Recording Available, April 26, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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: May 10, 2018
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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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FAQ: Must I carry my green card with me at all times?
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Dear Sir,

I posted following question last time. As per your suggestion went through your online post of March 12th 2017 which advices GC holder to carry original GC all the time.

My question is little different, can I keep the notarized copy of my green card instead of original green card? Because I think it’s risky to carry GC all the time and have fear of it getting lost. cost and wait time for replacing GC is very high.

When I will travel out of town or government buildings I can take my GC with me. But for other day to day routine travel can I keep my GC safe at home ?

What is the maximum penalty I have to pay if random checked by immigration officer (very unlikely) I provide my driving license and notarised copy of GC? Is it very serious offense ?

Have you seen people getting into immigration(USCIS) trouble for not carrying original GC?

Do we have to do police complaint if GC is lost? If yes then can you please explain the procedure, and forms to fill.

Thank you very much.
 
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H-1B and green card transfer from a non-profit organization to for-profit
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Questions on GC filing and H1B processing thru a Non-Profit Organization to a for-profit Organization

Hello Rajiv,
I have few questions regarding working with a Non-profit organization and transferring to a for -profit organization.

I am currently working for a Non-profit org on a cap-exempt H1B. and my company initiated my GC processing. Below are the few questions:
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?
2. Can my I140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs
  • Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)
    • If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1
  • applying for concurrent H1b
  • Moving on to H4EAD and filing a H1b next April
  • Joining a Masters CPT college and filing a Cap-subject H1b next year
I can maybe talk more during the call to give you more clarification

Thanks for your Help !
 
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ricknim said:
Questions on GC filing and H1B processing thru a Non-Profit Organization to a for-profit Organization

Hello Rajiv,
I have few questions regarding working with a Non-profit organization and transferring to a for -profit organization.

I am currently working for a Non-profit org on a cap-exempt H1B. and my company initiated my GC processing. Below are the few questions:
1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?
2. Can my I140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?
3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs
  • Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)
    • If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1
  • applying for concurrent H1b
  • Moving on to H4EAD and filing a H1b next April
  • Joining a Masters CPT college and filing a Cap-subject H1b next year
I can maybe talk more during the call to give you more clarification

Thanks for your Help !
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Dear Rajiv,
Thanks a lot for helping all of us in need with complex questions and helping when there is no other means to seek expert advise.
My colleague and myself have a special need dependents and both of us got Compelling reason EAD. We Posted a question on Compelling reason but if you can answer a couple of really important concerns ,will be very helpful.
1. If the C36 dependant on EAD ages out after 21 , can the dependant still apply for renewal for his EAD (after 21 years of age,as his father has a C35 ) and be in USA till he finishes his BS education or he has no option but to go out of USA and come on F1 Visa for completing is 4th year of BS .
2.I want to remain in US and since my special need children may or may not get a Green Card before he turns 21 as my priority date is 2014 and its taking ages, can i look for any other option like EB1C , while being within US or i have to move out of US Physically to different country for 1 Year and be in an Executive position before i can come back as Multinational Manager.
3. Are there any options for parents with disabled children as there is some hope here in US for treatment (of course if we have insurance) for applying for permanent residence.
 
Dear Rajiv,

After 10 years of struggle finally I won complicated immigration case. I have couple questions regarding the court’s decision and interpretation by USCIS. Here is my timeline and brief background.

2007- I came to US on a B1/B2 visa.

2008- Married. Applied I 485 & I 130 with USCIS. Received conditional LPR

2009- Divorced and filled for I-751 with a waiver. Had interview in early 2010. My ex-wife complained USCIS that it was marriage fraud.

2012- My case was still pending.

2012- Remarried with current wife 3 years later the divorce from first wife.

2013- I-751 with waiver from first marriage denied based on marriage fraud and conditional LPR status is terminated. Received notice to appear (NTA) to immigration court.

2015- My current wife filled for I 130.

2016- I 130 from current wife is approved from USCIS. (USCIS didn’t had substantial evidence of marriage fraud expect testimony from my ex-wife)

2018- Applied for INA 237 a1h waiver and also I 485 based on approved I 130 at immigration court.

2018- Immigration Judge sustained marriage fraud charges. But gave me INA 237 a1 h wavier and also approved I 485 petition based on current marriage. (Adjustment of status)

2018- Took the decision to USCIS. USCIS gave my new LPR card with permanent resident since date 2018. (I was expecting they will retroactive my old card with 2008 original date since INA 237 a1h waiver was aproved)

According to the statue & case law, INA 237 a1h waiver retroactively validates permanent resident status from the original date (2008). Despite that USCIS gave me new permanent resident status from 2018. When I asked, they told me since I got both INA 237 a1h waiver & adjustment of status, the adjustment of status will trump and they will give new LPR status. (They didn’t show me any supporting documents on this)

I have couple questions for you. No one able to provide me an answer on this.

