Recording Available, August 30, 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: September 13, 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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shd

New Member
#2
Dear Rajiv,

I am applying for Naturalization, I would like to clarify the below questions, please help in this regards.

My Self:

Employer A

2006 – H1B – Joined as a Programmer Analyst
2007 – EB2 Labor applied with USCIS occupation title “Engineering Managers” category and future employment job title mentioned by employer as “Project Manager”
2008 – I140 applied with USCIS occupation title “Engineering Managers”
2012 - EAD received

Jul/2013 – 485 RFE - requested to submit all the supporting documents again. Submitted with the new future employment offer letter as “Project Engineer” with the same role as USCIS “Engineering Manager” category.

Sep/2013 – GC received
Stayed with the same employer for 2yrs

Employer B
2015 – Joined the new Employer B as Senior Developer not a manager role, because of good package.

Questions:
1) In Naturalization which title should I mention for Employer A? Labor USCIS occupation title “Engineering Managers” or labor future employment offer letter title “Project manager” or I485 RFE submission offer letter title “Project Engineer”?

2) I am requesting my ex employer “A” to issue an experience letter for any verification in naturalization, What title my ex employer “A” should mention in the letter ?

3) After 2yrs of time with the sponsored employer, I have changed my job from Manager to Senior Developer. Is it a problem in my naturalization process or interview ?

My Wife:

Same Employer A

2007 – H1B – Joined as a Programmer Analyst
2009 – EB3 Labor applied
2010 – I140 applied
Jull/2011 – I140 denied
Nov/2011 – Changed to H4
2012 – Dependent EAD received

Employer B
After receiving EAD, she started working again with different employer.
Sep/2013 – Dependent GC received .

Questions:
1. I140 denied, is it a problem in Naturalization ?
 
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#3
FAQ: H-4 EAD based upon prior employers
I am currently working with employer A on H1B visa with I140 approved for over 180 days. My wife is on F1 EAD. I am planning to move her visa status from F1 to H4 EAD AFTER I join Employer B next month based on my approved I140 from my employer A.

My questions are:
1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently?
2. In other words, will changing my employer impact my wife's eligibility to get H4 EAD based on my approved I140 from previous employer?
3. Can I change multiple employer based on I140 approved from employer A? If yes, what if employer B has already started green card process (PERM)?
4. If I get I140 approved from employer B also then what will happen to I140 approved with employer A?



Thanks
 
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#4
Dear Rajiv,

This is a follow up questions to your suggestions regarding citizenship in the earlier conference call.

You have suggested to apply the citizenship for the derived person first (in my case it is wife) and then the primary (husband) person.

1) Can you please explain what is reason for doing this?

2) After wife getting the citizenship, in case husband’s citizenship denies then what are the options available for husband? visa versa.

3) In case if we apply together, if wife or husband’s Citizenship denied, what are the options available for both of them?

Thank you.

Regards,
Raghu
 

ggun

New Member
#5
FAQ: Can I join my old employer if the H-1B transfer is denied? Filing green card through future employer
I have an H1b visa stamped from employer A and the employer B has filed my H1b (Transfer visa) based on the h1b petition visa from employer A. Now, my H1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions:

  1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H1b from employer B is approved?
  2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H1b from employer B is denied?
  3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?
  4. Can I ask employer A to file my Green Card even if my H1b from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
  5. Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
 
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#6
FAQ: Green card based upon investment – EB-5
Rajiv Ji

Pranam!

I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Now my question is as below :

1. How can I assure that the construction company will return me my whole principal amount (500,000/-) exactly after 5 years?
2. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure
3. My son will be eligible to finish his graduation with same status? if project will not be completed on time.....
 
