Recording available, August 20, Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Aug 7, 2015.

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    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: (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: 12:30PM, EST
    End Time: 1:30 PM, EST
    CALL DATE: August 20, 2015
    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.
    Last edited by a moderator: Aug 24, 2015
  2. san1233

    san1233 New Member

    Hi Rajiv Ji,

    I am in USA on L1B since 2011 with Company A and meanwhile Company B processed H1B in 2013 and it got approved (I have a copy of I-797C).
    Due to personal reasons, I didn't join with Company B on 1st of October 2013 and at the same time I traveled outside USA on 30th September and came back to USA on 4th of October by extending my L1B visa.
    Company B requested for withdrawal of H1B in November 2013 and it successfully revoked in January 2014.
    Now in 2015 I would like to change my visa status from L1 to H1 using company B H1 petition since my L1 tenure 5 years is going to complete soon. So I requested My Current Company A for the Change of status. Here are the below questions on this situation:

    1. Company A whom I am currently working with is applying for Change of Status by filing new H1 with my current Project (SOW). Since I have already approved H1B visa applied in 2013 wanted to use the same for CAP Exemption.
    2. What is the success rate in this case?
    3. What will be the chances of approval?
    4. Is there anything we need to consider in this case?

    Last edited: Aug 7, 2015
  3. Jai Ganesh

    Jai Ganesh New Member

    Dear Rajiv,

    I received US Green cards for my family 4 years back. Can I shred/destroy all our H1,immigration process documents or do I need them till I get US citizenship?
    Those immigration documents for 4 persons occupying a large suitcase. Now I have to relocate from East to West. These documents are quite heavy and shipping them is costly. So I request you to suggest if I need to still save those documents.
    Please clarify.

    Thank you
    Jai Ganesh
  4. Satish Thakre

    Satish Thakre New Member

    Hi Rajiv,
    My brother got f1 visa and he came to US in April to enroll in school by May 5th but unfortunately my mother's health went really bad and he has to go back and he left by May 3rd without enrolling in the school and requested for differing the semester to next year, my question is he wants to come back by next year same time and he has 5 years visa ,do you think he is going to need a new visa or he is going to face any problem at port of entry if he uses same visa and come to us ? He will be having same school, I-20 and course of study ....please help.
  5. ab5

    ab5 New Member

    Dear Rajivji,

    Let me first thank you for taking questions from the general public. I have some questions on the recently allowed I-140 rule making process to start in Oct 2015. I realize that there is no legal advise that can be given here as the rules have not been finalized.

    I am on H1B here, after my 6 years extension. I have an approved I-140 with priority date of 9/2010 under EB3. I received the notice of approval sometime in 2011. I now have a new offer from employer B, on which I have to make a final call very soon. However, I came across various blogs and articles on the new proposed rule making for simplifying the process for those who have an approved I140. Below are the 2 points which impact me the most

    1. USCIS would amend its regulations regarding the revocation or continued validity of approved I-140 petitions in cases where an employer withdraws the petition or terminates its business. Current regulations make such a revocation by USCIS automatic. The new rule would consider these I-140 petitions to remain valid for a beneficiary when “certain criteria are met.”
    Question: If this rule come into effect, does it mean that my I-140 would remain valid even if the current employer decides to revoke or withdraw it?

    2. USCIS would issue a new rule providing employment authorization to beneficiaries (and their derivative spouses and children) of approved employment-based immigrant visa petitions.
    Question: If I move to employer B, and then the rule becomes effective, do you think I would be able to use my current approved I-140 to be eligible to apply for the interim EAD? Or will the rules force me to be with the same employer which filed my petition? Also, will it matter if my previos employer withdrew the approved I140 or not?

