Recording Available, November 30, 2017 Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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.

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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: December 14, 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.

 

[Thankyou_Rajiv_Ji]

Dear Rajiv Ji,
Appreciate your Services to the Community. Have a simple Question. I am sure this will be faced by many others. Please Guide.

1. Person with H1B / H4 enters USA with a Passport valid only for 10 months and receives I-94 in his/her passport until the end of the Passport validity
2. After 3 months of entering USA H1B transfers his H1b / H4 to Company B and receives new I797 with I94 attached to it with a validity of 3 years
3. Person with H1B / H4 applies for new passport from within USA and receives it before the expiry of passports

Question:
Person with H1B / H4 has a valid I94 for 3 years and need not worry and they are IN STATUS until the end of I94 from Company B. Am I right?

Thanks
Aadhik

 

[H1B Aspirant]

FAQ: When does one become H-1B cap exempt?

I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never travelled to US on that. And when a new employer applied for a cap exempt H1B petition in 2017 they it got approved with change of status to H1 in May 2017....Where as in my case i also didnt used this H1B visa and i even didn't travelled to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but i got a Denial . When contacted few attorneys they said i may get "Approvals" Or "Deny" in such cases, now a days its more of denails saying i am NOT cap exempt?

1. But what was different in this case? why was that approved technically?
2. Can I use the same I 797 and try again with new employer and take risk?
3. is it illegal for me to use the I 797 and try finding employer?
4. Will USCIS have a track and go back and see the previous history of denial and deny a Visa for me again?
5. Pls suggest what is the best approach for me? cant go through the Lottery cycle again as its painful.

Request you to please answers and Thanks for listening and helping me!!

PS - Currently i am on H4 dependent in US.

Regards
H1B Aspirant.

 

[Namaskaar]

FAQ: Filing EB-1C, International Managers or EXecutives green card

Hello Rajiv,

I entered US in 2014 on L1A, then changed employer mid 2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?

Appreciate a detailed reply with reason.


Regards,
VS

 

[ContactGS]

FAQ: Erroneously given longer duration on H-1B than eligible

Hi Rajivji,

I'm completing 6 years on H1B on 14-Jan-2018 and I have a visa stamped with the same date from my previous employer on my passport.
When I changed job on 24-Jan-2017 I received an approved I-797 with an expiry date of 14-Mar-2019.
I'm not sure if there was an error from the employer or attorney while filing or while approving the application.
Now I have a approved I-797 with an additional year which would mean 7 years on H1B at a stretch.
I'm planning to visit India with my wife (on H4 visa) next month for couple of weeks and return back before the visa expires on my passport.
Also I'm thinking of not getting the new visa stamped on my passport and just show the approved I-797 to the officer while entering US.
Do you see any problem or issues if I do this?
Thank you for your help and advise.

Thanks,
GS.

 

[ballwin3]

Hi Sir,

I came to US when I was 9 yrs. old on H4 visa with my parents. I completed my elementary, middle, high school, bachelor’s and master’s here. Due to applying and reapplying of my parent’s green card, I was aged out so I changed to F1 visa and completed my master’s. Got a position during college career fair and started working with company A with my OPT. While working at company A, consulting company B, applied for my H1 and got approved.

So, I left company A and joined B on Oct 1st. However, the project was getting delayed, so I didn’t join the project location after joining. While I was waiting for that project, company A approached me to file my H1 visa transfer. Once I got a receipt notice, I sent a resignation to company B and I rejoined company A from Oct 26th onwards. Yesterday, company B told me they got a site visit and asked about me at the workplace. Also, the Company A H1 transfer application received a RFE about Level 1 question and paystubs. So, my questions are:

1) Since I didn’t work with company B, I don’t have any paystubs. Is it legal to be on leave for three weeks (Oct 1st – Oct 25th) on H1? Do I need to get a paystub from the employer?
2) Company B applied in level 1 and it got approved, but company A also applied in Level 1 and got RFE, do they need to refile my H1 in level 2 to avoid this problem?
3) If my H1 doesn’t get approved, what are my options?
4) If I get another job with higher pay in between and file my H1 with another employer in Level 2, is that a good option?

Thank you for your time.

- Ballwin3

 

[CVadde]

Hi Rajiv Ji,

My H-1B 6 years completes on March-2018 and my employer submitting my I-140 this month end.

I have some Questions regarding the status change from H1b to H4 EAD:
a) If my I-140 gets approved after March-2018. Can I change from H1B to H4 EAD and can I come back from H4 EAD to H1B in future (Means Can I use my approved I-140 for H1B extensions)?
b) If my I-140 gets approved before March-2018. Can I change from H1B to H4 EAD immediately or do need to wait 180 days?
c) After My H1B 6 years completes. Can I move to H4 EAD and come back to H1B anytime in future (Approved I-140 for H1B extensions). Is it possible?

My main intention is to change from H1B to H4 EAD asap, at the same time I don't want to loos the opportunity in case if I want to come back from H4 EAD to H1b in future.

Please please suggest me

Thank You
CV

 

[YPZuniga]

Hi Rajiv -

I have some questions regarding my case.
I got married to a USC in Dec 2011. I got conditional green card in Jun 2012. I have filed for I 751 in June 2014 and it got denied in Nov 2016. Filed a new I 751 in Dec 2016 and it got denied in feb 2017, but never got communication about it. Recently received NTA like couple weeks back with no dates. We are still married and in good relationship. What are my options.

