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Recording Available, May 05, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Apr 22, 2016.

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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: May 19 , 2016
    -----------------------------------------------------
    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: May 7, 2016
  2. Himani patel

    Himani patel New Member

    Hello, my question is regarding adjustment lf status for F4 category (family based) .
    I am on student visa and i was included in approved i-130 as a deriavative beneficiary ! As my u.s.a citizen aunt filled i-130 for my mom !our PD is sept 2004!
    Moreover my mom has b-2 visa too!
    As per new visa bulletin , dates for filing action chart shows may 2004 for F4 (family based) ! So can i expect to file my i-485 according to DOS chart when PD becomes current?
     
  3. zeenia

    zeenia New Member

    Waiting on USCIS to renew my husband's H1B and my H4, we have even done premium processing. My lawyer says the USCIS is behind in processing everyone's renewal. The Biggest problem is our visa expiration has passed and so has our Driver's license. How I can get a DL?
     
  4. kintal

    kintal New Member

    Hi Rajeev sir,
    My current H1 is valid till June20,2016 and i-140 approved (1 month back) with current employer. Also extention has been filed already. I am in my 6th year of H1

    Now i am getting job offer from company B. In this case, please clarify on below questions

    (i) Should there be "waiting period" after I-140 approval and before changing employer?
    (ii) If new company initiates transfer before June -20 but joining is in July. As transfer will be still in progress(regular), will it be issue for H1 transfer approval? or should i wait till the h1 transfer apprved?

    Thank you again for your time!
     
  5. immgnhelp2014

    immgnhelp2014 New Member

    Hi Rajiv Ji,

    Thanks a lot for doing this conference call for the Community.

    I had posted a similar question on last Conference call but was unable to attend the Call.

    My Wife is a US Citizen by Immigration(Not through birth) .My wife(US Citizen) is Pregnant & her due date is around October 1st 2016. Due to unforseen circumstances
    ( my current employment being temporary , Health Insurance etc ) ,
    Iam exploring Options of whether my Wife's Pregnancy Delivery could be done in India or in USA .

    CRBA (Consular Report of Birth Abroad (CRBA)) --- Birth Abroad to One US Citizen and One Alien Parent.

    http://hyderabad.usconsulate.gov/reporting_births_abroad_and_citizenship.html

    https://travel.state.gov/content/tr...s-policies/citizenship-child-born-abroad.html
    (Birth Abroad to One Citizen and One Alien Parent in Wedlock)

    BORN OUTSIDE UNITED STATES: If the child is born outside of United States then its US citizenship is dependent on the parents' status of citizenship. A child can become a US citizen by birth if:
    One parent or both the parents were United States citizens at the time of the child's birth.
    The child is born to one parent who is a US citizen and who must have lived at least 5 years in the US before the child was born, and at least 2 of those years should have been after the parent's 14th birthday.

    I had few questions for you.

    1) In order for the future child to be a US Citizen by birth(i.e through CRBA), the US Citizen Parent

    Does the five years of physical presence in the U.S for the US Citizen Parent need not be continuous(i.e 5 years at a stretch).
    ( my wife first came to US on a green card in April 2008 & became a US Citizen in November 2014 .
    Her first 2 trips outside USA were for more than 6 months & 3rd trip was for less than 6 months )

    2) CAN A CONDITIONAL GREEN CARD HOLDER TRAVEL ABROAD , & IF YES , FOR WHAT DURATION(ANY UPPER LIMIT OF TRAVEL)??

    3) CAN A CONDITIONAL GREEN CARD HOLDER SPONSOR HIS PARENTS FOR A VISIT VISA?
    IF YES , WHAT ARE THE DOCUMENTS DOES THE GC HOLDER HAVE TO PROVIDE

    Your Advise is Greatly Appreciated.

    Sameer
     
    Last edited by a moderator: May 5, 2016
  6. SriRan

    SriRan New Member

    Hello Rajiv, My question is regarding LCA violation/Back Pay. I am a H1B employee having full time employment with annual salary. My employer filed a new LCA for me effective October, 2015 but started paying me as per new LCA only after April 2016 and that too after multiple follow ups. Till April 2016 or for last 6 months, I was paid as per my old/expired LCA. Now, I have NOT received my back pay or retro wages as per new LCA for 6 months. I believe company is willfully doing this by violating the LCA rules to save money. Please advise if I should log a complaint with DOL for this kind of violation or contact an attorney.
     
