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Recording Available, July 13, 2017 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Jun 30, 2017.

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  1. DEEPAMENON

    DEEPAMENON Team Member, Immigration.Com 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: July 27, 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: Jul 14, 2017
  2. Jamilah

    Jamilah New Member

    I had a question I'm a born citizen of the U.S.A. At 16 yrs of age I was kidnapped by my family and taken overseas to the middle east. Then I was forced into an arranged marriage. Then papers were made for my husband to come to the U.S.A.
    It took me a while to break free from him and the un fixable trauma and psychological damage I endured. I am still legally married to that monster because they gave him power of attorney to our marriage??? Anyway he got remarried and is considered to have 2 wives now. I believe he is a threat to me and my kids and want him deported back to where he came from! How can I revoke his green card I believe that it is possible because of many factors.
     
  3. mat9999

    mat9999 New Member

    I had my H1b approved in feb 2017. I moved to US after H1b petition is submitted. My employer filed for COS from H4 to H1 thru premium processing in march 2017.
    Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to ..

    And now got a second RFE asking for a combination of following or similar types of evidence:

    1. Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position
    2. Document to support that the level 1 wage designation on the LCA supports the proffered position
    3. A new LCA with a different wage designation and/or SOC code and title. If you submit a new LCA, you must provide an explanation for the change. Note that eligibility for H1b employment must be established as of the date of filling the I-129 petition. Therefore, the LCA must have been certified prior to the date of filing the I-129 petition.


    My questions:
    1. Can I get little more info on 3 point above from the second RFE.
    2. what are the possible documents employer need to submit for this RFE?
    3. what are the other options if my COS petition is denied?
    4. Am I eligible for transfer if I get an offer from new company?
    5. Is my approved H1b still valid and cap exempt, whatever is the outcome of COS petition decision?
     
    Last edited by a moderator: Jul 13, 2017
  4. Chandra25

    Chandra25 New Member


    Can we use an employer revoked I-140 for H4 EAD ?


    I understand that H1B extensions can be obtained on a revoked I-140 that stayed approved for 180 days. Is this benefit extended to H4 EADs or it is only for H1B extensions ?

    I am hearing conflicting answers on H4 EAD eligibility.
    I think the argument against this is, the basis for H4 EAD is an I-140 that is in approved status and a revoked one can not be used.

    Can we please get some clarification on this H4 EAD eligibility.

    Hello Sirji,

    Thanks in advance for considering & responding to my post. I have got my I-140 approved in Feb 2016 through my current employer (say Company-1) and as you know it has been already approved for more than 180 days. My wife has got her H4-EAD based on my approved I-140 (from Company-1) and her H4 EAD is valid till 2019; she is also working through her H4 EAD now. Now I am planning on taking up a new job opportunity with another employer (say Company-2) through H1B transfer. Now if I transfer my H1B to new employer (Company-2) and if my current employer (company-1) withdraws my I-140,

    1. Would my spouse's H4 EAD obtained through the I-140 of my current employer (Company-1) becomes invalid when my current employer withdraw my 1-140 or would the H4 EAD continues to be valid till 2019 even if my current employer withdraw my I-140? In a nutshell, when my current employer withdraws my I-140, are there any impacts to my wife's employment that she had obtained through H4-EAD.

    2. By 2019, if I have to renew my wife's H4-EAD, do I need to have an approved I-140 from my new employer (Company-2) or could I still renew her H4-EAD based on my current employer's I-140 (Company-1) even if they withdraw my I-140? I understand, with the new rule, my current employer withdrawing my I-140 has no impact on my H1B transfer to my new employer (Company-2) & for subsequent H1B extensions with my new employer (unless USCIS revokes the I-140); but I am not clear if we could renew my wife's H4 EAD based on a withdrawn I-140 of my previous employer (Company-1)?

    Please advise.
     
    Last edited by a moderator: Jul 13, 2017
    potterp385 likes this.
  5. Abhi4help

    Abhi4help New Member

    Question - I have I 140 approved from employer A in Nov 2017. Now I joined company B. Can you answer below scenarios
    1) Employer A wont revoke I 140 but my role in company B is different than company A perm application. Will this cause issue during I 485 filling thru employer A?
    2) Employer A revokes I 140 in next 6 months, then what steps employer B has to take when priority date becomes current to process my GC?

    Hi Sir,

    My 140 is approved 4 years back with current employer. My priority date is Sept 2012.

    1) If i join a new employer and if he do not start the GC processing before my transferred H1B expires, can i still extend my H1 with existing 140?
    2) Any rough idea when my priority date (Sept 2012) can become current?

