AUDIO only recording for June 29, 2017 Conference Call

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
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Audio Recording: http://www.immigration.com/sites/default/files/June29_audio_recording.mp3

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: July 13, 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.
 
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Possibility of USCIS not accepting PERM Applications for EB3

Applicants
Hi Rajiv Ji,
This is VJ. Thanks for your services to the Community. Highly appreciated.

I am in US on a H1B VISA for the past 9 Years.
1. I got my first I-140 with Company A with Priority Date of May 2008 in EB3
2. I got my second I-140 with Company B with Priority Date of October 2014 in EB3
3. I am with Company C. Company C is not willing to file a PERM. But I prefer and like to stay with Company C and plan to extend my H1B until my Priority Date is Current using the Approved I-140 from Company B.
4. I have to time my Exit from Company C and join Company D who will be willing to do my PERM so that when I get my Approved I -140 I can file for 485.

My Fear:
1. I just have a Bachelor's Degree and my track is EB-3. However I have started to pursue my Online MS here in US.
2.Right now the USCIS is making it pretty hard for people with just Bachelor's Degree to get a H1B and come into US and I am thinking that this same kind of restriction might be introduced for people with just Bachelor's Degree to get a PERM. Or the USCIS might tell that they will not accept any new PERM applications for people with just Bachelor's Degree.

What will be your advise?

1. Hurrp up and transfer my H1B to Company D (fearing USCIS may restrict PERM) who will be willing to file my PERM and I-140 and stay with Company D until I get my Green Card
2. Stay with Company C until the priority date is current and no need to worry on USCIS restrictions on PERM from EB3 for Bachelor Degree Holders

Should I take Option 1 or Option 2? Please advise.

Thanks
VJ
 
Thank you Rajiv ji for for all your services to the community.

I, my wife, and my elder daughter, all have a valid GC. Though we live in
India I file my taxes in the US and also have a valid I-131 till Feb 09th2018.

In Oct 2016 we adopted a baby girl in India and I wanted to check if
I will be eligible to apply for her GC based on our current status.

What will be the process in this case? I mean, will I be able to apply from
here in India, what forms etc. that needs to be filled. She is holding an
Indian passport.

thank you
 
Hello Rajivji Namasthe.

1)My employer applied for my F1 to H1 petition ( i-129 ) last year in April 2016 with job location at Client A. But my H1b was denied in October 2016. MTR applied in November 2016.

2) This year in April 2017, Employer applied for another H1 petition from F1 to H1 with same client location.


On 30th May 2017, my 2016 H1 petition is approved with Client A. But my 2017 H1 petition is still pending. If my 2017 Petition is not cancelled by my Employer A. Will it have any impact on My approved 2016 H1b petition.


3) on the other hand i have another H1 petition from another Employer B that is also pending. This H1b petition is an inhouse project.


My questions . Is it ok for employers to wait for USCIS to either approve or deny my 2 pending 2017 h1 petitions.

1) 2017 H1 petition with Employer A and Client A
2) 2017 h1 petition with Employer B and In house project
 
Stuck in FBI background check for over 9 months (just got to know from an Infopass appointment).

Raised a service request and also have a Congressman's office checking with USCIS.

Anything else I can do?

My naturalization case is complicated -- travel history of ~6 months a couple of times + circumstances of green card approval are rather complex and rest on a nuanced reading of the law (I've consulted you about it a few times in the past and gotten excellent advice -- so, won't get into the details here).

Big question then is, I'm not sure if there is anything else I can do? And, if there is, I'm not sure I should rock the boat and potentially have a denial notice sent over?
 
Hello Rajivsir,

--------- Family Immigration ---------

My husband's parents are US citizen since past 2 years.

1. Can they apply for his son's (my husband's) green card?

2. Have heard that if the children (my husband) of US citizen parents are in US and if they apply for his(my husband's) green card, it will come within one year. Is that true?

If no, then how long usually it takes?

3. Will this impact the existing green application through employment based?

--------- Employment Immigration ---------

4. How long can one take a break from work while on EAD and waiting for I-485 adjudication? Is it safe to take longer vacation (around 3-4 months) with no paycheck? Will there be any problem during I-485 adjudication?

5. Leaving company A (originally filed Green card) and joining company B with supplement J filing, is it possible to join back company A? If yes, is it required to file any new documents by company A (who originally filed green card), as the supplement J was filed by company B during changing jobs?

Thank you.
 
Hi Rajiv,

Could you please help me on below situation.

My GC EB2 PERM approved on May 05 2017 (Priority Date: Jan 16 2017). With in 4 months, My Employer starts I-140 filing.

My 6years H1B is being completed by June 2018. Can my Employer file H1B Extension (When I-140 is in process with USCIS) based on my PERM approval?.

