July 09, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

Rajiv 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: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: July 23, 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 Rajeev Sir,

I entered US in Mar'07 on an H1B visa with employer A, switched to employer B and exited US Feb'10.

Again entered US Apr'11 (still with employer B) and switched to employer C and was visiting other countries outside US from Jun'12 (same employer C)

Again entered US Feb'13. My perm was started by employer C and i got my I-140 approved v( with priority date of Aug’12) . Then i switched to employer D and I am still in the US. My current H1B was extended by employer D, based on approved I-140 from my previous employer C and my current H1B is valid only till 08/11/2016.

Now, how much time do i have for starting my perm with current employer D (so as to be able to get future extensions). How much of my outside US stay period can be recaptured to allow my additional time before starting my perm.

I'm now getting another offer from a company (E) and thinking of switching to it and start my perm with them.
Pl. advise.

Best Regards
Raja
 
Here is my situation related to a family based immigration petition:

Visa Category: F4

Petitioner: Ms. SR

Beneficiary: Ms. ARJ plus her family (spouse and three sons) a total of 5 members household.

Immigration visa interview: held in May 2015 at the respective US Consulate.

The petitioner Ms. SR had filed an I-864 for the beneficiary but her income was very low and her husband (Mr. SR) did not want to be part of the sponsorship. All of the federal income tax returns of the petitioner (Ms. SR) were filed jointly with her husband, who is main source of income for Ms. SR household.

Since Ms. SR’s income was very low so her younger brother Mr. MB (a US Citizen) filed an I-864 (independent joint sponsorship) for his sister Ms. ARJ.
Please note that Mr. MB’s income is almost double the minimum required amount ($56,312 for a 9-member household – 4 members for Mr. MB’s own and 5 for Ms. ARJ) based on the current poverty guideline contained in the I-864P.

After the interview the consular officer has asked an I-864A from the petitioner’s (Ms. SR) husband (Mr. SR), who from the very beginning did not want to sponsor anyone.

Here are my questions:

Why the consular officer did not consider the joint sponsorship when they found that the petitioner’s income is very low?

Do you think that the consular officer by mistake overlooked the joint sponsorship by Mr. MB (the younger brother of both the petitioner and the beneficiary)? If we make another request based on Ms. MB’s joint sponsorship will they approve case?

What are our options under this condition?

Please advise as soon as possible.

Thank you,
 
Hello Mr.Khanna,


I have a question on travel with GC.

My wife and I are permanent residents since Nov 2013. My wife travelled to India in Oct 2014 and returned to US in Feb 2015, for about 4 months. This her first visit to India after coming to US. My wife had to travel to India again due to family reasons in May 2015. She is planning to be in India until Aug 2015 for little over 3 months. Will this be a problem at the port of entry? I really appreciate your help on this. We have utility bills on my wife’s name to show as proof of residence. However she does not have a driver’s license yet.


Thanks for your time.


Sincerely,

Ram
 
Dear Mr. Khanna,

I have question regarding sponsoring my father for GC.

1) I am planning to sponsor my Dad's green card. I am US citizen. If I file I-130, can I file his adjustment of status later on and decide whether to file it in the country (if he is here) or opt for consular processing?
2)Once I file the papers for green card, will he be able to travel to USA, since he has a valid visitors visa ? If so, at what stage can he enter the country ?

Thank you.

Regards
Niraj
 
Here is my situation

I have H4 visa and EAD (through my husbands employer GC processing). We are on I-485 pending status on EB3 (filling date December 2005)

I have enrolled into MS from accredited University for this fall. I want to work part time/ fulltime while I attend fulltime weekend MS class.
Since our GC processing it taking so long on EB3 .
Question:
1) Once I graduate would I qualify to file on EB2 category for GC ?
2) Would it be suggested to obtain F1 visa instead of continuing on H4 so that it will also remove depending on my spouse GC processing ?
3) If I get F1 visa does it nullify EAD ? On F1 would I be able to use OPT option without causing any problem with EAD
4) For EB2 category GC filing will our status go directly to I-485 pending or will I have to start fresh?

Thank you so much, greatly appreciate your time.

Regards
Sarita
 
Hello Mr Khanna,
I moved to US in Sept 2008 on L1B, converted my Visa to L1A in May 2012. I have been to India for 2 months in total (one month in July 2010 and one month in August 2014) and so i will have 7 years of stay in Oct 2015. My Wife is on L1A from 2010 and i am looking for options to continue staying with her in US for the next 2 years
Option 1
1. I want to do a MBA, can i join the college now with my L1A visa and apply for F1 visa while in US - to complete the course?
2. If so, do i have to travel back to India to get the F1 visa stamped or can i continue with approved petitions?
2. Can I apply for H1B after the course completion or will my L1A years be accounted towards the 6 years restriction?

