Recording Available, August 02, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member
#1

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: August 16, 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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#2
FAQ: What are different wage levels for H-1B and green card jobs?
Hi Rajiv,
Im currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or shud it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.
 
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#3
Travel outside the USA when a case is pending
Traveling on H1b amendment

Hello Rajiv sir,

I moved from client A to client B in June. My employer filed an amendment for me now. I have my current h1b till sept 2020 when I'm with client A but my visa stamping expired last year.

My questions are:
1. Can I travel while my h1b amendment is pending?
2. As my visa got expired, I have to get it stamped again. For that, Should I have to go for interview again or can I do it by Dropbox?
A. What will be the case If my amendment is still pending
B. What will be the case If my amendment is approved by then​

Thanks for your suggestions and help

Thanks
Rick
 
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#4
FAQ: The impact of the NTA memo
Hello Rajiv Sir,

Thank you very much for your time.

Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years.

1) can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?

If 10 year GC renewal is denied but I have 1 year GC stamped on my passport while my application was pending with uscis, will that stamp will still be valid after a GC denial.

If situation arises, Can I keep working if gc renewal is denied and I have 1 yr GC stamp which is valid on my passport and while I am waiting for NTA?

If my 10 yr GC is denied when do I go out of status when my 1 year stamp on passport expires ( which was based on pending Gc renewal application) or when I received denial notification.


2) For I 90 form application ( green card renewal) as far as I know I don’t need to submit minor traffic tickets documentation but under new USCIS policy do I also need to send copy of non criminal ( minor) traffic ticket which is paid on time along with my GC renewal application. Also is it recommended to also send all 10 year tax document.

3) what extra document submission is recommended for 10 year green card renewal application in order to avoid any problem with denial or NTA. How extensive should be the documentation for filing i90 form should be under new deportation and denial policy 2018.

Thank you!
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I have H1B extension pending (I-94 expired) and at the same time, we have applied for H-4 + EAD (Spouse's I-140 approval), but applied H-4 and EAD with a future start date i.e. H1B Extension is requested till 11/21/18 (Max out) while H4+EAD Start Date requested 11/11/18.

So it's clear that denial of H-1B extension now, would also deny H-4/EAD and create a gap (prone to NTA?) since the I-94 Expiry on 30Jun2018 until the day we get denial notice or so.

In this situation, considering new NTA Memo last week PM-602-0050.1, would I need to Depart US without awaiting NTA copy, and forgive H-4 + EAD (i.e. its as good as voided/moot since longer processing times).

Also, will I be barred from re-entry in future (Ex. on H-4 visa stamping with Spouse's H1)?
Please let me know.
Thanks!
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Dear Rajiv & team,

Here is my background:
I had to enroll in second masters and CPT as I became ineligible for OPT extension due to the loss of my university's accreditation.
CPT exceeded 12 months by May 2018. My H1 got picked this year. Case status still shows as "Case was received"

What are the chances to have a successful COS from F1 to H1 in case my case gets approved or not receive NTA in case of denial? Do you think the new rule changes impact me?
Considering my situation, please advise me on what should be my next plan of action if you think I'm in a jeopardy.

Thanks in advance.
 
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shd

New Member
#5
Dear Rajiv,

When my employer applied for green card I was in "Programmer" title, but green card applied for "Manager" title.

1) After getting the green card, with in how many days I should change the title to "Manager" from "Programmer" with the same employer (sponsored employer).

2) And minimum how long I should stay with the sponsored employer after getting the green card.

Thanks
Shd
 
#6
Hi Rajiv

I am on CPT for more than 1 year. I need to file my H1 Extension. if i file my h1 after aug 20 i will be unlawful presence after aug 10 as i have used CPT for more than 1 year.

What are my options here

Thanks
Manglesh
 
#7
Hi Rajiv Ji,

My friend came to the USA on F1 visa several years ago. While attending school, she worked illegally and got paid cash. It seems that there is no record of this employment. She is now in the USA currently on H1-B visa and has a 6 years old US citizen daughter. Her priority date is current under EB3, and she is planning to adjust her status. However, she does not want to lie about her illegal employment on I-485 form and during her interview. Although in the past, on DS160 she did answer 'NO' on several occasions to the question - Have you ever otherwise violated the terms of a U.S. visa?

Her question to you is -

1. Does illegal employment have a statutory ban for adjustment of status? Is there any remedy as she is a parent of a US citizen child?

2. Since she already answered 'NO' to the question on DS160, whether that can cause her I-485 to be denied?

Thanks,
Akshay
 
#8
Hi,
I received SNAP(Food stamp not cash) for my child in 2011 for 6months at that time me and my spouse had F1 F2 visa status, then again after having H1B status we had our second child and get WIC for the child and mother for a year. Also had medicaid as health insurance for kids and spouse.

Now i already filed I-485 in May 2017, I answered "No" for the public assistance question. "Have you received public assistance in the United States from any source, including the United States government or any state, county, city or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?".

Are Medicaid, Food stamp for children, and WIC considered as public assistance while filling i-485 ?
What are my options to correct the already submitted I-485 application with proper answer"YES"/"NO"?
 
#10
I obtained my green card through EB-2 at the end of April 2018. I started working for this employer on H1-B in August 2017. It’s been 3 months since I’ve had the card in hand, and I’m thinking about possibly leaving my current employer to work for myself in the same field (medicine) come December 2018 (8 months after having green card in hand). Will that impact my eventual naturalization in any way?

I’ve been reading that the government has set up a task force to take away citizenship or green cards from people and I don’t want to have any problems when I file N400 in 5 years.
 
