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Thread OPEN to Post Questions for June 01, 2017 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, May 19, 2017 at 3:23 AM.


    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
    CALL DATE: June 01, 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. vid1311

    vid1311 New Member


    I am Vidya and am a green card holder. My husband, Radha Krishna, is based out of Bangalore, India. I have applied for his green card under F2A category through consular processing and his priority date is 30MAY16. We have received his I-130 approval notice as well.

    My questions relate to interpretation of the US visa bulletin and the actions we have to take there of:

    1. The visa bulletin refers to two tables, dates for filing applications and final action dates. The latest bulletin, June 2017, for category F2A, has 15AUG15 specified for final action dates and 08APR16 for dates for filing applications.

    2. Assuming that the dates move at the same pace, we might see the dates for filing applications move to 08JUN16 in a couple of months from now. If this happens, will my husband be eligible to apply for the next step (consular processing) or have to wait for the final action dates to become current? When will he be eligible to take action on the next step?

    3. Once the application is filed, how long will it be before a decision on awarding a green card is taken? Is that the final action date as specified in the bulletin? And when will he be eligible to enter the US and start working? Could you please clarify the next steps for us?

    I will appreciate all the help in this matter.


  3. ContactGS

    ContactGS New Member

    Hello Rajivji,

    Thank you your service and help to the community and apologizes for my long descriptive post.
    I recently changed my job and joined my employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed.
    I was approaching my 5th year on H1B which on 10th March 2017 (with an year to complete 6 years on H1B).
    In the meantime my employer filed my GC PERM application. My H1B was still in process at USCIS and got an RFE.
    While responding to the RFE my employer requested for 2 years of H-1B visa. 1 year for the 6th year on H1B and another year extension as my PERM application was filed.
    My H1B visa got approved for 2 years with end date of 10th March 2019.
    I'm planning to visit India and I have to go for visa stamping.
    My employer is saying that I can take the H1B approval notice and client letter for visa interview and these are all the documents that are needed during the interview.
    Because of the current environment around H1B visa, I'm wondering if I have to carry supporting documents related to the PERM application as I got the additional 1 year because of PERM filling.
    I requested my employer for the PERM application A-number but is unwilling to give to me. Is there any other way get the PERM A-number?
    Also would I be able to change my employer after my 6th year on H1B visa even if my PERM application is pending or I can do it only after I get I-140 approval and 180 days?
    On other lines what is RFE and audit of GC?

    Thank you for your help in this matter.

  4. Ravi Shiramwar

    Ravi Shiramwar New Member

    Hello Rajivji,

    Thank you your service and help to the community.

    I have a question regarding the 6 years of stay in USA on H1B.

    First time, I came to US on L1B Visa in July 2010 & went back end of May 2012. So, this was around 23 months. My L1B was valid until May 2013.

    After going back to India, IBM applied for H1B in April 2013. At this point of time / application filing, it was not 1 year stay out of USA as I came back in May 2012.

    I got H1B approval in August 2013 valid from Oct 2013 to Sept 2016.
    After this, I traveled to US in August 2014 on H1B & I am here till now.

    My question is, till what time I can stay in USA. I know for H1B we get 6 years. But will this count my earlier stay on L1B ? For more than 2 years, I didn't enter to US.

    Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?

    Thanks in advance. !!!
  5. AnandBrahmbhatt

    AnandBrahmbhatt New Member

    Hello Rajivji,

    I am on EAD since past 4 years and No H1B. I have couple of questions regarding what are the repercussions of leaving an old employer who originally filed Green card application (EB2).

    1. Can the old employer revoke I-140 ?
    If yes, (i)what could be the implications if I-140 is approved since 6 years and I-485 pending since 4 years?
    (ii) does the new employer required to file new I-140? If yes, what if they do it in EB3?
    (iii) is priority date retained from the first I-140?

    3. During change of jobs, does the new employer need to file new I-140 in addition to Supplement J or AC21 form?
    4. How long does the supplement J form takes for approval?
    5. What happens if supplement J is denied?

    6. Can I work with new employer without filing supplement J?
    7. Can I travel outside of the country while supplement J is in process? What if meantime old employer revokes I-140?

    8. Is it difficult to change jobs without having proper documentations (do not have I-140 approval copy), have I-140 receipt & case number?
    9. How do we know if employer revokes I-140? Is there a communication from USCIS ? Will I know?
    10. How safe it is to join new employer with I-140 approved since 6 years and I-485 pending since 4 years?

