Recording Available, August 11, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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:
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(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: :
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(202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 25, 2016
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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: Canadian citizen (or any person) getting married to a US green card holder
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I am a Green Card holder and intend to marry a Canadian citizen. I would like inputs on:
  1. After marriage, Can the Canadian citizen stay in the USA based on Canadian citizenship credentials?
    • are there timelines associated with this (only stay for 6 months permitted, etc)
  2. Do I need to apply for a Family based Green card for the prospective spouse
  3. Can the Canadian citizen apply for USA jobs based on Canadian citizenship credentials (OR) would a NAFTA visa or something like that be needed
Also, I would like to know of any other specifics that I need to be aware of with reference to my case above.

Thanks in advance.
 
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Dear Rajiv ji,

We want our son to continue his school in the US from next year onwards and
want to accompany him to take care of all his needs. Since we both have a
multiple 10 yr B1B2 , can we get our stay extended in the US after the
expiration of the initial tenure which is granted at the time of entry?

Since my son is 12 yrs (Minor US citizen) we as parents have to be there to
look after him. I will transfer about $100000 initially to my US bank account
legally from India to prove that we have sufficient funds to sustain
ourselves and we do not need to work. Will also keep transferring money every
year yo meet our families needs.

My brother in law is a US citizen and we can stay with him initially for 6
months and once visa is extended we can rent/ buy a house in our son's name
from the savings transferred from India. He can also provide a letter/
affidavit of support if needed.

Basically we can show that we have non immigrant intent and are there to take
care of our son who has the right to live and study in the US.

Just like parents of an F1 student in school can get a B2 which can be
extended , can we get an extension of our B2 till our child finishes his high
school or becomes a major. Basically looking yo get the status / validity of
an F2 on a B2 visa.

I have a family owned business in India established since 1956 and I am a 1/3
rd partner since 15 yrs , have multiple properties and other investments on
both me and wife's names , 5 yr tax returns , bank statements and property
papers can be produced which can be documentary proofs that we have all
intentions to get back.

I will also travel back to India every year to oversee my business back home.
Please advise if this is possible and we can stay in the US for a longer
period if time.
We were in the US from yr 2000 to 2006 on an H1 and H4 and moved back coz we never had an immigrant intent as I had my established business in India.
Thank you in advance.

Thank
 
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Dear Mr. Rajiv Khanna, I am green card holder and moved back to India in May 2014. I also have a re-entry permit that is expiring next month and I will be applying for a second re-entry permit for living out side USA for another 2 years. What are my best options to apply for citizenship? Is moving back to USA the only way?
Thanks.
 
Dear Mr. Khanna, Thank you very much for this service. My sister is a US citizen (unemployed and married with children and her permanent-resident husband is well-employed and living in Illinois) and plans to sponsor my parents (ages 67 and 71) for a green-card in order to be close to them later on if they require care (citizenship is not a goal for the parents). The main concern is health-care for the first five years since they are both currently healthy, but being successfully treated for pre-existing medical conditions. We are exploring options on healthcare.gov to see if we can find an insurance that will cover them.

a) Is paid-in Medicare eligibility based only on five years of permanent residency, or are there minimum-stay requirements during those five years ?

b) It seems that California does not have a five-year waiting period to be eligible for PPCA (Obamacare) coverage. Will it be feasible for my parents to buy a home in California to establish residence there, become eligible for California coverage and then live in IL with my sister ? Will the California coverage then cover out-of-state emergency procedures ?

c) Is requiring treatment abroad a valid reason for requesting one or two re-entry permits ? This way, can they get their green card, take steps to establish residency in the US (like buying a home, opening bank accounts, filing tax returns etc) and then mostly live in India until the five years are up ?

d) In case you are not the right person to advise us on this, is there a professional service who can advise us regarding health-care options across the US ?

Thanks !!
 
FAQ: Consequences of denial of an H-1 transfer petition
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Hi Mr. Khanna,

Thank you so much for your service and taking these questions!

My immigration history is as follows: Entered the US in 2011 on an H1B and am now in my 6th overall year. My last employer extended my H1B status earlier this year by 3 years until 2019 with a new I-94 until 2019.

