Rajiv Has Answered Most Questions in Writing Here. 29 Conference Call.

[NJGCwait]

Multiple 485s

We had filed for 2 I-485 applications based on 2 separate 140 Petitions but for the same primary applicant. First 485 is EB3 and 140 approved. And Second 485s is EB2 140 is still pending. Received receipt notices for both applications and they are with different service centers.

Can there be complications later on as a result of this? Do you suggest we close one of the applications.

 

[eb2_gc_seeker]

Employment After Green Card

Hi Mr. Khanna,

1) Could you please clarify how long/if one needs to work for the employer after GC approval? Employee ported the sponsoring employer A pursuant to Section 204(j) before green card approval and when application was approved he was already working for employer B.

2) Is there anything that needs to be changed (post GC approval) like SS card.

3) What is an I-551 stamp?

Thanks for your time.

 

[gctrip]

Lay off after using AC21

Dear Rajiv,

I am about to use AC21 after my I485 has been pending for more than 180 days. What could happen if for any reason the new company lay me off in the future? How would that affect my status?

Thanks

 

[iamakshay]

Green card processing from outside USA

Hi Rajeev,

My husband is on H1-B and I am on H4. My husband is planning to file his green card in December 2007. We also have applied for canadian PR and it will arrive may in about 12 months from now. Now my question is can we continue our green card processing from canada after a year or so. Will there be problems in the GC processing or using consular processing we can get the GC approved.

Also how the H1-B status will be maintained or how its status will work when we are in Canada? There are three more left for H1- B validity of my husband.

Thanks
Meenal

 

[JR1]

Hi

In my case i have been interviewd for my I-485 in Jan 2005, Because of retrogation (PD is AUG 2002) i didnt get approval. Again when PD was current i went to local office and they send new FP in July 07 and in AUG 2007 our case transfer back to NSC where it was filed. Our Name Check is Clear according to infopass.

My Question is When they transfer our case to NSC in AUG that time PD was current so do you think they would have assign Visa Number to my case.?

Also recently i saw lud on my case from last 4 days, What does that mean ?

Appriciate your help

 

[Rajiv S. Khanna]

This can be cpnstrued as fraud

test

HI,

I work as a software developer and my new job description is of a Administrative position,but my manager said he will write a letter stating the same job description as it is there in my labour for USCIS.but he will not take any further responsibilities to reply to any RFE.

my question is.
1. but they will write in my H1 transfer as admin not developer.will that cause any problem?in my GC
2.my salary will also reduce.
3. my I485 is pending for more that a year now.and I140 has been cleared.so if an RFE comes for I485 what can it be?will it ask some thing from the company ?
in shot is it a huge risk to take this job ?

First of all, this can be construed to be fraud. When you write something that is not true, you are committing fraud. Be very careful. This can have serious civil and criminal consequences.

The rest of the questions need no answer.

 

[Rajiv S. Khanna]

Too many questions, friend

1. AC 21 for approved I140, after 180 days, matching job descrption and salary.
a) In new job, per chance, like medical reasons, if the salary is less than the Labor cert salary, what is the risk and mitigation?

b) Risks and mitigation of working in own/wife's company with AC 21 as above.


2. My Dad has 10 year multiple entry visitor visa, with 6 months on I-94. If he goes to Canada or Mexico in this period, will the new I-94 have 6 more months from date of reentry? Or he has to go back to home country India?

3. Someone I know had filing in Family visa category for which the PD will become current soon. He was on H1, but has overstayed now. I know 245(c)would allow him to pay $1000. On Dec 21 2001, the 245(c) date, he was in status, but visiting India on that exact date. Will 245 work for him, or no?

4. In case 245 does not work for him, will his minor kids suffer for overstay in future if they seek admission as student in future?

Thanks a lot!!

1a. There is no mitigation that I can think of. AC21 criterial are still largely undefined. But if there are good reasons for the salary drop, I doubt you will have major problems.

1b. Yates memo (May 2005) says you are allowed to work for your own company. Risks: I will mention this in todays coneference. So listen to the recording.

 

[Rajiv S. Khanna]

Thanks for your service!

Husband's company filed I-485 (recpt dated June 26) at the NE service center. we live in a state served by NE. I filed for EAD and AP (both recpts dated Sept 17) at the NE center. I'm quite sure I filed EAD with all supporting documentation as specified.

I got EAD denied on Nov 21. with cause being:
"Service records do not indicate you having a pending Form I-485, Application to Register Permanent Residence or Adjust, filed with this Service Center, prior to or concurrent filing of the Form I-765. Therefore, this makes you ineligible for employment under section (c)(9)"

I checked recpts and saw that the I-485 receipt was sent from the TX center and the EAD from NE. I checked with husband's company, and the official said that the I-485 application was filed at NE, but USCIS moved it to TX.