Thanks,
YZuniga

 

[shri]

FAQ: Porting green card to a self owned company under AC21 portability

Hi Rajiv,

Question about self portability

I am considering working contract jobs while employed by a self owned company. I am on GC-Ead (pending AOS). Considering the mandatory filing of supplement J forms in case of job change. Is there potential for rejection? Considering that it will be a brand new company and no turnover at the time of filing supplement J

Thank You
Sri

 

[bodhikiran00]

FAQ: AC21 green card portability for a lateral move from developer to analyst

Hello Mr Khanna,

I am currently working on a GC-EAD. The I-140 was approved for title "application developer (oracle financials)" soc code 15-15051. I would like to make a lateral career change from developer to functional analyst. It will involve the same ERP software, I have picked up the skills to perform the new role while performing the previous job i.e it will be a lateral move (There are skills overlap between the two roles). Do you see any issues with doing this?

Thank You
kiran

 

[NewHope13]

Are all employment-based green card applicants being interviewed now due to the new executive order, or are some of your EB-2/EB-3 clients who filed after March 6th, 2017 getting approvals without interview? And what is your understanding for why the Nebraska Service Center is so much slower than the Texas Service Center?

 

[ggun]

FAQ: Revocation of H-4 EAD rules

H4 EAD
I have recently heard lot of news about the H4 EAD will be removed and DHS are planning to decide on it after Dec 31st 2017. How much of this is true? Please shade some light.

 

[Anand Joshi]

Hello Rajivji,
I was formerly on F1 and currently on H1B. I have always received a security background check while issuance or renewing my VISA from India.
My wife was formerly on F2 and then on F1 and has NOT received a check during any of the visa issuances from India.
Now she is currently in USA with an approved I797 for H4.
Does she risk a background check if she attempts to get her H4 stamping from Toronto?

Thank you

Anand Joshi

 

[Catchram12]

FAQ: H-1B RFE for specialty occupation

Hello Rajiv Ji,

I have received a speciality Occupation RFE. As part of the RFE i am asked to provide:
1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.
2. Percentage of time spent on each duty" - i work on multiple projects and also on some internal projects. I work as a full time employee and work in client locations as required during conducting workshops, trainings etc. I do not work out of client locations.How do i split the tasks?
3. "level of responsibility" - what is expected here

I am an IT professional with 12+ years in the same company/products and have a Masters in computer applications(MCA) degree from India, my degree is B'com.

Thanks,

 

[eb3indiagc]

Dear Rajiv Ji,
Appreciate your Services to the Community

Rajivji, could you know how long it would take in NSC that I-824 (requesting for a duplicate approval notice)
would take? I have filed an I -824(requesting for a duplicate approval notice) on June 27th 2017.
I still haven't heard anything from USCIS. My lawyers through my company are asking
me to just wait. I'm a little nervous as the wait seems to be strangely long. Any thoughts
from you Rajivji,

Thank you for your help and advise.

 

[Andy T]

Hi Rajiv Sir,

I love and appreciate this service that you are doing for the Community.
Here is my situation.


-I had sent a request for Premium Processing(I907) to TSC on an already pending I140
-That request for Premium Processing was lost by UPS (Surprising
-After waiting for about 4 weeks, My attorney sent another request for Premium Processing.
-That request was received by USCIS and application was processed and an RFE was issued.
-A week later they found the original package which was lost by UPS and cashed the check.
Would it be possible to get a Refund on this? As they can't premium process an application which is already under Premium Processing.

 

[servant]

Hi Rajiv Sir,
I came to US when I was 6 yrs. old on H4 visa with my parents. I completed my elementary, middle, high school and currently pursuing a Bachelor's degree. Due to applying and reapplying of my parent’s green card, I will age out in May 2018 and hence have applied for COS [ H4 to F1]
The case has been filed to Vermont Service Center. Since the processing times are ridiculous [ almost 8 months] and also the delay in adjudication of the case may not allow me to do the summer internship in a prestigious company. In this scenario, do you think it will be advisable to go get the visa from the consulate?. Please advice
Thank You!

 

[esys]

FAQ: TN applying for green card

Mr.Rajiv,
Thanks for answering my questions and the service you are providing ..

My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019).

I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B.

My wife wants to stay on TN (kids on TD) as long as possible because employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.

Assuming I receive an approved I-140 and H1-B, my questions are
1) What will be the impact on my wife's future TN's either new ones or renewals?
2) What's the risk if I travel with the kids over seas and enters the country ?
3) What's the risk if my self, wife and kids travels over seas and enters the country ?
4) What's the risk if she travels over seas and enters the country by her self?
5) What's the risk if she travels and the kids travel over seas and enters the country ?
6) What are the safer options for me, my wife and kids after my approved I-140 ?

Thanks a lot for your time and help..
esys

 

[Adil_Michigan]

Hi Rajiv,

My company is getting ready to file for my AOS. My salary has increased by 50% since the perm was filed and approved in 2009. I read on the USCIS website that "normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations"
My job responsibilities are 75% same as to what was mentioned in the Perm except some decommissioned software. Could this increase in pay and change in 25% job responsibilities have any impact on my I485 application?

Thanks,
Adil

 

[I485_help]

Hello, we have an upcoming trip to India and our I-90 application is pending for name correction. We are unable to get infopass appointment in our jurisdiction for I551 stamping.

Will it be ok to travel with I90 receipts and original GC (since it is not expired). Also, will it be an issue to get the passport stamped at a different USCIS office (outside our jurisdiction)?

Thank you!