Regards,

Krishna.
 
FAQ: 60 days grace period for H-1B
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Dear Rajiv Sir,
My Project with My Client will end soon and my employer doesn't have any further projects and asking me to go back to my home country (India) by end of this month. My Visa is valid till Aug 2017 with extension filed. So I am considering to resign on last day of assignment. ( no new employer found yet).
1) as per new Rule would I be getting the grace period till my i 94 expires i.e till Aug 2017? Is this correct? ( 60 days grace period rule)
2) Also during this Grace period Can I apply for a Change of Status to another non immigrant Visa - F1 ? (change to a different nonimmigrant classification.)
if yes and F1 filed after termination of employment, will this not be considered as timely filed which can result in problems in the future?
3) if F1 is filed Should I start my classes before I94 expiry date or can I Start in September or should i wait till F1 is approved ( after 90 days from date of filing F1)?

Request your response!
Thanks!
Ann
 
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Rajiv JI,
This question is pertaining to time currently taken to approve F2A petitions.
I am a GC holder.

1) July 2017 Visa bulletin has 2 tables for F2A category.
https://travel.state.gov/content/vi...lletin/2017/visa-bulletin-for-april-2017.html
Can you explain what these 2 tables mean.
A. FINAL ACTION DATES FOR FAMILY-SPONSORED
PREFERENCE CASES
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS

2) Currently doing my job interviews to get a job in India. Hypothetically, lets say I get married in Oct1, based on the July Visa Bulletin, how much time it takes my wife in India to
get her F2A petition approved through consular processing?

Thanks,
Arjun
 
FAQ: Is a copy of I-140 approval required to extend H-1 B?
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Hello Mr. Rajiv,

I followed your instructions to obtain my I-140 approval notice through submission of form G639 towards FOIA. However, nearly 5 months after applying, I receive a CD from USCIS, containing my I-140 petition with a LIN number and an "Approved" stamp but USCIS claims they could not locate the I-140 approval notice in their database; the physical copy of which my employer refuses to give me. I have my I-140 approved for more than 180 days now.

My question is, if I change my employer, given the recent changes to I-140 rules for revocation/withdrawal, can my H1-B be extended again for 3 years, with me providing only the LIN number (which can be verified for an approved I-140 on the USCIS website) towards H1-B transfer to my new employer? Do I strictly need to provide the I-140 approval notice to extend/transfer my H1-B to new employer?

Thank you in advance!
 
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Hi Sir,
I came to USA on Diversity Visa (lottery based) from Nepal. I got my greencard within 2 weeks of my arrival to USA. Back in Nepal, when I first applied for the US visa, I was planning on marrying a guy (Guy#1) in Nepal, so both of us applied for the visa application as a married couple (proof of marriage was not asked in the initial application and there is no marriage certificate also).
Soon the marriage alliance broke and I planned on moving forward with the visa application as a single applicant.
In my next couple of interviews for the visa,I stated myself as single. My greencard also states my status as a single applicant.
After getting my US Visa and before coming to USA, I got married to another person (My husband) .
I would like to bring my husband to USA. The Guy#1 is back in Nepal, and I am not in touch with him.


Questions:
1) How can I bring my husband to USA?
b) Can I apply I-130/I-130A (Petition for Alien Relative) for him and bring him with no queries about Guy#1?

2) when I log into DS-260 (online website to check visa status) , I still see the previous Spouse's name (Guy#1), will this raise any problem if I apply for his I-130? I do not see the name of Guy#1's name in any other place.( neither in green card nor in my visa stamp on my passport).

3) Can you suggest any other way to bring my husband.

thank you very much in advance for your help.
SB
 
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FAQ: Child Status Protection Act in employment-based petitions
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Hi Rajivji,

Thanks for helping community!

I wanted to understand how Child Status Protection Act (CSPA) works in case of employment based green card (EB-2) of parent.

Situation:
My priority date is of 2012 under EB2, I-140 approved and cu. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+

Regards
DS
 
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Protection of section 245 (K) for employment-based I-485
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Hi Attorney Rajiv,

Question: I94 expired but H1B extension decision was pending when AOS was filed

My H1B expired: May 20th
Extension filed timely in March.
Extension denied: June 9th (after RFE response)
AOS filed as dependant on spouse's EB1 application: May 24th

Will there be any issue with my I485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I94 expired? What should be my next steps?

Thank you!
 
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Hi Rajivji,

My dependents H4 visa stamp on passport is about to expire on 1st September 2017 and they are planning to travel outside U.S in October 2017 with I-94 valid till 1st Sept 2017. If I file H4 extension now for my dependents and what if they travel during October 2017 outside U.S with H4 extension still under processing/pending?

