Recording Available, December 13, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
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#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: 10, January 2019
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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
Hi Rajiv - I am looking for advice and guidance in marrying a Canadian and bring her to USA. Here is the plan/scenario:

I am in Texas and she is in Canada. We are not yet engaged but soon (before we get engaged, I want to have a plan on how this process works so we can navigate appropriately and see if we can can head-start to prevent delay). I am a US Citizen and she is a Canadian citizen. The ultimate goal is to bring her to USA and live her with me. I need assistance on what I need to do and what she needs to do (the correct paperwork we each each need to do and what order). I have done much research on many websites (including USCIS) but it is a bit confusing and other forums and websites keep saying different things. This is why I am reaching out to this forum.

1. What forms do I need to fill out? I am in USA.
2. What forms does she need to fill out? She is in Canada.
3. Where do we need to get marriage certificate? In USA or Canada? And (if in USA) can she fly down and we can go to County clerk any day to get it? Or does some paperwork need to be filled out to obtain certificate/license? Is there any restrictions?
4. Is there a way to get head start on all this paperwork and process? Goal is to be married by January 2020 and have her living here in Texas by then.
5. Also, what is difference in Marriage License and Marriage Certificate? Which one do we get and when?

I just want to prevent delays and see if we can get a head start on this stuff if possible. Thank you!!!

-Chuck
 
#3
Dear Mr. Khanna,

I am a new US Citizen and have a fiancee in India. She is a widow with kids and already has a tourist visa and plans to visit USA for 15 days during christmas holidays with her kids next month. We plan to meet and finalize the things at that time. My question is, if we choose to move forward with the decision of getting married and her eventual move to USA, what is the best route going forward (in terms of speed and safe process), once she leaves USA.

Should we marry in USA during her visit and apply for K3 visa? Or should I wait for her to leave the USA and then apply for K1 visa. We do want to bend any rules, just want to understand the safe and reliable process of doing this right.
 
#4
Hi Mr. Rajiv - I am looking for advice and guidance and suggestion with NIW with my profile.

Here is my story:

I am an Indian citizen here in US on J1 visa currently and my spouse is here on a J2 visa. I was previously on F1 , I have got my Ph.D. degree in Chemistry from Ohio, USA. (2011-2016). I also worked as Post doctorate researcher (with my F1-OPT) for one year (2016-2017) at Cleveland Clinic, Ohio USA.
I received a prestigious offer to work at US army and material research command, Walter Reed Army Institute of research through National Academy of Sciences sponsored fellowship; this is a highly competitive international wide fellowship. The only downside of this offer was to switch to J1 visa. The offer was too good to turn down; I made up my mind to travel to India with my wife (who was on F2 visa) and got J1 visa and traveled back to USA and took this position in Maryland (DC area). I work (Sept 2017-Present) on Department of Defense funded project which are the goal of US congress. My work place is an US army base with my work involving a team of scientist who are both civilians and US Army personnel. I am a lead researcher working on several key projects which are directly linked to help US Army troops in the field of Traumatic Brain Injury. I am a trained Biochemist with hardcore training in advanced bioanalytical instrumentation including HPLC and Mass spectrometers. I am trained to operate and research to produce data which very few are capable to perform.

My wife got a EAD (J2-EAD) and currently working as an HR manager in a health care firm in DC area. She had got her Bachelors degree in Computer science from India. She is working here in DC since past one year.


My goal is to apply for a NIW through EB2:
1. To stay a head in this process I have already obtained NORI certificates from my home department (Hyderabad, India) and from MHRD (Delhi, India).
2. Now, I am holding on to the second step to obtain J1 waiver from USCIS and then get my NIW process done. (This is to make my profile strong before I file for NIW)
3. Though I work for US army, I don't think they are open to sponsor me a NIW . This is because its a government organization and there policy for hiring is rather very different. Therefore I am in a need to file a petition myself for this process.

My question to you for which I am seeking advise is:
What are my chances of filing for NIW and can you assess my profile and advise me on this? I can formally work with you once you think I have a good chance with my profile. Do you suggest me any other alternative?

My google scholar summary is as below:
Citations: 26
H index: 4
i10 Index:1

I hope you can offer me best possible advise.
Looking forward for your answer.

