June 11, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Team Member, Immigration.Com
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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.

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: June 25, 2015
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,

I'm in need of your advice on my situation,
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 getting a very good offer from a top notch company and thinking of switching to it and start my perm with them.

Best Regards
Hello Mr. Rajiv,

I’m admitted to the university in the US and my program was supposed to start in June. Because my ex-fiance was lawful permanent resident of the US, I was rejected by the consular officer 2 times in February. I had all necessary documents including valid i-20. Please note that, I was once approved for B2 visa to visit my ex-fiance and I have not overstayed it; I returned back in 15days. I got a leave of absence document from my employer, as well, which states that I will come back and continue my working for them in a better position. I have many Schengen visas on my passport and I constantly travel abroad and never overstay it.

Now, as I have deferred my program to the next season, I plan to try again after 6 month of my double reject. I know that the burden is on me to prove the consular officer that we are not together and my only intent is to continue my education in the US. How to?

Thank you for your help,
Dear Sir,

I have two queries to ask,
1.I have Valid H1-B Visa Stamped till Aug 2018 but My Petition Expired on Sept 2014,given this condition can I fly to US for Job
2.How to get Extension of Petition and what are the legal formalities
associated with it.

Appreciate your inputs

Thanks and Regards,
Dear Sir,
I want to check on what are the options available to work and stay in USA. Here is my situation.
I came to USA in Aug 2009 on L1-B and after three years in 2012 i got to L1-A and I am still holding L1-A visa and petition valid till Aug 2016. My employer is NOT willing to file a Green Card Application. My question, can any other employer file a GC based on future employment? If NOT, what are the options available for me to work and stay in USA.
I like to apply for EAD (H4)... My current H4 is valid till Sep2015.
My husbands I-140 is applied (we are in 7th Year currently).
1. Will the EAD be only valid till Sep (as per Current H4)?
2. So by the time I receive the EAD it will be only few days… So If I apply for extn (if that take another 90 days).. will I be able to continue working while EAD extn is pending?
3. Or you suggest it will be better to wait for I-140 Approval & later use new I-797 to apply for EAD extn... (H-1B premium extn is put on hold).
One of our family friend is on 10 years visitors visa and she keeps on coming to US since last 7 years to visit relatives. This time when she came after 4 months visit to India she was given visa to stay for 4 months only. She wants to stay for 6 months and is also holding nonrefundable ticket to return after 6 months . Is it advisable for her to apply for extension of stay upto 6 months and she has to pay fee for extension. What are the chances of her getting extension. Shall appreciate your advise in this matter.
Dear RajivJi,

My current I-797 expired on 12/12/2014. My employer filed for the H1B extension on 10/14/2014. The USCIS has raised two RFE's in the meanwhile and the case is still pending.

I have the following questions:

1) I assume that the 240 day grace period will be up in Aug'2015. Please confirm that this is correct.
2) If any another employer files for a transfer, will this clock be reset?
3) The USCIS is questioning the job responsibiliites are not commensurate with the requirement for bachelors degree. I have been in the US for 13+ years on H1B and this has never been questioned. Is this a common situation?
4) What are my options? Should I get a new job?

Please help
Hi Rajiv Ji,

My employer filed for my h1b and I got my receipt notice recently. However I do not have the job now as the company did some reorganization. I was earlier on F1 (OPT expired in March, 2015) and also filed for change of status to h4 (change of status to H4 from F1 was applied before filing for an H1b). It's been 4 years that I did not go outside USA so both my h4 after extension and f1 did not get stamped. I entered USA on H4 when I came in 2009.

I heard the last few community call (the link you provided) and really appreciate your expert guidance and support always. Rajiv ji, I have some follow up questions as my case is little different since I have applied for both H4 change of status and H1b. I have both receipt notices but no approval yet (so both are pending with USCIS). I was planning to travel to India in September and come back on H1b in October. But since I have no job yet my situation is changed.

Here are my questions:

1. What if my change of status to h4 comes before h1b gets approval, would it complicate anything? Would h1b automatically becomes valid on October 1, 2015.

2. Same thing, if my h1b approval comes before h4 change of status, what status I would be on then?

3. Is it possible to get an H1b transfer before October 2015 without joining the employer who filed the H1b.

4. If I travel to India and come back on H4 if I do not have a job, would I be able to reuse my H1b i.e. would I be quota exempt later if the h1b is not revoked?

5. Looking at this situation, would you advice that I apply for an H4 EAD before traveling to India or after I am back from India?

Please advice. I am so confused regarding which status I will be in and whether I will lose my H1b even before getting one. Also concerned regarding my travel plans.


Hi Rajiv,

My employer has filed I-140 (I paid the expenses for it) 2 months ago. I have been asking (requesting!!) for I-140 receipt # , they are not sharing it with me.

Is there anyway to figure out the receipt Number. Based on my locality, they would have likely filed at Texas center and I know the date of filing.

The reason I am asking is, They did not share the labor case as well. I wonder if there is any way to find out the I-140 case number.

Thanks for the interest!

