July 23, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

Rajiv Khanna, US Immigration Attorney, hosts a Free Community Conference Call for all of you, every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions, Dial in No: (202)800-8394. Everyone, whether or not a member of discussion forums, is welcome to call in and ask questions or just listen live or listen to the recording for the call posted at the end of the day. Note that we answer posted questions and follow ups first.

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Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 06, 2015
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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
 
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Good Morning Rajiv,
I am Canadian citizen on TN visa here in USA currently working. My question is that can I work as a independent contractor on 1099? I have created a LLC company here in US specifically in Michigan and want to get paid on W4 instead of W2. Is it possible?
Thank you
Muhammad
 
HELLO SIR
I AM A US CITIZEN MY FATHER LEGALLY ENTERED US IN 1989 BUT SINCE LOST HIS PASSPORT AND DOES NOT HAVE ANY OTHER PROOF THAT WILL SHOW HE ENTERED US LEGALLY.IN THE PROCESS OF LIVING IN THE US HE WAS ABLE TO GET A WORK PERMIT USING WHICH HE DID MAKE A TRIP TO HIS COUNTRY IN 1998 USING A NEW PASSPORT ,CAN HE USE THE ENTRY HE MADE IN TO THE UNITED STATES AFTER VISITING HIS COUNTRY FOR HIS ADJUSTMENT OF STATUS APPLICATION PROVING HE ENTERED US LEGALLY SO THAT HE DOES NOT HAVE TO LEAVE THE US BECAUSE AS FAR I UNDERSTAND A PERSON WHO ENTERED US ILLEGALLY CANNOT ADJUST STATUS WHILE LIVING IN THE US HE HAS TO GO BACK TO HIS COUNTRY AND FACE 3 AND 10YR BARS .MY I-130 APPLICATION FOR MY FATHER HAS BEEN APPROVED .MY FATHER CURRENTLY IS OUT OF STATUS.
APPRECIATE YOUR REPLY
THANKS
 
Hi Sir,

I am an Indian citizen and visited USA on my H1B visa. I was there from January 2012 to June 2013 and came back to India after that due to personal reasons. My H1B visa expired in the month of August 2013. Currently, I am working for a new employer in India but wish to work in USA again. Is there any hope for me on my existing visa in terms of getting it renewed with the new employer and travelling on it? What all do I need to get done (by me and my new employer) to enable my wish to work in USA again? Is there any advantage that I can take of me having visited USA earlier or will it be a fresh start?

Kindly let me know.

Thank you in advance.
Pankaj
 
HELLO SIR
IN MY MY EARLIER QUESTION I FORGOT TO MENTION THAT I HAVE UNDER FOIA REQUESTED FOR ENTRY RECORD OF MY FATHER IN 1989 IF THEY ARE ABLE FIND THAT INFORMATION THEN I CAN APPLY FOR LOST I-94 .IF THE RECORD CAN'T BE FOUND THEN CAN I USE HIS ENTRY HE MADE IN 1998 AS A LEGAL ENTRY FOR HIS ADJUSTMENT OF STATUS APPLICATION
THANKS
 
FAQ: H-1B Employee, telecommuting/working from home
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Sir,

I entered US on Jan 2011 on F1 Visa, completed my Masters and am now working for a reputed US organization since May 2012(OPT start date: May 2012, H1B start date:Oct 2012. H1B till : Oct 2017).

My work does not require me to go to office, so I work from Home. Now I am planning to visit India next year and get my Visa stamped.

My Questions are
1>Can telecommuting job cause any issue during Visa stamping? I heard someone was asked "if you can work from home, why cant you work from India?". The organization I am working for, has offices in India.
2>Do I need any extra evidence to prove that I am telecommuting, therefore not within commuting distance from my office?
3>I am married. Would you suggest to go alone to India for Visa stamping and in case of rejection comeback on H4 or will it be good to go as a family. My husband is also on H1B.