Thanks,
Best Regards,

Dr. Bharani Thangavelu
 
#5
Hello Sir,

Thank You, Sir for your help. Appreciate you helping the community.

My wife has h4 ead with the validity till July 2019 based on my previous H1b which was expiring in July 2019. I got H1b transfered to employer B with expiration date 31st December 2018 for h1 and H4. My wife is working on H4 EAD. We have already filed for extension for H1b & H4. My question is "Will my wife be able to work after december 2018?" As I understand I am not out of status as H1b & H4 extension is filed before the expiration of current H1b.

I am planning to move to canada as the green card wait time is more. If I become Canadian Citizen, will I be able to apply for H1b from canada based on my aprroved I140 (EB2 India)? If I get an H1b, and my employer starts new green card process, Will it fall under Rest Of the World? (having Canadian Citizenship)

Thank You!
 
#6
Hello Mr. Rajiv,

Thanks a lot for your continuous great help to all of us.

My Background:
Working on EVC model. In H-1B Visa since last 4 years, 1st H-1B stamping did in Mumbai, with same employer (Consultancy Company) and changed multiple clients (in EVC) in past 4 years with multiple H1B amendments and extensions. I-140 Approved.

Planning to go for 2nd Stamping in Mumbai to visit Home.

Few days back, while driving in San Diego, thought to visit border side area and stuck in Tijuana (Mexico) entry point (in car) and didn't get anyway to make an exit to return back in USA, so over there, few folks (Including Mexico Port of entry folks) suggested to make a U-Turn via Tijuana and that way I made an entry in Mexico. No one asked anything or checked anything while entering in Tijuana. Immediately made U-turn and it was a huge line of Port of Entry of USA (San Diego). Unfortunately, we didn't have Passport & Visa (i-797) documents with us. Only had California License. Moreover my Visa (stamp) was already expired a year ago. But since i-94 is valid, US CBP officer allowed us to Re-Enter in USA with signing a Form I-193 (Application for Waiver of Passport and/or Visa) and paid $585 fees. That Application was Approved and Waver Granted Under Section 211(b) (this i came to know after reading the full form i-193).
Don't know whether it was a AVR (automatic visa revalidation) rule or any other rule which allowed us to Re-Enter in USA.
I have verified online, my original I-94 number was not changed. However Travel history updated with an Entry of USA.

I was filling DS-160 and in Country visited in last 5 years Question- I have added Mexico :(

My Question:
Does this above situation make any issue in my next (2nd) H1B Stamping in Mumbai? What should I answer in case they ask anything about this
visit. Since my passport doesn't have any stamp of Mexico visit. Is it safe to go to Mumbai for 2nd H1B stamping ?
I have ready multiple places that usually when i-193 issues, it's for temporary stays in US. Do I need to worry anything about this since my i94 was not changed !!

Not sure if anyone ever been in such situation and went for stamping after that.

Your expert advice would be really appreciated !!

Thanks
Venkat
 
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#7
Hello Mr. Rajiv,

Thank you so much for all you are doing.

My background:
I came to US on F-1 Visa and after finishing my degree, my OPT was denied because of misinformation by my DSO and oversight on my end on application.

After a month of OPT denial, I filed for asylum based on past history of persecution in my country. Currently, I am working with EAD issued based pending asylum application while awaiting the USCIS affirmative asylum interview.

So, I was technically unlawfully present for 30 days between OPT denial and asylum application. But I don't have a lawful status right now.

The company I currently work with has completed PERM process and has an approved I-140 for me with current priority date.



My Question:
Do you think I could be eligible for Adjustment of status(AoS) based on INA 245(k) or any other exemption based on the above background?
 
#8
Hi,

My H1B extension applied on Apr 26th 2018 with California Service Center.

Oct 30th: Petition transferred to Nebraska Service center.

RFE received on Nov 16th 2018.

My employer is working on RFE. 240 days will be completed by Feb 20th after which I can not work.

Question 1: Can my Employer upgrade to premium while responding to RFE?.

Question 2: I should Leave the country after Feb 20th if there is no response on my Petition?.

Question 3: If I leave the country, what happens to my Extension?.

