Recording Available, March 23, 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: April 06, 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.

 

[MohitNJ]

FAQ: What if I never joined the employer who sponsored me for green card?

Dear Rajiv Ji,
These are followup questions from my questions in last call.
Background about case -

1. Working for same company for 9+ years (7 yrs in USA and since last 2 years in India Development Center for same company).
2. I received my GC in June 2016 and have got the physical cards delivered to me in India.
3. Lost my father in Nov 2016.
4. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in USA.

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. I am also considering a opportunity local in India.

Questions

1. Do you anticipate lot of interrogation / questioning at port of entry as I have spent 9 to 10 months outside US on GC? Is my father's sickness and then rituals to perform after he passed away - sufficient reasons to convince immigration officer?
   
2. Can I travel just by myself to visit my friends and take care of other ties in US like Bank related work etc? Again my company does not have any project/ job to offer me in USA and told me not to travel.
   
3. I have an opportunity in US, Can i directly join that company once I am in USA on GC? Last time you mentioned it could have some adverse effect on Naturalization / Citizenship application. What could be problems there? Will it be sufficient reason to produce email in which current employer stated that they don't have work for me in USA?
4. Can my wife travel on her own (she also received her GC in June 2016)? She has PhD in Maths from Rutgers, Newark and can easily get work in US. Besidess she also has her sister and brother in US.
   
5. Will my prior application for Advance Parole (twice between 2014 and 2016) have any adverse effect for Re-entry permit approval - that I am planning to file after I reach USA to get a leave for another 2 years outside USA to support my mother for a little while?
6. What are my options if I could not come to USA, I continue here in India, join some other company and lose my GC after June' 17 (1 year from issue date)? Can I file SB-1 Visa when i am ready to move back to US for good? Would it have to be through original sponsoring employer of my GC or could be any employer at that time?
7. Will this expired GC have any adverse effect, if I apply for H1/ L1 and GC application all over again in future?

Thanks a ton for your help and patience.

FAQ: What if I move back to home country while my green card process is still pending?

Dear Rajiv Ji

First of all I really appreciate you doing this great community event every month for a decade so far. My sincere respect to you for this initiative.

I have a question here today and probably may help others who are in the same boat too. I am sure there will be many fellow immigrants going through this in their minds due to extreme retrogression and country specific quota for India.

My case background :

1. I worked for company A while filing my green card application in Oct 2009 (PD Oct-5-2009).
2. After usual I-140 process, I finally applied for I-485 during Mar 2012.
3. Got my EAD and AP and finally changed my employer on AC-21 (notified USCIS with the then AC-21 letter).
4. After that I have changed job and now with company C.
5. I intend to go back to India for family reason. (will move to Consular Processing from AOS)
6. Now someday my PD will be current and I hope to get my Green Card approved.

Now my questions are :

1. Do I need to show up in NVC (Consulate) for final Green Card stamping ?
2. Do I need to produce a valid employment offer in US at the time of green card stamping ? Does that need to be from company A only ?
3. How long after I get my green card in India, I have to eventually have to be in US ?
4. Can one apply for 2-year reentry permit being in India (sounds funny as the context 're-entry' does not make sense

I am sure there will be folks who contemplate this as an option, more so, after all this Trump-ism going on. Your reply will help all of us who still hope to come back.

thanks
KB-75

 

[RKGophers]

FAQ: Can I go back and join an employer who has my I-140 approval, but I left them

Dear Rajiv Sir,
This is probably the most asked questions about I 140.

I have worked for a company A and my I 140 was approved with PD of 2013. I worked another 7 months in the same company after I 140 approval and then moved to a new company with a similar profile. As far as I know, my I 140 has not been revoked. The new company B has also started Perm processing to get I 140 approved. I am working in Company B for almost a year now, and I would like to go back to my previous employer A. Can I rejoin Company A and pick up I 140 from there without restarting another PERM filing? Company A would like to take me back? Do I have to start the process all over again?

Thank you in advance!

 

[anja100]

Dear Mr Rajiv:

My spouse got I-140 approved in EB1 and we all three, including our daughter, are awaiting I-485. My spouse & daughter got their H1-B and H4 extension respectively about a month back, but my H4 extension(filed in June 2016) is still pending. My I-94 expired in July 2016.
What are the options for me, here in US, in case my H4 extension gets denied before I-485 approval?
Since I had worked on derivative EAD issued by previous I-140 filing by my spouse(which was eventually denied), could this be a reason for a possible denial of my H4 extension. In that case, can we file an appeal or pursue any other recourse to get H4 extension or most importantly get I485 approval?

