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

[DEEPAMENON]

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.

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Conference Dial-in: :

(202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: February 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.

 

[sbsn]

FAQ: Traveling on EAD, Advance Parole, H-4

Hi Rajiv,


I have my EAD and I have my H4. Which one am I to use if I were to travel out of the country?


Can I just use H4 visa or do I have to use EAD now that it has been approved?


Will there be any problem at Port of Entry because I have both? Will the pending application for 485 make travelling risky?



Thanks,
Surab

 

[Sudeep Raj]

FAQ: Does changing jobs require restarting green card

Hello Rajiv,

I have not studied much about new rule but someone mentioned in another FB Group that --> "I am considering moving to a better place and employer agreed with my relocation too. Even though, i will be doing the same job with same employer the current rules enforce to restart the whole PERM/I140 process all over again due to location change.? --> Is this TRUE ?

Does it mean if I change project and goes to different location with the same employer then I need to restart the PERM / i140 like we file H1-B Amendment ?

Previously, I heard if we change the employer then only I need to restart filing with new PERM and i140.

Request you to please help to make this clear.

Thanks !!

 

[vss123]

Hello Rajiv-

Currently, I am on H1B with I-140 approved (Priorty Date: 1-1-2013) on EB3 category. My son is autistic(17 years now) and he is living in the US for the last 6 years on H4 visa. I am going to be his guardian this year since his IQ is still around 8 years child.

My questions is:

When my son reaches 21 years, can I still keep him on H4 visa since he is still my dependent?

Thank you

 

[vss123]

Hello Rajiv-

Our home country requires males to do military service while 18 years for a period of 2 years. However my son is autistic and his IQ is only around 8 years old. He is going to Special school.

His passport may expire in a years time. WE are worried about his timely renewal of passport since our home country does not respond in time even after providing doctor certificate etc.

What happens if his passport is not renewed before the expiry date while having a valid H4 visa?

Thank you

 

[adyady]

FAQ: Returning to H-1 after I-485 EAD

Hello RajivJi

Thank you for your great community service.

Completed 6 years on H1B in year 2007 and since then am ONLY on EAD and AP and have changed employers as well. Can I again get an H1B and if yes , would it be subject to the cap ?

Thank you

 

[Anv]

Hi Rajiv.
Thanks you for this opportunity to discuss our concerns.
I am currently working on H1b for a client in (minnesota) through my employer. I traveled here in may 2015. My original petition was filed for a different location(Illinois) and a different client.
as per the Simeio Solutions Decision, My amendment petition for location change was supposed to be filed by Jan 15 2016, however, my employer hasnt filed it yet and still its pending to be filed with USCIS. Now as the date has passed and i am a little concerned, I called the immigration team to check the implications and as per them I need to exit US and then only they will file my petition so that they can avoid the violation. Now I do not want to exit US at this stage and wanted to check is there any solution or a way I can be in the US and still file my petition legally. P.S. my visa is valid till next year.
Since my original petition for the visa was for a different location, Can I travel to that location and then my employer can file the petition and on acknowledgement received date (in 5 days) travel back to my current location? but since that location was for a different client is it possible?
Request if you could help me figure out the best possible solution and alternative to my case.

Thanks a lot!

 

[Nadh Jilakara]

1-485, Application to Register Permanent Residence or Adjust Status, to U.S. Citizenship and Immigration Services (USCIS) got denied for my parents on 04/24/2014.

1-485 based on being the beneficiary of a 1-130 Petition for Alien Relative filed by your United States citizen son. USCIS approved the 1-130 on November 12, 2013. USCIS received my parents Form 1-485 on December 31, 2012. My parents were issued an advance authorization for parole (Form I-131) on April 10, 2013. My parents departed the United States on June 5, 2013. My parents advance authorization for parole expired on April 9, 2014. They have not returned to the United States to date. As a result, their Form 1-485 is considered and abandoned and denied because they were outside of the United States without a valid advance parole document.

Their original B1/B2 visa was a 10 years visa which expires on 10/23/2018.

Is this still a valid visa? Or was it automatically cancelled since they filed I-485 and got denied. Now my parents want to visit USA. Can they file again for a B1/B2 visa? What are the options?

Thanks

Nadh (Virginia)

 

[Hema]

FAQ: Birth certificates and affidavits of birth, non-availability certificate, secondary evidence

Hi Rajiv,
My sister has filed GC application for my father who is currently in India. As part of evidence for date of birth, he has an affidavit for my father's cousin (elder to him) and a school leaving certificafe (the latter is in Malayalam). he does not have a birth certificate and we are having trouble getting his NABC.