    11. Can I still continue working with new employer despite of supplement J denial?
    12. If the old employer does not take any action (i.e. no revoke, etc.), does the priority date gets retained?
    13. What happens if I-140 is revoked and Supplement J is denied?

    Thank you.
  6. charantejm

    charantejm New Member

    Hello Sir,

    I have completed Masters from a for-profit university which is not eligible in Masters quota. However, while applying H1b for First time in 2014 I have requested employer and attorney to apply in Non-Masters (Regular) Quota. While filing i129 petition, in form "H1B Data Collection and Filing fee exemption supplement" Part C Numerical Limitation Information section -- "CAP H1-B Bachelor's Degree" is checked.
    1. Does it mean my H1b is picked in Regular quota ? (And not Masters quota) ?
    Reason for ask is few of my friends received Intent to Denial notice recently when they have applied for H1b extension saying University is not eligible for Masters quota.
    2. Is Masters degree (From For Profit university) eligible for EB2 category ?

    Thanks in advance.
    Last edited: May 19, 2017 at 4:02 PM
  7. Theja14

    Theja14 New Member

    Hi Rajiv,

    I am on H1b. One of my friends have a product based company in India. I am planning to market the product in US.
    I) Can I start a sister company in US to market the product?
    2)Should I name it differently or the same company name(Indian company)
    3) What are my privelages on sister company?
    4) Will this be any helpful to obtain GC ?
    5) Please let me know if I have to take any other precautions as I am on H1B.

    Thanks & Regards,
  8. Rex

    Rex New Member

    Dear Rajiv Khanna,

    I'm on H1B and in the process of applying for EB-2 NIW, recently submitted I-140. Few weeks ago I have found I have been selected in the latest diversity lottery (DV18). I understand since I'm in the US already I should be applying for change of status but it's not clear how I should proceed at this point. I have read conflicting reports that I should either file DS-260 immediately or not file it at all and wait till August-September when I should file AOS, or make an appointment with USCIS ASAP for establishing eligibility for AOS or wait till I file I-485 and get called for an interview. I understand my I-140 should not affect the diversity visa change of status application, but then again I'm uncertain and worried.

    Just to be clear, I want to apply for permanent residency using the diversity lottery since I have this opportunity. I have retained a lawyer for EB-2 NIW but they don't do diversity visas and I was unable to find a lawyer in my area to discuss this, I'm getting a run around to come back in August. I would appreciate if you could list a sequence of steps I should take in your opinion.

    There is another issue, I have been arrested on child neglect charges seven years ago (in the US). I left my son in a car while I ran to the store for a few minutes. It was a dumb thing to do but nothing bad happened and the charges were dropped, I do have an arrest record as a result though. I was wondering whether this could impact diversity visa application more than I-485 filed after EB-2 or is it the same? I want to minimize the negative effect it could have on any of my applications and would like to hear your opinion on which path had a better chance of success.

    Thank you in advance

    Last edited: May 21, 2017 at 10:14 PM
  9. 123Kathy

    123Kathy New Member

    Dear Rajiv Khanna,
    Our EAD is expiring on 10/28/2017 .How many days before the expiration we can file the extension. There is conflicting information from USCIS web site . At one place it says 180 days before expiry Vs other place it says 120. Please advise the correct data.
    Thank you
  10. Kakarrot

    Kakarrot New Member

    My OPT EAD expires in 15 days. I have applied for I20 opt extension from my DSO but they haven't issued me yet saying my SEVIS is pending from USCIS.

    DSO said that they submitted 3 requests to USCIS to update my SEVIS but they have rejected all of them. As SEVIS is not updated DSO is not issuing me I20 opt extension.

    And also DSO doesn't have any information on what is the reason for SEVIS not getting updated??

    In this situation what can I do ?? Whom do I need to follow up with ?? When I called USCIS customer care, they are not able to help me on SEVIS.

    Please provide your valuable inputs as I have less than 15 days before my OPT EAD expires.

  11. Vin16

    Vin16 New Member

    My I140 was revoked per employer A's request in 2014 after I transferred to employer B and the original 2011 priority date was not retained in the new I140. After my attorney contacted USCIS three times I140 online case status changed to name was updated and then approved again. Amended approval notice was not sent and my attorney now says per the new Jan 2017 rule priority date from revoked I140 cannot be retained as the rule is not retroactive. Please advise if I can still retain the original priority date.
    Last edited: May 22, 2017 at 10:37 PM

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