Recording Available, February 09, 2017 Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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: February 23, 2017
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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.

 

[ContactGS]

FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

Hello Rajiv ji,

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.

3) If my PERM is not approved before my current H-1B visa expires.
Would I need to go back to India?

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Please advise me and your suggestion would be a great help.
Thank you for your comments/advice in advance.

Thanks,
GS.

 

[Sanders93]

FAQ: How can a US green card holder study abroad without losing their green card?

Dear Mr. Khanna,

I am permanent resident, citizen of Poland. I want to study medicine in Poland. The program lasts 6 years. I don't want to abandon my status and want to understand if such long term abroad is possible.

1)If i am not mistaken GC holder can be away 6month-1 year. But, since I'll be out of US on regular basis, so it's best to apply for a reentry permit ?

2) If i get the reentry permit for 2 years , then reapply and if granted get it for another 2 years. I'll still need to be studying for another 2 years. Can I apply for a third reentry permit ?

2) How many reentry permit can you one receive ? Is it possible that they can deny it ?

3) I am planning on returning to the US for 3 months in the summer, and for xmas holidays. Is this enough to keep the green card active and not have it revoked?

4) Is it better to fly in more regularly and stay in the US every 5 months ?

4) How do I show ties to the US ? My mother is a US citizen. My parents will be supporting me during the duration of my studies. I'll be working in the summer in the US too , so that way I can show that I am paying US taxes.

5) Upon entry what type of documentation do I need to have ? proof of financial support? transcript? letter of admission? bank statements? car ? house?

I hope you can shed some light on this situation,
Thank you for your help in advance

Sandra

 

[HAB]

FAQ: Automatic EAD extension; I-485 EAD

Hello Rajiv ji.
I am on I 485 pending status based on EB2 and have been working on EAD since 2012. Under the new rules effective January 2017, I understand that I can file for EAD extension 180 days prior to expiration. Will EAD be considered extended automatically if the approval doesn't come before the expiration of my current EAD? Thank you.

 

[sk_fl]

FAQ: US Citizen applying for green card for brother or sister

Sir,

I am a US citizen and would like to sponsor my brother for Permanent Residency. May I request information on the below

1) How long would it take for him to get Green card.
2) If I file green card for him, does his family (His wife and kids) automatically get green card or should I file for each of them. I think I should for all. Just a question ?
3) He get a EAD (so he can start working) when I file Green Card ?
4) Once he starts working is it possible for his employer to sponsor him for his green card. Is it possible to port this application to his employer application or should we cancel this entire process and his employer starts all over
5) If his employer starts all over they have to file for his Fresh H1 visa ? He is a Phd candidate. Do these candidates fall in H1 visa or some other visa category.

Thank you Sir.

 

[seenaroxon]

Hi, Rajiv Khanna. I am a born US citizen and my husband is from Morocco. We applied for his green card right after our 3rd wedding anniversary in August, 2015. He was granted his 10 year (unconditional) green card. Since he never had a 2 year (conditional) green card prior to the 10 year (unconditional) green card, do we still HAVE to wait 3 years from the date of his being granted permanent residence (green card) to file for naturalization (citizenship), or will it be enough that we've been married since August, 2012 (and living together even longer)? Will our years of marriage count towards being able to file for citizenship "sooner", i.e.: will it be as if my husband had been granted his 2 year green card and then his 10 year green card amounting to the required 3 years to file for citizenship? (Since they normally grant the 2 year green card first and then the 10 year green card after, and my husband skipped the 2 year one and went straight to the 10 year one... will they consider having the 10 year green card for 1 year equal to having the conditional + unconditional green cards for the required 3 years?) Let me say that despite all I've read stating we'll still have to wait til 3 years after being granted his 10 year green card to apply for naturalization, we've still gone ahead and applied for his naturalization (much to my hesitation; I'd hate to lose out on all that money we spent to file). Side note: My husband's sponsor wants to be relieved of "responsibility" of him, so that he- the sponsor- can bring his own family members here, as he is also from Morocco. That is why we've filed (early?); due to pressure. My husband has since had his fingerprints taken... after filing for naturalization. When we check my husband's case status online, the USCIS site still states "We scheduled your fingerprints on...", which he's gone and done. I understand that processing takes a long time. Should I have hope that our case may actually be approved, considering they scheduled and took his fingerprints, instead of just denying the application forthright? Are there exceptions to this 3 year rule? I have not found evidence of any. Thank you.

 

[Mira99]

FAQ: How do we keep up with the rumors and changes in the laws

Hello Sir,

We are really confused what all is happening with H1-B New , Extension and Green Card Process and I-140 EAD rules.

We everyday lots of news are coming from difference sources. Sir can you please let us know what all new changes are done by Trump government ?


Other question:
My I-140 is approved in 2013 and priority date is on 2013.

Do you have any inside on country quota elimination bill ?

I am planning to change my Job, if country quota elimination bill will pass then priority date will be fast , so what you suggest , should i change job now , should i wait ?

