Recording Available, April 18, 2019 Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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
Next Call Date: 09, 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.

 

[Manglesh]

FAQ: Multiple years of CPT

Hello Rajiv Sir

My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to
--Maintenance of Status
--CPT Related
--Multiple years of CPT at the same Education level

The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.

After getting the RFE and if a lawyer asked to change to Consular Processing if i go to INDIA for stamping what are the chances of getting stamped Approve as I am changing from Change of status to Consular Processing and already have RFE?

Please let me know

Thanks
Manglesh

 

[lucky_2019]

FAQ: Options to stay in the USA after expiration of H-1B

Hello Rajiv:

I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019,

a) What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD?

b) Without a job how many days i can stay in USA before my I-94 expires using I-140?

Please advice and help.

Thanks.

 

[dumdumdu]

Hello Rajiv:

I have valid H1b Visa for Employer A, and wife has H4 EAD valid until Aug 2020.If i transfer my H1 to new Employer B, Will i be able apply for H4 extension and new H4 EAD at the same time now? I was told that H4 EAD cannot be applied before 180 days of expiry of existing EAD which is around Feb 1st 2020. So, as per them i can apply H1 Extension along with H4 and only apply H4 EAD in Feb 2020. Is this true?

 

[srikartech]

Hello Rajiv:


Greencard interviews for interfiling cases?


As per the new Green card visa interview rule. The visa interview is only for I485 filed after 2017. What will happen in case of interfiling 485 i.e( pending 485 filed in 2013 in EB2, requesting USCIS to consider in EB3)

Do we have to go through the interview process if we move the case from EB2 to EB3 with already filed 485 in EB2 ( filed in 2012), or would that be a simple request asking USCIS to reconsider the case in a different category?

I am only asking as I was told the interviews are taking close to 6 months to get scheduled.

 

[nisargmca]

Hello Rajiv Sir,

Thanks for replying my question. Really appreciated it.

My employer has filed H1b Amendment + Extension in July 2018 and I have received RFE for the same .My current I-94 expired on Feb 28,2019 and I am on 240 day rule.I filed F4(Brother Sister) family based I - 485 on Feb 16,2019 and USCIS has send the receipt with receipt date as Feb 19,2019 and notice date as March 05 ,2019.



Here is the summary :
I-485 Filing Date - Feb 16,2019
I-485 Received by USCIS - Feb 19,2019
I-485 Notice Date - Mar 05,2019
I- 94 Expiration Date - Feb 28,2019

Which date is considered for I 485 receipt date or notice date ?
If my H1b will get denied then will the period Feb 28 - March 05 will be considered as an illegal stay?

Regards
Nisarg

 

[Raj Dab]

FAQ: How to get H-1B approved for three years, not shorter duration

Hello Rajiv:

I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. Any particular documents needed for getting the H1b approved for 3 years? If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?

Thanks,
Rajesh.

 

[satsg]

Hi Rajiv,

My H1B and i94 both expired on sep 30, 2018. My employer had filed an extension and amendment. My case was transferred from CA to NE on Dec 18, 2018. and there is no update on my case since then. In this case if I dont get any update in next 2 months i will be finishing my 240 days period. Can I continue working after that( i.e. 240 days after i94 expiry)?

Thanks,
Satsg

 

[rahulgopaljoshi]

FAQ: Issues related to tourist visa/business visa (B-1-B-2) extensions

Namaste Rajiv Ji

My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Some specific questions on that:

1) Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back - before the fact at the time of submitting I 539 ? Any other form of evidence that you may have seen on this one may be ?

2) Looking at long processing times for I 539 - if current I 94 gets expired while the decision is still pending (application filed before I 94 expiry) - and if he chooses to continue staying in the USA till the decision under period of authorized stay - and unfortunately if the final decision is a denial - does it automatically cancel your 10-YR visa ? What other risks you may be taking by overstaying your initial I-94 date in such case ?

3) Can he leave before I 94 expiry date - while the decision may still be pending ? Would that have any negative consequences as such ?

This is something we have never done before - and I have been reading multiple different things about item 2 above - so sort of confused on that one.

Thanks Much

Rahul

 

[ram_la]

Hello Rajiv Sir,
I wanted to know how the priority date for filing I-485 is calculated for EB2 category.

