CONFERENCE CALL WITH ATTORNEY RAJIV S. KHANNA POSTPONED TO DECEMBER 12, 2019

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DEEPAMENON

Team Member, Immigration.Com
Staff member
#1
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
Call Date: 12 December 2019
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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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#2
Change in job title during Green Card ?

Hello Rajiv Sir,

I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -

· Generally someone with industry knowledge and/or software knowledge

· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention

My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -

· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be

My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.

I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.

I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?

Can you please give me some insight so I can get promotion within same organization without affecting my green card, because I like working here and want to continue here but also want to grow in my career.

Please guide me what is best solution for my situation ?

Thanks so much for your help !
 
#3
  • H1B , I-140 Approved with priority date 2013
  • Company 1 Worked a Senior Technical Project Manager and got I-140
  • Company 2 Worked a Senior Technical Project Manager and got I-140 - Lost my job now.

I am getting new job as a developers right now.

My new employer is fine to give me offer letter as a Senior Technical Project Manager and keep my job profile as a Senior Technical Project Manager but he wants me to start work as a developer at client place.

What all important things I will take care so that I will not face problem with my green card please guide me ?

I should try to find only job with similar job description what I was working since long so many years ? Right now I don't have job and Senior Technical Project Manager might be difficult to find in short time duration.

Please guide me what are the possible options I have ?
 
#4
Hi Rajiv Khanna,

My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.
 

AAMR

New Member
#5
Hello Mr. Khanna and Ms. Menon,

i applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485.

1. Birth Certificate for the Petitioner - which we had already submitted with the original application. Not sure why they asked again - but we will send it again with all the relevant secondary documentation as well.
2. Birth Certificate for the Beneficiaries - (as per snip below). We have submitted birth affidavits for both my parents with the application - as my parents are born 1941 and 1945. Both do not have Birth Certificates.

Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?

Or

Should we try to get a NABC (Non Availability of Birth Certificate) document from a municipal authority in India. Also I have read about this being issued at the Indian Embassy in USA - but have heard / and read - that is not accepted if issued by a Indian Embassy.

If any of you have any suggestions or thoughts - it will be greatly appreciated.

Regards.

1574087496318.png
 
#6
Mr. Khanna,

Is it mandatory to maintain non-immigrant status (H1B) until the I-485 application is approved (a green card is issued)? I am not sure whether USCIS will send an RFE and/or call for an interview when my PD becomes current. I am currently working using my EAD card and recently learned that H1B status must be maintained until I-485 is approved. If this is true, are there any situations that this condition applies and not applies. Please advise.
 
#7
Hello Sir,
I am currently in process for my naturalization. My interview was cancelled without any notice. Since them I don't have any update on my case. When I checked my status online, it still shows that I was scheduled for the interview. That interview did not take place since they cancelled. What did you recommend at this point? What action can I take to have an update?
 
#8
I am on H1-B and I lost my job 7 days back. I have I-140 approved with Priority date 2015
  • Do I need to inform USCIS that I lost my job and I am searching for job ? if yes how and where ?
  • How many days I stay in USA and search Job ?
  • My I-140 was approved 8 months ago and now my employer said that he will revoke it , what will be impact on me after he will revoke it I-140 ?
  • Am I able to extend my H1-B, once he revoke my I-140 ? ( my H1-B 6 years are completed)
  • If I will go back to India and search job from India, can consulting companies transfer my H1-B in this particular situation ? or I will face complication ?
Can you please suggest what all things I should do in my situation in Immigration prospect ?

Searching job is highest priority for me and if I get job all the issue will resolve but in case if any delays in getting job, then what all possible options i have survive with present immigration situation ?
 
#9
Hello Rajiv Sir,
Thank you for your time. I have been on your call few times I have applied for I-485 using cross changeability in Dec 2017 and I am still waiting for an interview, Now that the normal processing time is close to 38 months My wife has a daughter is Nepal and her ex-husband has taken custody of her daughter in Nepal so she needs to go to Nepal to file a case while we are still waiting for the interview.
I did discuss a similar scenario with you before you said my wife can give the interview from Nepal but our lawyer is not willing to split the application saying the officer may want to test the validity of the marriage.

Q> will the congressman be able to help in this situation? or anyone else I should approach?
 
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#10
Hello Mr. Khanna,

Both my PERM and I-140 (under EB2-India) petitions were approved in 2010. My I-485 petition was filed in 2012, and I have valid EAD/AP through this I-485 petition filing. As EB3-India priority dates were moving faster than EB2-India’s, I recently downgraded to EB3. My new I-140 (filed under EB3-India) has been approved.

I am still with the petitioning employer. Given my situation, can I take up a similar job with a different employer (under AC21 portability)? If so, what are the risks associated with it?

Thank you!
 
#11
Hello Rajiv Sir,

Thank you for your suggestions and valuable time.

Following is my situation:

1. H1B Extension+Amendment Applied on 19th Sep 2018 - with SOC Code 15-1151
2. I-94 Expired Dec 2018 and 240 Days expired on August 30, 2019 – Case filed as (Extension+Amendment). The Amendment was filed due to address change of Client from one place to another.
3. Converted to Premium on Sep 20, 2019. RFE issued on Oct 2, 2019 for Specialty Occupation for Client with a due response date of 12/30/2019.