Thanks,
Raj

 

[TPD]

Hello Sir

I am an Indian citizen working in the US on AOS Pending (485) and EAD (last renewed in 2016 for 2 years), EB3 category with Priority Date of July 2007, and I-140 approved in January 2009. I do not have an H1-B visa right now and I am not sure if my company will sponsor one although they do sponsor EAD renewal every couple of years.
My fiancé is an Indian citizen and has a good job and career in India. I wanted to understand my options in terms of filing for his immigration:
1) Do I have to get an H1-B if we want to file for an H-4 for him so he can come here on dependent visa and once PD is current, then he can file for AOS based on my AOS? In this option, he has to remain in the US throughout and he will not be able to pursue a job in India, is that correct?

2) Because he has a really good career there and we are not sure how much sense it makes for him to leave that and come here on a dependent visa and start from scratch, is the only other alternative for us then to wait till my AOS is approved / I get a Green Card and then file for him for F-2A? In this option if I get married but we decide to not to do anything for him until after I get my Green Card, do I have to notify USCIS about my marital status?

3) Is one option better over the other, more reliable / less time consuming etc; and are there any other alternatives (besides him trying to find a job with a company willing to sponsor an H1-B independently for him).

Thank you
TP

 

[RajanJJJ]

Dear Mr. Khanna,
I'm a LPR and My N400 is currently in processing (in line for interview). I had one speeding ticket from colorado from 14 years back that I listed in the N400 as a Citation. Colorado Law indicates that minor traffic infraction (which is what my ticket says on it) is handled as a Civil Matter and not a criminal matter. I paid the ticket fine for 57$ by mail. Should I be worried by the new Executive Action for crimes by aliens, even though colorado law clearly states this is a civil matter. If I should be worried, can you please advise me what I should do for my current pending n400 application. Thanks. R

 

[RG111]

FAQ: Should I travel outside the USA/H-1B visa stamping

I am on H1-B and my H1-B is validate till 2019 and priority date is 2014 and i recently changed my job. I-94 is expired in 2014.

Due to new trump gov. do you think that it will very risky to go to India and do stamping ? do you find people are facing issues in stamping ?

What should we do if we go for stamping and face problem ? what all precautions should we talk ?

Should we go for stamping or not, please share your view

 

[anilk_kapu]

Hi Rajiv.

I currently hold a approved H1b petition (but not stamped) valid till Oct 2017. My wife's organisation is filing for her L1A visa. I plan to join her in US on L2 Visa and search for a job under H1b.

My question is- Can I apply for change of status from L2 to H1b under cap exemption once I reach US ?

My initial cap H1b approval was from Oct 2010 to Oct 2013 (initial 3 years). I had got this H1b after change of status from F1. But I was in US for only 3 months till Dec 2010. I returned to India after that. Hence my cap H1b was only used for few months. But my problem is, the first cap based approval was done in 2010 which is more than 6 years ago. I saw on various popular law firm websites like *** and *** Law firm where they claim they have received such cases and have been successful in getting the case approved

I'm posting here the section of USCIS H1-B Classification and Documentary Requirement from USCIS website which talks about re-clamining the remainder time -

Under section (15) H-1B “Remainder” Time:
"There have been instances where an alien who was previously admitted to the United States in H-1B status, but did not exhaust his or her entire period of admission, seeks readmission to the United States in H-1B status for the “remainder” of his or her initial six-year period of maximum admission, rather than seeking a new six-year period of admission. Pending the AC21 regulations, USCIS for now will allow an alien in the situation described above to elect either to:
· be re-admitted for the “remainder” of the initial six-year admission period without being subject to the H-1B cap if previously counted; or
· seek to be admitted as a “new” H-1B alien subject to the H-1B cap.

Specifically, the “remainder” period of the initial six-year admission period refers to the full six-year period of admission minus the period of time that the alien previously spent in the United States in valid H-1B status.
For example, an alien who spent five years in the United States in H-1B status (from January 1, 1999 - December 31, 2004), and then remained outside the United States for all of 2005, could seek to be admitted in January 2006 for the “remainder” of the initial six-year period, i.e., a total of one year. "

Also, will my stay in US in L2 (until I change status to H1b) also be counted against the six-year maximum period of admission ?

Thanks a lot for your advice,
Anil

 

[Manisankar]

FAQ: When is an H-1B amendment required?

I am on H1B visa and my 9th year H1B approval will expire on 09/01/2017. This approval is when i was working at client A and from 09/19/2016 , I am working at client B but my employer checked with Lawyer and she is saying no need to file amendment as it is in same MSA. Is that ok? and my wife she on H4 with EAD she wants to travel to india and She has to go for stamping so since my H1B amendment is not filed do you see any issues for her H4 stamping ? is it safe to travel ?

 

[BanyanTree]

Hi Rajivji,
My son is a junior in high school. He would like to take a Bachelor's Degree in Business Administration. Since he is still on a H4 visa, after the completion of his degree would it be possible for any employer to sponsor h1b visa on a non technical degree. Does he need to have minimum number of years of experience? Will he qualify for any OPT program?