According to USCIS web site the priority date is calculated as follows.
Establishing the Priority Date
The priority date in an employment-based (EB) green card case requiring a PERM labor certification is the officially acknowledged date that the case is filed with the U.S. Department of Labor (DOL). If the EB case is filed in a category that does not require a labor certification, then the priority date assigned is the date that the Immigration Petition (most commonly form I-140) is properly filed with United States Citizenship and Immigration Services (USCIS).

My case details as follows.

1. My Employer 'A' filed PERM (9089) on 02/17/2009 in EB2 category. I left Company 'A' before PERM got approved.
2. I joined Company 'B' and they started my GC process in EB2 again and I had approved I-140 with priority date 30/06/2010.
3. I joined Company 'C' now and they started GC process in EB2 again and have filed I-140 and asked to retain priority date based on Company 'B' approved I-140 priority date of 30/06/2010.

My question is that what is the basis of priority date in my case

1. Date of filing of PERM with Company A
2. Approved I-140 date from Company B

Can you please explain.

If the answer is "Date of filing of PERM with Company A", then when and how can I start my I-485 application after approval of I-140 from Company C?.

Thanks.

 

[royrogers193]

> 180 Day Rule for I485J

Hi Rajiv,
Right now I am working with Company C in H1B.

I have a I-140 approved with Company A ten years back and recently they gave me a Job offer

Attorney applied for I 485 for me with the I 140 number of Company A in I 485 application on 10/31/2018. Received an Request for Evidence requesting for I485J from USICS in which myself and my future employer will be signing.

If I am not wrong
1. I cannot submit the I485J until and unless the I 485 Application is in Pending Status for 180 Days.
2. The date of signing in I485J by me and my employer : Company A should be after 180 days of I 485 filing.
3. If employer C is ready to give me same or similar job can I get the I485J from Employer C too?

Am I correct in items 1 and 2 and 3

RFE has to be responded by 5/20/2019.

180 Days does not reach until 4/30/2019 from 10/31/2018.

Does this mean I485J has to be Signed after 4/30/2019 and to reach before 5/20/2019

Please advise.

I do not want to Submit reply to RFE before 4/30/2019 which gets the I 485 application denied.

Roy
****************

 

[ajk_1]

Good Evening Mr Khanna

We are family of three (myself/wife/daughter) and already got Family based GC in February 2018 but till date not received physical GC, called few times to USCIS and already scheduled personal meeting at Newark office in January 2019 but till date no update for physical GC, would appreciate if you can advise further course of action

Have a nice day

AK

 

[BetterWorld]

Hello Rajiv:

What situations could act as triggers for deportation or removal when one living here out of status for over 5 years or so?

Thank you very much!

 

[USCISDOLGC]

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.

-------------------------------------------------
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: 11, April 2019
-----------------------------------------------------
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.

 

[monica1]

Hi Rajiv ji

I have successfully done my N-400 Naturalization Biometrics(FingerPrint) & filed for N-400 6.5 months back.
I am also from a different religious faith( minority group) .
The city i am currently based out of doesn't Offer Infopass Appointments.

I have the following questions for you.

1) How much timeframe should i wait for till i start follow ups with USCIS ?

2) May i know what is Marital Union for naturalization

USCIS Clarifies Marital Union for Spousal Naturalization Applications Recently.



Are they any exceptions to "living together " Since the past 1 year I am a dual state resident maintaining one permanent address & the other temporary addresses for Work Purposes . Also while filing taxes i filed as dual state resident.
but the permanent address I keep all the documents in both my name & my spouse names ( lease docs, auto & renters insurance docs, Payable on death Account , Boarding Passes etc) . Hope all should be good.

3) May I know with N-400 pending what difference does Address change usually cause Because i have read a lot mentioning about its negative Impact & Process being delayed .
Regards,

 

[Rajiv S. Khanna]

Hello Rajiv:

Thanks for taking my question.

When one files Asylum after 2 years of entering USA:
- Interview happens or case goes directly to IG Court?
- What happens if one gets married to USC during Asylum case in process?
- Do you handle Asylum cases?

Please advice

Thanks for your help!

Sorry, we don't practice in the area of asylum laws at all.