Jan 22, 2015, Video Recording available for Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

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Video Recording for Jan 22 Community Conference Call. Subscribe to our YouTube channel to be informed as soon as videos are posted.

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Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: Feb 5, 2015
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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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Hi Rajiv,

Firstly, Thank you for offering your service to people like me with questions in Immigration and truly appreciated for that.


I’m working at company “X” as a software engineer and my green card was in process in I-140 is pending stage so my question is, if I’ll change title from Software Engineer to Senior Software Engineer that causes any issues in future? My job duties are 100% same.


Appreciate your time and consideration.


Thank again.
 
Hi Rajiv,

My current H1B expires in June 2015,Any option for me to extend my visa in any category?

Thanks for the all information which you provide and its user friendly and your video post are good
 
FAQ: Changing from EB-3 to EB-2 category
Click to expand...

HI Rajiv,
1. I have my I-140 approved under EB-3 catagory, even though I have Masters degree from accredited US university. Can I change it to EB-2 now?
2.what issues I will face, If I change the job at this point? will my priority date remain same?

thanks
 
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FAQ: Procedure for porting a priority date from one I-140 to another
Click to expand...

Hello Rajiv ,

I have 2 approved 140`s in EB2 from 2 different companies with same A# on them . one with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case 140 . Now my question is do i need to file for amendment to port the 2009 date ? Or am i eligible for filing 485 with out the 140 amendment ? Both 140s are alive and employer did not with draw any of them .

Appreciate your suggestion in this matter .

Thanks.
 
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Mr. Khanna,
I am India national with a LPR since 2002. I am a NJ resident (3rd circuit). My spouse (naturalized) and kids are citizens. Applied for naturalization in May-2011. Got Denied at the interview on two grounds:
1) NOT lawfully admitted for Permanent Residency -- Please see below
2) Poor Moral Character -- because I incorrectly answered some questions related to my last entry to US, both on the N-400 form and during the interview due to my nervousness.

For 1) AFter my initial entry in US in mid 1990s, I overstayed while my green card was under process. Then I left the country for few weeks in 2000 and came back using the "Commonwealth Rule" - NAFTA agreement with some challenges at reintry point, as some of the border immigration officers (by road) were not aware of the law, but eventually I got the reentry.
I had filed 245i with penality while obtaining LPR and got my green card in 2002.
Being a NJ resident, I have passed the statute of limitations (5 years)

Going back to N-400 denial, I went to the US district court and after a deposition the case was denied by the judge without going into trial. THE USCIS had filed for summary judgement and they won. The case is now closed in district court on NJ.
Question:
1) What are my chance of getting citizenship on my appeal in the fedral courts of appeal in philadelphia?
2) How long will it take?
3) How many times approximately will I have to travel to philadelpia to the federal court of appeals?
4) Do you take such cases and how much will be your fees?
5) If I don't appeal, will I still be able to file N-400 again? If yes when and what are my chances of approval without going into denial/court again for same reasons?
6) Will the same denial reason affect me if I go around filing for N-400 using 319(a) -- spouse of a US citizen
7) If I {LPR} stay out of US for more than 2 years for staying with my kids studying abroad, will this reason be valid for obtaining returning resident visa ? what are my chances getting it? If yes, can I get it before I start my travel in US or after I reach abroad? Any formalities I do in US before leaving?

Thanks and appreciate your advise and feedback on this situation of mine.
Regards,
 
Hi Rajiv,

This is the followup question to the last conference call conversation (question #17 - Jan 8 2015)

You have mentioned that my relative has to carry traveling permit from local consulate in India if he is traveling after Jan 30.

Question:
1. Whether he has to carry traveling permit after the expiration of Green card or after the expiration of Reentry permit ?

2. Is it ok to travel after expiration of reentry permit and within one year of last reentry ?

Thanks
Sathish

----------------------------------------- below is my previous conf question Jan 8 2015-----------------------------

Hi Rajiv,

I have a question for my relative who is a green card holder taking health treatment right now in India .

Green Card Exp Date : Feb 24 2015
Reentry permit Exp Date : Jan 30 2015

Date of Last entry in USA : June 24 2014
Date of Exit from USA : June 24 2014 (Same day departure. He came only for transit)

Out of Country : More than 6 months
Renewal finger print appointment date: 1st week of Feb 2015



Questions:

1) Whether he has to stay in USA until he gets the green card after the finger print appointment?

2) Whether he can come only for finger print and leave USA within a day or two ? When we get the green card in USA we will ship it to India after that is it possible to reenter in USA?

3) How long it will take to get the green card after the finger prints ?

Thanks
Sathish
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Hi Rajiv Ji,

I am in USA since Aug 2010 on H1B that is valid until Oct 2017, and have approved I-140 also in EB3 category with PD March 2013. I am working in EVC model for same client from last 2.5 years. My question is that I want to travel India and my VISA is expired so If I go for stamping to US consulate in Delhi with preferrred vendor letter not end client letter, there may be any issue in VISA stamping? As client provide letter only if I got any RFE from USCIS.