    Thank you once again,
    Last edited by a moderator: Aug 20, 2015
  6. Mira99

    Mira99 Member

    How you are able to post new question ? I am not able to find any way to post new question here ? please guide me
  7. krish887

    krish887 New Member

    Hello Rajiv ji,
    Company A filed my employment Based green card in June 2009 under EB2 category. In July 2013, I accept offer from Company B and started working on EAD. Filed AC21 on July 2013 mentioning that working on similar category/occupation. Now I can work on any part time or second job while working primarily with Company B on EAD. Please advise. thank you for your support. Appreciate your response.
  8. katraj

    katraj Registered Users (C)

    Respected Rajiv Sir,

    I have my Old Priority date as Dec 2009 in EB3 and when i changed the company they filed the Labor and I 140 in EB2 and my old Priority date is not ported on my New I 140 and i see the New I 140 in EB2 with the Priotity date as Jan 2013

    How can i now get back my old Priority date in I 140 Can you please help me a way

  9. Mira99

    Mira99 Member

    Hello Rajiv ji ,

    Thanks for helping us.

    My I-140 was approved in Jun 2014 and my Priority date is Oct 2013 and my green card is filed in EB-2, My H1-B 6 year will complete in April 2017. I want to change my job and my new employer is ready to file my green card in EB-2, I asked old employee in my company and they said when any one leave the company they revoke green card because they file so many green card each year.

    I am looking for some proper solution by which I can change my job and I can retain my priority date.

    I have few questions, it will be really helpfully to me, if you can answer all the question separately.

    1. Can you please suggest what is the best way I can adopt during job change, so that I can retain my priority date, because I already spend 3 years waiting.

    2. Is it possible for my new employer to file my green card as a future employee ? If yes - what will be safe way to job change , when PERM is filed or When PERM is approved or WHEN I-140 is filed or When I-140 is approved ?

    3. With your experience what is possibility to get I-140 (Green Card) approve as a future employee ? I am planning to join some decent company. Assume that I will get I-140 approve with Old priority date as a future employee and after that I Join new employee and my old company revoke my green card, then also I will be eligible to retain my priority date with new approved I-140 ?

    Thanks in advance
  10. Mona9999

    Mona9999 New Member

    Hello Rajiv ji ,

    Let me first thank you for taking questions from the general public, in our groups most of us are facing same issue, so I am posting few General questions on behalf of my friends. we will appreciate if you can help us.

    1. How I came to know that my I-140 is revoked ? USCIS will send me any letter or email ?

    2. is any web site you can suggest me where I can check my I-140 status any time? where I can check how many green card my company filed and how many they revoked and at what stage?

    3. Some people told me that after 180 days , my employer can't revoke my I-140 , is it true ? Some web site says it I-140 is revoked by employer then also I can retain my priority date except I-140 is not revoked because of fraud or willful misrepresentation. please find different web site for reference.

    we are very confused , please guide us what all precautions we must take before joining new job and I can retain my priority date

    Thanks in advance
  11. pooja0201

    pooja0201 New Member

    Hello Sir,

    Thanks for all your help and advises given earlier to me. They were really helpful. Below is my new situation.

    I applied for H1B through employer A in 2013 which was approved but I entered US on H4 with my husband in Feb 2014. Then in October 2014 another employer B filed for a new cap exempt H1B and I started working. I never worked with employer A.

    I am due in September and plan to go on maternity leave from September 1st. I am not sure when I would be joining back may be after 4-5 months. Below are my queries.

    1. I will be going on maternity leave in September and not sure if i will join back in 3 months. In such scenario what is the best option for me ? Convert to H4 or remain on H1B and get the leave letter from the employer for the extended leave I am taking for example 5 months.

    2. How many months of leave can be taken on H1B ? Can I avail more than 3 months maternity leave while on H1B ? Does it affect my status ?

    3. I am a full time employee of a consultancy but its conditional, meaning If i do not work for the day or do not have a project in hand I do not get paid and will get 2 weeks leave after I complete 2000 hours. So If i go on maternity leave I will not be paid for that duration. If after coming back from leave, i wish to join some other employer and do H1B transfer,
    i. Will I be able file H1b through new employer C or there would be problems? Am asking this coz my last 3 months Pay slip will show salary of $ 0,
    ii. Also will I come under cap exempt or have to wait until april to apply for H1b ?