1. Why would USCIS do such a thing?
2. What options do I have at this point?
3. I have an INFOPASS appt next week at local office (which I had taken for a different matter relating to my AP), would they entertain 2 questions?
4. What documents should i take to this apptmt for the EAD issue?

Thanks for your attention and really appreciate your help!
somegirl.

Unfortunately, this type of consfusion is pretty normal these days. If you take a copy of your 485 receipt, EAD filing and the denial; INFOPASS appt should fix the problem. I see no reason why they cannot entertain two questions.

 

[Rajiv S. Khanna]

Fees

Hello Rajiv,

Thanks for your great service to community.

I want to apply EAD now, I got 485 receipt. But my I-485 was applied with old fees before July 30th.

I will apply EAD with new fees $340 but I am not sure whether I have to pay new fees once while applying EAD and renew EAD free every year or will I have to pay $340 every year while renewing. Please can you clarify on this...

Thanks again.

ayyadav

I dont know the answer offhand. But I do recall vaguely that new fees will have to be paid and only once. The fees FAQ is on CIS web site. Your answer is in the FAQ.

 

[Rajiv S. Khanna]

Family based GC and H-1

May be I am asking too much but It will be really a great help if you can give answer of my below questions. My CP Interview is very near.

My Citizen father has filed the family based immigration petition for me under the F1 category. I am currently in US on valid H1B ( I am on extension- Stamping is expired). The priority dates are current for my falimy based file. I am planning to go to india for this family based visa interview.

Some more inputs: Currently I am in West coast (as per my H1B) and my father (petiotener) is in east coast.

I have following questions:

1. My father is going to come to india at the time of my CP interview. But when I come USA (first time on green card) my father will be in India as he is going to come USA later (after 15 days). Is this OK?
Or At the time of my entry in US my father (petitioner) needs to be physically present in US?

2. As I already have SSN (as I am on H1). So after coming US can I start directly working with the current h1 employer Or I need to wait for my green card?

3. If the interviewer(in embassy) asks the question like that your current job is in west coast and your father is in east cost so you will not stay with your father. So what to give answer in this kind of question?

Do they really ask such questions?
How to satisfy them that I will stay with my father after getting GC?

What do I need to prove there?
- I am in regular contact with my father?
OR I am going to staty with my father after reaching US?

4. Do I need to apply for new SSN/ Card OR the SSN/Card received during my H1b will be OK?

5. As at the time of interview what should I write as my present address ?
India Address OR Current US address?

1. My father is going to come to india at the time of my CP interview. But when I come USA (first time on green card) my father will be in India as he is going to come USA later (after 15 days). Is this OK?

>>>>>>>>>>>>>>>Yes. OK.
Or At the time of my entry in US my father (petitioner) needs to be physically present in US?
>>>>>>>>>>>>>>>No.

2. As I already have SSN (as I am on H1). So after coming US can I start directly working with the current h1 employer Or I need to wait for my green card?
>>>>>>>>>>>>>>>Yes.


3. If the interviewer(in embassy) asks the question like that your current job is in west coast and your father is in east cost so you will not stay with your father. So what to give answer in this kind of question?
>>>>>>>>>>>>>>>The truth. You are NOT required to stay with your father.

4. Do I need to apply for new SSN/ Card OR the SSN/Card received during my H1b will be OK?
>>>>>>>>>>>>>>>Yes. OK. There can be only one SSN.

5. As at the time of interview what should I write as my present address ?
India Address OR Current US address?
>>>>>>>>>>>>>>>Wherever you live. USA, I guess.

 

[Rajiv S. Khanna]

Dear Rajiv,

My case is EB2, applied in July as cross charge (written on cover letter) and PD is current. I received EAD in 2 months and AP in 3. Fingerprint was also done about 2 month after receipt date.

I called Texas Service Center twice recently and both times they told me that name check for me and my husband is clear. This time I asked the IO if my case is being treated as cross charge and she said that she had no idea what that was. After I told her of the provision and she asked her supervisor, she said that the case will be sent to the supervisor.

I am not sure I trust them so I have also taken Infopass for next week to make sure that it is indeed true.

MY questions is, how to make sure that the case is treated as cross charge and adjudicated soon? Should I start a service request if I don't find out much from the info pass appointment?