 

[RajB1234]

Dear Sir,

I have a valid I-140 approved back in 2003 applied by company A and filed I-485. Changed to employer B using AC-21 portability and employer B carried I-485. Some family reasons moved to India 2010. while in India attorney of employer B contacted me in 2014 and they send a letter to USCIS in response to RFE to close the I-485 since I am not residing in India and kept I-140 intact. when checking the case status for the I-485 application now, it shows "response for RFE received and we are processing the case."

Last year 2016 I came back to US on H1B using previous I-140 approval and got 3 year H1B and joined employer C. Now the question is can the employer C can start the green card process from I-485 stage (AC21 portability from employer A) or they need to start from fresh, ie from PERM itself.

If I join employer A, can they do GC from I-485 stage?

Thanks much.
Raj

 

[HoustonKrishna]

Dear Sir,
I am one among the many I-140 approved EB2 guys in USA.Priority date 2010 June. I am contractor with multiple layers between me and client,so scared to take a risk to travel to India and haven't traveled for 8 years now. Of Late all these doesnt make any sense and I feel I need to go to my home country for a year or so.

Q1 . If I stay in India for a year or so - will it affect my GC processing in any way ?
Q2. Since GC , is future employment - I assume we should be able to come to USA when the dates are current right ? .. but what are things to consider to make that happen ?
FYI , my employer doesnt have any INDIAN offshore companies - I am planning to work for some other company (or) take break for one year in India.
Q3. What would be the things my employer has to help me in ? to come when dates are current..

Thanks
Krishna

 

[kvpbsi]

FAQ: Job promotions during AC21 portability of green card

Dear Rajiv,

Thanks for taking time to answering questions.

My I-140 (EB2) approved. Priority Date: 1st July 2009. Wife on H4 EAD. H1B expires in October 2018. H1B and EB2(GC) were filed for "software engineer" position.

I got an offer from different employer, they are offering me "Director of Dev. services".

Q1. According to Feb bulletin, final EB2 application date is 15 April 2008. Knowing that dates are so close, I am not sure whether to switch to the new employer and start GC fresh OR stick to existing employer as dates are close. Please suggest.

Q2. If I move to new employer and take "Director" position, Will this impact my H1B and Green Card, as the roles and responsibilities are different between "Software Engineer" and "Director of Dev. Services"? Does the new employer needs to start fresh GC process for "Director" position?

Thank you very much for your help!

- Raj

 

[shahgc99]

Hi Mr. Khanna,

I have an EB-3 based immigrant visa (green card) application that is under consulate processing. My priority date is April 2004, labor certification was done in May 2007 under the occupation of Computer/Software Engineer and received I-140 approval in April 2009.

I left USA in June 2006 for Canada and recently received packet-3 from the US consulate in Montreal to provide a recent job offer letter. However, my petitioner employer dissolved his company a few years ago.

What is your suggestion with regards to moving forward with the application - would it be okay to get a job offer letter from a different employer than my original petitioner? If I get a new employer, what would be the process to move forward from here?

Thanks so much for your time and help!

 

[sanju2826]

FAQ: J-1 Physician applying for following to join after waiver

Hi Mr. Khanna,
I am a physician currently in H1b undergoing 3 years of J1 waiver program which is set to be completed on July end of this year. My husband got his greencard through Eb2 category (rest of the world) in early 2013 when i was still in J1. My name was included in I-140 but could not file I485 due to my J1 visa. I have been married since 2006 and came to the US initially on H4 visa before getting residency in J1 visa. Here are queries in this matter that i hope you will be able to guide me:
1) Is there a possibility of filing my I485 directly without waiting for the long I130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for change of status at the time primary applicant applied for I485?

2) Or is there a chance that I130, 485 and EAD can all be be applied together in my case after 24 hours of J1 waiver completion? I faintly recall the attorney who processed my H1b asking not to have my husband file I130 in advance (objective being able to file 485 along with I130 but i could be completely wrong)
Thank you so much for your help.

Regards,
Sanju

 

[mkb3]

Hello Mr. Rajiv,

I have a couple of questions regarding stay in US on B2 Visa, my mother entered here on B2 visa and I 94 is valid for 6 months. Can she stay here for 5 months 3 weeks here and leave US before the end date( I 94 date) . Will there be any issues while coming back?

Is it okay to stay in India for 6 months or more before coming to US again? Any Issues at Port of entry if a person is staying 6 months in India and 6 months in USA?

Thank you

 

[NKGokana]

FAQ: Impact of I-140 approval after 180 days

Hello Rajiv Ji,

I have an approved I-140 with Priority date 2013 from employer A and My employer A will withdraw it soon. Employer B is filing for I 140 now, Can i go with premium processing? Will there be a chance for query if i go with premium processing? My 6 years of H1 will be expired in DEC 2018. Since, there are many new rules coming out from Trump administration will this effect my current H1?

Thanks for all the help!!
NKGOKANA