Many thanks in advance.

 

[seven51wait]

appreciate you doing this for immigrants , thank you and gold bless you.

Background: currently waiting I751 ROC waiver on Bonafide marriage waiver. was on H1b later got CPR 2014 .

mine is bonafide marriage and we dated for a 1.5 year. i have a conditional GC in October 2014 we had an argument and in order get me in LINE , she called cops alleging me of abuse whereas i should have been the one who should have done. again as guy who would be me, that is what i always thought. DV charges were thrown out and i was charged with dis orderly conduct /misdemeanor charges. i was given 6 month probation for which i had an early release . she was the one with anger issues , was always checking my phones emails and would not let me meet any of my friends etc. i have proof of all of that. it was mentioned in my affidavit and couple friends mentioned the same .
after the probation she pleaded to get back and agreed to counceling with me .
she plead again and agreed to councelling with me.
i was alone and dealing with probation and i gave in and we got back together.
few months and same story of controlling me and yelling at me . humiliation coz
i was not able to buy a house , gold for her. trust me it was all back with a bang
after we got back in May 2015 she did not have a job . finally she found a job
and less than month rented a place , i moved again with her and finally she asked
me to leave in feb 2017 threateing to call cops again.i left
divorce finalized in may 2017 . after divorce she was constantly sending me emails
asking for kids and offering me money to have a kid with her.
went court again , got a civil seperation that we cannot contact each other .
another thing, after divorce , while she was constantly contacting me with new
numbers and email IDs , i told her not to do it any more and she threated me with
cases i lodged a police complaint against her.
i never laid a hand on her , i have proof of her abuse and
this disorderly case was done to keep me in line she told me later while threatening me
i have an indenependent psychologist who reviewed and gave a
profiles to prove that i am not a domestic abuser .
thinking to take poly .
please share your thoughts on my chances. thanks agian.

 

[Chandra25]

FAQ: Does H-1 60 days grace period apply when one quits a job?

Dear Rajiv Ji,

Question on H1B 60 day grace period.

Does the new 60 day grace period for H1Bs applies to one after quitting their job ?
or it is only applies to situations only in the cases where the employer terminates the job.

I am on H1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.

If it is allowed for job quitting, how do I request this from USCIS.

Thank you.

 

[vaibhav1000]

FAQ: Filing two quota H-1 petitions simultaneously through different companies

Dear. Mr. Khanna,

Background:

I am an international student pursuing masters in US. I have got full-time offer letters from two of the big four accounting firms. Both the companies are willing to file H-1B petition for me in April 2017 and are not related to each other. They have completely different roles for me but are located in the same city.

Questions:

1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?

2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?

3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?

Thank you in advance!

Dear. Mr. Khanna,

Background:

I am an international student pursuing masters in US. I have got full-time offer letters from two of the big four accounting firms. Both the companies are willing to file H-1B petition for me in April 2017 and are not related to each other. They have completely different roles for me but are located in the same city.

Questions:

1. Is there any legal restriction to have two H-1B petitions from totally unrelated employers in the lottery to double my chances of getting H-1B?

2. I do not intend to inform both the companies. Will they ever know that another company has also filed H1B on my behalf?

3. What will happen in case both my H-1B petitions are approved (chances are rare). Can I join any company?

Thank you in advance!

I also want to ask, is there any possibility USCIS can trigger RFE or NOID in case both H-1B petitions get approved?

RFE – request for Enquiry
NOID – Notice of intent to deny

 

[mohan1983]

FAQ: Changing employers after 6 years of H-1 are over

Hi Rajeev,

I am currently working with client as a contractor, they want to convert my position into full-time position. given I am currently on my H1B in 7th year visa with approved I-140 from different employer. What would be the process for changing the employer at this stage.

Currently my I-94 is expiring by December 2017 :
- Given my new employer is planning for converting my position full time around month of May 2017 and file for my H1B transfer, will it cause any issue in getting my extension.
- Also my wife is working on H4-EAD , so can she continue to work while this process of change is happening as her H4 also needs to be changed. Will it impact her EAD in any manner?
- Can i go back to my previous employer H1B if there arises any issues during this process ?
- Also i had signed a contract with my current employee for 18 months and 10 months have passed so far, so if i make this switch will it have any impact legally in future. I will try to leave with amicable terms but want to understand legal implications if any.
- I-140 priority date is portable but i would have to go through GC process again starting from PERM is that understanding correct?
- Also can i continue to use my existing approved I-140 for future H1b extensions.