Regards,
Robert Mart
 
FAQ: Filing PERM using experience gained with same employer
Click to expand...

Hi Rajiv,
I am working for company A, last three years. In order to file green card I need to use my current experience(3 years) as I don't have previous experience to prove. Can I leave the current job from company A, go to another company(company B) and work for few months in ( company B) and go back to my previous company(company A) so I can use the three years experience for GC process?

How long I have to be out of company A to use that three years experience?

Thanks
Moss
 
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Hi Rajiv Ji,

We had applied for Change of Category from F2A to IR-1(Immediate Relative)almost 50-55 days back . We have not heard

anything from NVC inspite of repeated emails and Phone calls.In continuation of our last community conference call ,you

had mentioned that they are some steps of opening a service request with National Visa Center (NVC)(similar to a Infopass

request with USCIS)

The question I have for you is:

1) Can you briefly tell me the steps of opening a service request with NVC?

Your help is greatly appreciated.

Regards,

Sameer
 
H1 B after 6 years
I got H1 transfer to EMPLOYER A, in Apr 2012 during 5th year of H1B. My 6 years would have completed by 2013 March. But EMPLOYER A had applied for H1 B with 3 years extension by mistake. It was supposed to be applied only for about an year. But unknowingly they have applied for 3 years until Apr 2015. H1 got approved and I went to stamping in Canada and stamping is also done. Now I have visa until 2015 Apr. Not to overstay I returned to India in Feb 2013.
EMPLOYER A had applied for labor in Dec 2012. The status is still showing as in process even today. No progress here.

My questions are,

I have stayed in India for two years now. I am planning to come in Feb to US with current visa which is until April 2015.
1. Will there be a problem at Port of Entry.
2. Can I extend my H1 B based on Perm pending over 1 year
3. What can I do to know the status of the Perm
4. What if the perm processing doesn’t go thru, what are my options

Thank you.
 
NOIR with Fraud and Misrepresentation Note
Hello Rajivji,
1) H1-B visa renewal interview was issued 221g for Employer-Employee relationship matters.
2) Resigned from my employment with petitioner and applied for H-4 to rejoin family in US and was issued 221g.
3) In the mean time, started working for same end-client through Prime vendor from offshore.
4) Visa officer(dealing with H1-B) calls up end client Manager and comes to assumption that i have not formally resigned with my employer in USA as mentioned in H-4(DS-160) application and also if issued H-4 visa, will continue work for end client(never had any intention to work on dependent visa but to rejoin my family).
5) NOIR from USCIS was responded with documentation including Employment Relieving letter, ADP Payroll termination, Health Insurance termination and letter from end-client manager stating that he is not aware of the updated information that i have resigned from my petitioner and joined preferred vendor when he was discussing with VO.
6)Response to NOIR from USCIS is "H-1B petition filed by petitioner has been formally revoked since Beneficiary is no longer employed with the company.

My Questions are

1) USCIS while revoking my petition has not mentioned anything about the F & M remarks, can i consider that as USCIS has rejected or not considered the VO recommendation to revoke my petition based on F & M remarks.?
2) Effect of my F & M comments by VO on my future visa applications ?
3) How do i deal with the situation if i'm planning to apply for Consular processing. ?
 
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hi! I have filled a petition for my brothers and my father also have filled a petition for my brother also after he be come a citizen of united state in 2008!
so there are two file going on for my brother.
when I check status online it says on may 3 2010 we suspended your I130 because we need
more information thru notice and I did send all that documents on 25th may 2010 for both brother and his Jun 4 2010 I received petition approval notice too. so please help.
for second brother online shows that on April 10 2013 they approved I130 petition and we will mail your approval notice! last approval notice I received on jun 4 2010 for him. this is my father's case. Please help me!
Now my case for both brother!
for one brother they send me petition approval notice on Feb 22 2010 but online case status says on Feb 5 2010 we received your form I 130 petition at your local office.
for second brother on March 2, 2010 received petition approval notice than on Feb 19, 2014
I received Amended Approval notice and say same thing online and also say it is being processed atour National benefits center.
both my brother never received any letter from them for both case.
Question for my mom is
she is green card holder since 2000! but she is staying back home a lot after 2008. she goes
back and forth because is doesn't have any medical benefit or any income. she is 73years old. I will like to apply for citizenship for her! will they reject her application because she stays
in India lot!


thank you for your time.
 
Hi Rajiv,

I applied for naturalization in March and was interviewed almost 4 months ago. I passed the test but was told a decision could not be made on my application. The officer claimed I have a common name and his supervisor has to "clear" my name for citizenship. The legal 120 days that USCIS has to adjudicate my case is about to expire and I'm still waiting. I have never committed a crime and have resided continuously in the US for the past 11 years. I'm still with the same company that sponsored my GC. I have contacted the field office 2 times through InfoPass with no response other than to wait.