Question:
1. Can I just withdraw the whole petition? and go out of the country and travel back on H4
2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?
OR,
Are we bound to respond to RFE and get a decision (Approval/Denial) so that the stay from the expiration of I-94 from Dec 2018 until now stays Legal/authorized?

Thanks again.
 

rahulgopaljoshi

Registered Users (C)
#12
Namaste Raajiv Ji

H1-B Extension with Employer A Pending (Same Employer Extension) + Current H1-B I-797 not expired and also visa stamped about 5.5 months out in future.

1) Can I travel internationally while this H1-B Extension is pending - and make a re-entry on my current visa H-1B still valid beyond the re-entry date ?

2) Would there be issues with two separate I-94 with different dates - if my H1-B Extension gets approved while I am still on my travels - and subsequently I am re-entering with my current H-1B visa expiration dates ?


Thanks so much

Rahul
 
#13
Hi Rajiv Khanna,

My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.
Please note I never had a H1B visa stamping before.
 
#14
Hi Rajiv Khanna,

Please note I never had a H1B visa stamping before.
My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.
 
#15
Hi Rajiv Khanna,

I have a question related to the visiting visa of my parents from India.

My mother's name is not full in my passport. My passport has her first and last names(middle name missing) but whereas my mother's passport has her full name.

I want to know if this will be an issue in getting visitor visa for my mother due to the difference in names in both the passports? And will it have any effect on my future visa proceedings.

Thanks!
 
#16
Hi Rajiv,

I am from Europe and I have my Naturalization Oath Ceremony in a few weeks. Therefore, I will soon have my US Passport.
Here are my questions:
  • My mother is coming to visit for Christmas for a month and is thinking of staying and I want to apply for her green card
    • She has her flights booked and her ESTA ready
    • Should I wait to apply for her green card until she is here? This way, would she qualify for adjustment of status, since she is in the country legally through travel VISA?
  • My brother is currently under F1 VISA, and is thinking of doing OPT or doing his Master's
    • I will apply for his green card ASAP, however is there any way I can choose which processing center my application will go to? California where I reside has 8-10year wait time vs Texas 8-11month wait time. I have family in Texas and therefore I could mail from Texas if that means that it will go to Texas Service Center
Your time is greatly appreciated!
 
#17
Hi Atty. Khanna,

My partner is a teacher and was granted a J-1 visa on September 25, 2019. We've been together under one roof for 5 years and undergone the rite of Holy Union since same-sex marriage is not honored in the Philippines. I would like to seek advice on the best possible way on how to go to the US. Should I still push through with the J-2 visa application or as a tourist or visitor?

Thank you in advance and we highly appreciate your advice.
 
#18
Hello Sir,

I lost my job and my current visa and I-94 will expire on 31st Jan 2020. My priority date is 2015.
I am planning to go for contact job with small firm because I do not have much options in hand , I have checked on myvisa.com that this small firm getting queries in almost all the case. I am parallel searching for job with bigger firm.
Smaller consulting company applying for my H1-B extension and transfer and they will deploy me to some project.
My question on possible situations:
  • Can I start working on receipt number ? this is legal ? As I don't have job and need money to support family.
  • If I get query in my visa extension application which is filed by small consulting company and when I change job with bigger company. Will I face Issue with my H1-B extension with bigger company because with small company I got query ? not sure what will be implication in this situation ?
  • If my visa is rejected with small company then do I need to immediately leave USA ? or I will get 60 days grace period again ? I am already in 60 days grace period right now.
  • If my visa is rejected with small company then can I immediately file H-4 Visa to survive in USA ?
  • If my visa is rejected with small company then can I immediately file H1-B Visa with some new employer ? H1-B rejected will affect my new H1-B extension ?
I am sorry for so many questions but I will be really grateful to you if you can guide me on all the above situation ?
  • I used to work with MNC 3 year back and they filed my H1-B and I got I-140 from them in EB-2 and they have not revoked. With same MNC I did projects as a manager outside of USA and now if I will join them back as manager.
    • DO they need to restarted my green card again ?
    • Can they upgrade me to EB-1 ?
    • Can I use my old experience to execute project outside of usa more than 1 year for EB 1 ?
 

DEEPAMENON

Team Member, Immigration.Com
Staff member
#19
Questions from our Community Member:

I have two I-140 from company A and Company B with priority date 2014. I lost my job with Company B now. Completed 8 Years on current H1-B visa.

Q1.
Company B revoke my H1-B , so how long i can stay in USA ?

My friend told me that if company B don;t revoke H1-B then i can 60 days but it they revoke H1-B then i have only 7 days to find new job.

Q2.
If i get job with company C then with my OLD I-140 from company A and B , can i file H4-EAD for my wife ? or my new company C needs to file my green card and when i get I-140 from company C then only i can file H4-EAD for my wife ?

Q3.
Can you please tell me that is any government rule is there to revoke H1-B because i asked my Company B to not to revoke my H1-B till i get new job they said this is government rule to revoke H1-B immediately but i know lots of my friend company waited till they got new job in 1/2 months.

Q4.
If I go back to India and after 6 month i get job in USA, new company will able to file my H1-B ? they need to extend my current H1-B or they need to file new H1-B. if have to file my new H1-B then i will be in cota exempt or i have to go through new H1-B lottery ?
 
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