1. Is USCIS right on giving me new LPR card? OR they should gave me LPR status from initial date (2008)? If so, how do I convince USCIS to change the date?

2. Since marriage fraud charges are substantiated; am I going to have any problems while applying for N-400 in the future? (INA 237 a1h waiver is granted, i don't have any other immigration, civil or criminal convictions )
 
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Regarding AOS versus Consular & Ac21:

Myself - from India - had self petitioned Eb2 NIW I 140 approved based on research category.

Wife - Malaysia - has current employer sponsored EB2 I 140 approved. Currently doing J1 physician waiver until Aug 2018. On H1b status now.

I have one question - what will be best, quick way to get GC and would like to switch jobs.

1. Can I do AOS once she completes waiver and wife do consular processing in Malaysia and see whichever GC comes fast!? Is it allowed to do AOS and Consular process at same time (since AOS takes longer time 9-12 months due to mandatory interview process, thinking for consular processing)

2. My wife would like to switch job, do we have to stay for same employer who did I140 after the GC approval for some time?! Since, my wife is getting a good job offer in a different geographic area, is it not recommended to switch job immediately after GC approval?! If not recommended, is it better to transfer once 180 days passed from I 485 filing and use AC21 portability and move to the new job.

Thanks,
Dev
 
Hello Rajiv sir,
When I filed my tax returns in 2015 thru a tax agent company (filed as marital status = single as my wife was still in India at that time and never been to the US before). Recently, while I was filing my tax returns this year thru anther tax agent company, they suggested I should file an amendment stating I was married in Aug 2014. By doing so I'm also getting a refund as well. Question is - would this cause any issue in the future during my GC process?

Married in Aug 2014
Wife entered US in July 2015

Thank you!
 
Hello Rajiv Sir,

I have a question for you.I graduated from ACICS Accredited University(NPU )I got initial OPT and my University lost ACICS accreditation on Dec 2016 so they didn't grant me new i20 for 24 months STEM OPT Extension so I joined in Day1 CPT university.
Recently ACICS got accreditation back on April 3, 2018, and it got the Accreditation back from the Same date ie Dec 2016.There are thousands of people got affected because of 24 months Stem Extension.
Is there any way legally to fight to get back our 24 Months stem extension and it happened because of mainly Govt Mistake.Can you please guide us.
 

Attachments

  • ACICS Dkt No 16-44-O Order of the Secretary 4.3.18.pdf
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H1B Max out 12/12/18

PERM To Be Filed on August 08/04/18(becoz of Layoff)
PERM to be approved 01/30/19
I-140 to be approved by 02/27/19

Recap Available 30 days

H1B Ext Recap - Apply on 11/30/18 On Normal processing it takes 5 months .We may get RFE to justify for 3 years recap so wait for I-140 to get approval then apply with I-140 document for the 3 years extension.

H1B Ext RFE to be respond by 04/30/19 with I-140 approved

1.Can we Work after 12/12/18 once we apply H1B Ext to recap the pending 30 days
2.Will USCIS Reject since we have 30 days recap but we request 3 years and then replied RFE with approved I-140
2.Options for H4-EAD without break in Job
 
FAQ: Filing EB-5 investor case with a promissory note secured by property in a foreign country
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is it possible to File EBT-5 with 200 cash & 300K Secured promissory note to be paid in next two years against Indian property?
 
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FAQ: At what stage should I join my future green card employer?
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Hello Rajivji,

My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer.
Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved.
Basically need to know at what stage of the GC process I can join the future employer.
Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
Thank you for your help.

Thanks,
ContactGS
 
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Hello Rajiv,

I am planning to visit Cancun (for around 10 days for a holiday), Mexico by using Contiguous Territory rule, I have an expired H1-B visa with previous employer and valid I-797, valid I-94 with my current employer.

1. What kind of questions can we expect at US port of entry?
2. Is this right time to visit Mexico in current situations with all the fuss around immigration rules in the US - what would you recommend?

Thanks,
SV
 
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FAQ: Child turning 21, immigration consequences for pending green card cases
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Hello,
I am on H1 Visa and my son is on H4 visa. He is 17 years(studying 11th grade). i wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not.
Also, if he goes to india for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.

Please let me know.
 
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H1b transfer before Oct 1st

Hello Rajiv,

Couple more questions:

1. I am working for company A on a cap-exempt H1, Company B filed a cap-subjective H1 and if suppose this new cap-subject H1 got approved, can i transfer this approved H1 to company C before Oct 1st? If so, how much before?