    4. If I go on H4 now and take as much time as i need to recover. ON my return and plan to staty with my existing employer
    i. Does my existing employer just needs to apply for COS and get me back on H1B from H4 if I find a project or he needs to file a new H1B for me ?
    ii. What would be the cost of COS change. Will the cost of COS would be same as of filing new H1b ?
    iii. If he need to apply for new H1b Will it be cap exempt H1B or in quota i.e. wait till april ?

    5. How much time will H1B to H4 transfer will take ? If i decide to go on H4 today but my Project ends before H4 transfer is complete, will I be out of status for the timeframe between the end of project and my status changing to H4 ? How should I plan this in order to be in status ?

    6. During my leave I will be going to India in December and since my H1B with employer B was never stamped What should I be doing

    i. If I convert to h4 visa now, should I re-enter US on H4 and then apply for COS to H1B from existing employer and start working or should I enter on H1B ?
    ii. If I convert to H4 and go for H1b stamping in India, the last paystubs that I would have will be of August, will that create problem in my H1B stamping ?
    ii. If I remain on H1B, since I would be on leave my pay stubs would show $0, in this case if I go for H1B stamping, will it be rejected ? So to avoid rejection , should I re-enter on H4 visa and then apply for COS to H1B here in US ?

    Appreciate all your help and time in advance.
  12. saurabh999

    saurabh999 New Member

    Hello Sir,
    I am working in US on L1 visa. I have a cousin who is willing to visit me and I will sponsor his B1/B2 visa based on my employment.
    My question is: Assuming he gets the visa, If he overstays here in US or does not go back after entering (which has very low probability), does it cause any repercussions for me in any way ?

  13. Vp2015

    Vp2015 New Member

    Dear Rajiv ji,

    Thank you very much for supporting the persons like me on visa.

    Currently I am working with Non profit employer on Cap Exempt H1B visa.

    This year one staffing firm applied Cap subjected H1B and picked up in lottery as well.

    So my question is if Cap H1B gets approved and starts at Oct 1 2015,will Cap Exempt H1B get cancelled automatically?

    Can I join staffing company From Jan 2016 if they won't revoke H1B petition till date? And continue working for non profit employer beyond Oct 1 keeping both H1B running so I won't have to be in lottery again for next year?


  14. Frankey

    Frankey New Member

    Respected Rajiv,

    I am an Occupational Therapist. My I 140 got approved on July 24th, 2015 under the EB2 category under Company A ( Rehabilitation Company). On Aug 1, 2015, Company A lost the contract at my building. The owners of the building gave Company B (Another Rehab Company) the contract of the building.

    Now, Company B has offered me the same job at the same location.

    My H1b 6 years will be completed on Oct/ 2017.

    Does the new company have to file for a new PERM and I 140 while capturing the priority date from the old petition?
    Since I- 140 is location specific and I am staying at the same location (different employer), is there any rule that allow me to circumvent this entire re-filing process?
    What other options I may have?

  15. rias khana

    rias khana New Member

    Thank you Rajiv Sir for providing such platform where in Genearl Masses can ask questions. Please find below my case history and request you to advise me.

    I got into US first time in April 1995 when I was 10 years old. My uncle(father's brother) sponsored my parents along with me.
    I got green card and returned to India in 1996 with my mother and did not return to US. I dont have copy of expired green card with me.
    My father maintained his green card, now he is US citizen. He filed a petition( when he was on green card) for me in sept 2006 (category-unmarried dependent child- before my 21st birthday).. Befor he could get any reply from immigration department he moved out of his current address.. After couple of years , he checked the status online that application was rejected seeking some documents, he could not provide since he did not receive the mail.

    Now i came back to US on L1B in 2015 ( married, spouse being on L2).

    Can anything be done stating the fact that I had green card 20 years back and same can be reinstated?

    Please guide if the previous petition can be reopened by me/my father to get the green card. My Father is US Citizen now.What are other options available for me to get the green card ?

    Thank you.