Thank you.
___________________________________________________________
EB 2 PD: January 2007 (ROW)
I 140: 8/22/2007 (Approved from Texas)
I 485: 7/26/2007 (Sent to Nebraska)
EAD: 9/24/2007 (Approved from Texas)
FP Done: 10/1/07
AP: 10/16/07
Namecheck: Cleared
LUDs: None

Inforpass people should be able to confirm that your case is being treated under cross chargeability. That should take care of it.

 

[Rajiv S. Khanna]

Surrendering I-94

I heard the we need to return I-94 while returning to Home country.
As I am on H1B extension my new I-94 is on the same paper as the petition so I need to tear that from petition paper and return it at the time of departure?

What should I do with the old/expired I-94 (i.e received at the time of entry). Do I need to give this back to theM?

I am advising people to tear and surrender from I-797 and also surrender the old I-94. Keep copies, of course.

 

[Rajiv S. Khanna]

i was charged with petty theft in california for 150$ in sep. i had my court date today n ,my lawyer got it down to the conviction for infraction,pc490.1,
i have my exten due for h-4,i need to know how will it effect me and in i-539 from they asked a ques. where i need to say yes or no to whether arrested or convicted,do i have to say yes n if yes than they asked explanation so do i need to tell the whole thing or i can say convicted for infraction.please advice.thanx again

Answer "yes." You should just attach certified copies of court disposition. Your lawyer can get it for you. I think you should also get a formal consultation on this matter from an immigration lawyer just to make sure your problem will not affect your future. Also do a search on the internet for the phrase "petty offense exception."

 

[Rajiv S. Khanna]

Hello Rajiv,
I am on H1 and my wife is on H4, we recently got our EAD and AP approvals. I have searched for answers for my questions related using our new found freedom and got contradictory information on the internet. You opinions will be extremely helpful.

1. Can I maintain my H1 if my wife uses her EAD to work or uses her AP to travel abroad and return? If yes, then what will she need to do to go back on to H4 in future if needed?

2. Can I use my EAD for part-time work and still maintain my H1 by working fulltime for my current employer?

3. Does using AP to travel automatically invalidate my H1 status even if I continue working fulltime for my H1 employer?

Thank you.

1. Can I maintain my H1 if my wife uses her EAD to work or uses her AP to travel abroad and return? If yes, then what will she need to do to go back on to H4 in future if needed?

>>>>>>>Yes you can. Your wife's use of EAD does not affect your H-1. She does not have to, but she can always reconvert to H-4.

2. Can I use my EAD for part-time work and still maintain my H1 by working fulltime for my current employer?
>>>>>>>No.

3. Does using AP to travel automatically invalidate my H1 status even if I continue working fulltime for my H1 employer?
>>>>>>>It suspends your H-1. You can always revive it.

 

[Rajiv S. Khanna]

Some people from EB2\EB3 IN (with 06-07 PDs) missed the opportunity to file I485 in July\August'07 due to their labor being still pending. It looks unlikely that they will be able to file I485 in FY'08. With this in mind, the following questions come to mind:

1. With the sub labor being a thing of the past now, can the employer still revoke an approved I140? (If the employee left the company after I140 approval but before I485 filing.)

2. During the time the employee is waiting for filing I485, are they stuck in the same position or can they be promoted to a position of higher responsibility?( I know job change or promotion can happen after 180 days from I485 filing by invoking AC21.)

Thanks a lot.

1. With the substituted labor being a thing of the past now, can the employer still revoke an approved I140? (If the employee left the company after I140 approval but before I485 filing.)
>>>>>>>>>Yes. But it should not affect your priority date carryover.

2. During the time the employee is waiting for filing I485, are they stuck in the same position or can they be promoted to a position of higher responsibility?( I know job change or promotion can happen after 180 days from I485 filing by invoking AC21.)
>>>>>>>>>Stuck.

 

[Rajiv S. Khanna]

i am from Japan having own business but i am nepali citizen. and now I want to register a company in USA to make a store for handicrafts. But I do not have knowledge to register a company in US, and I dont have any corresponding address of any consultant in USA. If any friends can suggest me it will be very great help. And one more thing, is it possible to register a company, because now I am outside of US. I just want to enter there after register my company. please co-operate me.

There are many businesses on the web who incorporate companies. My advice would be to decide where you wish to do business and then contact a lawyer or a CPA in that state.

 

[Rajiv S. Khanna]

Hello Rajiv, first of all Thank You !!!!

My case:

EB3 - Labor PD Aug 2003
I-140 Approved on Nov 7th' 2007
EAD & AP in Hand and Finger Printing done.
I-485 PENDING - Receipt Date - July 20th 2007.
6 yrs of H1 expire in May 2009

My company is being bought by another company. It is an asset sale - successor-in-interest scenario. Most likely, the new company will keep me. My old employer would NOT be closing the company right away after the asset sale as they need some time to close business.