  7. mohit.kapil

    mohit.kapil New Member

    Dear Mr. Khanna


    I have come to usa on family immigration visa F11 category on 7 march 2016 165 $ online fees paid on 19 feb 2016, I have not received my plastic green card as of date more than 50 days are over. I did my immigration at ABU Dhabi airport buz I was travelling by Etihad airways

    My question

    1 I want to go back to india for my marriage can I travel on I 551 and re-enter usa without any problem

    2 after marriage I am planning to come back in September 2016, marriage will change my marital status will this be any problem in reentering usa .

    3 If I travel to India on I 551 stamp, USICS will send my green card on my mailing address or they will hold my green card till I came back to USA

    4 If in my absence my family member receives the Green card can they send me my green card via courier?

    5 generally how many days USICS takes to send green card on my mailing address
     
  8. A Golwala

    A Golwala New Member

    Hi Mr. Khanna

    I seek your help on B2 visa for parents who also have approved I-130 (F4 category) filed in year 2003 . Recently they were denied B2 visa on grounds of immigration intent. Their B2 visa application stated fact on their I-130 with explanation that they no longer wish to immigrate to US and they are fine with withdrawal of approved I-130 petition (for which visa priority dates are also current). Two questions.

    1. Can chances of getting B2 visa be improved by voluntarily withdrawing I-130 petition, which beneficiary is no longer interested?
    2. As a beneficiary, can they request voluntary withdrawal of I-130 petition, (if original petitioner does not co-operate)?
     
  9. AnnCl

    AnnCl New Member

    Dear Rajeev,

    Thank you very much for conducting this community conference.

    I am seeking your help for my immigration question on H1B.

    I had my H1B done by company A in 2008. I stayed in USA and worked for company A from mid 2008 to mid 2009 and moved back to India in mid 2009. After that I never came to USA. Later on I transferred my visa from company A to company B last year and got the visa stamped in Jan 2016. I did not travel to USA with this visa yet. I have been working for company C since mid 2009 in India. Now once again, I transferred the visa from company B to company C and the petition is approved
    a) Can you please let me know whether i have to go for visa stamping once again in India for company C or Can I fly with the visa from company B?
    b) If I have to go for visa stamping, is it recommended to go immediately for stamping or better to wait for few months?
    c)what sort of documentation is recommended to carry for the visa interview?

    Thanks
     
  10. Aditya Gaitonde

    Aditya Gaitonde New Member

    Hello Rajiv sir,

    Thank you for conducting the community conference call.

    I have an urgent question related to my H1B.

    I have a potential layoff scenario by May 15 in my current company by which I have filed my H1. My H1B is approved till 2019 however, I will go out of status as soon as I get laid off.
    How do I make sure to maintain a legal status till I find another job? How much time can I stay without a job on H1B petition? Is there any way to make sure that I can stay longer?

    Please let me know.
    Thank you

    Aditya
     
  11. parthasengupta

    parthasengupta New Member

    Hi Rajiv,

    I have two questions:

    1. I have my I-140 approved on 03/2016 and with PD of 04/2015. After the I-140 was approved, I also got my three years H1B extension valid up till 03/2019. I wanted to know the implication of changing my job before the 180 days of 1-140 approval.

    2. If I move temporally to H4 under my spouse H1B, is there any implication on my approved I-140. Can I move back to H1B using my approved I-140 from H4.
     
    Narendra b likes this.
  12. Saji_chs

    Saji_chs New Member

    Hi Rajeev,

    Question on STEM OPT.

    I am employed now working on 12 month OPT ending(June 28) with 65days unemployment days.

    I am in process of obtaining I20 for STEM OPT from my university. I would like to know what will happen if my STEM application doesn't reach USCIS office for STEM OPT processing by May 10 ?

    I understand that if its application is "Under Processing" as on May 10, USCIS will issue RFE. But what if my application itself has not reached yet ?? Will they still give me an RFE or disqualify my application since it did not start processing my May 10.

    Thanks!
     
  13. san1236

    san1236 New Member

    Hi Rajiv,

    First of all thank you for the community conference call.

    My Current Situation:
    I have H1b Visa stamped and Original I-129 petition from a reputed company A, India. But still I haven't traveled on H1 Visa yet. My petition was approved by USCIS on 8-Dec-15. Both my H1 Visa validity and petition end date is only till 7-Dec-16. I assume it can be extended further.
    My wife is currently working in US on H1B with company B. And I also have B1/B2 Visa valid till 2018.