Option 2
1. Can I convert myself as her dependent and continue in US? If so, will I be able to obtain EAD and continue working?
2. If I apply for H1B next year while in US - will it be a fresh start or do i have to stay outside US for a year to reset my clock?

Thank you so much, greatly appreciate your time.

Regards
Pravat
 
Hello Sir,
My wife's is on H4 currently and her H1B for 2016 has been approved but the Change of Status (COS) has been denied. My visa (H1 B) and her H4 is valid till Sep 18th (I94 is valid till Sep 28th). I have following questions
1. What could be reason USCIS rejecting her COS?
2. What is the best possible way to get the Change of status approved?
2. Should she go to India for stamping?
3. Should I apply for her H4 extension now? If H4 is approved can the employer appeal for change of status?
4. Now at this time her H4 is approved and she goes back to India for H1 stamping. Will USCIS invalidate her H4 and provide her H1?

I would appreciate if you could clarify my questions. Thanks in advance
 
Hi Rajiv,

Thanks a lot for your service to the community.

This is a follow-up to the below FAQ from your previous conference call regarding the H1B Transfer and H1B Amendment being filed simultaneously.

http://www.immigration.com/faq/simultaneous-filing-h-1-amendment-and-extension

As i understand from the above it shouldnt be an issue to work for new employer while H1B Amendment is pending. Can you please let me know if the same answer holds good in the below scenario?

- If the candidate has past the 6 Years H1B term and the H1B amendment and H1B transfer are both based on the 3 years that are granted based on the approved I-140 from the current employer, does the same resolution as in the FAQ hold good or would there be any difference?

Thank you,
 
Hi Rajiv,

Thanks a lot for your service to the community.

Here are facts about my current immigration situation:

  1. I am currently in USA with family on H1B.
  2. I have already completed 6 years on H1B. My max out date was 22-Sep-2014.
  3. I got the 7th year extension(1 year duration) last year based on PERM pending for more than 365 days.
  4. My PERM got approved on 1st April 2015. It was filed on 19 Sep 2013.
  5. My current I-94 is expiring on 23 Sep 2015.

I have following queries:

  1. Can I get 8th year H1B extension for 1-year duration, based on the fact that my PERM got approved after waiting for 365 days? My employer got lot of PERMs approved in bulk and is filing I-140 in certain priority order. I am really not sure if my I-140 will be filed in time. My employer is saying I can get 1-year extension based on option "b" below.
a. Perm pending for more than 365 days - H1B Extension can be requested for 1 year.
b. Perm approved after 365 days and before filing of I-140: H1B Extension can be requested for 1 year if the extension is filed within 6 months of PERM approval.
c. Perm and I-140 approved - Extension can be requested for 3 years.​

2. My employer was under Supervised recruitment, hence it took pretty long for PERM approval. Literally folks had to wait for 1.5 - 2 years. Does supervised recruitment has any impact on I-140 stage as well? Do we have to expect delays in I-140 stage as well?​

3. What happens if I-140 is not filed within 6 months of PERM approval? Do I need to start PERM process again?​

4. My understanding is H1B Premium processing is suspended temporarily from May 25, 2015, through July 27, 2015. Does this suspension affect premium processing of I-140 as well?​

5. I have relocated from east coast to west coast 4 months back, during that time only new LCA was filed. Based on the information gathered on the internet, I have asked my employer to file H1B Amendment instead. Can H1B Amendment be included in the H1B extension that I am filing now? So basically can H1B Amendment and extension be filed together in the same application now?​

6. As only LCA was filed instead of H1B Amendment and I have been working at the new location for last 4 months, Am I out of status? If yes, will filing H1B amendment now help? Is there anything else I can do to correct this mistake?​

Once again thanks for all your help.

Regards
Rajesh
 
Hi Rajiv,

I understand, once I-140 is approved we are eligible for 3 year H1B extension. But I have seen folks getting just 1-year extension, even when I-140 is approved. Does USCIS consider the project duration as mentioned on Manager's letter or client's letter to determine the extension period?

I am already maxed out on H1B, my client letter says project duration as 1 year and my I-140 is already approved, will I get 1 year or 3 year H1B extension?

Thanks a lot for your service to the community.

Cheers,
Dev
 
FAQ: Refiling I-140 using old PERM (after 180 days)
Click to expand...

Hello Mr.Rajiv,

Thank you for all the help.

I have questions related to I-140 denial & refile.

My first i-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not loose the PD if approved. They didn't ask any info from me. Now my questions are:

1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first i-140 rejection?
2) How many time can we 'refile' i-140 on same PERM?
3) Can we do 'refile' under premium?

Thanks,
Habeeb
 
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Hi Rajiv,

Thanks for your service and helping the community.

