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

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Feb 24, 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: March 23, 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: Mar 10, 2017
  2. Balaraman

    Balaraman New Member

    If Trump administration tries to revoke H4 EAD through rule making /congressional Act, is there some way for the H4 community to fight for it in the court to retain the H4 EAD?
    What are the least possible ways to fight for it?
     
    Last edited by a moderator: Mar 8, 2017
  3. MohitNJ

    MohitNJ New Member

    Hi Rajiv,
    Background about case - I am working for same company for more than 9 years out of which 2007 to Aug 2014 in US and since Aug 2014 in India Development Center for same company. I have visited US frequently (4 times) between Aug 2014 to Sep 2015 and in India since then (through Advance Parole). I received my GC on 6/26/2016 and have got the physical cards delivered to me in India by a friend traveling from USA. My father was sick for last one year and passed away on 15th Nov 2016. I have EAD card with validity till 12/10/17 (Not Valid for reentry to US). My Advance Parole has expired on Dec 29 2016. Also 6 months timeframe for GC entry to US has expired on 12/26/2016.

    I want to work and live in US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in US. I am looking for options outside my company to come back to USA.

    Questions
    1. Can I directly join some other company in USA using the same GC my company has filed for me? If yes, are there any legal formalities / paper work involved to do that?
    2. I have already filed for Advance Parole twice between 2014 and 2016. Once I am in USA, can I file for a Re-entry permit to get a leave for another 2 years outside USA to support my mother while she is going through recent grief?
    3. How long does the process for Reentry permit application take? Do I need to stay in US till the time application is approved or can I leave for India once application is filed and bio-metric is done?
    4. On a side note - I have no earnings in US for year 2016 but I must file the taxes as a GC holder (and also to maintain my ties with US). Do you have references for any good CA who can help me with this?
    Thanks,
    Mohit

    Hello sir,

    Please let me know the below.

    My parents are on Green Card. They left to India in First week of November 2016 of last year. They want to come back to United Stated sometime in June end of this year which is June 2017.
    Would this cause any problems at port of entry. This stay exceeds 6 months from date of departure. Please let me know.

    Thank you Rajiv.

    Hi Rajeev
    I am planning to apply for citizenship. Its been 6 years I got the green card. My mother is not feeling well and I might need to travel to india anytime and stay for couple of months.
    How long can i stay in India to keep the green card active. Is it ok to apply for citizenship and travel while its in process? Please suggest if its ok or is it better to wait and apply later.
    Thanks
    Ramya
     
    Last edited by a moderator: Mar 8, 2017
  4. Madhusudhanan

    Madhusudhanan New Member

    Hi Rajiv,

    My name is Madhusudhanan. My 140 is approved , in the approval notice, i found there is a spelling mistake in my my first name. (last character 'n' was missing). So i applied FOIA request to USCIS.
    And i received the response from USCIS, the first name and last name is perfect in the application form and the status is approved. (The name in the application form is Madhusudhanan and in the approval notice it is Madhusudhana)
    In the application form which i got it from USCIS, I found that there are some other issues in place of birth and my wife last name.

    1) My employer entered place of birth as 'Trichirappalli' instead of Madurai. (Thrichirappalli is place of passport issue), but he wrongly entered as place of birth
    2) my wife last name is Janarthan, and it is entered as Janardhan. (instead of t , it is d).

    Do me or my employer has to apply for the amendment? what do i need to do correct this?

    Thanks
    Madhusudhanan
     
  5. vithra

    vithra New Member

    Hi
    My name is Vithran. My elder son born in india and now he is 10 year old. We came to US in 2009. My visa status is H1B and GC is in progress.
    My son is a bleeding disorder patient(like hemophilia). The medicine available only in US.
    I have younger daughter , she born in US and she is normal condition. She doesn't have any issue.

    Does this my son's medical problem make any issue while applying 485/EAD or at the time of GC issue?