    Currently I am planning to quit A, as I am not getting US project here.
    Below 3 options I am able to foresee:
    1) Find a company/consultancy in India, who can do H1 to H1 premium transfer in India itself, and then travel to US on new H1 petition.
    OR
    2) Apply for H4 stamping using wife's H1 from company B, then travel to US on H4 and search a job, and change the status from H4 to H1 via new company C under premium.
    OR
    3) Can I travel on existing B2 to US, and find a job with existing H1, then transfer?

    Which of the above 3 options would you recommend?

    Below are related important queries:
    1) As mine will be unused H1 Visa or petition from original petitioner. Are there chances of rejections/denial during H4 to H1 transfer OR H1 to H1 transfer?
    (Read in some forums that as per new USCIS rule since 2014, they can reject transfers before 1-Oct)
    But my H1 was under 2015-16 cap, so its beyond Oct. Still are there chances of rejections due to unused H1 petitions during transfers?

    2) When I quit company A in India, Will the company A can revoke my H1 Petition, even when I am not working in US?
    Are there any complications which can arise when A revokes my petition, which can affect my future H1 transfer or extensions?

    3) If required in future, can the new company C, will be able file a cap-exempt H1 petition for me anytime? And how to identify my approved petition I-797A is cap-exempt ?

    4) Does my existing H1 will be marked CWP or Cancelled when I go for H4 stamping at consulate? Will it have an issue during future H4 to H1 transfer?

    5) Last one, does opting for H1 to H1 transfers via Consultancies are safe or better to go via reputed companies?


    Thanks a lot in advance for reading through patiently!

    Regards,
    Santosh
     
  14. pointbob

    pointbob New Member

    Dear Mr. Khanna,

    I am a Canadian citizen living in Canada: born May 1950. My mother and father (b. 1927) were born in Canada. My grandmother (b. 1894) on my father's side was born in the US and lived in New York until her 20s when she married my Canadian born grandfather.

    My possibility of acquiring citizenship by descent thru my father rests with the 1940 Act that requires he lived 10 years in the US prior to my birth ~ which he did not.

    But the problem I'm having is that my father could not have become a US citizen until the 1994 INTAC corrected the gender inequality of the 1940 act (jus sanguinis was thru male bloodlines). So even if he wanted to be a US citizen he was prevented from claiming that birthright until he was almost 70 ~ which impacted his his ability to fulfill the 10 year residency before I was born . Further he died a year later not even being aware of this 1994 correction ~ he never made the US citizenship oath.

    I'm sure if the 1940 Act did not have the stipulation that citizenship could only be transferred from his father he would have spent more time with mom's family in New York state; thereby satisfying the residence reqs. of section 201 (g) 1940. My grandmother had a large family in the US and her sister (my great Aunt) also married a Canadian. Dad did want to be an American and his multiple trips to the US as a non-immigrant/traveler showed his unawareness of any possibility he ever could be a citizen


    In fact I've been to the US many times and felt a real American connection but was completely in the dark about any citizenship possibilities until I recently started researching my genealogy.

    Could I apply for US citizenship thru the Doctrine of Double Constructive Retention based on my US born grandmother who lived in the US until her 20s?

    Thank You
     
  15. Narendra b

    Narendra b New Member


    -------

    I have also same kind of issue: Please answer Rajiv.


    1) I got an approved I-140 from company A and moved to Company B. - (I am on H1b beyond 6 years.)


    2) Right now my Labor got approved and I-140 is submitted and In progress with company B.


    My question is : I want to move from H1b to H4 and come back H1b when my priority dates comes current.

    if this is ok, what is the process when I back to h1b and do i need to file again new labor and i-140 with either company b and new company C.
     
  16. ram_la

    ram_la New Member

    Hi Rajiv Ji,
    I was just made aware of a situation about my H1B visa (with approved I-140 of priority date in June 2010) that is not controlled by me, that could cause issues about my status. Currently we are expecting another child and my wife (on H4) is in last trimester of her pregnancy.
    • I was working on a long term project at client-A for about ~2 years. They have a contract employee roll-off after 18 months on project for about 90 days.
    • I changed client and joined client-B end of last year (last week of November 2015), I was supposed to re-join client-A after 90 days. My employer did not file H1B amendment hoping that I would be re-joining client-A.
    • Due to some unforeseen contract issues I was not able to rejoin client-A (around Feb 2016).
    • Now (End of April) my employer is filing H1B Amendment for location with client-B. What are my chances of getting it approved. I cannot leave this country immediately since we are expecting a baby anytime next month.
    Please advise on my situation and what is the best course of action for me.
     
