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Recording Available, June 15, 2017 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Jun 2, 2017.

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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: June 29, 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: Jun 16, 2017
  2. vnikh

    vnikh New Member

    Hi Rajiv,

    In 2014, My wife was working with employer "A" on L2 EAD and the employer "A" filed H1B petition in April-2014. She got approval notice in May-2014 but due to some family reasons we have to go back to India and she continue working for the same employer from India since then. Her approved h1b petition with the same employer "A" is valid till Aug-2017 and h1b visa is stamped in Dec-2016 for the same employer "A". She never traveled to USA on that h1b visa as her employer does not have any opportunity there.

    My questions are:

    1. Since she never traveled to USA on her H1b visa ever, does that mean she has never granted status as an H1B Non-immigrant?

    2. If she resigns from her company and come to USA on H4 (I am currently in USA on h1b) and find another employer "B" and he is ready to file a new h1b petition for her then will that petition come under cap exempt or she has to go through lottery again? Considering she never worked in USA on her original h1b petition with employer "A".

    3. Does she need to work for employer "A" in USA in order to file new H1B "Cap Exempt" petition with employer "B"?

    4. Also if she comes on her h1b from employer "A". Can she file for change of status from h1b to h4 while her h1b extension is in process?
     
    Last edited by a moderator: Jun 12, 2017
  3. arjung

    arjung Registered Users (C)

    Rajiv Ji,

    I am a US GC holder and planning to get married to a bride in India.

    If I get married to a bride in India, can she get a tourist visa.? (Bride is a Software engineer working in India.)

    My idea is that after marriage, my wife enter US under Tourist and stay for 6 months and then go to canada and renter US and stay in the US with me for next 6 months for a total of a 1 year.

    During this time, I will apply for re-entry permit for myself.

    Before the end of the 1st year after my marriage, I will get a job in india and relocate to India.

    While I am in India living with my wife, I want to apply FB2 GC for my wife.

    Once its approved, my wife and myself can reenter the US with our own GC.

    How does this plan look?

    Thanks,
    Arjun

    >>>>>>>>>>>>>Merged post<<<<<<<<<<<<<<

    Hi Rajiv,

    My wife lives in the US and holds a GC and I live in Bangalore . She has applied for my green card under F2A category and my I-130 has been approved with a priority date 31 May 2016.

    However, my current B1B2 has expired and it looks like I may have to visit the US on business travel again.
    1. For one of the questions in B1B2 application related to “Has anyone applied an immigrant petition on your behalf? “ – do we answer Yes or No? Our priority date hasn’t become current and haven’t applied for 485 yet.

    2. If yes, we hear that its complicated to get B1B2 approval with a pending immigrant visa application. What do you suggest for us to improve the chances of getting the business visa approved? Are there any extra steps that I or my employer should be looking at?
    Thank you very much .
    Radha
     
    Last edited by a moderator: Jun 12, 2017
  4. ContactGS

    ContactGS New Member

    Hello Rajivji,

    On 10-Mar-2017 I completed my 5th year on H1B visa.
    I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.
    In the meantime my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.
    I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.
    My H1B visa got approved for 2 years with end date of 10th April 2019 (recapatured my stay in India for 1 month while on H1B).
    My employer revoked my PERM application as they did a mistake while filing my PERM.
    Is my H1B valid? and can I stay in the US till 10th April 2019 or 10-Mar-2018 (6th year on H1B completion date)?

    Thanks,
    GS.
     
    Last edited by a moderator: Jun 12, 2017
  5. Chow chow

    Chow chow New Member

    My Questions is,
    I got naturalized when my son was age of 15, he is in India and had green card, now his age is 21 can i file n600 once he comes here on B1 Visa
    Thanks
    ram
     
  6. Raj_VRC

    Raj_VRC New Member

    Hi Rajiv ji,

    I would like to have your valuable opinion on this weird situation.

    An entity has 2 Consulting firms under the same leadership. On July 2015 Company X filed H-1B in regular processing. While filing my H 1B petition by the employer, I wasn’t notified or kept aware of the fact that my H1 B was filed by Company Y and not Company X. I always lived on the assumption that the H1 B was filed by Company X. From the time (Aug 2015) I started to work at their Contingency Client, I always got my pay slips from Company X until the last day of my employment Jan 2017. I can provide all pay slips and W2 if required.

    I also received the employee orientation and payroll calendar documents. These documents show logos of both Company X and Company Y.

    In March 2016, I noticed that my H1 filing got an RFE. Soon I was asked to sign Company Y Offer Letter. When I cross checked with them via email they didn't clarify at that time.

    May 2016, I got the email saying that my H1 B was approved and I got the physical copy of the approval somewhere in last week of Jun 2016. Yes, I didn't see the Company details at that time.

    Now a new firm has the contract with Client and did file my H1 transfer. Got an RFE for regarding previous Company X & Company Y error. I now have this situation where the previous Organization is not willing to give any letter of error and they verbally said as an Administrative error.

    Can you please help me how to handle this issue. Your help in this regard is greatly appreciated.
     