    Thanks,
    Vithran
     
    Last edited by a moderator: Mar 8, 2017
  6. Neha_SHA

    Neha_SHA New Member

    Hello Rajiv Ji,
    My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016.
    Employer A sent revocation of my I-140, on USCIS website today is showing below status:
    "On December 7, 2016, we received your correspondence for Form I-140 ..."
    Will i still be eligible for 3 years of multiple H1 extension with my approved I-140 from employer A without filing new I-140?
    Hi Rajiv,

    My PERM was filed on Aug 15th 2016 under EB2 and I have an approved I140. I had a Question regarding the new ruling around 180 day rule for I140. If after 180 days the employer cannot revoke I140, can I use it to extend my H1B infinitely without worrying about my new employer filing for PERM till I get closer to the Priority Date? I understand that when My priority Date becomes current and my employer hasn't filed for PERM I loose my spot in the queue but till the time My PD becomes current can I keep extending my H1B without worry?

    So if say my PD is 15th AUG 2016 and after 180 days of I140 filing, I have to go to india . Now after 2 years I want to come back. Can I use the original approved I140 for a new employer to file my extension. I am asking this because anyways in EB2 it might take another 8 years for the PD to be current can i then keep extending my H1B without a worry of new employer filing for GC.

    Thanks,
    S joshi

    Hello Sir,

    I am planning to leave my present company and I want to check that my revoke I-140 when people leave ?

    do you know any web site or gov. office where I can find out about my company ( it is one of top Indian IT service based company ) history about filing green card and revoking I-140 year wise ?

    I am fine with paid web site also but I want to confirm that they revoke I-140 when employee revoke.

    Thanks,
    Raj
     
    Last edited by a moderator: Mar 8, 2017
  7. HAB

    HAB New Member

    Rajiv ji.
    My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status.
    In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140).
    I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H1b with my new employer. I have not started the new GC file with new employer.
    Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?
    Thanks.
     
    Last edited by a moderator: Mar 8, 2017
  8. aks341

    aks341 Registered Users (C)

    Dear Rajiv ji
    I am Working on H1B. Job will end in a few weeks. I have a B1/B2 stamped in my passport, valid until 2026. In order to stay for a few months after the end of my job, what is better?

    1) File a change of status to B2 before the job ends and await its decision.

    2) OR is there a way to change status to B2 by going to any immigration office in the US and use the B1/B2 stamp?

    Which is better, in the scenario that I find a new job a few months after the end of my job and need to file H1B for that new job.

    Thanks in advance
     
  9. RaviGanesh

    RaviGanesh New Member

    Hello Sir,

    Thank you for all your help.

    Case Details: I am currently on H1B visa. My I-140 was approved on Feb 2017. Before changing my employer, do I need to wait for 6 months till Aug 2017 (from the date I-140 is approved) to change employer, so that previous employer cannot revoke I-140 ? Will I loose my priority date if I change my employer within 6 months ?


    Please help.
     
  10. NKGokana

    NKGokana New Member

    Hello Sir,

    Thank you for helping us always. I am on H1 and valid until DEC 2018 (6 years). My Husband H1 is valid until SEP 2017(6 Years). My husband have Labor but his I-140 is rejected. His company is applying for 1-140 again. If he don't get an answer before time for the extension of H1 will he still eligible to get the H1 extension for 1 year on his labor? I have an approved I-140 with my previous employer and it stayed approved beyond 180 days. But, I moved the company and i am filing my new I-140 now. My old employer withdraw my I-140. In this case as another option, will my husband be eligible to apply for H4 EAD? Thank you Sir!!

    NKGOKANA
     
  11. raj26091972

    raj26091972 Registered Users (C)

    N-400 Question


    Background: working for the same company who sponsored GC, GC sponsoring company was acquired after I got the GC …..some years ago….. new company still continues to provide w2 and paystubs with old company name ….after 4 years of acquiring my original company


    Q1. on Form N-400 part 8, where I need to provide where I am been working for the last 5 years should I write new company name or I can just write old company name as the w2 and paystubs still says old name ? or do I need to write the new name ? please suggest what is the best way to fill up this section in my situation.
     
  12. raj26091972

    raj26091972 Registered Users (C)

    Dismissed Charges and filling for N-400 question.


    Background:

    in 2006 I was issued summons to appear in District Court regarding a larceny charge and shoplifting charge, The charges were dismissed upon my paying $100 in court cost and $200 in civil relief to the store. In summary I was neither arrested nor convicted of any offence and all the charges were dismissed.


