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Recording Available, April 07, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Mar 25, 2016.

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  1. 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: [​IMG](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.

    -------------------------------------------------
    Conference Dial-in: : [​IMG](202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: April 21 , 2016
    -----------------------------------------------------
    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.
     
    Last edited: Apr 9, 2016
  2. yeber

    yeber New Member

    Dear Mr. Rajiv,

    Thank you for taking my question.

    I am on H1B and My project/job is going to end on April 29,2016 (Friday). And, I have my H4 approved effective May 2, 2016.
    I will get Salary slip from 1 April to 30 April.

    Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip)


    Note: I have my H4 approved effective May 2,2016.

    Please advise.

    Thanks,
    Ray
     
    Last edited by a moderator: Apr 7, 2016
  3. Maanasa

    Maanasa New Member

    Hi,

    I am currently on my OPT extension which ends on May 1 2016. The new rule to extend the extension by 7 months will be effective from May 10th 2016. My question is whether or not I can apply for this 7 month extension. If yes, when will I need to send the application for it. If I send it before May 10, will it still be considered for processing?

    Note: The company I work for is applying for an H1, The extension will be a backup, if my H1 doesn't get picked up in the lottery.

    Thanks,
    Maansy
     
  4. mohan1983

    mohan1983 New Member

    Hi Rajeev Sir

    My spouse traveled to USA from India on H4 visa on December 2015, She has approved H1B petition which we had applied during last year H1B quota with start date Oct 2015. But as she did not want to start work immediately she has joined me on H4 Visa.
    - My question is will her H1B petition have any validity period like 1 yr 0r 3 yrs. If yes where can we check the same.
    - Also how soon should we have to activate her H1B petition before it gets void.
    - If she wants to start working from 2017 can we still use the approved petition from 2015 to do Change of Status from H4 to H1B.

    Thanks
    Mohan
     
    ssentamu richard likes this.
  5. dvnlgs

    dvnlgs New Member

    Hello Rajiv ji,

    Hope all is well!

    My parents landed in the US on March 19th on B2 visa. Their entry stamping on the passport does not have an "until date" entered. Can you please advice what action should be taken? Thanks much in advance!
     
    ssentamu richard likes this.
  6. ssentamu richard

    ssentamu richard New Member

    i need to know how much does us citizen visa costs and if yes i need a wire transfer to deposit money
     
  7. Nishbal

    Nishbal New Member

    Hello Rajiv jee,
    I got h1b started from October 2010 with company A. I was able to get i140 with them within first three years. In 2013 I switched to company B and they were able to extend my h1b beyond 6yrs limit till December 2017. My wife is on h1b visa. Now company B is going through tough time because of oil crisis. If I loose my loose job today. Only option I can consider is to switch to H4 as dependent on my spouse. The question I have is if I get another job offer, would I be considered against cap or I will be cap exempt if I apply cos from H4 to H1B.
     
  8. SM1080

    SM1080 New Member

    Dear Rajiv ji,

    My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H1B expired in 2007 and since then I have been working in the US on my EAD.

    My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824.

    Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India?

    And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?

    I'm happy to setup a further consultation for the specifics of the case. I am seeking overview guidance as there's so little written at all on my specific situation.

    Sincere Regards,
    Sachin
     
    Last edited by a moderator: Apr 7, 2016
    ssentamu richard likes this.
  9. Srini_009

    Srini_009 New Member

    Hello Khanna Sir,

    Visa Status: F-1 OPT


    I applied for OPT EXTENSION and it was denied because I sent wrong INCORRECT fee. I sent wrong cheque because the information available in our school website is incorrect. I informed my school about the issue once I got my application back from USCIS; so DSO gave me a cover letter stating it’s was happened due data discrepancy in school DSO website and don’t penalize the applicant.


    And I have sent my application to USCIS again, with the same OPT Extension I-20, new cheque, letter given by the DSO and remaining all supporting docs. As per USCIS, it must receive the application within 30 days of when the I-20 is singed by DSO.


    In my case it was received after 38 days (second time). It's been over 120 days since USCIS received my application, but it is still in pending process.



    In case if they deny/reject my application, what are the options I’ll have to remain in United States?


    Can Appeals and Motions will help me to reconsider/reopen my application and what are the chances of getting it approved through appeal/motions.