There seems to be one problem though; my country of origin (Iran) and my religion (perceived to be a Muslim). I have read about CARRP (ex-)secret program of USCIS and I'm not sure if I've been subjected to that procedure. I was wondering if you have any insight into what would be my options if the government does not decide my case.

I received my GC with your support. Any chance to become a citizen with your support as well?

Thank you and looking forward to hearing from you on the subject in the conference call.
 
Hi Rajiv,

This is my situation:
  • Currently in my 4th year of H1B with expiration date of 6/30/2016. Passport expires 12/31/15.
  • Was stamped I-94 with date of 12/31/15 instead of 6/30/16 in my last port of entry.
  • As a citizen of a mandatory military service country, I have not completed this service and will not get my passport renewed anymore by my country after 12/31/15.
Now, I have heard from some attorneys that an expired passport does not matter as long as I maintain my H1B visa validity, enter the country legally, and do not plan on travelling internationally. Some attorneys say I need valid passport at all time. I am planning on going to Graduate school this summer (08/01/2015) which means I will have to switch to F-1. After 2 years upon graduation (08/1/2017), I will have to switch back to H1B and hopefully apply for green card.

My question is, with all these future adjustment of status that I know are going to happen, will it be a problem if I don't have a valid passport? There are lawyers who tell me they have handled plenty of cases like these before and is not a problem. Some think this is not true. Also, I read some sources which tell me that I was stamped the wrong date in my last port of entry and I should have received 6/30/16 (H1B PED) instead of 12/31/15 (passport expiration). How do I handle this case? Does USCIS take into account 'special circumstances' like being citizen of a mandatory military service country and not fulfilling that service requirement?

Thanks as always for your help and service.
 
Hi Rajiv,

I got my GC couple years back on July 2011. I have to go to India for a legal matter that could either be resolved in 1 month or take longer than 6-8 months.

1) Would applying for the re-entry permit be advisable in this scenario?

2) Does applying for a re-entry permit break the “Continuous Residence” requirement for Naturalization? Or does the person has to apply for the re-entry permit and actually stay outside for more than 6 months to cause the break in Continuous Residence?

3) If I apply for the re-entry permit and do return in 1 month. Does that affect the continuous requirement?

Thanks for the help,
Drew
 
Dear Rajiv Bhai
I had discussed about L1 Visa few months back with you , I had opened a company in US related to my Indian company in last July at Cincinnati, OHIO. Our Indian company wants to enter in US market through acquiring a Food chain franchise. Now company want me to move their and open an office ,start working on that project & Invest money.
I want to apply for L1 visa but today I read about EB-1C, please guide me which one's process is best suitable for me.
If we want to attach our selves with your company for the same reason, how we can ? What will be the total expenses for the full job and how much time it will take.
I have B1/B2 Visa , whether I have legal permission to start working under it and the L1 will add later ?
 
Hi Rajiv Ji,

I have two questions.

1) In the Form I-140 petition, part#4, question#6, Has any immigrant visa petition ever filed by or on behalf of this person, my employer has answered NO.

USCIS has approved this EB2 I-140 petition based on US masters degree.

An I-140/I-485 petition was filed by my previous employer, which was denied by USCIS.

2) The USCIS has raised an RFE for my visa extension for incomplete LCA, employer/employee relationship , my employer in the process of responding, what will be the impact of the visa extension if the RFE is denied, will I be able to switch to another employer in the mean time. I'm in the US for over 13 years on H1.

Thanks
 
I came to the US with an O3 visa as my husband is currently working here with an O1 working visa.

I am aware I am not allowed to work with this visa so I would like to know exactly what I need to do in order to change my O3 status to an H1B or any other working permitted visa.

(Note: I still don't have a job offer but I want to know how hard it would be after acquiring it)
Thank you all in advance for taking the time.
 
I140

Form I140 for EB1-C category was denied on January 15th 2015, although we’re yet to receive the letter with reasons for denial but we suspect it could be as a result of RFE which they claimed they sent on August 15th 2014.

We did not receive the RFE and followed up multiple times with evidence of service request numbers and correspondences in this regard. We are yet to receive these RFE still so do not know the content nor have we received the denial letter.

QUESTIONS

1. What do we do while we wait for these letters?

2. How do we go about getting USCIS to reopen the case?

3. When we call the USCIS customer services, some claim the RFE has been resent, some say not sent yet, and some say that they cannot confirm. The more we call and speak with them, the more the history on the case is being updated retrospectively to reflect RFE has been fulfilled. Which was not the case prior to we drawing their attention to the RFE we have not received and providing details of the different times we contacted both via web and on the phone to request for this to be re-mailed. It appears someone is trying to cover up for the errors made, kindly advise what to do at this juncture.


I 485

When we originally filed form I140 petition, we did not file I485 concurrently and when we filed the I140, our E2 visa was valid which has since expired

QUESTIONS

4. Are we now out of status since I140 was denied?

5. If so, what options do we have to rectify this?

6. Once we receive the denial letter and RFE (if it comes), what can we do in relation with I485?
 
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