2. If the new cap-subject H1 got approved and if I choose not to move and stay back in my cap-exempt h1, do I still have to goto the lottery again if I want to move to for-profit org? When can i not have to goto the cap again?

Thank you !
 
Dear Rajiv-ji, I am completing my 5 year on GC in next couple of months and will be applying for Citizenship.

My son (18+) has medically diagnosed developmental disability since birth. Had schooling in special school and now registered with State Disability Services for transition services.

However, since last one year he is also enrolled in a state university for bachelors with less than full course load. He is struggling but somehow managing to pass most courses.

Questions --
1) If we do not apply for a waiver of English and Civics test, and if he fails, can we apply for waiver later ?

2) If we apply for a waiver on medical ground, will it have any negative impact on his application ? By negative impact I mean will they think he will be a state burden ?

Thanks much for your help
 
Dear Rajiv sir,
1) My opt stem extension application got denied on 5th april 2018 and my sevis was completed. The reason was ASCIS accrediation which was restored back 1 day before the result ie. on 4th april 2018 .
my university ISO asked me to send back all my documents with supporting letter to USCIS, which i did and its been more than 6 days i didn't receive any response .
2) My initial OPT got over on 14th feb 2018 and i got 2 months of provision period which allows me to change my status back to student before it gets over.
3) My provision period got over on 14 th april and even my sevis is completed as well so technically i am out of status right now.

so my question is that whether is it advisable to wait for response from USCIS even if i am out of status.?
If yes then for how many days? and if NO then how much time do i have to leave country and generate new sevis? If i wait for response then wont there be any action taken by immigration department ?

i asked this same question to ISO and they asked me to keep patience and wait for response but i was not convinced by their answer.

thank you.
 
Dear Rajiv Sir,

11/2017 – 6 year of H1B completed.

12/2017 – Moved to H4 status as I was waiting for PERM approval.

01/2018 – PERM got approved

02/2018 – I-140 got approved

03/2018 – Applied for H1B extension (Premium)

03/2018 – Received Specialty Occupation RFE

04/2018 – RFE response preparation is going on and will send the response by end of April.

My wife works on H1B and has approved I-140. So, I am eligible to apply for H4-EAD.

I have the following questions:

1. Shall I apply for H4-EAD as a backup option OR wait to get a decision on H1B RFE?

2. Say if I apply for H4-EAD now (it will take ~3 months for approval) and if H1B get approved before then can I withdraw my H4-EAD application? What is the process to withdraw H4 EAD?

3. As I have approved I-140, is it possible for me to look for H1-B transfer option with a different employer?

Thank you for your assistance.
 
Hi Rajivji,

I arrived in US on 25-Feb-2012 on a H1B visa and will be completing my 6th year (on H1B) on 01-May-2018 after recapturing my time in India (vacation/visit) during this period.
I joined my current employer on 01-Mar-2017 (after receiving the H-1B receipt number) and while my H-1B petition (premium processing) was being processed my employer filed my GC PERM application after joining with priority date of 20 March 2017. Got a RFE from USCIS on the H1B application and while responding to the RFE the attorney asked for an additional year of H-1B extension citing that by the time I complete my 6th year on H1B, the PERM would be already 1 year old. The attorney also provided the PERM information and the documents requested for clearing the RFE.
The H1B visa got approved for 2 years (1 year for 6th year on H1B and another year for the PERM being in process) with end date of 01-May-2019.
My PERM application was withdrawn citing issues that were seen in denials of other similar PERM applications for other candidates.
Another PERM was filed soon after with a priority date of 15-May-2019.
I traveled to India in early Jan 2018 for 20 days and while entering US, while re-entering US showed the approved I-797 to the CBP officer and I had a visa stamped from by previous employer with an expiry date of 25-Feb-2018 and got I-94 with an expiry date of 01-May-2019 as per the approved I-797 end date.
Now my PERM with priority date of 15-May-2019 has been denied and my employer is going to appeal against the denial.

1) I want to know if I can stay in the US as I would be completing 6 years on H1B soon, and what is my legal status.
2) Would the PERM go in pending status?
3) If yes, do we need to file an H1B extension with the PERM with priority date of 15-May-2019 as the older PERM (with priority date of 20 March 2017) is already withdrawn.

Thank you for your help and assistance.

Thanks,
GS.
 
Hello RajivSir,

I have a question about EAD extension, EAD extension required while waiting for I-485 adjudication.

When is the earliest time to apply for EAD extension? Is it 6 months or 120 days?

Thank you.
 
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