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Recording Available, August 10, 2017 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Jul 29, 2017.

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  1. monica1

    monica1 Administrator Staff Member



    Rajiv S. 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.

    -------------------------------------------------
    Conference Dial-in: : (202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30 PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: August 24, 2017
    -----------------------------------------------------
    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 by a moderator: Aug 11, 2017
  2. dsm918

    dsm918 Registered Users (C)

    Hi Rajiv,

    My questions are related to EAD Renewals.

    EB2 Priority Date: November 2009
    Current EAD falls under the C09 category
    Current EAD Expires Jan 2018

    1) Do I qualify to apply 180 days before expiry of the current EAD? The lawyer for my employer insists it is still 120 days.

    2) I have travel plans in October this year for 8 days outside the US but the lawyers for my employer advised against traveling for the entire duration of the EAD renewal application - From application to receiving the new EAD. I understand I have to be present in the US when the EAD renewal is applied for but why do I need to wait for the new EAD if my current EAD is still valid till Jan 2018?
    Here is exactly what the lawyer "With regard to your inquiry for travel after EAD renewal has been applied for, please note that recently, there has been additional scrutiny with respect to AP renewals, where if the applicant travels during the pendency of renewal, the immigration service may deny the application"

    3) If I apply after returning from my travel in October, that will leave around 86 days before expiry of current EAD. There is a high chance that my new EAD may not be approved before the expiry of the current EAD (Jan 2018). Am I eligible for the automatic EAD extension based on my current EAD category of C09?

    Thanks.
     
  3. Catchram12

    Catchram12 New Member

    Hello Rajiv Ji,

    I had the following questions;

    1. Can the company file H1B based on approved I 140
    2. I have my priority data of 2010 on EB2. Where can I find the most updated information on when my PD might get current.
    3. I am on L1B visa and transferred to US couple of years back. My question is should the employment in India be valid/open during my stay in the US? or is it fine if the employment back in India is closed after final settlement. If the employment can be closed post transfer to US, can the company still file L1A provided the criteria is met?

    Thanks,
    Ram
     
  4. jainus99

    jainus99 Member

    1. How much time Prevailing wages are taking for Illinois state now a days ? my company filed my Prevailing wages at 20th July 2017, company HR is saying it will take 6 to 8 month to get Prevailing wages approval. i am not sure that time line it true or not.


    2. If company start parallel advertisement then how many months advertisement will be valid ? ( company HR said that if they will file advertisement then it will expire before prevailing wage will received ). can you please guide me how it works and what is best approach to same time in advertisement and Prevailing wages.


    3. HR told me they can't start PERM preparation parallel they can start PERM preparation once they will get Prevailing wages, as per my understanding that Prevailing wages will get amount only but they can parallel complete rest of preparation on PERM (Labor )
     
  5. jainus99

    jainus99 Member

    I recently join my client full time and they have transfer my H1-B and H1-b is valid till Feb 2020.

    I am planning to visit India and I need to go for visa stamping in Oct 2017.


    1. Right now any issues with H1-B - visa stamping ? any large rejection on visa stamping ?

    2. What all documents I need to carry with me ?

    3. Where i can find questioner to prepare for visa stamping interview ?
     
  6. arjung

    arjung Registered Users (C)

    Rajiv Ji,
    Thanks for your excellent service through this forum.
    I am a US permananent residence (Green card holder) working in the US.
    I have plans to get married to bride from India.
    Family based second category GC (F2A) can take time.
    Here is my plan to live together with my after getting married in India.

    1) After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate.
    Do you see any challenges in my wife's tourist visa application get approved?
    2) Wife travels to US with tourist visa and live me with me for 6 months. Then go back to India and re-enter US to stay for another 6 months.
    This completes 1 year of wife stay in the US.
    3) After 1 year, I would get a job in India and relocate to India with my wife.
    4) Only after my reaches to India after 1 year, I would apply for Family based second category GC (F2A).
    Do you see any challenges in my petition for my wife's F2A GC get approved?

    5) Until F2A gets approved (expecting it will take 2 to 3 years), myself and my wife would live in India and then move together to the US.

    How does above plan look?
    Thanks again for your great service to the Indian community.

    Thanks,
    Arjun
     
  7. SK2008

    SK2008 Registered Users (C)

    Hello Sir,
    My GC priority date is Aug, 2009 in EB2 category. I have EAD since 2012, and also maintaining H1B as well. I didn't use EAD so far. Now I wanted to use EAD.
    Can I work for any company on hourly W-2 by using my GC-EAD? If yes, when USCIS issue RFE for employment verification letter, is it ok if company provide the W-2 hourly rate in letter? Do you see any impact of working on W-2 with EAD?

    Thanks
    SK2008
     
  8. jainus99

    jainus99 Member

    Hello sir,

    I am not able to edit my already posted question, so posting this separably.

    Recently 2 changed received, can you please help us to understand them

    1. Rules changed on LCA

    Employers and H-1B, H-1B1, and E-3 Nonimmigrant Workers Should be Very Busy this Weekend to Review the DOL Proposed Changes to Labor Condition Application Forms, Instructions, and Requirements as Well As DOL Proposed Enforcement Changes!!!


    2. Point system - how it will affect us who are already waiting for GC.

    http://thehill.com/blogs/pundits-bl...-may-cause-more-harm-than-good-to-our-economy.
     
