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Thread OPEN to post questions for August 24 Conference call

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Aug 11, 2017.


    DEEPAMENON Team Member, Immigration.Com Staff Member

    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.

    Conference Dial-in: : (202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30 PM, EST
    End Time: 1:30 PM, EST
    CALL DATE: August 24, 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.
  2. Anonymous0001

    Anonymous0001 New Member

    Hey. My friend is doing a 3 month internship on CPT (F1 Visa) but after first two months he noticed that there are no tax deductions in his pay check and in the contract it says that the company has employed him as an independent contractor(consultant). The company even asked for invoices from him which he gave. His internship is about to end on 16th Aug. Pls advise how to proceed and if this is a violation of any kind. The CPT has been approved by the University and he has all the documents (CPT i20, SSN, etc) as work approval proof. Also how to pay tax in such a case.

  3. arjung

    arjung Registered Users (C)

    Rajiv Ji,

    Thanks for your excellent service through this forum.
    I am a US permanent residence (Green card holder) working in the US.

    I have received my Re-entry permit which will expire in Feb 2019

    I have plans to get married to a bride from India and I will be visiting India shortly.
    I know that to process Family based second category GC (F2A) for my wife in India can take minimum of 2 years and I will be separated from my wife during this ti,e

    Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India.

    1) After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate.

    [****Please note at this time I have not filed F2A for my wife***]

    Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting USA to see her husband if the Visa officer asks any question?

    (My wife can further say to the visa officer that my husband is not applying for F2A as it will take more than 2 years and entering the USA through tourist visa is the fastest method)

    2) Wife travels to US with approved tourist visa and lives me with me for 6 months. As with tourist visa my wife can only stay maximum of 6 months, then she goes back to India and re-enter US through tourist visa to stay for another 6 months.
    This completes 1 year of my wife stay with me in the USA.

    3) After 1 year, I would get a job in India and relocate to India with my wife.

    4) ***Only after my wife and myself reaches India after living together in the USA for 1 year, I would apply for Family based second category GC (F2A)****

    Do you see any challenges in my petition for my wife's F2A GC get approved?

    5) Until F2A gets approved (expecting it will take 2 to 3 years), myself and my wife would live in India and then move together to the US.

    How does above plan look?
    Thanks again for your great service to the Indian community.

  4. jainus99

    jainus99 Member

    I am sorry I missed the community call, due to office meeting.

    I have follow up question:

    Old Question:

    1. How much time Prevailing wages are taking for Illinois state now a days ? my company filed my Prevailing wages at 20th July 2017, company HR is saying it will take 6 to 8 month to get Prevailing wages approval. i am not sure that time line it true or not.
    2. If company start parallel advertisement then how many months advertisement will be valid ? ( company HR said that if they will file advertisement then it will expire before prevailing wage will received ). can you please guide me how it works and what is best approach to same time in advertisement and Prevailing wages.
    3. HR told me they can't start PERM preparation parallel they can start PERM preparation once they will get Prevailing wages, as per my understanding that Prevailing wages will get amount only but they can parallel complete rest of preparation on PERM (Labor )

    Follow up question:

    Attorney is telling that Advertisement is valid for 1 month only, and if prevailing wages will come late then he need to post advertisement again, in my past advertisement I never heard anything like this. can you please guide me on below queation.

    1. What is validity of advertisement ?

    2. Please find below is job title attorney posted for prevailing wages for Peoria, IL. can you just give me some idea that it will fall under level 4 wages ?


    The responsibilities of the Senior Project Manager, but are not limited to:

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    · Evaluate model systems; create, build, launch and test new systems; repair systems

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    · Define systems strategies and develop system requirements

    · Design, prototype, test, and define support procedures

    · Implement custom technology solutions

    · Engage in full cycle implementation

    · Perform functional and system analysis, feasibility and design studies

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    · Research and implement new technology solutions and best practices

    · Project Planning, Scoping, Estimating, Monitoring and Control, Team development, Resource Management, Risk Management.
  5. kumar sena

    kumar sena New Member

    Hi Rajivji,
    I have a question on H1B stamping. I cam currently working with employer A. I have visa stamping till Nov 2018 and it shows name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing new employer , employer A? In the past, I have encountered similar situation and I came back successfully with out getting new stamp. I am not aware of current immigration law. Has there been any changes in this aspect? Should I go and get a new visa stamping reflecting my new employer? Please advice. I am grateful to your community services and really appreciate it.