    Rias Khana
  16. rakeshvvv

    rakeshvvv New Member

    Hi Rajeev Sir,

    I got my H1-B renewed on August/2015 and got the extension for 3 years.I got a contracting offer in the same city and county within 10miles from my current client location(Where H1-B is renewed . )

    Do i still need to Do my H1-B amendment for the new client location. Does the H1-B amendment involves all the steps and processing time of regular H1B filing or anything different or shorter processing time.

    Also, Can we start working at the new client location while the amendment process is pending.....

    Thanks in Advance

  17. Vineet Negi

    Vineet Negi New Member

    Hello Sir,

    I came to US in Feb, 2015 on B2 visa. My I-94 was valid till 8th August, 2015.

    My husband is in F1 visa and working on OPT-Extension which is expiring on 20th November.

    Therefore, I applied for change of visa from B2 to F2 in June and the result is still pending.

    My husband's H1b got approved at the end of July, 2015 and it will start from 1st Oct, 2015. My question is –

    1. Should I apply for change of status from B1/B2 to H4 now or should I wait for the result of my previous change of status application?

    2. If I choose to apply for H4 now and in case it gets approved before 1st October, then will I be out of status from the date of approval to 1st Oct. In that case what should I do?

    3. If I choose to wait and the result of my change of status to F2 gets rejected/disapproved, then can I apply for H4 being in US only or do I have to leave the country?

    Thanks and Regards

  18. CaptainJun

    CaptainJun New Member

    Hi Rajiv,

    My question is, would my father's immigration petition to my sister be affected if she just got a New Zealand citizenship? My father who is a permanent resident here petition my sister back in 2010. My sister was a Filipino citizen then. She moved to New Zealand to get a work and finally got her New Zealand citizenship. She is still open to get a US permanent residency and hopefully her getting a NZ citizenship will not affect her application to come here.

    Looking forward for your reply in your call this coming Thursday.

    Thanks in advance and more power to your program.

    Best Regards,
  19. MYNA2007

    MYNA2007 New Member

    Thanks for taking your time to answer our question

    I am planning to travel to chennai in NOV 2015.I will be going for H4 stamping.

    PAST HISTORY -we were in H visa from 2000-2005 until we got 221g in JAN 2006 due to husband common muslim name

    MY husband re entered in F1 in 2010.I came in F2 visa in 2011 when my husband was in OPT and converted to H4 in 2012. so this will be the first H4 stamping

    we have valid I94 until JAN 2017 and i have H4 EAD

    My husband is in the process of filing amendment.

    I want to make sure is it good time to go for H4 stamping?.will there be any denial because we don't have client letter. What additional documents do i have to provide for successful stamping?

    Last edited: Aug 17, 2015
  20. EB2-NIW-DOT

    EB2-NIW-DOT New Member

    Hello Rajiv ji,
    Thank you for your time. Hope you can shed some light on EB2-NIW job change situation.

    My EB2-NIW is employer sponsored. I work for State Department of Transportation (DOT). I have an approved I-140 application under EB2-NIW (employer sponsored) with a priority date in 2011. I am from India hence awaiting the priority date to become current. I am in my 9th year on H1B.

    I am currently working as Transportation Analyst in the area of Traffic Engineering at the State DOT. My educational credentials and experience are in Traffic/Transportation Engineering, which were used for the EB2-NIW application. With the same employer (State DOT), I am having an opportunity to become a Traffic Engineering Manager but in a different city.

    1. Can I take this promotion to become a traffic engineer which is a higher level manager position? The core job duties are based on the same skill set but day to day work might not be exact. The issue worked on will have a lot of overlap.
    2. The salary increase might be up to 15% will this be an issue. I hear under NIW getting a higher pay is accepted. Is this true?
    3. The SOC code mentioned in USCIS website to determine same/similar duties will be the same 17-2051 for both positions. Is this enough to prove the same/similar or would I need a justification report prepared by an attorney based on position description?
    4. Will I need to file an addendum to my existing H1B due to promotion? Will that be due to "job location change" or "job classification change" or for both reasons.

    Please advise.
    Thank you.
    Last edited: Aug 18, 2015
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