Thanks
Lipi
 
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Hello Mr. Khanna
I have entered US on H1B in Sept 2009 for residency. As I have changed employer several times after I finished my residency, my green card application was never filed. Now I have made an application to switch to J1 status (on March 2015, decision is still pending) as I am doing a fellowship and will fall short of several months of the duration of the course.
My question is if I get a job on J1 waiver once I finish fellowship, do I still have to satisfy the 365 days-of-outside-US rule between two H1B status. As you know J1 waiver is not a status and I will be on H1b status during serving my J1 waiver.
Secondly, if this is the case is there any way out i.e. to start working on J1 waiver without leaving US physically for 365 days?

Thanks so much
Himadri
 
Hello Mr Khanna,

I am currently on I-485 pending status priority date Dec 2006 in EB3 category. I am maintaining my H1B status and also have EAD. I am continuing to work with same employer that filed my GC. My I-485 was filed on summer of 2007, I have B.Tech degree and 10+ years of IT experience in US. Since GC on EB3 is progressing very slow what are my options to convert to EB2 or for faster GC processing?

Thanks a lot. Greatly appreciate your time and help.
 
Hi Mr. Khanna,

I am an Indian citizen, currently doing my Masters (research program) in Canada on student Visa. I am an Electrical Engineer, worked in an Indian company for 3 years in the areas of technology research and development. I interviewed with a very big company in the US and I was selected for making a job offer. During the initial talk, I was told that if they find me fit for the role, they will take me on H3 visa and sponsor H1B in the April, 2016. Unfortunately, when I sent my passport copy for H3 visa processing, their immigration team told they cannot bring me on-board with a H3 visa as my situation and job role doesn’t meet the H3 visa requirements.

I am very passionate about this company as there is an amazing learning opportunity and the role they offered is a perfect fit to my past experience and education. Even the HR told me that I am a perfect fit to the role and they will keep exploring options to get me on-board.

I am more likely to graduate by December 2015. With my current situation, I request you to kindly suggest me any possible options to get my dream fulfilled to work for this company.


Thanks for your time and consideration.

Gautam
 
FAQ: Applying for H-4 EAD while H-4 is pending
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Hello Mr. Rajeev

I am on H4 visa and my husband is on H1 visa since 2008. we have an approved I-140 and have applied for a three year extension on the basis of approved I-140 on may 8 ,2015 ,but we have not got any confirmation from USCIS yet, so my concern is that can i apply for a H4 EAD before our visa extension is approved.

Thanks
Shivani
 
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Hi Rajiv Ji,

My Case details:
Company A: Presently working with this company, my new Labor approved, yet to file I-140 (EB2). I also have a Approved EB3 I-140 (PD May 2008) with this company.
Company B: Future Employer - My Labor & I-140 (EB2) approved, they are preparing to file I-485 since I have old PD.

Questions:
1. I have a plan to visit India in September, by the time if I get Advance Payrole papers. Can I use them to come back and still work for Company A on my existing H1b till I get my GC?
2. Is it safe to join Company B once I get EAD card or Should I wait till I recieve my GC and then join?

Thanks,
Lokesh
 
Hello
My sister filed I-130 for me and my priority date is June 19, 2013 (and this could take more than 10 years).
I am a F1 student and my sister is looking to hire a nanny and I am wondering if my sister could sponsor me
as a nanny to work for them since they want someone that speaks our native language and know our culture.
Will this impact my I-130 already filed ? Or is it better to just wait for my priority date ?
I would appreciate any help. Thank you so much.
 
Hello Rajiv,
This is regarding my brother
Please find below the dates, where he stayed in US, on L1B and H1B visa.

He Came to US on April 11th 2008 then left US on March 19th 2010 = 1 year 11 months and 9 days -- (L1B)
Came to US on Nov 20th 2010 then left US on March 19th 2011 = 4 months (H1B)
Came to US on April 9th 2011 then left US on Oct 9th 2014 =3 years 6 months and 1 day (H1B)
Total is 5 years 9 months and 10 days in the US.

Now he want to come back to US after 1 year of his stay outside USA, that is around Oct 10 2015, so my question is whether he'll be eligible for quota exemption for another H1B term ( 6 years). And during his previous stay, he didn't even started Green card process so he don't have any I140 or even Perm labor.

I would appreciate your suggestion . Thank you so much.
 