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#7
FAQ: Effect on green card and naturalization of using public or government benefits
Dear Sir,

I & my wife are completing 5 years now on US Green Card, but are apprehensive to go ahead and file for our US Citizenship under the current circumstances. We also read that PR's who are using state or federal benefits are more susceptible to denials. I am making close to 200K salary and not dependent on any govt sponsored benefits or funds. But our kid has been diagnosed for Autism and he is receiving services from Department of Developmental Disabilities (DDD). The State alone is not paying for his services but we are primarily being billed on our private medical insurance for his therapy sessions every week. The school he is attending may be getting some funds for his additional care at school, considering his medical condition. Our questions are:
  1. Since we have been using DDD services for genuine medical reasons and I am in the higher salary bracket, would this be an issue for us in getting our Citizenship?
  2. Are the denials only for low income groups who are getting benefits from the government?
  3. Should we wait for some more time to apply for Citizenship?
We want to be extremely cautious as we read that it would result in immediate deportation for any denials, even without a chance for court appeal. Please advise us what is the best way to proceed with our citizenship filing.
 
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#8
Respected Sir, I am a greencard holder and my fiancé is working on a H1B visa which is expiring in December 2018(he got only 1 year of h1b last year). We recently realized that, as a greencard holder, i am not able to file his i130 and i485 concurrently (only US citizens have that option). I can file his i485 when the “date of filing” in monthly visa bulletin reaches our i130 filing date. I also realize that if he wants to stay in the country in the interim (between i130 and i485), he needs to maintain his own visa status till his i485 can be filed. My question is:
1) He is planning to apply for his H1b extention. What are his options to stay in the country if his extention is denied?
2) Are there other ways for me to keep him in the country while we are waiting to file his i485?
 
#9
Hi Rajiv,

I am on H1B with employer A and got an offer from employer B. Employer B filed the change of employer petition in CONSULAR processing and it is approved. I have a valid visa stamping till Sept 10th, 2018 from Employer A.

Now here is my question:

1. Instead of going for a visa stamping at consulate, can I just travel outside USA (may be to Canada or Mexico) and re-enter the very NEXT day to get the new I-94 at port-of-entry based of Employer B's I-797B and start working for B?

2. If the above case is possible, how shall I approach the officer at port of entry to issue me the new I-94 based on B's petition? Any specific request I need to make or just show the B's I797B notice?

Thanks!
 
#10
Hi Rajiv Sir,

Thank you for your time in clearing immigration queries/concerns.

Can you please help me with my questions.

I am working for major MNC for past 9 years and in 2015 H1B lottery, my H1B petition got picked up but due to various reasons, I could not travel to the US from the project (Location: Wilmington, DE) where my H1B filed and picked.

In 2017, I joined the Project B (Location: Racine - WI) and travelled to the US upon amendment receipt and after I landed in the US also filed for an extension from Project B (Location: Racine - WI) and have received RFE for amendment case which I have submitted the required documentation and no result on Extention request, also amendment as I am waiting for it.

Now, I am moving to Project A (Location: Wilmington, DE) so, in this case, do I need to file for an amendment and also extention? if so, do I need to cancel existing amendment and extension cases?

Please suggest!!

Regards,
Suresh
 
#11
Hello Sir!! I am in critical situation .

Got H1b visa -> Till March 2019
went to india 2016 were at port of entry my passport were 9 month to expire so CBP officer shorted my stay till my passport expiry till August 2017.
Yesterday I came to know that it work based on passport expiry not on I-797A so I am out of status since then . What are available options for reinstate my status ??
 
#12
Hello Rajiv:

I have applied for H1B visa and got an RFE. Presently, I'm on F1 CPT status.
If my H1B gets denied, what other options I have to continue working? In some cases, the H1B visa may get approved but change of status may be denied. What do I do in this case? Can I
continue working on F1 cpt or it would be better to apply for J1 visa or any
other type of visa.

Thanks,

Rajesh.
 
#13
Hi Rajiv,

I am a Canadian citizen living in US on E2 spouse Visa.

I applied for EAD card/ I-765 on January 18, 2018 which is being processed at California Service Centre. On May 22, 2018 I submitted additional documents based on RFE (request for additional evidence). I also filed a case inquiry on August 3, 2018 based on the fact that my case is ‘outside the normal processing time’ only to receive a response from USCIS that they have adjudicated my case and are actively working on my file and I shall receive a notice of action within 45 days. I even went to the local USCIS office only to be told to wait. It’s been 7+ months since I filed my application.

a. Is there anything I can do besides waiting to get my EAD card?
b. Can an immigration lawyer help in any way in this process? Is there any legal process to request for expediting the case or further inquiry into the case?
c. Should I explore the “Ombudsman case assistance” service provided by USCIS?

