if they could just approve it vs come back to me only because it has been pending for so long. What have you seen in your experience in such cases old cases?
Thank you
H1B 6th Year and I130 Approved

Dear Mr. Khanna,

I will be completing my 6th year of H1b in December 2013

ETA Form 9089/Labor filed June 2013 in EB3 with current employer.

Family based I 130 approved on July 2010 - with reference classification "201 A3 INA Adult Child of USC"

Q1# What is the best option I have to stay in USA?

Q2# Should I go back INDIA and wait for family based visa ? or Get labor done and File I140 and stay US?

Thank you,
RE: OPT Experience questions for GC filing

Hi Rajiv,

Thank you very much for the answers to my questions regarding unpaid CPT/OPT work experience.

Only questions I have is:

1) My second OPT (17-Month OPT STEM Extension) includes 3 months of unpaid work in the beginning, afterward I got the paid OPT.Is it okay to mention this unpaid work experiences in my PERM filing?

Thanks again.
PERM Denial and Motion to Reconsider issue - Need suggestion

7+ Experience in IT. H1B 2.5 Years left. My PERM was filed in Aug 12, EB3. Got Audit in Nov 12. Got denial in July 13. My employer is not sharing the audit/denial reason with me saying it is company confidential.

Now my employer has filed Motion of review with CO ( certifying officer ) in July/Aug 13. They say this process is expected to take 18-36 months on an average.

1) Is it really takes this long, 18-36 months for this review? How many chances ( roughly percentage ) to get this denial concert to approval?
2) Is it legally allowed for my employer to start fresh and file PERM again? Is it worth forcing my employer on this ( Not sure employer will agree as they are not very supportive). Will new PERM result may get affected by the current denial?
3) Is it beneficial if I change the job and my new employer file fresh Perm/GC? will this current denial
may affect new company's PERM/GC?

I am really confused what to do here. Should I wait or should I start searching for new job?
Any help/suggestion would be very appreciated.



Registered Users (C)
Hi Rajiv,

Thank you for all that you are doing for the immigrant community through this effort.

I recently received my GC 9having applied in Aug 2007). My Wife's was just filed this month and we are currently getting the ffingerprintng done.

I received my GC for the job to whch I ported under AC21.

Two questions at this time:
1. How long do I need to stay in the position with my current employer after receiving the GC?
2. After how long can I try to move to a different position in the same company?
3. After how long can I switch companies?



Registered Users (C)
I-140 Job Change

Dear Rajivji

I had asked a question earlier about change in job after I-140 approved and H-1B beyond 6 years already. As per your advise, it was possible to do so.

My question is, if I get such an opportunity, do I need to just submit the I-140 approval photocopy or anything else? I may not be able to get the entire petition or original I-140 based on our company policies.

If anything else apart from I-140 is required, what are my options?



Staff member
I already have a approved H-1B and an approved I-140 application with a Priority Date of July 2010 through EB-2.
I want to go independent and start my own company.
How does Entrepreneur H1B Petitions work? Have you had success in working with clients for these?
What are the criteria to apply for it?
Is application of the Green Card under the start up a possibility?
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