Final List of Questions for May 23, 2019 Conference Call

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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: 23, May 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.
 
#3
Hello Sir,

I am working on H-1B for Employer A. I want to switch jobs and need a study time for about 3-5 weeks full time. I was thinking if I could go an unpaid leave from my current job for 5 weeks, and use this time for my preparation?

It gets tricky as I cannot tell my current employer the actual reason for my intended leave. How will my H-1B status get affected due to this? Can I be in the US during this time? If yes, under what conditions?

Or, there is no option and I need to go out of the country?

Could you please tell me about my options over here from the visa perspective?

Thanks a lot, Sir. Grateful to you for helping the community.
 
#4
Hello SIR,

I have a couple of friends on H1 and they would like to convert to F1.DO they need to go to visa interview(out of the Country ) to convert from H1 TO F1? Here are the Two Scenarios can you Please help up.
1. H1B candidate wants to join for Masters. What are the options? If he wants to take day 1 CPT? Is he needs to Change Status from H1 TO F1? What are the Steps that we need to take to Convert from H1 to F1?



2. H1B denied and I94 expired. Denied H1B case reopened and filled another H1B with a different employer.
In this situation is he eligible to join Masters?


In both scenarios is IELT's mandatory?


Thanks,
 
#5
Hi,

I am on H4 EAD working in a full time job .Now as their are news coming to revoke H4 EAD, if the H4 EAD rule revokes, what might be the other options for me to continue my job?

If I join masters, will I get the CPT if I change to F1 visa in the final semester. Is it valid like that?

Please help me know what are all the options I would be having to continue my job.

Thanks,
Janaki.
 

aks341

Registered Users (C)
#6
Dear Rajiv ji
I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios.

  • Take a job with a different employer ( may or may not be same/similar to the job with employer “A” )
  • Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa)
  • Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”

Thanks a lot for your help.
 
#7
I am currently working with Employer A on H4-EAD. Employer A filed for my H1-B, and my petition was selected in the lottery (receipt notice was received this month). If my petition is approved, can I change to Employer B before Oct 1 such that I am able to move to H1-B with Employer B? What are the steps and measures one needs to take & what are the challenges and risks?

Thanks for your help.
 
#8
Hello Sir,

My Employer has filed my GC in 2014 and I got my I140 but if I want to change a different role within my organization (Changing Cost center), will that impact my current GC processing. Should they start the GC processing from the begining ?
 
#9
Hello Rajiv Sir, I have applied for EB2 using cross changeability I am from India and my wife is from South Africa, we have been waiting for the interview for a long time I was wondering if my wife can apply for diversity visa lottery for Green Card lets say she gets lucky and her application is picked in lottery. will I qualify for the green card too?
 

Tjs

New Member
#10
Hello sir,

Thank you for this blog.

I am currently on J1 (my wife is on J-2) and got my J waiver approved with USCIS. I got my I-140 approved under EB1A category, but could not file for I-485 as the dates are retrogressed. My J visa is expiring in 4 months. I could not get any H1 sponsors.

In this case, how can I revoke my J waiver so that I can extend my J-1. This way, I will leave back to India after using the remaining J-visa period (2 more years). What is the process/timeline for revoking my J-waiver.

Thank you.
 
#11
Hello sir,
I have two simple questions. Please give me a professional suggestion/help.
1. Me and my wife are selected for the DV Lottery. We are married since some years and she has my surname after marriage.
My wife doesnt have her father listed on her Birth Certificate, he never took parental responsibility and she doesnt know where he lives because he left since shes born. Anyway my wife, with her mother lived with her grandmother ( father's side ) and when she wasnt married with me, when she was young she had her father's family surname as maiden surname. Can you tell me, not having father listed on her official birth certificate but only the mother, would it cause a problem to offficer during the interview for greencard lottery at embassy?
2. Do we have to show proof of finances during the interview, in order to get aproved? Some say yes, some say no. Even though its not listed on the required documents for the interview, are bank accounts, assets and so on documents that we should represent at interview offficer in embassy ?