Thanks,
Vani
 
#14
FAQ: Porting priority date from EB-2 to EB-1
Hi Rajiv ,

My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2)
He is now elligible for EB1 under Employer B ( He is currently on L1 A )
- Can his priority date from EB2 be ported to EB1 ?
- Can i-140 and i-485 be concurrently filed without PD Porting ?
- Can the priority date porting be requested after i-485 is filed or does it need to happen at the time of filing i-140 ?
- What is the estimated processing time for i-140 these days for EB1C and EB1B?
Thanks
 
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#15
Hi Rajiv Sir,

Thank you for your help to immigrant communities.

I have to renew my 10 year GC. I need my permanent address in US( required field in GC renewal form) which I mentioned when I first entered US as CP on immigrant visa approximately 10 years before. I remember I had two different address (in two different nearby state NY and NJ) in my mind, and I went to NJ but don’t remember if I mentioned NY or NJ at the Port of entry consular officer.

I requested A/Immigration file from USCIS( FOIA), Because I thought I might get that address somewhere in my records. But my I 89 form which is used internally by uscis is all empty and only my fingerprint and date/sign is there. DS 230 and 260 form in place of US permanent address it says “ to be determined” with mailing address of my then lawyer.

Can I call uscis to get my permanent address in US at the time I was first time admitted as GC holder. If yes then which number to call? Or which service center shall I google for to get customer service number? Because mine was consular processing.

Do USCIS customer service have this information readily available or I need to request to talk to some higher level officer?

Is there any way I can write and ask this question to USCIS or any other government agency ? If yes which service center/government agency address I should google for?


If I write my address as NJ and make a mistake( because it’s NY in uscis records) in I 90 form will USCIS ( probably) deny my application ? Or send me NTA? Or send me RFE. How serious is this mistake if rest all I 90 form is correctly filled with only this “ address in US when I entered for the first time ” mistake?

Once again thank you!
 
#16
Hello Rajiv Ji,

Can a student on GC study out side the US (ex: 4 Yr. Bachelor degree) with out jeopardize the GC and still eligible to USC

-Thanks,
NewAndhra
 
#17
Can a student with F1 Visa working here in US, get their family in a Visitor Visa (B2) and then change their status to F2 after they are here in US? This is because they had their F2 VISA rejected back in India very recently.

Thanks
 
#18
Hi Rajiv Good Day,

I am about to marry a LPR of US. I know that, I have to go through the F2A process after marriage.

some one suggested me to get B1/B2 before marriage and can apply for AOS later, unfortunately visitor visa got rejected under 214(b).

Now my inlaw is suggesting to apply for MS which helps me to grow my
technical stack trace and will be add on to get jobs in US after
marriage.

I already have 8 years if IT experience, will doing doing MS be beneficially in terms of getting jobs and good Salary?

what are the other risk involved in this.

Thanks
Lucky
 
#19
How do I transfer J1 to F1? I am currently doing phd on J1 - expires by Dec18 and plan to get F1 to continue my PhD. The I-20 carries start dt Oct18 and Initial attendance. Do I have to request for a change of information in my I-20 or is this fine?
 
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I485_help

Registered Users (C)
#20
Hello,

In July of 2017, I had applied for my daughter's I90 because of the error in her name on GC (error was on behalf of uscis). We received the replacement card today with the same error on it. It has an extra initial typed on the card after her middle name .
Her birth certificate and her passport doesn't have this extra initial on it.
This is how it looks on the card: 'Last name, First name, Middle Name, Extra Initial'.

I dread to go thru the process of applying her I90 again because it took more than a year this time and there is no guarantee that they will fix the error next time. Will this extra initial on her card cause an issue while getting the citizenship as the name doesn't match on her birth certificate?
 
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