I am on L1A and my wife is on L2. My wife got the job offer through consultancy and they applied H1B for her, which got RFE. Meanwhile she needed to travel to India for family emergency and came back again on L2 after re-stamping (My L1B was expired and I got L1A conversion when I was in US). She came on Back on Dec 2013. Then Jan 2014 her H1B was approved (USCIS website still says approved) but when we check with employer, he told along with approval, he got denial notice as she traveled to out of USA and status change had been denied. He never shared petition with us until last week.

When we got petition copy . It says approved until Oct 2016 but change of status denial due to travelling outside US; and applicant needs to go out of US and apply for H1 for same consulate as per petition (Chennai) and request entry at Port on H1B. It also stats they are sending another notice, which explains reason for denial.
When I read another notice which has reason, it looks more like denial. Meanwhile my wife has L2 EAD and she is working on that.
My question:
Is her H1B petition can be used to activate H1B and How (her H1B petition got Approved in Jan 2014)?
Thanks,
Deep
 
Hi Rajiv,

Thanks for your service and helping the community.

I am currently on H1. I am interested in establishing a business (Consultancy). Can you please clarify if I am eligible or do I have to wait till I get my green card.

If I am eligible what precautions should I be taking.

Thanks,
ASHOK
 
Dear RajivJi,

I'm in the U.S since 2001, most recently my H1B extension was denied. My employer has filed an appeal on the denial, he has also filing/filed a new petition.

I have an approved I-140.

1) My employer has advised since they have appealed, it is okay for me to continue to work in the U.S. Is this true?

2) Is it possible to file the new petition in premium processing since the extension petition was denied?

3) If this is not correct, I'm planning on leaving for India ASAP, Can I work from India? Are there any consequences?

Thank You,
Darryl
 
Dear Rajiv,

My wife had her H4 visa interview a week ago. We got married in December on her B1/B2 visa after which she went back.

Even before the interview with the consular started she was told they had problems with finding details of my H1-B petition online. They tried to put in my H1-B receipt number into the system but couldn't verify it. We should have got the PIMS verification done which we didn't. After the interview, she was given 221(g) green slip and was told because there was trouble with verification it will undergo administrative processing which would take few weeks. She wasn't asked a lot of questions about why she got married on tourist visa though.

How long would administrative processing normally take? What happens in administrative processing?

Does administrative processing mean her visa application was denied or will be denied?

Is there any way where we can find out why there was a hit on her case?

Would it be alright for her to travel to the US on her tourist visa while her case is undergoing administrative processing?

We have been checking the Department's site to check the status. So far the case has been created and updated the day after it was created.

Thanks,
Suraj
 
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Dear Rajiv

I am planning to file H4 EAD for my spouse. So i have the query regarding that.

My wife is having the work permit on L1 Visa till 27th Aug, 2015.

My H1 B Extension is in process & we had filed with H4 documents for my spouse with H4 Approval effective date from 28th Aug ,2015 onwards.

I am planning to make my H1 B Extension case as premium after premium processing will resume on July 27, 2015.

So in this case , i will getting my H1 B Extension approval with H4 Approval for my wife with in 2 weeks i.e by 12th August . This H4 Approval is with effective date from 28th August.

This means H4 Approval Notice date is 28th August ,2015 and we are planning to file on H4 EAD on 14th August by sending the Future dated H4 Approval Notice.

Please suggest is it possible to do this ?

Looking forward for kind co-operation in this regard.

thanks
Varun
 
Hello Rajivji,

6 years of H1 term finished due to 140 in audit
COS to F1 and working on CPT for same employer
After Labor is approved - H1 I129 got denied .(not going for appeal )
Employer is Planning for new case

Can we change employer to start new H1 Term (7th year extension - based on 140) ?
If Yes - what are the steps and what should we take care-of
What is your best advise ?

Thanks a lot for you help
 
Hello Rajiv,

My wife started doing her MS while she was on H4 Visa and she completed 2 Semesters on H4 [2014, Sep - April]. Currently, we adjusted her immigration to F1 hoping that she can do her intern, starting this September 2015. Meanwhile, during the H4 - F1 transition period she completed another Semester [ Summer I] so as to show evidences that she completed almost 10 months of schooling. However her ISO office informed her that she cannot start her internship until 9 months from the start date of her F1 which is June 11th 2015. Is this information Correct ? What is the criteria for some one who is adjusting his/her status from H4 - F1 to do their internship ?
 
Hi Rajiv,

My parent is coming to the US on Green Card soon. If he buys a medical insurance under affordable care act (Obama care) by just putting his pension income (without adding our household income) would it be a violation of my obligation under I-864, affidavit of support? I signed I-864 as his sponsor. Thank you very much.
 
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