Q1. Do i need to file some forms with INS before/after the transition to the new company or I can simply start working for the new employer as it is a successor-in-interest?

Q2. I will be travelling to India either right before or after or during this transition period. The H1 stamp on PP is expired and I will be re-entering on AP. Is there something I need to take from the new/old company while I travel?

Q3. Also, I do not plan to work for the new company for too long and wish to switch jobs using AC21. Will I be eligible to switch jobs immediately after Jan20th as far as I find a similar job?

Thanks,
RC

Q1. Do i need to file some forms with INS before/after the transition to the new company or I can simply start working for the new employer as it is a successor-in-interest?
>>>>>>If it is a successor in interest and your job remains the same, no foms need be filed but the M&A lawyers should know how to take over the visas.

I-140 amenment is required if you do not wish to use AVC21 portability.


Q2. I will be travelling to India either right before or after or during this transition period. The H1 stamp on PP is expired and I will be re-entering on AP. Is there something I need to take from the new/old company while I travel?
>>>>>>Too many variables for me to comment quickly

Q3. Also, I do not plan to work for the new company for too long and wish to switch jobs using AC21. Will I be eligible to switch jobs immediately after Jan20th as far as I find a similar job?
>>>>>>Yes, you can port after 180 days from filing 485 (since your 140 is already appoved).

 

[Rajiv S. Khanna]

My spouse is a derivative beneficiary of my concurrent 140/485
filing in the EB1 catagory, and also a F-1 student. She has a EAD
from the AOS application, so we are not planning to apply for
OPT-EAD. But she recently recieved a job offer and we are planning
to file H-1B for her, just to be safe, since my I-140 has not been
approved yet.

Is it OK to file for a new H1-B while being on derivative AOS status?

Yes. This OK.

 

[Rajiv S. Khanna]

Hello Rajiv,
Thanks for the Excellent Service.

I am On H1B, I have H1B Approval from my Current Employer “A”,
this is my 7-10 years (3 year Extension I got after my I-140 Approval).
My visa Stamp on the Passport has already expired.
Company “A” has also filed for my I-485 on July 3rd. I have already received my Advance Parole and EAD. Now, my Company “A” has been Merged with
another company “B”. They are now Operating under “B” ‘s name and “B” has taken over All Assets and Immigration Responsibilites of “A”. They are calling it as "Strategic Merger".

Here are my Questions

1. Can I Travel to Canada for less then 30 Days and use the Automatic Visa
Revalidation (AVR) Rule to Enter back US if I DO NOT apply for Visa in
Canada, what documents do I need for this.
2. If I Enter US by using my Current Advance Parole, my understanding is
that they will Provide me an I-94 which says “AOS”. After Entering US
using AP, can I transfer my H1B to another New Employer say "C" and
also use AC21.
3. Since my I-140 has already been approved long back does the New
company “B” needs to file one more I-140 Amendment or no.

1. Can I Travel to Canada for less then 30 Days and use the Automatic Visa
Revalidation (AVR) Rule to Enter back US if I DO NOT apply for Visa in
Canada, what documents do I need for this.

>>>>>>>>>>>>You will need a visa or AP. There is a little gray area here. My advice is to get the visa.

2. If I Enter US by using my Current Advance Parole, my understanding is
that they will Provide me an I-94 which says “AOS”. After Entering US
using AP, can I transfer my H1B to another New Employer say "C" and
also use AC21.
>>>>>>>>>>>>Transfer without a visa stamp, probably yes. I-485Portability - certainly. You can port.

3. Since my I-140 has already been approved long back does the New
company “B” needs to file one more I-140 Amendment or no.
>>>>>>>>>>>>>B, the successor must amend 140. But you can use AC21 to port to B. Then you do not have to get the 140 amended.

 

[Rajiv S. Khanna]

Thanks for the great service , I have 2 questions

- Filed I-485 thru company-F(Future emp-I-140 approved. Also got EAD and AP).Want to apply I-140 through current company-C due to personal reasons.
Does it impact the I-140 or I-485 applications already filed through company-F? Any issues with it?

- Currently working on H1(valid till Dec2008) through company-C.(No stamp in passport). Can I use Advance parole from company-F
for travel purpose and come back to work for company-C again with existing H1(valid till Dec2008). Any issues with it.

Thanks once again.

Problem, friend. I cannot answer questions that ask "ANY issue with it." It is impossible to frame a response to such a question. There can be issues with even taking a breath.

You can have multiple 140's as long as there is good faith and honest intentions.

I suggest you get an H visa stamp.