    Thanks for the Advice Sir.
    Sri
     
  10. LuckyMan90

    LuckyMan90 New Member

    Hi Rajiv,

    I got a OPT rfe recently. If I have a short semester of study not physically attend the school, can USCIS detect this fact? I have transcript and parking permit student ID during that semester. But I cannot provide an address. Can I use my friend's address? I was transferred out of that school after half year. Will that be a big problem?
     
  11. solomon07in

    solomon07in New Member

    Hi Rajiv,
    I have two questions and have listed below

    1. I got my EAD and moved to another company after 180 days and also filed AC21 but now my previous company is saying that they will be revoking my 140. Will that be a issue ? and can I also move to some other company in future if 140 is revoked

    2. I also got another offer right now and the job title is computer analyst which is 15-1121 as per Soc code and current job as per 140 is 15-1132 (software developer, applications) please let me know where this will be a problem while adjudicating
     
  12. Riya7284

    Riya7284 New Member

    Dear Sir,

    I am currently on H1B and have an approved H4 Effective 15 July 2016.

    As part of my H4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I539 and I765 will change status, we cannot give an earlier start date than what is shown on the I129 approval notice."

    If my project ends on 13 May 2016 , should I leave the country as my H4 effective start date is 15 July 2016 to maintain legal status ?

    Thanks
    Riya Sengupta
     
    Last edited by a moderator: Apr 7, 2016
  13. REMOSCHWASIER

    REMOSCHWASIER New Member

    Hi Sir,

    I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. please see the RFE description and labor certification details below.

    "Is USCIS not certain that I have met the educational requirements of the labor certification position"? i can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "

    Once I have documentation that NEW NAME and OLD NAME are the same person, Is USCIS accept my educational documents? please help me on this situation.


    I am in 6th yr H1B expired on Sep 23rd 2016.


    -----------------------------------------------------------------------
    Please see the below information in my Labor certification

    4. Education: minimum level required – Bachelor
    4B. Major field of study – Comp Sci, Info Sci, Math, Stats, Economics, Industrial Engnrng, Operations Research, or related
    8A. If Yes, specify the alternate level of education required: Masters
    8C. If applicable, indicate the number of years experience acceptable in question 8: 2
    10A. If Yes, number of months experience in alternate occupation required: 60


    RFE
    =======
    EDUCATION

    The form ETA 9089 you submitted indicates in section H, box 4 that a bachelor's degree in Comp Sci,Info Sci, Math, Stats, Economics, Industrial Engnrng, Operation is required for the position. In the alternative, questions 8, 8-A and 8-B indicate that a master's degree is acceptable. You submitted Bachelor of Science diploma from the University of x and a Master of Science diploma from y University. Both diplomas were issued to OLD NAME.

    USCIS notes a discrepancy in the beneficiary's name between the Form 1-140 and diplomas. Submit evidence showing that NEWNAME and OLD NAME are two names used for the same person.

    Evidence of a name change may include, but is not limited to, a birth certificate, marriage certificate,divorce decree, death certificate (of the spouse whose name you used), adoption decree, or court order. The evidence must be registered with a civil authority.

    Using a modified version of your name for an extended period of time is not acceptable proof of a name change. Note: Affidavits will not be considered primary evidence in order to establish a name change.

    USCIS is unable to determine if the beneficiary has met the educational requirements. Submit additional evidence which establishes that the beneficiary meets the educational requirements for the position as stated in the ETA 9089 as of the priority date of August 5, 2015. This evidence must be in the form of an official record from the institution showing the dates of attendance, area of study and date of degree award.
     
    Last edited by a moderator: Apr 7, 2016
  14. Sandeep Aggarwal

    Sandeep Aggarwal New Member

    Hi Rajiv
    I got B1/B2 visa first in 1999. I came back after 1 & 1/2 mths. Again I got B1/B2 visa in 2001. I overstayed for 16 mths. I went there for doing CPA. My brother-in-law is a US citizen & he applied for F4 visa category for Immigration visa making my wife as principal applicant. Now our case is cleared by NVC & scheduled for Interview in Delhi embassy. I have some doubts in my mind due to overstay though it is already 13 yrs ago.
    1. Can I be denied immigration visa?Is there any way out
    2. What type of questions can embassy consular ask & reply I shall give?
    Thanks
    Sandeep Aggarwal
     
  15. sri7979

    sri7979 New Member

    Hi sir,
    I applied for opt stem (I-765). I specified my start date as feb 8/16 and end date is feb 7/17.My application reached uscis on nov 25/15.I applied before 74 days of start date.They sent opt card with start date as mar 23/16 and same end date as feb 7/17.The max processing period for approval request is 90 days.They took more time(nearly 120 days) than usual time.Due to this,I almost got 10 month opt period instead of 12 months.