  7. ContactGS

    ContactGS New Member

    Hello Rajivji,

    I'm recently changed my employer and currently on a approved H1B visa and working as a contractor at a client company.
    Recently my client company got acquired by another company.
    I'm planning to travel to India in the month of August 2017 and need to attend a US consulate visa interview.
    Do I need to get a new client letter from the acquiring company?
    I already have a client letter from the acquired company which was given while filing my H1B.

    Thank you for your advice.

    Thanks,
    GS.
     
  8. April44

    April44 New Member

    Hello Rajiv ji,

    Please find background below:
    I got H1B approval from company 'A' till oct 2015, filed H1B extension in may 2015. As there was no updates, changed extension regular case to premium and got RFE in 2016.Before responding to RFE got to know that company 'A' has some issues and no one was responding from company 'A'. So before 240 days completion of I-94 got visa transfer with company 'B' in premium process. Now my H1b is in security check with company B.
    My Both H1b cases/receipts are still in pending status.

    I have below question:
    1] If I applied H4 visa now within USA and if any of my H1B cases get declined. Can I stay on my H4 visa receipt? till my H4 get approve.
    2] Or Do i need to go back to my home country in above scenario for H4 visa stamping.
    3] What would you suggest on my H4 visa application, can I apply my H4 visa from US or should go to my home country for same.

    Really appreciate your help...

    Thanks!
     
    Last edited by a moderator: Jun 15, 2017
  9. Ask H1b

    Ask H1b New Member

    Hello Rajiv ji,

    I have a question regarding 6 year stay on H1B, if someone was in US on L1B & later H1B. When does the clock gets reset, does it has to be 1 year stay out of USA at the time of H1B application filing OR 1 year stay out of USA between exit & re-entry in USA ?
     
    Last edited by a moderator: Jun 15, 2017
  10. sandeep@39

    sandeep@39 New Member

    HI Rajiv

    Thank you for your effort for guiding us.

    Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of country to get H-1B visa stamped.

    Got laid off from EMP A and took around 55 days for EMP B to file h-1 and now I’m with EMP C. Both I-797's from EMP B and EMP C, I got consular visa to step out for visa stamping.

    1. Usually how much time I have to step out of US for stamping, if I go little after 3-4 weeks what’s the valid reason that I can give to Visa officer at interview time.

    2. How can I justify myself about the 55days of gap I have from EMP A to EMP B ( during the time I do not have H-1B status), my attorney suggest that I need to tell VO that “I was looking for a Job and my employer took time to file for H-1B “. I’m not sure whether I can say this. Can you suggest a valid reason to give VO.

    3. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and its still in processing status, during this situation If i get a full time opportunity can I move with new employer ? OR I have to stay with current one until I get I-140 approved and then transfer with new employer.

    >>>>>>>>>>>>>>>>Merged Post <<<<<<<<<<<<<<
    HI Rajiv

    Thank you for your effort for guiding us.

    Recently I got Consular visa, that my I-797 was approved without I-94 so I need to step out of country to get H-1B visa stamped.

    Got laid off from EMP A and took around 55 days for EMP B to file h-1 and now I’m with EMP C. Both I-797's from EMP B and EMP C, I got consular visa to step out for visa stamping.

    1. Usually how much time I have to step out of US for stamping, if I go little after 3-4 weeks what’s the valid reason that I can give to Visa officer at interview time.

    2. How can I justify myself about the 55days of gap I have from EMP A to EMP B ( during the time I do not have H-1B status), my attorney suggest that I need to tell VO that “I was looking for a Job and my employer took time to file for H-1B “. I’m not sure whether I can say this. Can you suggest a valid reason to give VO.

    3. Does it make my options good to come back as dependent (just in case if I get H-1 denied) if I get married to my fiancée who is GC holder before I leave for visa stamping ?

    4. MY GC Perm Labor has approved and EMP C has applied for I-140 recently and its still in processing status, during this situation If i get a full time opportunity can I move with new employer ? OR I have to stay with current one until I get I-140 approved and then transfer with new employer.
     
    Last edited by a moderator: Jun 15, 2017
  11. SK2008

    SK2008 Registered Users (C)

    Dear Sir,
    I have valid H1B and GC-EAD. I don't have H1B stamping in my passport.
    I may need to travel to UK for 2 to 4 weeks on business trip.
    If I use AP for my travel, can I still be on H1B (with same employer) after return to US. Please advise.

    Thanks
    SK2008
     
  12. Speedstar

    Speedstar Registered Users (C)

    Dear Sir,
    First of all thank you very much for the service. I have been following guidelines on your website for last 6 years and I appreciate the help.

    My question is that on my DS-260 I wrote a wrong place of birth (Afghanistan) because at that time I believed that was my place of birth. We have migrated to different places because of war in our country for last 40 years. Now I know that my actual place of birth is Pakistan. I have my birth certificate which says Pakistan. How should I change it in my Immigration records? Should I change it or not? I am a green card holder, will it be dangerous for my Immigration status to try to change it?