Thanks for your response.

>>>>>>>>>>>>>>>>>>Merged Post<<<<<<<<<<<<<<<<<<<

Hello Rajiv Sir,

Background Information:

1. Entered USA on Feb 2012 in H1-B Visa.
2. I worked for Company A for 4 years till 2015 September.
3. Joined Company B on September 2015.
3. Company B transferred my H1B and current working here. Current H1-B is expiring in Nov 2017.
4. I-140 was approved from Company B on Jan 31st 2017. Still within 180 days of approval.
5. Now Company C is approaching me to join permanently and is ready to transfer H1B for an urgent opening.
6. In Feb 2017, I completed 5 years in H1-B and currently in 6th year.

Questions:

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in 6th year.
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.
3. If Company
3. Based on the removal of premium processing there are chances that the H1-B approval may take time. Is it recommended to stay with current Company C for 180 days i.e till end of July 2017 since I am not sure if they will revoke I-140 if I leave them.
4. Can I get unlimited H1-B extension from any company if my I-140 stays alive or Company C has to file a new LCA Perm and get I-140 approved within next 3 years itself.

Thanks

 

[smtell]

FAQ: H-4 EAD changing back to H-1

H4 EAD want to change to H1B COS:-
Had H1B petition approved in 2015 through consular processing while residing outside USA. But did not get stamped for H1 but came to USA on H4 visa.
Currently working as employee on H4-EAD . Can i change my status to H1B from H4, If Yes
- Will it be treated outside H1b Cap?
- Do i have to leave the country and get stamped and reenter with H1b status or
- Can i get my status changed directly without having to leave the country.
- If above option is available , will i get a new I94 with latest 1 yr or 3 yrs approval?
- How many days will the process take to change status?
- Can i continue working while the COS is in progress or pending with USICS as i would like to continue working without a break.
- Also do i have to go back to the same petitioner who applied for H1B visa or i can transfer it to different employer.

Thanks

 

[Pankaj Kulkarni]

Hi Rajeev,

My background is as below.

1. I am an Indian citizen, started working for employer A.
2.Was in USA with A on H1B visa.
3. Came back to India after 1.5 years and H1B visa expired after that.
4. Joined employer B in India.
5. Later, B filed an H1B extension, visa stamping is done and is valid till Nov 2018.
6. B now says there are no immediate onsite opportunities and I will have to wait (which I feel could take a year!)

My questions are as below.
1. I want to work in USA but through a new employer (since it might a very long wait with the current employer). What is the way for that?
2. Until when can I wait for my current employer to give me an opportunity before time runs out (like is it 6 months before visa expiry or 3 months or any other time)

Thank you.

 

[singhss]

Hello Rajiv, Thanks for taking time to answer.

Here is my background info:
I am currently staying in USA (from 2004) on H1B Visa. My Green card is under process through my current employer (priority date Sep 2009) & don’t have EAD or I-485 filed yet.

My H1B visa (Jan 2014-Jan 2017) and I-94 recently expired and Extension petition is already filed (in December 2016, Nebraska center) under Normal processing.waiting for judgement ...

Here is what I came to know last week:
-----------------------------------------------
My H1B amendment which was filed in Jan 2016 (@ California Center, due to change of my client location) and had received an RFE in November 2016 was eventually DENIED by USCIS. Reason given is – Project description which they think is not relevant,. Still not sure and trying to understand ..

Obviously, this was very shocking news for me and my family as well as employer.

We never faced any issue/RFE with my current employer (which is mid-size but very reputable company) during last 7 years of my stay with this company. That too, for amendment case which had very routine RFE which was responded in Nov 2016 itself.


Question:
On March 15th 2017, (in context of Amendment petition denial) , my employer has decided to convert my pending H1-B extension for premium processing. We are hoping that Nebraska center will correctly evaluate my H1 B extension and we will be able to get through this situation. We are also hoping that if RFE is issued then we will respond carefully (based on learning from recent denial).
However, confidence has definitely shaken and I want to find some alternatives while we wait for 2 weeks period for judgement on pending case. What are my other alternatives ? Can you share some insight to overcome this situation so I don't face to face a situation where I've to return back to India (Assuming worst case scenario where extn petition is denied).

Thanks in advance for your time and valuable advice.