    Thank you
  6. shweta gupta

    shweta gupta New Member

    Hello Rajivji,

    This is our 9th year in USA and my spouse (an H1B holder) recently switched his employer in July 2017.
    I started working full-time on H4 EAD since Jan 2017 in a non-profit organization . My spouse's H1B extension from his last employer is expiring Nov 1, 2017 and his both last and current employer have filed his H1B extension along with my H4, and H4 EAD.

    - If my spouse's employers have filed my EAD with his H1B extension, what are the chances of getting my H4 EAD approval before Nov 1st, 2017 while the premium processing is still suspended?

    - I have 2 pending EAD renewal petitions, one from his last employer (receipt date June 21) and another one from his current employer (receipt date July 18). Since, his last employer might have withdrawn his H1B extension petition, is my first H4 EAD filing still a valid petition?

    - I am afraid that I may loose my job if EAD does not arrive on time. Is there any option that I can use to continue my employment such as leave of absence etc.?

    Please help !
    Last edited: Aug 15, 2017 at 3:23 PM
  7. Mbali Mhlanga

    Mbali Mhlanga New Member

    Hello Rajivji,

    I hope you are well.

    I recently finished my undergraduate course requirements, but unfortunately missed the graduation application deadline.
    I have just received my EAD (i765) and will need to send in compliance within ten days. Could you please advise me on what my options are and if my status will be revoked because I have not been officially conferred?

    Is there anything I could do to be legible to start work even without being confirmed right now (I will be conferred in December)

    Please help.

    Thank you.
  8. VJX369

    VJX369 New Member

    Hello Rajiv,

    I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.

    I have few queries regarding my new H1B visa stamping and I-94.

    1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.

    2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.

    3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

    Kindly advise.

    Thank you
  9. Catchram12

    Catchram12 New Member

    Hello Rajiv ji,

    I had the following questions,

    1. I am on L1B which is valid until mid of December this year. My employer is processing my H1B based on my previous H1 that is within 6 years.
    a. Now that the premium processing is stopped until October can my employer go ahead filing the H1 in normal processing and come October convert into premium?
    b. If there are any issues with the H1B processing like RFE, can my employer apply L1B if required?
    c. Can another employer apply for H1B based on my aforesaid previous H1B petition while my current employer is processing it(If I want to switch jobs before H1 approval)?
    2. What are the general reasons for an RFE when applied for H1B

  10. anilkoleti

    anilkoleti New Member

    Hi Ragiv Ji,

    My Friend having a valid H1B with company A valid till 2019 and visa stamped. Due to some issues I don't want to work with company A and wants to switch to company B.

    My question is:

    1) Is it possible to transfer the H1b visa to company B while living in India? If transfer possible can he use old visa stamp come to here?

    2) Meanwhile, If company A revokes his H1B. Is it possible to transfer the H1b visa to company B? If transfer possible can he use old visa stamp come to here?

    Please Note:- I have not traveled to the US even for a single occasion since stamping.

    Please advise.

    Thanks in advance!!
  11. SJoker

    SJoker New Member


    Back Story:
    I went to US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
    The new job was remote work, so I started working from home for Employer B.
    I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to US with the approval notice as proof.
    My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019.

    Current Situation:
    Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
    In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
    After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
    In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
    This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).

    I am now trying to see what options do I have. My questions:

    1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?
    2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?
    3. In case the rejection also invalidates my extended visa, what are my options to visit USA again? If I apply for a new H1-B, can I apply before April or under 'H1B cap exempt'? What else can I try?

    If there is no scope to go back, what are my options in India:
    4. What happens to my assets (personal stuff, bank accounts, etc) in US?
    5. Can I continue to work with same employer from India (as a permanent employee) and receive the salary in my US bank account?
    6. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
    7. If I can no longer be a permanent employee, what other options do I have to work for that employer?

    Last year was a complete roller-coaster for me. Please guide me so that I can bring it to a stop.


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