Thanks,
 

b.sundar

Registered Users (C)
#12
Hello Rajiv

Can you get paid for umpiring a cricket game while you are on H1 ? We have many cricket leagues in USA and some of them pay umpires ?

Is there is anything called a hobby income ?

Thanks
 
#13
Write your reply...Hi Rajiv,
My brother has been selected for the dv lotteries last 2019 and he started the processing last year and he completed submission this year April 22nd, so i want to know when will the interview date come out?
 
#14
Hello Sir,
I have approved I-526 petition and had appeared for interview but my petition was denied at Mumbai consulate and my case was sent back to USCIS under 221g. I would like to know how much time USCIS takes to reaffirm the petition or send the notice, also after how many days should I contact USCIS if I do not receive any response regarding my case?
Also my son has received acceptance from Northeastern University for master's program for fall 2019 and now he needs to apply for F1 visa but he was also beneficiary under the EB-5 visa I-526 petition which I had filed. Is it possible for my son to get F1 visa so that he can pursue his higher studies and what should be the approach to successfully receive F1 visa?
Thank you,
Gajanan Mante
 
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#15
Hi Rajiv,
Thank you for your help. Here is my case.
  • EB2: In 2014, I-140 Approved with current employer and retain my PD of 2009(From Previous employer)
  • EB3: In 2019, Filed 140-485 with Current employer without attaching Medical Report. Recently 140 Approved and received EAD, I-485 is still pending
My questions are related to changing job and its effect on my pending 485 application
  • Filing AC21 is mandatory? I see mixed review about this.
  • Who needs to file AC21 it, Me and my new employer?
  • If I join new company after 180 days with same/similar job and then USCIS raise
    • RFE for Medical Report
      • Who will receive an RFE, Me or my employer?
      • Can I submit independently without previous employer help?
    • RFE for Company Related question
      • Who will receive an RFE, Me or my employer?
      • Can this be responded by new employer?
  • Once move to New employer
    • Can my old employer cancel my green card petition and its effect on my status?
    • Does my new employer need to do anything to support my green card process?
Thank you
Ladol Patel
 
#16
Namaskar Rajiv-ji,

My Background.
I am currently on H1b (10+ years) all with single employer. My EB2 I-140 priority date is Sept 2009, I-485 filed in March-12. I-485 AOS interview completed successfully in Oct 12. By Oct-12 the PD-India had regressed, so Immigration office said he could not stamp my passport with I-551 visa. Since then my PD has never been current. I have I-485 pending EAD renewed every 3 years.

My Question
1. Due to possible layoffs, I plan to join a new employer on H1b transfer. What forms/steps does my new employer have to file, to continue with my Green Card.

2. I have better offer from another employer, they want me to join directly on EAD. Is it safe for me start working directly on EAD ? Or should I maintain H1b.

3. When I got married in 2014, my employer’s attorney told me that my spouse could not be added to my Green Card application till my PD becomes current. Is there any other way to add my spouse to my Green Card application sooner ?

4. Once my PD become current, can USICS again call me for Green Card Interview ?

Thank you I really appreciate your help.
 

monica1

Administrator
Staff member
#17
Dear Rajiv Ji,
I got your contact information after listening to your talk show in Mera Sangeet.
I have a few questions about change of status and I am wondering if you could give me some clarifications.
I am currently working on an H1B visa. I received my I140 from my current employer last week. Due to my pregnancy I am considering to take a one year break from work and my employer is supportive of this. I have the following questions.
1. I would like to move to H4 visa ( husband also has current H1B with approved I140) without leaving the country by filing for a change of status. How soon can I quit my job? Im told that there are significant delays in COS processing. Do I have to keep working until my COS is approved? Traveling to India for stamping is not ideal due to my health and family reasons.

2. My employer will not revoke my I140, are there any other legal issues that may haunt me in the future when I return to work force?

3. When I return to H1B at a later date with the same employer will my I140 still be valid?

Thank you so much for your time.
Regards
Harine
 
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