Best Regards
Hello Rajiv,

I would like to hear your advice on the AC21 applicability for my case. Here are the details,

I applied for GC with my current company under EB1-b
I 140 approved in Oct 2014
I 485 filed in Nov 2014.
I had an RFE in April 2015 for birth certificate, I 94s and Employment verification letter. (155 days after filing 485)
I replied to the RFE in May 2015 (176 days ).
The USCIS staus said that a decision would be take by July 2015. (~240 days after filing 485)

In May 2015 I got an offer (>180 days after 485 filing) from an other company (I have an email to confirm this) and expecting AC21 applicability, I gave them a verbal confirmation.
Before I could act on any of this, my 485 got approved on May 2015 (190 days) and now I need to decide if I can still use AC21.
I am still working in my initial employer who filed for the 485 and 140, and waiting for paper work from the new company to go through (drug test etc.)

What I would specifically like to know is, should I have to quit my current job or started the new job (or both) before 485 approval for AC21 to be invoked? Do I need to file anything specific for AC21 to be applicable.

I appreciate the community service you are doing to help us.
Dear Rajivji,
Please help me with this question. I got my green card about a month ago. My company is restructuring and it is likely that my responsibilities would change. My boss would likely be asking me to move change my responsibilities from engineering to product management. Given this scenario, I see two options, take the different responsibilities in my current company or move to a new company with responsibilities similar to mine. Which of these would be better from a legal point on view. From a career point of view, I prefer the second option as I would likely be getting higher pay with my experience.

Hi Sir,

I have a question about application of Green Card for a Family Member of a U.S. Citizen under Family Fourth Preference (F4) category. I learnt that Green Card can be applied for Brothers and Sisters (and their spouses and children) provided the U.S. Citizen is atleast 21 years of age.

If the sponsoring citizen and the sibling have the same Biological Parents, but the sibling is adopted, can the green card be still applied for the sibling by the sponsoring citizen as they have the same Biological Parents ?

Also, if the sibling has a Green card application through Employment in pending state (with Approved I-140), can another green card application be filed through Family in preference category ? Will that be an issue ?

Please let me know.

Thanks a lot for your help.
Hi Sir,

I have quick question. I detained in November 2013 regarding to overstaying visa. They said that hearing date will be set up. But its been more than 1.5 year and I still didnt hear anything from the court. Is it normal? When I made little research online I found that many hearing courts might delay until 2019 but court has sending notices about it. Is that might be the reason? Why I still havent heard anything from court about my case. Waiting for your answer.

Thank you very much!
Hi Rajiv Ji,

I'm in CPT and recently my H1B was denied due to my university not being non-profit(Filed in cap-exempt for masters).

1)Can I appeal a denied case and what are the chances of being approved? Does the recent measure for Nepalese help the case?
2)Can my employer sponsor GC without H1b and being in CPT?

Thanks for your advice.

Hi Rajiv
I m currently on 6th yr on H1B through employer A (fulltime) and also working part time for employer B (who filled H1B for me 1 year ago). Now im in process of filing H1B extension for 3 yrs through my full time employer ( I have approved I 140). both employers are cap subject employers. Im not in any type of contract with any employers, but I don't want my employer A to know about my part time job.
my question is it ok if I don't show my part time employment H1b approval notice (I797A) during my current (full time) EOS filing for H1B? (as I have submitted my full time H1b approval notice for concurrent employment during part time H1b filing). if I don't submit my part time approval notice now will it cause any delay/ issues.

please advise.

Hi Rajiv,

My wife is in H4 visa and valid until Nov, 2017 and i am aware that she has to go for stamping once she leaves US. Now since she has applied for H4 EAD based on my I-140 approval and got receipt as well.
She is planning to travel to India due to unavoidable circumstances. So, Can she travel to India while her EAD is in process? Does this travel affect her EAD? Please let me know.

Hi Rajiv,
I am working in Company A here . I worked with the same Company A as a Manager in India from 1-7-2011 to 12-16-2011 and came here on 12-19-2011. I am missing 21 days for EB1 eligibility. My present company is telling I should have 365 days in a managerial capacity within 3 years of entry into US. Are there any exception clauses to this?
Can I work in India now and cover this remaining 21 days for EB1 eligibility.

Before Company A, I worked in Company B & C for 9 years(6 years in India, 3 years in US) . And right now I am filing my I140 in EB3.
Hi Rajiv,

Thank you so much for the community service. I have a few questions regarding H1b amendment and h1-h4EAD cases :-

1. My H1B extension was filed based on 'A' location and currently I work for different client 'C' on the location 'B' so I spoke to my HR(consulting firm) and she said location 'A' and 'B' comes under same MSA so no need to file H1B amendment. Is there any way or link to verify that locations come under same MSA ?

2. H1 to H4 EAD :- I have an approved I 140 and planning to apply from H1 to H4 EAD for my wife.
Is there any possibility that H4 EAD gets denied ? In this case she will loose H1B status so Is there anyway she can have at-least one status all the time either H1 or h4-EAD not just H4?

Hello Rajiv,

Thank you so much for your time and efforts. I have a similar question as that of the previous member:-

1. My H1B extension was filed based on location 'A' and soon I will be joining a different client at location 'B'. Both my current and future clients are located in the same city and MSA and would like to know if any documentation needs to be sent to USCIS with regard to H1 amendment process.If yes please advise what documentation is needed.

Thanks again and much appreciate your time!
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