    In 2007, On my I-485, this above incident was mentioned with yes to the question “have you ever been arrested , cited, charged, indicted, fined or imprisoned for breaking law and all the proof were provided

    and Green Card was issued without any issues.

    Questions now that I need your advise.


    Q1. on Form N-400 part 12 , questions 22 to 28 which questions should I be marking yes to reflect the charges that were dismissed in 2006 ?


    Q2 . should I be saying yes to only the following questions and mark No to the other questions like 22, 25 , 26, 27 , 28.


    23. Have you ever been arrested, cited or detained by any law enforcement officer for any reason ?​


    24. Have you ever been charged with committing, attempting to commit, or assisting in committing a crime or offence ?​



    Q3. What information I need fill in section 29 where I need to provide details if I said yes to any from 22 to 28.



    Q4 do I need to send the same proof that I had provided when i-485 was filled along with n-400 application as well ?


    Q5. Will this pose any issues to obtain citizenship ? there are no other office since than except this.


    Q 6 Do I need a lawyer to file n-400 and represent me ? or can I file this application on my own keeping in mind the charges that were dismissed ?
     
  13. Manglesh

    Manglesh New Member

    Hi Rajiv

    I got a I 130 saying " This is to advice you that we have received above application or Petition back from the Department of State along with their request that it be reviewed.We will notify you of any action we take on this case"

    This have received back in 2010 and don't have any update on this.

    What does this means?

    Is their any chances of getting the approval?

    Please help

    Thanks
    Manglesh
     
  14. renareddy

    renareddy New Member

    HI Rajiv Sir,

    My i-140 is Approved and my baby girl is a US citizen and she has a rare genetic disorder(propionic acidemia). we don't have treatment for this in india. Is there option to get the EAD on humanitarian basic to support to baby medical support.

    Thank
    Vijay
     
  15. Nate16

    Nate16 New Member

    Hello Rajiv ji,

    For a resident who is completing residency on Jun 30 on cap-exempt H1b visa and has a job offer from a hospital that is cap-exempt because it is non-profit and has affiliation with a medical school for training, can the employer be requested to first apply for cap-subject H1b visa on April 1? If the lottery does not come through, can hospital apply subsequently for cap-exempt? Are there any risks with this approach?

    Is a start date of July 1 possible with cap-subject?

    The reason for applying for cap subject first is that if it is successful, it will free the resident to change to cap-subject employers in future.

    regards
     
    Last edited by a moderator: Mar 8, 2017
  16. aks341

    aks341 Registered Users (C)

    Dear Rajiv ji
    I am Working on H1B. Job will end in a few weeks. What are the implications of the "60 day grace period" rule that has been created recently.
    1) If I find a new job within the 60 day grace period, do I need to go for stamping for the next H1B or a change of status with I-94 can happen ?
    2) What option do I have if I need to stay beyond the 60-day grace period? File a change of status to B2 during the "60 day grace period" or before the end of job?

    Thanks a lot.
     
    Last edited by a moderator: Mar 8, 2017
  17. Hardik Patel

    Hardik Patel New Member

    Hey Rajiv,

    I am in US under F1 catagory and I am 22 years old. My aunt has filed F4 petition on my mother's name in June, 2006 and it was sent to department of state on Feb,2010.
    1) It seems that there are more than a couple of years to go for our F4 and as I am in US can I file I-485 or apart from this is there any other way to get my greed card earlier?
    2) I read a lot of forums regarding CSPA but I still am not sure what is the best answer to it. Does it mean that in my case my age should be under 25? (21+ 4 years of timeframe from 2006 until 2010 it took to get file approved)

    Thank you in advance.
     
    Last edited by a moderator: Mar 4, 2017
  18. Shoma

    Shoma New Member

    Hi Rajiv,

    I have approved I140 from 2010. I read that if I apply for I140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right?
    What status would a person be in US if on I140 EAD due to a compelling circumstance? Is there a way to switch to H1 B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?

    I would very much appreciate your inputs.
    Thank you!
     
    Last edited by a moderator: Mar 8, 2017
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