 

[hali-ando]

Hello Mr. Rajiv,

Here's our situation :

My husband was granted asylum on March 2015. We got married only after he did on March 2016 (religious marriage but no court certificate yet, since i have a B2 visa and he could not leave the country, so i came to him, stayed for two months then left on May 2016). He didn't apply for AOS till August 2016. I came back to the US on December 2016, after spending 7 months back home. On March 13th 2017, he had his interview scheduled, the meeting didn't take long, IO only asked him few questions, said everything looks good and took his I-94 and told him you'll hear from us soon, i should mention that my husband had a misdemeanor when he came to the US, he was working in deli he didn't know they sold non taxed cigarettes. his record was sealed with no effort from his side, and he explained that to the IO. He also has been working ever since in big companies and gave his recommendation letters to the IO which he kept also along with the I-94.
We consulted a lawyer once i came the second time to explore our options because we are done of being separated, he suggested that he files for I-130 for me once he gets green card, and meanwhile i apply for a change of status to student visa to gain time and not be out of status as the stamp on my passport expires on 09th July 2017.

My questions are :

Should we be worried about my husband's getting his green card, although his asylum was granted and they did know about the misdemeanor when they granted it to him??
And should I apply for COS from B2 to F1 stating him as my sponsor, before he gets his green card and files I-130 for me?? or should we wait till he does??
I'm also So worried i might be pregnant!! and as i mentioned my 6 months stay ends on 9th of July 2017 and even if i apply for COS, how much time would that buy me, i mean i dn't want to bring a baby into the equation especially that if he was born overseas, i don't think i might be able to secure a visa for him since i resigned from my job???
Last question, if i do overstay waiting for the response to my COS, would it affect my chances of applying for Pr in Canada?? and if they denied my request will it void my B2 visa??
Please Mr. Rajiv any insight would be highly appreciated.
Thank you so much for this.
P.S : We are from North Africa in case you need that information to assess our situation.

 

[aks341]

FAQ: Doing business in the USA on a B-1/B-2 visa

Dear Sir,
I have been working in the US on H1B last few years. I applied for a B2 visa recently. But the visa stamp in my passport shows B1/B2.

If I start a business registered in the USA and India, and move to India.
1) Am I allowed to travel to the USA as a B1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?
2) What kind of paperwork would I be asked to show at the port of entry?
3) B1/B2 visa stamp is valid until 2026; Do I need to renew it everytime before travelling to the US by going to the US consulate or any other office?

Thanks a lot for your help.

 

[Rubane]

FAQ: Do jobs have to be same or similar when I port my priority date?

Dear Rajiv Ji,

I'm on H1 visa and on my 8 th year ...visa is getting extended based on I 140 approved. I'm getting offer to join different company end client(currently I'm with consulting company) designation not decided yet. In my current employer I'm manager and wondering if I get different position in other company like Director or solution architect or Sr Manager...and if I joins that company what affect that will make on my current approved I 140 or GC process. Is this safe to jump?I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.

Please put some light on this also I have not filed I 485 yet since my priority date is back in 2013 in EB2. Also my wife has H4 EAD does that impact as well?

Many Thanks

 

[AS17]

FAQ: Is it legal to do business in home country while working in USA on a visa?

Dear Rajiv,

I am a Canadian citizen currently working in the U.S. with a TN visa.

I am planning to start a Canadian business part time with a partner in Canada (also a Canadian citizen).

I've read that starting a U.S. business is not allowed while I'm working in the States with a TN visa, but I cannot find sufficient information online about whether I can operate a Canadian business part time while I am in the states as a Canadian citizen.

Please let me know if this is possible from a legal standpoint or how I can alter my situation. If so what would the caveats be? This business is primarily online.

Thanks,
AS

 

[Shiva_rocky]

Dear Rajiv Sir,

Background Info :
Current Status "H1B visa". Got my H1B approved for 21 months. I have my H1B extension in mid week of June, 2017. I don't have a project in hand. I'm paid salary by my company irrespective of whether i'm on project or not.