Recently, I left this employer after receiving an offer from my current employer. They submitted an H1B transfer petition and gave me the greenlight to join/port using the receipt notice. However, the firm has now received an RFE. I am being assured that it's routine but I just wanted to check with you what would happen if the H1B transfer was denied. In particular:

a) Would my current employer be able to file a new cap-exempt H1B petition? (I assume a transfer is not possible anymore as my previous employer probably has already revoked their H1B petition).

b) Would I have to immediately leave the country while the new petition is pending?

Thank you!
 
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AskMeNot said:
I am a Green Card holder and intend to marry a Canadian citizen. I would like inputs on:
  1. After marriage, Can the Canadian citizen stay in the USA based on Canadian citizenship credentials?
    • are there timelines associated with this (only stay for 6 months permitted, etc)
  2. Do I need to apply for a Family based Green card for the prospective spouse
  3. Can the Canadian citizen apply for USA jobs based on Canadian citizenship credentials (OR) would a NAFTA visa or something like that be needed
Also, I would like to know of any other specifics that I need to be aware of with reference to my case above.

Thanks in advance.
Click to expand...

Additional Info:
  1. The GC holder is Indian Citizen
  2. Canadian citizens can visit USA without visa and stay for 6 months. How long does it have to be before the Canadian citizen can re-enter USA to stay another 6 months without visa. In other words, let us say the Canadian citizen stays in USA from Jan 2016 to Jun 2016, can the person re-enter USA in August 2016 to stay another 6 months? Are there rules around this.
  3. Regarding TN visa status - are there rules/categories around this or the types of jobs that the Canadian citizen can apply
 
Please I want to know if having errors in your dv initial lottery can cause denials at interview? Error's in year of birth and month of birth. Please any advice what I should do to be pardon at interview. ?
 
I am currently on H1B with my employer. My previous employer filed for my GC in Jan 2011. We also got an approved I-140 (I have the copy). I was assured by previous employer's lawyer that they have never, and will never in the future, retract the approved I-140. I am now having an opportunity to go to out of US with a new employer. The question I have is - what will happen to my Priority date while I am out? I read that once the PD becomes current, then I have to have an employer file for the I-485 within 1 year of the PD becoming current. But if I am outside the country at the time, it means that I need to find an employer who will file for my H1B, and then file for my LCA, I-140 and I-485 within 1 year of the PD becoming current. But it usually takes 6 months (or more) for the LCA to be approved, and another 8 months or so for the I-140 to be approved (though I think the I-485 can be filed concurrently with the I-140). Am I correct in my understanding?
 
AT THE TIME OF INTERVIEW CONSULAR OFFICER ASKED ME TO SUBMIT NEW JOINT SPONSOR. BECAUSE MY CURRENT JOINT SPONSOR IS NOT SUFFICIENT INCOME TO SUPPORT ME MY QUESTION IS I HAVE TO SUBMIT MY PETITIONER AFFIDAVIT SUPPORT WITH NEW JOINT SPONSOR AFFIDAVIT SUPPORT OR JUST NEW JOINT SPONSOR PLEASE ANSWER MY QUESTION IT'S MY HUMBLE REQUEST. I HAVE POST SAME QUERY MANY TIME DIFFERENT FORUM BUT NO RESPONSE. PLEASE PLEASE HELP
 
F2A processing times

Based on August Visa Bulletin, for F2A,


From Table A, Final action dates for Family sponsored preference cases is 15 Nov 2014.


From Table B, Dates for filing Family sponsored visa application is 22 Nov 15.


My scenario:

I am on a Green Card; I want to marry a girl in the U.S. who is on H1B Status; We are planning to marry


on January 17, 2017; her H1B expires July 31, 2017.


In my scenario, when (on what date) am I eligible to file a Petition for her Status Adjustment? (for her Green Card).


Should I, under the above Scenario, have to wait until the current filing date of Nov 22, 2015, crosses/passes our


wedding date of January 17, 2017? If so it could be quite a wait?


If yes, what happens when her H1B status expires on July 31, 2017? and the Filing Date (to be posted by the State


Department some time in the future) does not cross my Wedding threshold date of January 1, 2017? So technically I would be


ineligible to make a filing for her Status Adjustment, after our wedding? will she have to leave the shores of the U.S.A.?


after our wedding?
 