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Hello Mr. Khanna,

My visa ( total 6 years ) got expired. my employer said he has applied for my green card but recently I found out that nothing has been done yet except they decided the job title. I am currently on h4 visa.
1) can I find other new employer and ask him to file the GC for me?
2) is there any risk from immigration office(such as audit) since I worked for six years with one employer and filing GC with other employer.
3) once the the new employer files GC, can they use my old h1b number to file new h1b after perm is pending for 365 or approved. so that there is no need to apply through lottory or new h1b
4) can my old employer cancel the h1b visa though it is expired

Thanks
Max
 
Hello Rajiv,
First of all, I would like to thank you for all your help.

My question is regarding new LCA/Amendment.
Currently I am on H1B and working remotely. My H1 LCA is using my current home address which is accurate. But I plan to move to different apartment in same county and according to uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision# there is no need to file for a new Amended H1 Petition or new LCA if I move within MSA.

A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC.

My Question:
What exactly is MSA? Is it same as county or is it based on Zip code or something else. Where can I get this information?

Thanks
 
Dear Mr Rajiv,
I was in the US on H1B during 2007-08. I changed job and got my H1 transferred to one of the employers in US. New I-797 had an expiry date in mid 2011 against original H1 B which was due for expiry in 2009. This is July, 2015 and more than 6 yrs from my last travel when i'm out of US.
My transferred H1B was never stamped. My question is, can i renew transferred H1B under Cap Exempt for remaining 5 years on it?

Thank you,
Manish
 
Hi Rajiv Ji,

My name is Sameer . I have my CR-1 Visa Interview at Mumbai ,India on 14th August 2015. I was in USA for 7 years before I had the Admission Withdrawn in Sept , 2013.
I have the following questions for you

1) Can NVC change the Interview Location from Mumbai to New delhi at this Point of time .The reason Iam looking for change is that It seems
at Mumbai Consulate my US Citizen Wife cant accompany me who is on a visit to India .

Thanks,

Sameer
 
Hello sir
Thanks in advance for your services
I am a GC holder for last 4years and 9 months, staying with my son, and wish to apply for citizenship in mid August 2015 when my physical presence requirement ( 913 days ) will be completed.
I have 2 questions about eligibility .
1) I was out of US ( visited India) every year of GC from 4 to 8 months(twice ) but still will be completing 913 days before 5th anniversary of GC. Will this affect my eligibility.
2) do I need to submit any other supporting documents other than asked in filing procedure to strengthen my case.
I am and will be staying with my son. Hence no own residence or source of income
Pl advise. Thanks
Arvind Apte
 
Hi Rajiv Sir,

I tried searching for information related to Temporary Protected Status and found very little information about it. So I have a couple of question i would like related to it.

1. I am currently in F1-OPT status which is till Sept 1, 2015 and I have filed for Extension which will take the OPT to Jan 30, 2017. With this Can i apply for the TPS designated for Nepal. And how would this effect my current status.Will I be able to continue on my F1-opt status as long as i Apply for TPS and not use the EAD from TPS.
2. I am planning to have my wife who is in F2 status to apply for TPS and apply for EAD through TPS, How would it affect her F2 status. Will she be ok to come back to F2 status after the TPS expires as long as i maintain my f1 status.

Eagerly waiting for your advice.

Shashank
 
Hello Rajiv,

I have completed my 6 years on H1B in August 2014. Before that my employer filed my PERM petition under EB2 but it was filed in September 2013 and later I got random query on PERM I was not eligible for the H1B extension. So I changed my status as dependent. Now this year in April my PERM was approved but my employer is denying to apply for I-140 stating their last two years tax returns don't have enough financial fund to support my green card. So now I have questions (1) Is there any way that my employer can funding issue and apply my I-140? (2) If they apply for my I-140 and in case it get rejected, will that impact other I-140 applications filed my employer? (3) Can I opt for further study, get admission in MS, and apply for F1 status? (4) After completing MS, do I need to exit country for 365 days to reapply for fresh H1B petition?

Thank you so much for arranging such free immigration forum and advice.

Regards,
Malana
 
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