1. Would like to know the least time available to file for H1B extension before current H1B expiry date.
Also the chances of H1B extension getting approved if my employer files for " In House Project ", provided my company offers services to few clients in relevant field which i work.
Do i have any grace period (60 days) for change of status or will i become out of status immediately if when my H1B expires (or) if my H1B doesn't get approved while in processing.
2. Would like to know the options available for change of status (or) to stay in USA legally.
3. Scenario : " H1B to F1 to H1B".
I would like to know if i can change my status from H1B to F1 status by joining a university. If yes, how much time it would ideally take for change of status (or) time taken for SEVIS transfer ?
4. Can i change back to H1B status from F1, if i get offer from an any employer while i'm on F1 status with CPT as my work authorization at that time.
If yes, do i need to go through the lottery process again and apply for a fresh H1B petition (or) can i just file an H1B petition for change of status from F1 to H1B with my new employer as i will have unused H1B years from my old H1B.
If yes, in any one of the cases . what would be the ideal processing time and processing type for change of status to H1B. If my H1B petition is Approved, do i need to travel outside USA and get my H1B stamped again for change of status from F1 to H1B ?

Thanks for your your time and appreciate your response in advance for looking into this.

 

[Priya-b]

FAQ: Consequences of I-140 revocation

Hello Rajiv Sir,

Background Info:
Current Status: Second "H1-B Visa" valid till 2019.
Approved I-140 on Dec-20-2016, still within 180 days of approval.
Full-time employee and part of a group "Downsized", last day at work will be May-15. Which is still with in 180 days of approved I-140.
Spouse: H4 Dependent, Applied H4 EAD on Jan 27th 2017. Under processing and pending approval.

Questions:
1. Consequences if revoked (I-140) within 180 days. Benefits, if unrevoked(I-140) for 180 days and end date at work still be May 15th (or, should i ask my employer to EXTEND my end date till end-of June so i complete my 180 days of I-140).
2. How question (1) above will impact H4-EAD which is under processing. if approved before May-15th H4-EAD is still valid and can be used ?
3. Does it mean after May-15th (last day at work) i have 60 days grace period to look for a new employer who sponsor my H1-B?


Thank you,
Priya

 

[monica1]

H1B Revoked? Whats next?

Dear Rajiv Sir,

Hope you are doing good, I need some adivise on H1B Revoked Petition. is this also kind of a lottery?

I got my cancelled petition from my Previous employer after many request, till that they kept me in dark.
I came on H4 visa (dependant on spouse) in US in 6th September 2016, And I also had H1B petition from company x which was "Approved" in September 18th 2016( H1B was filed in FY 2016).
I resigned my company x from US in October 2016 and then my company revoked my H1B petition.
1. On 18th September 2016 - H1B Petition was "Approved" with USCIS case status as "Case was Approved"
2 .On 23rd November 2016 - H1B Petition was "Revoked" with USCIS case status as "Revocation Notice Was Sent" on USCIS site it says , On November 28, 2016, we revoked the approval of your case, Receipt Number WACxxxxxxxxxx, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by December 12, 2016

PS -
1. My H1B visa was never Stamped or Activated as I first entered US ONLY on spouse dependent i.e. H4 visa on 6th September 2016 and NOT on H1B visa.
2. I got the cancelled petition now wherein I see it was valid till 2019. Request if you can guide me on how to go about my case. am I Case Exempted? if i get any employer can I use the revoked H1B petition which was never activated? what % chances are there sir.. your inputs will help me to change/transfer to any other employer here in US. Sir I didnt resign the company intentionaly , but came to support famliy and look after kid on H4. I am worried as on whats next steps.


I consulted many renowned attonerys paying them but some say this should allowed and some say its not -
1. It depends on the mood of the attorney who is going to review?
2. Technically if this was not allocated to someone else then again they will assign this to me and i will be cap exempted?
3. Technically if it was cancelled before oct 1 then i am NOT cap exmept as its cancelled, but if it was cancelled after oct 1 which is in my case then i am cap exempt?
4. I have never used this for 1 day and my Change of Status( COS) from h4 to h1 was not filed while doing h1b? so i cant use it?
5. I didnt travel on this h1b for 1 day in US so this cant be activated?
6. This a grey area to USCIS and i may or may not take risk? is the system so poor?

My take is -
a. isnt USCIS should see the reason for revocation when it was allocated to a person? i feel they should see the reason? if it was job left due to personal reason and its revoked then further it should be given to him/her?
b. if the reason for revokation was "due to some illegal" activity then this should never be activate? isnt it?

Your guidance on how to go about? should I file a new in 2018 quota or work on the old case? your guidance to new comers is helpful.

Thanks
H1B Aspirant

 

[monica1]

Hi,

My parents came to US on green card on March 3, 2013. Last time they left US
but they were not able to return within 1 year due to my mom's health issues.
They did not get re-entry permit before leaving because their intention was
to return within 1 year. Now its been more than 2 years and I was wondering
if they can get Returning Resident Visa to return to US and keep their
permanent resident status.