Thank you for your help.

I am in my 7th year on an H1B valid until 2018. I received 3yr extension last year and have 2 yrs on it left until expiry date. My I-140 may have been revoked by my last employer. I don't have another approved I-140 yet. I am now considering a job change.

1. Can a new employer file an H1B petition valid until 2018 for me if I don't have an approved I-140? Would this H1B be exempt from cap?

2. What if the I-140 is still approved when H1B petition is submitted, but revoked by the time H1B petition is adjudicated?

3. If a cap-exempt H1B petition cannot be filed in the 7th year without an approved I-140, would it help if I left the US for one year so that the 6 year clock resets? At that point could a new employer file for a cap-exempt H1B with 2 years left?

4. The proposed I-140/EAD rules as they currently stand - would they be applied retroactively to past I-140? So that we will be able to use any I-140 that was approved for more than 180 days in the past (even if it is now revoked) to extend H1B stay?
 
Hi,

Thank you helping community Rajivji..

My question - I am working for a employer which is a consulting company on h1b valid till 2018, I140 approved. There is a startup company(15 employee company) in India, want me to work for them as a business partner.

Can they file my another h1?

What are the chances for approval if company is valid and do not interfere my work at current employer?

As i understood, H1B fees is Base Filing Fee $325 + USCIS Anti Fraud Fee $500 + ACWIA Education and Training Fee $750 = $1575. Is that the only fees, we will be charged? Please correct if any.

Can we file another h1b on our own? Or do we have to go through attorney?
 
FAQ: When is an H-1B amendment necessary
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Hello Rajiv ji,

If I change my address which I included as a workplace in LCA within 50 miles and keep working for same client, do I need to file h1b amendment to update the address?

How about if I change the client with exactly same job role and responsibilities and keep getting same salary from my employer(no material change) with in 50 miles, do I need an amendment?

Thanks
 
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Dear Rajiv,

I was born in India. My fiancée was born in Nepal but has lived in India as her father is Indian Citizen.

There is no record of her birth anywhere.

After my marriage with her, I want to get the benefit of filing for I-485 using cross-chargeability under Nepal Quota.

Her Indian passport is not yet made. Getting the Indian passport made with Nepal mentioned as the country of her birth is proving to be an extremely difficult thing, given no record of her birth in Nepal. If she gets her Indian passport made with her birth location specified as the Indian city where she lives, would I be able to file for I-485 using her birth in Nepal later.

Do you think getting her country of birth specified as India, in her Indian passport means that there is no way for me to claim the benefit of Nepal quota under cross chargeability rules.

Thanks for your advice.
 
FAQ: Applying for green card for parents
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I wish to apply for my parents green card. They currently have a visitor visa valid for another 4 yrs. I am considering bringing them to USA for knee replacement surgery.
1. How long it would take to get GC if they are in USA?
2. How long it would take to get GC if they are in India?
3. Once they get the GC, and they don't want to live here, can they visit every couple of years and still maintain the GC?
4. What is the minimum time they need to spend here to maintain the GC. Because of bad knees (arthritis), they can't live here in winters.
5. My nephew who is 11 yrs old, can he come here with grand parents?
 
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Hello Rajiv ji,

If I apply for h1b transfer and start working when I get a receipt from USCIS and my current employer notify USCIS to revoke the h1b and later transfer application get rejected, starting what date will I be out of status?

Thanks
 
FAQ: Getting H-1 transfer while an amendment/extension is pending
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Hello Rajiv Ji,

Background:
I'm on H1B in my 6th year of H1, visa expiring/maxing-out in Nov 2016. I hold an approved I-140 with my current employer.
Current employer has applied for H1 amendment this month due to change in work location. I'm told by current employer that Visa extension is also being applied for along with the amendment using the approved I-140.

Question:
While the amendment/extension is being applied, can I get a H1 transfer and change my employer and get an H1 extension using the approved I-140?
Does it conflict with the current amendment/extension in any way?

Thanks
 
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arena said:
Please I want to know if having errors in your dv initial lottery can cause denials at interview? Error's in year of birth and month of birth. Please any advice what I should do to be pardon at interview. ?
Click to expand...

Sorry, we do not practice in the DV lottery area.
 
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