    Thanks in advance
     
  13. AnandBrahmbhatt

    AnandBrahmbhatt New Member

    Hello Rajivsir,

    A follow-up question from prior post. I-140 approved since 6 years and I-485 pending since 4 years. There is no H1B.

    During change of job to a similar position, if I-140 is revoked by prior employer and Supplement J is applied by new employer, is there any problem with the existing Green Card application?

    What are the documents that could be required from the prior employer which are being asked by USCIS during final adjudication of I485? (experience letter, I-140 approval, etc.???).

    Thank you
    Anand.
     
  14. potterp385

    potterp385 New Member

    Hello Rajivji Namasthe.

    My employer applied for my H1 petition ( i-129 ) last year in April 2016. But my H1b was denied in October 2016.

    My employer applied for Motion to Re open ( i-290B ) in November 2016

    Recently there is a change in both Motion to Re Open and April 2016 H1 Petitions


    On May 26, 2017 My April 2016 H1 petition was re opened. Here is the Status --> On May 26, 2017, we reopened your Form I-129, Petition for a Nonimmigrant Worker . This is still pending


    On May 30, 2017 My 2016 November MTR Petition was approved. Here is the Status --> On May 30, 2017, we approved your Form I-290B, Notice of Appeal to the Commissioner .


    Only i-290B says approved. Not the original i-129 . My i-129 petition as of today 06-06-2017 is still in pending status.


    Does this mean, my H1b was approved by USCIS. Please do shed some light on this.
     
  15. Hi Mr.Khanna,
    This is a follow up post from the previous thread:
    Wondering if you could help shed some light on my friends situation and circumstances..
    He is an 20 year old English citizen living in the U.S on an I-94 and on E-2 status.
    His E-2 expired last year but his I-94 is valid until October.
    He has recently been arrested and received a suspended sentence for the following charges: Controlled substance(drug possession), Burglary, and G.T.A.
    He has received a suspended sentence: 2 years of community control(house arrest), followed by 6 years probation.
    My questions are as follows:

    Can he complete his sentence while illegal?
    Can/would he be deported before completion?
    Would he be taken off of probation and sent to prison instead, if immigration seizes him?
    If he wants to be deported, could he go into Homeland Security before ICE assesses his illegal status, to voluntarily be deported?
    Would the suspended sentence (with-held adjudication) be revoked if he were to be deported before completion of his sentence?

    Really need an idea of what to expect in his situation and if there are any actions he can take,
    thank you for your service and availability, its rare and valued.

    regards,
    D
     
  16. IndEng

    IndEng New Member

    Dear sir,
    I have Quick question regarding my Spouse change of status from L2 to J1 teacher program.
    She is in US on L2 since June 2013 and worked as part time teacher for around 2 academic sessions ( equal to 1 year of experience)

    Also she had 4 yrs of teaching experience in India. is she eligible to get status changed to J1 if she get job offer from school district while she is in USA?

    Thanks,
    IndEng
     
  17. R2I2005

    R2I2005 Registered Users (C)

    Dear Mr. Khanna,

    I applied for GC I130/I485 concurrent filing for my Mother 3 weeks ago, she is here on visitors VISA. I'm
    a US citizen. Her stay expires June 12th 2017, is it ok for her to stay pending receipt of application (acknowledgment)
    and final resolution?

    Please advice,

    Thanks,

    Harish
     
  18. Wingpin

    Wingpin Member

    Hello,

    I hold both a valid non-immigrant (B1/B2) visa and an immigrant (diversity) visa.

    I have a short work trip coming up. Can I enter the US as a non-immigrant as this fits the purpose of my trip? Or because I have now been issued the immigrant status am I obliged to enter with this status from here on?

    Thank you
     
  19. Anant1357

    Anant1357 New Member

    Dear Sir,

    I would start with thanking you for your efforts. Your guidance is really helpful.

    My question is with respect to the new rules for I140 which were published on Jan 17, 2017. I have heard you many times in the community calls on youtube where you have mentioned the following. With the new rules if an I140 is approved for 180 days, it gives the person a right to extend H1B beyond 6 years which is cap exempt.

    Could you please elaborate a little more on this in the light of the following situations. I have my I140 approved and as of today it has been more than 6 months. My PD is in Feb 2016. I am currently working with employer A.

    1. If for certain reasons I leave USA for a few years and I intend to return after that, will the right for cap exempt H1B extensions with a completely different employer B be still applicable? Is there some time limit for which I can stay outside the USA and still be eligible for cap-exempt H1B based on the approved I140?

    2. Assuming that it will take at least another 10 years for my priority date to become current, If I stay in US and move to a different employer B, do I need to start the GC processing with the new employer immediately or based on the right that you have mentioned, it is possible for the new employer to keep renewing my H1B and start my GC process 7 - 8 years down the line.

    3. If point 2 above is valid, then does it allow me to move to employer C after working for employer B for some time and still employer C is able to extend my H1B based on approved I140 from employer A until my PD is current.

    Regards,
    AC
     
    MG1809 likes this.
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