My H1b visa stamp on passport is about to expire on 1st Sept 2017 but have valid I-797 petition approved till Jan 2019 and I-94 valid till Jan 2019. Would it cause any issue at port of entry if I travel outside U.S some time in first week of August 2017 and enter U.S in 3rd week of August 2017 just one week prior to my expiration of visa stamp with valid I-797 & I-94 valid till Jan 2019.

Thank You!
 
Hello Rajivji,

Here is my situation.

I am on h1 b and currently on 6th year with company B(as consultant to client). I have approved i140 with Company A(full time no client).

My current h1b is expiring on jan 2018 and company b has not filed extension yet.

Got an offer from company C(FullTime no client) and started transfer process and lca has been certified. They have not filled h1 transferred as of today but probably will be filing this week or next week. Approved LCA is filed till jun 2020.

Also got another offer from company A(with whome I have approved 140) but h1 transfer process is not yet started.

My question

1. Is it ok if all below is going in parallel? If not what would you advise?
- h1 transfer from company A and C?
- h1 extension from company B
2. Will I get 3 years of extension from company A or C because I have approved 140?
3. Because of no premium processing, is it ok to join on receipt?
4. Based on your experience once the h1 extension/ transfer filled, when should I expect the receipt?
5. Based on your experience once the h1 extension/ transfer filled, when should I expect the approval notice?
6. I have come across with few people where h1b extension has been rejected. Is it true that new administration is doing lot of rejection?

Thanks a lot for helping the community.
 
Hello Rajiv ji

a. I have been employed by a large company A (>8K employees ; Not an H1B dependent employer) since Nov 2008 . My PD is Aug 2009 in EB3 and my I 140 is approved and waiting for dates to become current. I have had 3 H1B extensions since then .
b. I have another company B ; who have filed for and got my PERM approved under EB2 category . I have not ported the priority date from Company A as yet . I plan to do that with the I 140 filing with Company B .
I want to continue to work for employer A ; till GC comes thru .

Questions
a. Do you see any issues with this porting of the PD to employer B and getting the GC .
b. While still working for employer A ; can Employer A come to know that I have ported their PD to employer B in anyway. I want to continue the H1B extensions with employer A till GC comes .
c. In case after porting the PD to employer B ; if the GC process with employer B runs into any issues ; I will still have the GC process wth employer A to fall back on . Do you see any potential issues with this .

Thanks for your service to the community .
Thanks
RS
 
Hi Rajiv Ji ,

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

Here are the details of my case ..
I was in USA from 2005 to 2011 ( initially on F1 visa & then on H1b)
In 2013 , I was denied admission on H1b & application withdrawn ( I -275, I-235 ,I-212 ) at the airport
In 2015 , I sucessfully attended Immigrant Interview in India & then entered USA on a Iam Conditional GC.
As Iam now towards the end of the 2 year conditional GC Period , Iam filing for a Removal Of Conditions (I-751 ).

My Marriage is joint filing ( i.e in good faith , no issues) .
I have Most of the docs together ( Jointly held , lease , auto insurance , Utility bills ,etc ) .
Taxes filed together . I have a baby born as well in USA .

While reviewing the I-751 Appln , I found Question 20.

"Have you ever been arrested, detained, charged, indicted,
fined, or imprisoned for breaking or violating any law or
ordinance (excluding traffic regulations), or committed
any crime which you were not arrested in the United
States or abroad."

I have the following questions for you ..

1) Is Question 20 , pertaining to the entire immigration history of mine in the United states or is is after the Immigrant Interview of 2015?

2) How do I answer Question 20 , is it an "YES" or "NO"


Your Advise is Greatly Appreciated.

Sameer
 
Hello Rajivji,

Thank You for hosting this conference call.

My PERM was denied in last week because the job advertisement stated that it needs an EIT certification. However, in my PERM application lawyer did not mention that I have that cert. In reality, I have that cert. Lawyer applied for CO reconsideration and submitted copy of my certificate. My question is how long does the process of reconsideration take? Should my company refile my PERM?

My H1B is expiring end of Sept.17. I was out of country for 2 months. So, I am hoping that I would be able to capture those 2 months.
 
Case Category: Family Based Green Card Petition (filed by Dad) / F2B
Priority Date: June, 2011
I'm currently in United States on Student Visa (STEM OPT) and it expires in Aug, 2018.
  • If my priority date becomes current per Dates for Filing chart, am I eligible for Adjustment of status?
  • If my Student Visa expires after filing for Adjustment of status, will that be an issue?
  • My sister (US Citizen) filed F-4 Petition for me (Priority date: June, 2011). Can I apply for Adjustment of Status on that basis?
 
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