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Final List of Questions for July 19, 2018 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Jul 6, 2018.

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  1. DEEPAMENON

    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: July 19, 2018
    -----------------------------------------------------
    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. DEEPAMENON

    DEEPAMENON Team Member, Immigration.Com Staff Member

    Question from our community member:

    Present Status: I-140 is approved and priority date Jan 2016. I completed my MS in USA.

    My company attorney/HR is telling me I can't get promotion till I get my green card approved. As per them this is Immigration law or this is part of green card process.

    Can you please confirm if there is immigration law which tells that if your green card is pending then Job title can't be changed and promotion can't be awarded?

    If this is not true, can you please give me some legal law reference, which I can share with my company management and then they can talk to HR/Attorney.

    I have lots of friends who are getting promotions while their green card is pending but I want to know your expert opinion.

    Thanks
     
    Last edited by a moderator: Jul 19, 2018 at 11:47 AM
  3. Rahul Surana

    Rahul Surana New Member

    Dear Sir,

    My L1-A was valid until Nov 18th 2017. I applied for extension but it was denied. Fortunately, I had valid EAD which allowed me to continue stay and work in the US. My EAD expires in June 2019. My Green Card is filed in EB1 (Priority Date 30th March 2017). I am waiting for my interview to be scheduled which might happen in Oct/ Nov this year.

    Since my L1-A extension was denied, as a result my dependent’s L2 also got denied. My daughter’s Advance Parole was valid until 21st May 2018 and she had to travel for medical emergency to India.

    I did apply for her AP renewal on March 19th 2018. I just got update that her AP is denied as she traveled while the decision was pending.

    Without valid AP or visa my daughter cannot return US. Her school is starting on 8th August.

    1. Is Humanitarian Parole an option to take her back?

    2. Do you process Humanitarian Parole requests?

    3. What are the chances of getting it approved?

    5. Generally, what is the timeframe for decision? Is there any option to expedite it

    6. What documents are required?

    8. What are the other options available (like tourist visa) for me?

    Given the current situation, I am really stressed and seeking your help in determining possible options for my daughter’s entry to US. I would really appreciate your quick response and any possible help and support in this case.

    Thanks & Regards

    Rahul Surana
     
  4. hemagiyer

    hemagiyer New Member

    Hello Rajiv,
    My father lives in the US with my sister and family. He has been a greencard holder since Jan 2017. He travelled to UK on a tourist visa for 3 months from 17-Mar-2018 to 10-Jun-2018. What are the rules in order to maintain his Greencard? The rules mentioned in the immi website is ambiguous.. He would like to be in India for another 3 months later this year (Dec 2018 to Feb 2019). Will this cause any problem during re-entry to the US?

    Thanks,
    Hema
     
  5. Mira99

    Mira99 Member

    Follow Up on my last week question:

    As you said in the call the you need to do search on my question below, if you get some time them please let me know more information on my question.

    Q1.

    I work as senior Project manager and my company is planning to send me India/Canada for 1+ year but I will get salary in USA only. Once I will be back to USA, I will request my company to file my green card in EB1 category. They are planning to pay my salary in USA only, will this affect my case ? or I should get my salary in the country where I am working.

    My company don't have any office in India/Canada, we have offshore vendor and I am going to work with them. that's why my company want to pay my salary in USA only. but i am not sure impact on green filing on EB1
     
  6. Praveen Dubey

    Praveen Dubey New Member

    Dear Sir,

    I had my H1 visa extension stamping appointment on Feb 21, 2018. Initially it was put under Administrative Processing and later on May 23rd my petition was send back for revocation. As per the inquiry with embassy they told me that "Based on the documents you submitted and the information elicited in your interview with a consular officer, you were determined ineligible for an H1B work visa. Your petition was returned to the Kentucky Consular Center (KCC) on May 24. Currently H1 status website shows KCC received the application on June 8. Once KCC receives a petition, it is returned to the approving USCIS office for review and possible revocation. At this point, USCIS can either reaffirm the petition or issue a notice of intent to revoke it. I have following questions.

    - What are the options available with me now?
    - Is there any way to speed up the process?
    - What are the chances of petition being reaffirmed?

    Thanks,
     
    Last edited by a moderator: Jul 19, 2018 at 11:30 AM
  7. hital

    hital New Member

    I have I-140 and I-485 pending. H1b ended on May2018 and applied for extention which is pending.
    Spouse entered US under parole status and is valid till December 2018, H4 visa has expired in May 2018
    Can spouse apply for h4 extention after approval of H1B extension? If so can it be done from USA or have to travel abroad for H4 visa stamping?
    Or
    Can spouse parolee status be extended beyond December 2018 if I-140 and I-485 is still pending?
    Thank you.
     