  17. Calista1

    Calista1 New Member

    Hi Rajiv..I need advise here.I came here on an F2 visa in 2012 and changed it to H4.I haven't gone home yet and intending to travel this summer.My f2 visa expired after two years and now if I travelled home I will need a stamp for the h4 visa..My husbands job was applying for his green card and are waiting for perm labour certification..Can I go home and get the stamp from the embassy ...are there any chances that I may get trouble coming back...please let me know...I miss my family so much it's taking a toll on me and I feel like I can't wait any longer as its beginning to affect my health.Please advise.. Another question is what is required by the embassy to get the new H4 stamp?I am from Kenya ....Thanks
     
  18. pointbob

    pointbob New Member

    (this is a NEW question about the Doctrine of Double Constructive Retention which has not been addressed..thank you for looking at this)


    Hello Mr. Khanna

    Could I apply for US citizenship thru the Doctrine of Double Constructive Retention based on my US born grandmother who lived in the US until her 20s?

    I am a Canadian citizen living in Canada: born May 1950. My mother and father (b. 1927) were born in Canada. My grandmother (b. 1894) on my father's side was born in the US and lived in New York until her 20s when she married my Canadian born grandfather.

    My possibility of acquiring citizenship by descent thru my father rests with the 1940 Act that requires he lived 10 years in the US prior to my birth ~ which he did not.

    But the problem I'm having is that my father could not have become a US citizen until the 1994 INTAC corrected the gender inequality of the 1940 act (jus sanguinis was thru male bloodlines). So even if he wanted to be a US citizen he was prevented from claiming that birthright until he was almost 70 ~ which impacted his his ability to fulfill the 10 year residency before I was born . Further he died a year later not even being aware of this 1994 correction ~ he never made the US citizenship oath.

    I'm sure if the 1940 Act did not have the stipulation that citizenship could only be transferred from his father he would have spent more time with mom's family in New York state; thereby satisfying the residence reqs. of section 201 (g) 1940. My grandmother had a large family in the US and her sister (my great Aunt) also married a Canadian. Dad did want to be an American and his multiple trips to the US as a non-immigrant/traveler showed his unawareness of any possibility he ever could be a citizen


    In fact I've been to the US many times and felt a real American connection but was completely in the dark about any citizenship possibilities until I recently started researching my genealogy.

    Could I apply for US citizenship thru the Doctrine of Double Constructive Retention based on my US born grandmother who lived in the US until her 20s?

    Thank You
     
    Last edited: Apr 29, 2016
  19. Phani.charana

    Phani.charana New Member

    Dear Rajiv ji, I have NIW I-140 approved from Company A and after that I lost that job due to lay-offs, but the company promised not to withdraw the approved I-140s for all the employees who were laid off. Now I am working for company B. so My questions are:
    1. Do I need to transfer my I-140 to the new company or to my self or leave it as such.Which is preferred
    2. In case I need to transfer (to self or new company), do I directly start from I-140 petition or go from Perm-labor certification
    3. In case I can leave it as such, does this mean I can file I-485 when the priority date becomes current, though the I-140 is from the company I not working with anymore.
    Thank you for your services sir.
     
  20. jbird

    jbird New Member

    Hello Mr. Rajiv,

    1) My PERM was filed on 30th March 2016. Based on some recent regulation changes related to job change after I-140 approval, can I carry my priority date and I-140 to my next employer/job, if I changed jobs to a similar profile and how long do I wait to change my job, while carrying my priority date? Will my current employer have the right to hold the I-140 to himself?

    2) Can I ask new employer to continue the GC process using the approved I-140 from previous employer immediately? What legal reasons might prevent the new employer from starting GC process?

    3) In general why are employers hesitant to file GC process, either rejecting candidates for requiring GC sponsorship or waiting very long to file the employee's Green Card? Is it purely financial reasons or confidentiality of company information to the USCIS?

    4) Based on a repeated query asked by other members to this thread, I am curious to know why someone would try to change from H1-B to H4, after having their I-140 approved. Is there an inherent advantage to this?

    Thank you in advance,
    Jay
     
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