    Thanks in advance.
     
    Last edited by a moderator: Jul 13, 2017
    potterp385 likes this.
  6. cpau

    cpau New Member

    Hi
    this is my second visit to USA and i am on B1 B2 visa. i am from india . i am currently visiting my boy friend who is on a J1 visa . we decided to get married now . my question is can i marry him here in Oklahoma state and change my visa status ? if yes, what is the process? i entered the country on june 15th , i can stay in USA till december 14th. Also i was married before and now i am divorced , so i have my X spouse name mentioned on my Passport . does that need to change for me marrying and stamping in USA?
     
  7. winaeyz

    winaeyz New Member

    Hello Rajiv ji,

    I am on H1B visa, I got a citation for an ordinance violation on July 4 weekend for doing fireworks in front of my house. I found out from the cop that fireworks are not allowed in my city and this citation comes under 'class C misdemeanor' in Texas. Can you please let me know if this will affect H1b stamping and green card processing in the future? Is there anything I can do? I am yet to go to court and talk to the prosecutor/judge.

    Thanks a lot!
     
  8. potterp385

    potterp385 New Member

    Hello Rajivji Namasthe,


    1) I am currently on F1 in OPT status and working for Employer A , my Employer A filed for H1b this year. and i am currently waiting for my H1b approval Approval. Can my Employer start my green card process when i am in F1 status.

    2) i am going to get married soon, if i bring spouse on F2 visa. My spouse has IT Work Experience from Australia. Can a Employer start Greencard for my spouse when my spouse is on Dependent Status (F2 or H4)
     
    Last edited by a moderator: Jul 13, 2017
  9. immi_Kumar_2017

    immi_Kumar_2017 New Member

    Hi Rajiv

    Question regarding H1B , with I-140 approved and Employer Layoff situation.

    I have 140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work,

    1) What immediate step i need to do , in order to legally stay in USA. ( Do i need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can i change my status online or what is the option?).

    2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am i eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.

    Thanks in advance.
     
    Last edited by a moderator: Jul 13, 2017
  10. Shankar Somasekhar

    Shankar Somasekhar New Member

    Dear Rajiv,

    I am on H1-B visa and have I-140 approved. Had few questions pertaining to change in project and H1-B amendment.

    1) When should we Filing an amendment - What constitutes MSA (metropolitan statistical area)
    a) I live in Mclean, VA and will Bethesda, MD, Washington, DC and Herndon, VA constitute to be within Metropolitan Statistical area? I have been working in Mclean, VA and if I find a new project in any of these areas should we file amendment?

    b) Should we file an amendment When the new project is in New York

    2) what is the difference between LCA, H1 Amendment and extension? Which one is applicable for the change of project in case a) and b) defined above?

    3) Does H1-Amendment involve both filing a LCA for new location and also new Amendment? Does it cost same as a new H1 filing/transfer?

    4) Premium processing has been revoked for all H1s, how soon can a H1 extension be applied? If H1 is expiring in Oct 2018, can the extension be applied in Apr 2018?

    5) Is it mandatory for the applicant to be present in US during the processing of H1-B extension until the result has been announced? Will it impact the decision of H1-B if the applicant is outside US during the process?

    6) Has there been any changes in H1-B since 2017 pertaining to H1-B worker working for two employers?

    Hello RajivJi,

    I would like to ask you about process to follow while changing of project/location for the same employer(consulting company).

    My situation,

    My project is about to complete and will be assigned to new project(new client/location).

    - Should LCA approved/filled before starting for new client?
    - Should amendment approved/filled before starting for new client?
    - What if I do not have permanent residence to new location for initial couple of months?
    - Is it ok to wait in informing USCIS till I get my permanent residence?
    - Please highlight if there are any other precaution I need to take.
     
    Last edited by a moderator: Jul 13, 2017
  11. immgnhelp2014

    immgnhelp2014 New Member

    Questions Regarding Conditional Green Card(GC), I-751 along with Related other Questions

    Dear Rajiv Ji,

    Thanks for doing the community conference call .

    I have the following questions for you.

    1. can i take EXTENDED(EMERGENCY) unemployment benefits ?
    If workforce commission approves me for EXTENDED benefits, Will it be good enough
    Will it have some issues or negative impact at the time of naturalization(i.e filing N-400).

    2) if i resided(unofficial without being on lease nor having any utility bill) at more than 1 place after getting my Conditional GC , do I have to mention all the addresses in my I-751 as I was staying at couple of places each around 1.5 months.