Regards.
 
#9
Unfortunately I do not see a way to post new question for next conf. So I am putting it up in Reply"

Hi I have couple of question related with H4 EAD and starting a business.

Rajeev je, First thanks alot for this free service.
My question is:
My wife who is on H4EAD wants to start a business, what kind of company should I open C corp or LLC? Are you the right person to get professional help to register a company?
What will happen if H4EAD is revoked in future which is most likely at the moment.

Regards
Irfan
 
#10
Hi Rajiv,

You have been doing amazing job by helping others for immigration related questions.
I have reviewed few of the FAQ in your blog as it is not related to my situation and I may be missed to read.I have posted my questions here.

I am on H1B visa and have I-140 approved(EB-2) with priority date April-2016.
Currently, I am working as a DBA and planning move to BI domain.If I switch to new employer with new job title and new job description,Do they need to process new PERM and I140? Will it affect my existing I140 and next H1B extension?
My next extension is due on sep-2018.If I transfer to new employer, will they be able to use my existing employer's I140 to file the next extension?

My current company A is acquired by another company B.
And my I140 was sponsored by company A,can company B take it over as successor in interest or will it go invalid by processing new PERM?
Company B is thinking possible options to take over the I-140.If i switch company now,Will company A approved I-140 is eligible to get extentions for future job as they were acquired by company B without processing I-140 amendment.
 
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#11
I got a green card through my husband on April 2010. I was working in my home country till August 2016. I was traveling back and forth once a year to sustain my status but finally moved to US (permanently) on December 2016. I became eligible on April 2018 and applied for naturalization right away (submission of N400).

I recently found out that my husband had filed taxes jointly showing me as his dependent and my income was shown as zero during those years when I was working in my home country because he assumed I was paying taxes in another country already.

Please tell me what would be the consequences of this in my naturalization process and if there is any, how can I rectify this unintentional mistake and avoid denial of citizenship?

Thank you.
 
#12
Hello Rajivji;

I am in USA since August 2001 . We came on Student Visa ( F1 & F4) . I did 2 Master , one in Finance & other Insurance .
I got a sponsorship in May 2006 and working with same employer for last 12 years. My Priority Date is November 2010 under EB -2 Category. My GC is yet to come.
I got 4 extentions for H1 B without any query.
The Fifth Extention was filed and I got a REF in respect of Specialty Occupation requesting me to furnish additional evidence in respect of my duties , education etc. Deadline for reply is Feb 2019.

I need your help in replying REF.

Is it common now a days to get REF for all petitions ? Is it routine ?

Regs

Jd
 
#13
Hi Rajiv,

My Name is Santosh and I came to US in Jan 2008 on F1 status. Earned a master's degree in 2009 from a university in VA.

Got my H1B approved under Master's Quota in Dec 2011 with Company A. Transferred to Company B in the month and year April 2012. Since then I was getting my extensions successfully. I got my I140 approved in the year 2015.

I applied for H1B extension recently and got approved in Feb 2018 till Sep 2020. Then moved a different client and applied for Amendment and got approved till Feb 2019. Now I've applied for Extension now through premium processing and received a NOID saying that my college is a for profit organization and asked me to provide evidence that my university has a public or non-profit status.

What are my options here to stay in US.

Kindly provide your valuable feedback on this.

Thanks.
 
#14
Coming back to USA after project finished
Hello sir,
I'm on H1B(Valid thru March 2020 and stamped on my passport). My Employer is a US based consulting firm. I'm working as a contractor at my client location. I am currently in India(visiting for 1.5 month). I found out that my client has terminated my contract and gave a 2 week notice(Last day is Dec 14th) . But i'll be returning to US on Jan 1st 2019.
Do you think this will become a problem at the port of entry? Please advise what can be done in this situation.

Thanks
--Swamy
 
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#15
Hi,

I 'm on a H1B with the same employer in the U.S for the past 10 years. My employer filed my GC in EB3 initially and got a EB3 I140 approval. After a couple of years the same employer filed for a EB3 to EB2 porting of priority dates and I got a EB2 I140 approval.