    Last edited by a moderator: Aug 10, 2017
  9. navinnew

    navinnew New Member

    Hi Rajiv,

    I already have approved I140. For I485 how to I could change Adjustment of status to Consular Processing.

    Regards
    Navin.
     
  10. Vaibhavi Parekh

    Vaibhavi Parekh New Member

    Hello Rajivji,

    My colleague is a US citizen and she is battling an aggressive form of cancer. She recently invited her fiancé on K1 visa and they got married within the required amount of time . Her fiancé's I-485 is pending and they have an interview with local USCIS office next week. My colleague is concerned that they will deny her fiancé's I-485 because of her own health condition. Will there be any issue granting GC to her fiancé?

    Is there any clause on humanitarian ground which can grant her fiancé with Permanent residency?
     
    Last edited: Aug 8, 2017
  11. JaiVijay

    JaiVijay New Member

    Dear Sir,
    1. I am in H1B and I have EB-3 I-140 approved from Company A.
    2. Right now with Company B who did not file my PERM and they will not in future too.

    My Question:

    Can I work with Company B until "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" is current for EB-3 India and once it is current I can transfer my H1B to Company C who will initiate my PERM.

    Any RISKS of waiting until "DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS" is current??

    Or do you advise me to do the H1B transfer to Company C now??

    Please advise

    Thanks
    VJ
     
  12. Dhru Parikh

    Dhru Parikh New Member

    Hello Rajiv ji

    On H1b I was working with Company A till Feb'17 and my I-94 (I-797) with company A expired on 9th March 2017.
    Filed new petition with Company B on 10th March 2017 and got denial on 9th May 2017.
    Filed new petition (consular processing) with Company C on 1st June 2017 and still pending.

    1. Am I accruing any unlawful presence? Do I need to leave US under adjustment of status?
    2. 180 days period counts from last denial or expiration of I-94 or after 60 days grace period of I-94 expiration?

    My spouse is on H4 under my petition and due to daughter's neuro medical condition she can't leave US for visa stamping. Can she apply for B2 (visitor) visa being in adjustment of status situation?

    Thank you
     
  13. Deepthi Kandukuri

    Deepthi Kandukuri New Member

    Hi Sir,

    I'm on H1b valid till Oct 2017 (applied for extension in May 2017) and have an approved I140 for more than 180 dates with priority date Dec 2014 under EB2. I am planning to change my employer (Non-profit organization) so I have few questions for you:

    1. Does new employer (non-profit organization) have to file new H1b or apply for H1b extension for me?
    2. Once I take the new job, does the new employer need to file green card PERM and I140 again? or can I port my approved I140 to new employer?
    3. The new employer is willing start green card process under EB3, I know that my previous priority date will remain the same but will anything else change by starting the GC process under EB3?

    Thanks for your advise,
    Deepthi
     
  14. Syed Sabahuddin

    Syed Sabahuddin New Member

    Hi Rajiv, My question is about Citizenship interview which I have after one week. Every thing seems to be good except no. of visits out of US. I have visited India 2 times and Canada 13 times during last 5 years. Duration of visits in under 6 months. The purpose of visits was to meet relatives in India and my son & family in Canada. Please advise acceptable explanation in this case.
     
  15. immgnhelp2014

    immgnhelp2014 New Member

    Question Regarding Mailing Address for I-751( Removing Conditions on Green Card)

    Hi Rajiv Ji,

    Thanks for your excellent service through this Conference Call.
    I have used the help of BIA(Board of Immigration Appeals) Accredited Representativefor filing my I-751 .
    I am unemployed currently & Actively looking for opportunities at the current location as well as the other Locations within USA.
    I am not sure at what location I would be getting Employment .
    For this Reason I have used the Mailing address of "Accredited Representative's " & the Physical Address
    that of my "current Location"(on I-751) so that all the Communication to/from USCIS would be at the "Accredited Representative's address"( which serves as the safe mailing address on the Petition ) for the Removal of Conditions Process till I receive the Permanent 10 Year Green Card.
    My current processing center is "California Service Center" for the state I am currently located .
    In a situation that I move to a different State for Employment which has a different jurisdiction( Example : Vermont Service Center) than the current one ,
    I would still continue to keep the BIA Accredited Representative's Address for all the communication as it is safe & as Changing the Jurisdiction would only delay the Process.

    I have the following questions for you.
    1) Irrespective of where I get my Future Employment( which has a California or Vermont Service Center for their Processing), As per the Law do I need to update my Physical address with USCIS or not ?

    2) In General , does your Law Firm or other Law Firms use their Office Address for "Mailing Address" for their Clients with regards to any such Immigration Petitions ?

    Thanks for Your Advise.

    Sameer.
     
  16. H1B Aspirant

    H1B Aspirant New Member

    Dear Rajiv Sir,

    I had my H1B petition approved in 2016 but i didnt used it at all ( not even for a single day i used it, i entered US on H4). Later my H1B petition was revoked after OCT 1 2016 when i left my job. At present I am in US on h4 dependent. Now say if my spouse ( H1b holder ) gets her I 140 approved can I activate /use my H1B as a CAP exempt?

    Note - Earlier i tried filing it under CAP exempt but they denied saying I am NOT cap exempt case...your inputs and guidance is needed here..Thanks have a good day.

    Thanks
    Shankar
     
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