#11
Dear Mr. Khanna,
I am an Indian citizen and my current H1B (first term) employer shut down and filed for Chapter 11 bankruptcy, giving me less than 24 hours notice. I am in the process of applying for new jobs, and my 60 day grace period ends on Aug 28th. My current H1B is valid till September 2019.

My husband is an F1 student. If I change status to F2 under him, can I switch to H1B once the new employer files a transfer after the 60 days? If yes, will I have to go through the lottery again?

What immediate steps should we take apart from continuing the job search?

Any help would be greatly appreciated,
Thanks!
 
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#12
Hello,

Here is my current situation.
1. My H1 extension is approved until 2020 including my dependents. even I-94 valid until 2020.
2. We have GC-EAD valid until 28th Jan 2019, for my and my family.
3. We filed I-485 on EB1 Category, I-140 approved, got GC-EAD/AP. Waiting for I-485 interview and approval.

Due to my role change in the current company, My immigration team filed for H1 amendment, got a RFE for Job qualificaiton, filed RFE response. I just got email saying that my H1 amendment got denied. I am still waiting to receive the notice for denial.

What would be my situation? what options I have? i know we need to wait for denial notice document.

can my status be moved to GC-EAD and continue to work with my current employer? If H1 amendment is denied, does my I-94 still remains approved until 2020?

Is there any impact for my wife and kids who are going to school?

Please let me know.

Regards,
Pandu
 
#13
Dear Sir,

I function as a Technical Project Manager. But my employer filed my I-129 with Job Title as 'Systems Analyst'. I-129 wages section has my annual salary as almost half of what I make. My I-140 got approved on that basis. I had no idea what they were reporting to USCIS for my case, until I received approved I-129 from my employer. How does this impact my Green-Card process? What should I do?

Thank you.
 

SK2008

Registered Users (C)
#14
Dear Sir,
I have two questions related to use of EAD/AP.

1) I started my GC with company A and received EAD/AP in 2012. I never used EAD for my work. I shifted to company B by H1B transfer in 2016. This H1B is valid until Aug, 2019. But the H1B visa expired in passport. Last month I went to abroad and returned to US on Advance Parole. My I-94 was stamped as "Paroled" at the port of entry. After return I am continue working for the same company B.
Now my question: Is my H1B voided? What is my immigration status now?

2) I have to go abroad again in September. But I need to file for my EAD/AP renewal in August. Is it safe to travel when renewal is pending?


Thanks
SK2008
 
#15
Dear Rajiv Sir,
I am in a similar situation as one of the above members. I lost my job when my company (based in PA) downsized. I am on an H-1B visa till end of next year.
I have about a month left for my 60 days.

The questions for you I have are as follows:
  1. My spouse is an F-1 student. If I file for I-539 (H-1B to F-2) within the grace period will I be lawful to stay in the US (without work of course) when my documents are delivered to USCIS? Or do I have to wait for the F-2 to be approved?
    (Currently the processing times for filing the I-539 at the USCIS Vermont Service Center is 11 Months to 14.5 Months)
  2. If I am able to find a new employer within the 60 day grace period with an F-2 transfer pending, will I be able to switch back to the H-1B visa without going back through the lottery?
  3. Will point 2 above be any different if I find an employer after the 60 day grace period?
  4. How long does the I-539 filing application approval (not F-2 visa approval) take?
    If I get this done within the 60 days, will I be lawful to stay in the US while I wait to hear back from new companies I have interviewed at?
I would be eternally grateful for any help you have to offer me through this difficult and stressful time.
Thank you for your service to people in need - like us.
 
#16
Hello Rajiv,

I am planing to apply for Citizenship in first week of September 2018. I want to know if me and my wife should file together now? or can we apply separately after getting one of us Citizenship? This is because if any issue happens then latest one person will be safe.

Thanks,
Raghu
 
#17
Hello Rajiv,

I am on H1B through Employer A, working at the client location since 3.5 years. Now, my client offered a full time position with them with better pay and position. My current H1B/I-94 expires on Sept 15th, 2018. Employer A has already applied for extension in premium processing. Here are my questions:

1. Can Employer B apply for change of employer and extension of stay petition when Employer's A petition is in process?

2. I have a Bachelors/Masters in non-computer science, so am expecting a RFE or a denial on both the petitions considering the current situation. In case of denial, I am planning to leave the country before my I-94 expiry and re-enter USA on H4 based on my wife's H1B. Will my prior H1B denials affect H4 visa stamping in anyway?

3. I have already enrolled for Masters program in CS. On H4 I am planning to complete the degree and move back to Employer B (who is willing to take me back) on H1B. Is this transition possible from H1B - H4 - H1B? I have 3 more years left on 6 year limit and I-140 approved.


Thanks,
Santosh
 
#18
Hello Rajiv -
I am on H1B with Employer A . I have completed first 6 years of my H1 and My I-140 is approved.
Based on my I-140 , my wife has got her H4-EAD and She is currently working with a company on full time basis.
Employer A filed an extension for my H1 and H4-EAD and it got approved until June-2019. So my wife has a H4-EAD valid until June-2019.
Last week, Employer B filed for a H1 transfer for me and it got approved until July-2021. The H4 visa of my wife also has the same validity now.
Employer B has to restart my Green Card process from Labour petition onwards , so to get my I-140 approved again, it might take another year from now
and I might not be left with enough time to apply for my Wife's H4-EAD renewal post June-2019.
So my question is ,
1.) Do I really need to wait for my I-140 to get approved from Employer B to apply for my wife's H4-EAD renewal ?
2.) Or, Can I apply for H4-EAD extension for her based on H1/H4 validity of July-2021 as I have already completed first 6 years of my H1 ?
If yes, Can I apply for a H4-EAD renewal now ?
Regards,
Sumeer Arora
 
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