    Last edited by a moderator: Jul 19, 2018 at 11:31 AM
  8. meetleo09

    meetleo09 New Member

    Hello Rajiv sir,

    Need some advise on possible un-authorized employment (unknowingly/employer error) during my past stay in US and how that might affect my current i-485 application.

    Here is the background:

    Aug 2004 to Aug 2009 - I was on L1-B with a top 10 giants of IT industry.

    June 2009 - Since my 5 years on L1-B was going to be done soon, company applied for H1-B.

    Aug 2009 - My L1-B got expired.

    Dec 2009 - My H1-B got approved.


    Nov 2011 - went back to India after completing my 6 years term.

    Jan 2013 - Got my fresh L1-A approved

    May 2013 - I came back to US on L1-A

    Jan 2016 - Got my L1-A extension approved

    Oct 2016 - my Green card was filed.

    Present - I-140 is approved and waiting for the I-485 interview

    While trying to prepare for the interviews, I came across some questions on the forums. One of the questions were to look at the dates of the past visa approvals. So, just to make sure , I looked at all my previous approvals. And that is when I noticed that though my H1-B was filed in June 2009, it did not get approved till Dec 2009. And meanwhile my L1-B got expired. I had no idea about this at that time and my company's attorney's did not notify me either. So, I was working as usual and continued after my H1-B approval. So, I was working between Aug 2009 and Dec 2009 with a H1-B application pending status. A total of 4 months.

    Now that I have realized about this , I have few questions if you could help me please:

    1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?

    2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?
    Sorry , I could not provide the USCIS link nor upload the pdf. Please add u s c i s . gov to the start of the below link.
    policymanual/HTML/PolicyManual-Volume7-PartB-Chapter8.html

    3. Also, in the same link above, for counting the Un-authorized days , the policy says , "the period while the applicant had a pending application for extension of nonimmigrant status or change of nonimmigrant status, if USCIS ultimately approved the application, its not counted towards the 180 days". Which is again true in my case. So does this mean that it was not an Un-authorized employment ? (Please check the section E, Point # 4 under "Special Considerations" in the above link. )

    Kindly request you to help me out here. I know I need an attorney help. But trying to see how much I can research and gather before I go for a consultation. Please advise.
     
    Last edited by a moderator: Jul 19, 2018 at 11:32 AM
  9. Sarayleonsito

    Sarayleonsito New Member

    1. Hello everyone, this is my first post.
      My husband has a tn visa,he has it for a year and expired on June 21 but through the form I129 obtained the extension but still does not process the visa.
      We are from México and we have a 3-year-old son, for the moment we are visiting here in the USA and I am reporting on the form I 359.
      We want to change to B2 to TD.
      I would like to know if it is possible to process it even though my husband does not have a visa yet (but I129 is approved) and if so, what requirements do we need?
      He can obtain his approval through this for. Thank you
     
  10. b.sundar

    b.sundar Registered Users (C)

    Dear Rajiv

    Is there a rule that a person will have to go for a Visa interview instead of drop box if he has changed his employer, and the previous stamp expiration is less than a year.

    Thanks
     
  11. VIJAY AMIN

    VIJAY AMIN New Member

    Thanks for your help to community.

    NTA related question.

    I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing.

    (1) If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?
    (2) If we already left USA and notice came after that... is there any negative impact? Can I come back on H1B transfer based on I-140 approved? (Or I will consider as deported and never allow to enter USA on any visa?)
    (3) If we left USA, can lawyer represent our case?

    Thanks
    Vijay

    ---------------------------------FROM RJ111-------------------------------------------

    Hello sir,

    if possible then can you please explain below Immigration rule change in simple terms with some examples.

    Apart from below change is any other Immigration change happen recently ?


    I am not able to copy the link so I am copy pasting the Information below:


    Another day at the office for the Trump Administration. Another H-1B controversial memo comes out. The writing is on the wall, it’s not going to be an easy road for Indian techies who want to work in the United States. This memo in question has probably the biggest potential to jeopardise the career prospects of several Indian H-1B visa holders or the ones who are currently in the queue to get their visas approved.

    In a policy memo issued on June 28, the United States Citizenship and Immigration Services (USCIS) will start issuing NTA (Notice to Appear) letters to any person whose application for H-1B visa application is denied. Such visa holders will not be deemed to be staying illegally in the United States.

    During the Obama Administration, an Indian techie with a H-1B visa had the option of returning to India after the rejection of his visa extension application. In the earlier situation, he wouldn’t have got the NTA notice, whereas now through this new USCIS policy they will be considered as illegally staying in the United States after the denial of visa extension and the expiry of the original term of stay as mentioned in Form 1-94.