    When I tried to reach uscis customer service, they intimated to reach local uscis office(I couldn't make an appointment to this local office in the official site, it says they don't have any appointments to this local office).

    Can I make any appeal/request to uscis in this regard to add this period of 2 months ,either in this same opt period or in the next extension period.Can u please help me ,what procedure do I need to follow.

    Thank you for your time....
     
  16. sbsn

    sbsn New Member

    Hi Rajiv,

    I got my 485 approved but received second RFE for my wife on bona fide marriage.We haven't received the letter in the mail yet so we don't know what evidence have they are asking for.

    Is it a normal thing to receive second RFE? Will it have 84 days, like the first RFE, to respond to?
    Would it to be ok to be travelling overseas (an urgent case) without responding to the RFE? I haven't received the card yet. I was told I can get the stamping if needed to travel and she can use her AP.

    Because we don't have the letter yet and we really need to make that trip we can't seem to decide to what to do. If there were to be an interview, will we normally be given a notice?

    Thanks,
     
    Last edited: Apr 1, 2016
  17. husam2500

    husam2500 New Member

    Hi , thank you for taking my question

    i was granted a temporary green card based on married to US citizen on April 10th 2013
    I filed i-751 to remove the conditions on January 23rd 2015 , did the bio on Feb 18 2015 still till now no sign on my case !
    on January 26th 2016 i filed my N-400 , did the bio on Feb 22 and till now no sign also ! i did an info pass to renew my green card extension on last February , the immigration
    officer told me i-751 application could take years to be resolved even with the n-400 still pending . Now my attorney who pushed me to file N-400 said when they gonna call you for the citizenship interview they will resolve both cases together , But when i told that to the immigration office he said NO NO each case will be resolved individually ! iam so very Frustrated from the whole thing , Normal processing time for i-751 is 6-8 months , it has been 14 months already ! Please advice ! Thank you
     
  18. krish2016

    krish2016 New Member

    Hello Sir – On march 23rd I have received I-485 RFE email notifications for myself, wife and son. My son got physical mail on March 28th. Till today myself and my wife didn’t receive any physical mail. Please guide us what are the options we have if we don't receive the physical mail. What is the best way to contact USCIS to get the information on time.


    Thanks,

    Krish
     
  19. myslad

    myslad New Member

    Hello Sir,

    Have received "Intent of Revoke" notice from USCIS for Company A - H1 B visa. Moved to new client but new LCA was not updated / H1B amendment was not filed from employer. We have given 30 days to respond to notice.

    What are my options. ?
    1) reply to notice
    2) reply, and move to new company
    3) do not reply, and move to new company

    Questions:
    1) Another Company B is ready to process my H1B immediately.... Earlier invoke notice will affect new h1b, if we not responding to notice
    2) Moving to new H1B, will there be any issues due to earlier notice
    3) what are proper other options.
     
    Last edited: Apr 4, 2016
  20. potterp385

    potterp385 New Member

    Hi Rajiv Ji,

    I am on H1B for past 3 yrs with approved I-140 in EB2 with Jan 2014 Priority Date. Till now I have worked for profit organization Company A.

    Now I got an offer from Company B(non profit) who will transfer my H1 and sponsor GC in EB3.

    1. Say i got Transferred to Company B and 4 years down the road . If i have approved i140 and I would like to move to Company C( profit Orig) . Will i have any issues moving to Company C. How does that impact my H1.


    2. New company is doing GC in EB3. I am from INDIA and there is huge backlog for EB3. Current Company A agreed to KEEP my EB2 GC active. If I moved to company B . and 8 years down the road. if my 2014 EB2 Date becomes current. How can i safely acquire GC. Would please explain the steps

    a) during i485 am i supposed to be an employee of COMPANY A .

    b) If my date becomes current. At what stage i will have to go back to COMPANY A to get GC
     
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