    3) Iam trying to get federal training like WIOA (workforce Innovation & Opportunity Act) ( not means tested benefits), hope it should ok .

    4) Since I am in the process of filing for I-751 , Do you advise me to sponsor my parents on a visit visa to united states or wait till the complete i-751 processing is over( both my parents visited & had the Visit visa which expired recently).

    5) Does Re-instatement of I-130 Petition ( F4 Visa Category ) for a Relative when compared to MTR(Motion To Reopen) gurantee that the original Priority Date is Recaptured when compared to a Motion to Reopen ( Also FYI we are filing a New I-130 petition just to be on the safe side).


    Thanks,

    Sameer
     
    Last edited by a moderator: Jul 13, 2017
  12. Parul.sethi

    Parul.sethi New Member

    Dear Rajiv,

    I am a naturalized US citizen through marriage since August 2015. I have sponsored for my brother and mother. Being an immediate family member my mother got her green card within 7 months and for my brother its probably a waiting for 12 years. However I have not sponsored for my father yet because he is currently handling the business and property in India. My father has tried 3 times for tourist visa in last 2 years but he got rejected by the US embassy in Delhi. We don't want to try again for the tourist visa now. I want to sponsor green card for him now but need advice on couple of concerns. It can take my father up to 7 years to wrap up everything. What is required for my father to maintain his green card in terms of physical presence/physical travel How long can it maintained without being actually living in the USA more than 6 months. We cannot do an investment here for a new house on his name due to financial concerns. In other words I have concerns like if my father is unable to maintain the green card status and unable to obtain a tourist visa, then will he be stuck in India forever? Is there a way that my father can visit us every year for few weeks and still be able to maintain the green card for up to 7 years safely. For some reason if he cannot travel for a particular year within those 7 years, then what are his options. I learnt that an extension letter can be requested to the embassy in case if a person cannot travel to the US for more than a year and that will be valid for up to 2 years. How many times can we take such extensions and be still able to maintain the green card. My last concern is regarding that for some reason if the green card is taken back from him then can we sponsor him again through me or my mother to obtain the green card again.

    Regards,
    Parul
     
    Last edited by a moderator: Jul 13, 2017
  13. deepmact

    deepmact New Member

    Hi Rajiv,
    When I extended my L1A petition I got I-94 number with full validity (say original I94)
    Then I went india and got visa for full validity same as petition I797.

    When I returned I got new I94 with validity only passport expiry date.

    I renewed my passport and went to Laredo, TX CBP (near Mexico border, didn't cross Mexico border) and they gave me new I94 with full validity. Apparently they enter the I94 number from petition (I94 original) and gave it with full validity. When I see CBP I94 online it's showing my original I94 with full validity.

    So I got:
    I94 - Original petition
    I94 - Last year at airport with passport expiry date
    I94 - Original petition number again at Laredo with full validly (last week)
    When I see CBP website it's showing my updated detail (full validity and I94 from petition)

    When I see Arrival-Departure record at CBP website, it's showing 2 arrivals (1st at airport last year, and 2nd latest at Laredo which has same number that of petition, though I don't cross the border and went out of Usa ) but no departure inbetween these 2.

    Is that a issue? When I will extend my visa next time will it raise questions that how come I got 2 I94/ arrivals with no departure/ leaving USA ?


    Thanks,
    Deep
     
  14. chandra yedavilli

    chandra yedavilli New Member

    Hi Rajiv Sir,
    I have a approved I-797A with company B valid till 2018 May (attached i94 with same dates). My Visa with Company A valid till 23 aug 2017 (old passport).
    I got a new passport in 2015 Dec, which i have applied after moved to company B. I traveled to India in June 2016 and comeback, CBP officer gave me i-94 till 23 aug 2017 with new passport entry, because of new passport i-94 number changed.

    My question is i-94 (May 2018) is on my I-797 is still valid or it will valid only till 23 Aug 2017?

    If valid only till 23 Aug 2017, How to solve this issue with out going out of country.

    BR//
    Chandra

    Hello Rajivi Ji

    I would like to check with you about I-94 extension
    My I-94 has granted until Sept 2017 due to my passport validity. Now I have renewed my passport
    My L2 visa valid until Jan 2018 and would like to go to San Diego–Tijuana border and come back with new I-94 as it is near to me.
    is it ok to go San Diego–Tijuana border or do I need to go home country/Canada, kindly suggest

    Regards,
    Ram
     
    Last edited by a moderator: Jul 13, 2017
  15. Hari27

    Hari27 New Member

    my H1b expires Aug 3 2017. I am planning to COS to H4. My wife's H1 expires Nov 2017.
    my questions are
    1. If I find work during the COS, Can I change again to H1 and start working as I get the receipt number or wait till H1 approval notice?
    2. If COS decision is not yet made by the time of my wife's H1 expires, Can I apply for H4 extension when my current H4 is in process?