    Such a status will mean that they will not be able to leave America, till the time an immigration judge has heard their case and decided it. On receipt of the NTA letter, you will have to stay in America till the pendency of the outcome of such a case and will not be able to return to India.

    That’s added pressure and humiliation, considering that you are no longer employed, have been tagged as an illegal resident, and now need to face deportation proceedings. If you decide to leave the country, you will have to face a 5-year ban on re-entry to the United States.

    As many as 7 lakh Indian techies working in the US on H-1B visas will be affected by such an order. All the recent actions of the Trump administration towards tightening of the H-1B work visa norms has already put cost pressures on Indian IT firms with onsite hiring costs piling up. High operating costs will soon force IT companies to rethink their approach and perhaps make them rethink about their US operations. If that happens, will it really serve American interests? Let time be the judge.

    I am facing some issue to add content to my above post, so please forgive me to post my one question in 2 post, if possible for you then please merge both the question in one.

    Question: Best strategy after this post is

    1. We should file the H1B extension immediately when 6 months are left, in this case we will get six moth less in the extension because extension is always get on LAC date.

    2. We should file H1-B extension in premium process when one 2 moths are left. this will give 4 moths extra in H1-B extension

    3. When H1-B is expired then leave immediately to India and wait for decision and once H1-B visa is approve then come back to USA, face illegal resident issue.

    Kindly suggested best approach to handle this situation

    ----------------------------------------From Somasekhar ------------------------------------------------------
    Dear Rajivji,

    I am really grateful for all your support you have been lending to the community. Here are my questions

    1) I have my H1-B expiring on Sep 17, 2018. I applied for extension in Apr 2018. Got an RFE to establish employee-employer relationship. The end client is unwilling to provide a client letter and prime vendor is not willing to share the Statement of work or Master service agreement. What are my options in this case?

    a) Will the alternate documents like Co-worker affidavit, copy of work badge, screenshot of my profile in end client's portal, copies of my email suffice the RFE?
    b) Should we withdraw my petition, find another job and apply for extension with new documentation?​

    2) My I-94 is expiring 9/27/2018, If I find a new project with valid documentation when is the last date for filling my transfer or Amendment/extension?

    3) With H1-B expiring on Sep 17, 2018 and I-94 expiring on Sep 27; legally when will I be out of status?

    4) If I return to my home country after withdrawing my h1 extension petition, will my GC processing stop?

    5) Once the priority dates become current, can I file I-1485 living outside US?

    6) If the answer is no for Q5, what are the options to file I-485 and GC?

    7) If I change my employer get my petition approved with new employer; when the dates become current, can I join back my previous employer and file for I-485?

    With regards,
    Somasekhar

    -------------------------------------------------FROm Sathish007--------------------------------------
    Hello Mr. Rajiv Ji,

    My current I-94 expires on 12/28/2018 (issued at the port of entry using the AP).
    My current H-1B expires on 02/27/19, and EAD /AP expires on 02/21/2019.

    I am planning to apply for EAD /AP on 8/25/2018 (180 days before) and hoping that I get approvals before second week of Dec 2018. We are planning to go to India on 14Dec2018 and returning on 03Jan2019. Based on the past experience, we receive I-94 for 1 year at the port of entry. On 07Jan2019 planning to apply for H-1B premium.

    1. Do I receive NTA if my H-1B is denied ?
    2. Can I switch to the EAD if my H-1B is denied?
     
    Last edited by a moderator: Jul 19, 2018 at 11:45 AM
  12. shd

    shd New Member

    Dear Sir,

    I have entered USA on May/2005 in H1B, at the time of entry my age was 25 yrs and 9 months, right now I am 39 yrs old. I got my Green card in Sep/2013.

    I didnt register in selective service because I dont know, no one told me. Just a week ago I came to know that about this selective service.

    Now I am planning to apply for citizenship, there is a question in N400, question number 44 about selective service.

    Questions:
    1. Is it required for me to register in selective service eventhough I entered in h1b?
    2. I didnt register during my first visit, what to do ?
    3. If it is mandatory for me to register then what are the options for me to apply citizenship?
    4. If it is not mandatory then what should I enter in question 44. Yes or No ? because I entered in h1b but I was 25 yrs 9 months.

    Kindly help me in this regards.

    Thanks
    shd
     
    Last edited: Jul 11, 2018
  13. madeineu

    madeineu New Member

    Hello Rajiv,

    My immigrant visa recently got approved as an unmarried adult child of a US citizen(F11). I want to petition for my fiance. Can I marry her now in my country, immediately after I enter the US or do I have to wait for a period of time as a green card holder before I marry and apply for the I130(to avoid misrepresentation)?
    As proof of permanent residency do I have to wait for the physical green card or a copy of the immigrant visa is sufficient?