I have the following question:

1. Can I file my I485 based on the EB3 I140 approval if EB3 dates move ahead of EB2 as it's happening currently since I have both I140 approvals and my employer is willing to provide "Supplement J" for either of the petitions (i.e. EB2 as well as EB3)?

2. Do I need anything specific from my employer apart from the Supplement J and the approval notices to file my I 485

Thanks
-Hasmukh
 
#16
Hi Sir

I am filling DS-160 for my H1B stamping in India.

I have checked my LCA and Employer filled it with Client Address only.
In my current LCA -
Place of Employment 1: Client Address
There is NO Place of Employment 2 in my LCA. (before two years, in OLD LCA, they used to be an Employer's Address in this section)

In DS-160, there is a Question: where do you intend to work?
I am not sure, which address it should be !! My End Client Address or My Employer Address?
Asked multiple folks, few of them have added Employer's Address and few have added Client's Address over there.

Can you please help me what should be the answers on below two questions?

In DS-160:
Name of Person/Company who Filed Petition: I have added my Employer Company Name here
Where Do You Intend to Work?
Name of Employer: Client Name or Employer Name??
Address: Client Address or Employer Address ??

- Regards
Arun
 
#17
Hi Rajeev,

I have been pursuing my Master's on L2 visa and have done 2 semisters. I travelled to India for F1 visa and my bad, recieved 214(B).

As my husband status has changed to H1 in Oct'18 and attended for H4 visa a week back and its approved.

But I would like to be on F1 visa to claim the benifits. Could you help me to understand the risks

1. If I go for F1 visa stamping again in the Dec end or Jan

2. Suppose if I recieve 214(B) again, does it impact my future Visa stamping?

3. Do they cancel my H4 visa too if my F1 gets rejected

Thank you.

Regards,
Aruna
 

adapa

Registered Users (C)
#18
Hello Mr. Khanna,

I have had my employment based (EB2) GC interview Dec 7, 2018 in Newark field office. Interview went on for about an hour. The officer asked about my previous companies I worked for and geographical locations, and she noted and printed my answers and took my signature along with a witness (someone from USCIS office signed), and handed over interview result letter with below option selected.

"Your case is being held for review. At this time, USCIS does not require any further information or documents
from you. Should further information or documents be required, you will receive a notice in the mail. We may
also schedule you for another interview, you will receive a notice in the mail. Otherwise, a final decision will be
mailed once your case is complete."

One other thing is, most of the interview was focused on my company (which was blacklisted and closed) and experience on that company's payroll (between 2006 to 2010). I do have most of the paystubs but not all. And I didn't get paid for 4-5 months when I was on bench. In my I485 application, my attorney did not list this experience (from 2006 to 2010) and the company. When I asked them, they said only 7 years of experience in USA is needed so we could skip. But the visa officer questioned why it was not listed and insisted on that. And under the section where it asks experience out of US, the application had a listing of my experience (till 2006) from India and essentially skipped the experience of my first experience in USA of 4 years (from 2006 till 2010). As that company is blacklisted and closed, I am just wondering on the prospects of my case getting approved and also how long would it take? Any feedback and advice is very much appreciated.

Thanks and regards,
Sri
 
#19
Hello Mr. Rajeev. I am a Green Card holder. I am in the verge of getting married to an Indian national. Apparently She has planned to visit the US and also have planned to apply visitor visa. Our intent is how soon She can get to to US, legally w/o any legal complications.
1) Can She just go ahead and get the US Visitor visa and we can get married here in the US? What documents should we have to get the marriage registered in the US. I would think She can then stay here in the US legally, until She leaves the US or She gets the I-130 approved?In this case should we process I-130 or can I file I-485?
2) I travel back to India and get married and apply for I-130. I do understand this process takes anywhere more than 5 months down the line. I am afraid this process might take longer (may be 12 months) and that might delay Her coming here to the US.
3) What other options do we have to get this done quick and legal?
 
#20
Hello Rajeev,
Q1 :

My H1 was denied in March 2018. My last stamped VISA was up until July 2017 and after that I was working while extension was in progress..
My question is what is my total H1 term
1) Till March 2018
2) Till July 2017

I want to know by you answering above how much time I have left in my current 6 yr H1 B VISA Term.
 
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