    Thanks in advance!
     
  16. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    Hello Rajiv Ji

    Can the Job Description candidate requirements (as submitted for PWD Determination) and the one used for the actual recruitment process be slightly different - in terms of the requirements for number of years of experience etc ? In this case the job description used for recruitment has lower (more relaxed) standards than the one submitted for PWD.

    If they can be different - should the GC candidate experience be matched against the PWD job description or the recruitment job description ?

    In my case - Working for employer A - onsite for employer's direct client B throughout the entire employment period with employer A. Original PERM and I 140 approved with employer A. Client B is now submitting its won PERM - for a transition as their direct employee in my case.

    I match the recruitment job description requirements - excluding the experience gained with Client B - but to match the candidate requirements as per the PWD job description - I will need to show the experience gained while working onsite with Client B. Would this be safe - technically because both A and B should have different Federal Employee ID's ? What would be the safer route otherwise ?

    Thanks so much

    Rahul
     
  17. Kam_I140

    Kam_I140 New Member

    Hello Rajiv Ji,

    Unofficially I came to know that my I-140 got approved a month ago. I do not have any documents related to that including receipt number. My employer is not ready to provide the documents to me but I am looking to apply H4 EAD for my wife.
    I do not have any plans to change the employer since I am in 6th year of my H1B visa period and current employer will extend the H1B visa based on approved I-140.

    What options I have now to get the approved I-140 details?

    Regards,
    Kam
     
  18. Raja1234

    Raja1234 New Member

    HI Sir,

    Currently, I am on L1 B working for Company A. Company A filed H1B under consular (loose) petition and my application is picked in the random selection process.
    Recently I came to know that from Company A, I need to go to my home country for VISA stamping after my H1 process complete.

    I would like to know the following information and propose pros/cons to management for each scenario. Please help me with details
    Is there any way for me to apply for a change of status from L1B to H1B instead of going to my home country?
    If YES, what are the steps/forms need to submit and how many days it is going to take for a change of status from L1B to H1B. (My L1B VISA is valid until 31st Dec 2017)
    If NO, Is it a better idea to extend L1B instead of going for H1B VISA interview to the home country.


    Thanks & Regards,
     
  19. shankarzx

    shankarzx Registered Users (C)

    Hello Rajivji,

    Thanks for all your service to the community.

    I want to check with you on my H1 RFE . The Due date to respond was July 1 and my employer mailed the response on July 6th , he says "it was long weekend - you don't need to worry (July 4th week end)". July 1,2 was Saturday and Sunday.
    Today the case status was updated to "RFE response received". Employer said "you don't need to worry since the status is updated to response received".
    My question is "
    Should I not worry just because the status is updated ?
    when will USCIS let us know that they denied the petition for delayed response ? will they do it immediately or take same processing time of 3-4 months ?
    Can we file Nunc pro tunc if they deny the case due to delay ?
    Should I leave the country since my I94 expired 4 months ago ? I am working expecting H1 approval within the 240 days time frame.

    Thanks and Regards,
    Shankar
     
  20. Anv

    Anv New Member

    Dear Rajiv Sir,
    I am planning to enroll for school this fall (Aug 28, 2017) and will be initiating my H1b to F1 Change of status. I am planning to file the petition (i-539) with F1 COS effective date as within 30 days prior to Class start date. However, my H1B visa will be expiring soon hence we will be filing the petition before visa expiry to be considered as timely filed.
    However, I just got to know from school DSO that until my F1 change of status is approved, i can attend the classes , however they will defer the date on I-20 extending it by every 15 days . (The change of status would take anywhere between 90 days to 6 months)
    in this case, since i will not be on H1b after my visa expiry ( aug 7) and will be quitting my job, I am worried Deferring of this date will make me go out of status as then my program start date will exceed 30 days.
    Is there anything I should be aware of or should take action to maintain my status before my F1 approval so that i am not out of status

    If my F-1 program start date is deferred to the following academic term or semester because USCIS did not make a decision on my Form I-539 change of status application before my originally intended F-1 program start date, what action should I need to take. Is there any other petition I need to file?

    Request your inputs here. Thanks a lot!

    regards,
    Ann
     
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