    Thank you very much for your time.

    Sincerely,

    madeine
     
  14. hital

    hital New Member

    Hi,
    Upon entering US port of entry, My spouse was stamped parolee and admit until date is March 2019. And as per pending status received EAD/AP combo card valid till date December 2018.
    I have noticed these days its taking more than 6 month receiving response for EAD/AP
    Now considering the long processing time which date should i consider for refiling?
    Thank you.
     
  15. Prasanna Nair

    Prasanna Nair New Member

    Hi Rajiv,

    Appreciate all the help you provide us!

    I currently work for employer A. My i94 expires in first week of Sept 2018. I also have an approved i140 from employer A that has been valid for over 6 months. Spouse is currently on F1 status awaiting OPT EAD (we have the I-757 receipt). She has graduated from a masters program recently.

    In June I received an offer from employer B, which I have accepted.

    Also in June 2018, employer A filed to extend my H1 status. No premium processing used, only regular processing and we have the receipt of the filing. Employer A's lawyer expects the decision to take a few more months.

    Since adjudication might go past I-94 validity (early September 2018), Employer A now wants to upgrade my existing petition to premium processing and add h4 and h4 EAD to my existing application.

    Meanwhile, employer B wants to file for an h1 transfer (and extension) based on the i-140. They are also willing to concurrently file for H4 and H4 EAD with premium processing. They are doing the paperwork and will most likely complete filing in a week or two.


    Questions :
    1. Will upgrading employers A extension from regular to premium processing now allow my spouses H4 and EAD to be processed under premium category? Or will spouses change of status be subject to independent regular change of status?

    2. Will two companies filing / seeking for h1 extension, h4 and h4 EAD under premium processing adversely impact my chances for working for employer B?

    2. My personal attorney suggested that I try to avoid this scenario (suggesting it could affect the H4 and H4EAD) whereas the law firm for employer B says there is no issue if both companies are doing this around the same time.

    Who is correct? What should my strategy be? I want to switch jobs and work for employer B.
     
  16. madeineu

    madeineu New Member

    Rajiv,

    In filing I130 for spouse is it necessary to send beneficiary's birth certificate? The I130 instructions do not list that.

    Thank you so much.
     
  17. Sarika21

    Sarika21 New Member

    Hello Mr. Khanna,

    I am currently on F1 OPT visa valid until Feb 2020. The H1B petition through employer A is approved but Change of status from F1 to H1B is denied because I travelled to Canada for a family emergency when the decision was pending. I got a notice that I have to travel to India and get stamping to work on H1B visa. But I cant travel because of my pregnancy until Nov 2018. My questions are:

    1) Can I continue working on F1 OPT until Nov. 2018 and then go to India for stamping in Nov/Dec 2018 and after that start working on the H1B status?
    2) If yes, do I need to notify USCIS or file any paperwork?
    3) In my case, Is there any deadline to go to India for stamping or I can go anytime before my F1 visa expires?
    4) What are the other options?
    5) Employer B wants to transfer my H1B visa. Can they file the transfer petition before stamping?

    Thanks
    Sarika
     
  18. deals4kr

    deals4kr New Member

    Dear Sir,
    My H1b, H4, H4EAD extension approved with my current employer A. I filed for change of employer petition for employer B and H1B is approved.
    1) H4 status for employer B is not known at this point of time. Does this cause any issue?
    2) Since H4 EAD is approved already . Do I need to file for new H4 EAD since I am changing employer? Kindly suggest.

    Regards,
    KR
     
  19. Sathish007

    Sathish007 New Member

    I am primary applicant on the green card (EB2 category) application. I need to travel to Canada on a business trip. Can my wife apply for EAD and AP renewal before me?
     
  20. RajMuni

    RajMuni New Member

    Hi Rajiv ji,

    I have an approved I-140 from company A but with a wrong priority date listed on it. The representing attorney did contact the USCIS for typo error and still no update from USCIS (since 7 years). I switched to Company B and started GC process. The company attorney said they can only transfer whatever is listed on the previously approved I-140 and did it. Now I have an approved I-140 from company B. I have the following questions:
    1. I have an offer from company C and willing to sponsor immigration. Can I and if so, What is the procedure to transfer correct original priority date to company C?
    2. If I decide not go to company C, what is the procedure to transfer correct priority date to company C?
    3. Also the company C is 50% H1B dependent. If I switch to company C, How is it going to affect my immigration process based on current administration?
    Greatly appreciate your inputs.

    Regards,
    Raj

    Just to add on my previous post, I have another question -
    my I-140 with company B was approved 10 days ago. Can I change employment at this time or do I have to wait for 180 days?
     
    Last edited by a moderator: Jul 19, 2018 at 11:22 AM
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