Do you foresee any issues during his interview in the absnce of a birth certificate or an NABC. The travel.state.gov website mentions that in ther absence of a birth certificate, a signed affidavit will stand as secondary evidence.

What do you rcommend?.

Thanks,
Hema

 

[Ramith]

FAQ: E-3 visa change of employers and filing green card

Hi Rajiv,

I am Australian Citizen, Born in India, I am currently in USA working on E3 visa.
Can i file GC ? if so can you please suggest me possible options.

Another question, if i change my current employer, should i file e3 visa again ? or can i apply for change of employer ? what is the best solution.

 

[ajiteshtyagi21]

Hi Rajiv,

I came to US on H1B in the year 2007. I stayed for almost 5 years and returned back in year 2012. I also started with my GreenCard process in August 2010 and my I-140 is already approved? If I plan to return back to US, can I use same H1? If I come through a different company, will it be a case of H1 transfer? Will my clock reset since I have been outside US for more than 1 year and get compete 6 years eligibility of H1 or it will be only for the remaining period based on my previous H1?

-Ajitesh

 

[Sohac430]

Hello Rajiv,

I had my I-140 approved with employer A (PD: July 2011). I moved to company B and got my I-140 approved with company B recently. (PS: when I filed for my I-140 with company B I did porting request to my previous priority date to keep the old PD).

Questions I have:

1) If I move back to employer A, (employer A did not withdrew\revoke my I-140) do I need to start the process all over again? or just wait for the PD to be current?
2) If my employer B withdraws my I-140, does that affect my original I-140 with employer A since I did a porting request while filing I -140?
3) Any other legals issues if I move back to employer A?

Please advise.

Thanks,
Soha

 

[balasri]

Hello sir,

My friend got an approved petition in 2007, which was valid till 2010
He appeared for visa interview in 2007 and got query (I think 221(g))
There is no update after that
Now if he wants to file H1B petition with another employer, will he come under H1b cap? OR he needs to file subjected to cap and lottery?

Thanks in advance for your inputs Rajiv ji

Regards,
Bala

 

[katraj]

HI Rajiv Sir,
My name is katraj. My priority date is Oct 2008 under EB2 Category and am currently on my Second EAD (EAD renewed).
Note: i changed to new employer in August 2015 and filed AC 21

1) though the current bullet-in as of today is still until August 2008, am not sure how i and wife received the queries. Is this something that i need to worry about? Does this actually because i changed my employer?
2) i received query stating that i have submit G325 A form and I693 which is medicals. When i am filling G325 A
2a) The place where i have to fill employment history. the size of the box doesn't fit my employer name and address together even if i remove spaces. what should i do?
2b) The place where we list the previous addresses until last 5 years doesn't provide spaces more than 5. I have around 9 in last 5 years. What should i do?
3) my wife received an RFE for G28 A and medicals. what are the G325 A and G28 means and why are they usually requested?

Thank you for your patience and time answering my questions.

Thanks,'
Katraj

 

[aafaq.md]

Hello Rajiv,

I recently applied I130 for my parents. While reviewing the copies, I noticed I forgot to put in the correct infor Section D: Have you ever before files a petition for this or any other alien? answer was Yes but I put in No (forgot about it). How will that impact the I130 application? I want to make the correction, how do I proceed to make the correction.

Also can I submit remaining applications (485, medical report etc) using the file number I got from initial acceptance of my application? Or should I wait for I130 approval?

Thanks,
A Mohammed

 

[rajesh13]

Hello Mr. Rajiv,

I applied Green Card for my parents on my own. Priority Date is of October 2nd 2015 (I-130). Biometrics are done, AP approved on Dec16th 2015 (I-131), and for I-485 since November 9th 2015 says "Case is Ready to be scheduled for an Interview". It's been four months. My questions below:

- How long it might take to actually schedule an interview by USCIS. Is there any date currently they are processing?
- They have plan to travel back in April, hopefully by which a decision would have been made, if not since AP is approved if they do travel what happens to green card processing?

Regards,
Rajesh

 

[Chaitanya Dimelo]

FAQ: Options after 6 years of H-1 are completed

Hello Mr. Rajiv,

Thanks for the opportunity. I am working on H-1B from October 2011. I have six months left on my current H1-B plus another year depending upon my employer renewing my H1-B. If I use up all my H1-B time, do I need to leave the country before reapplying for H1-B? Can I change my status to F-1/ H-4 and continue to stay in USA for a year prior to applying for H1-B again? Could you suggest any other options? Any input would be greatly appreciated.

Regards,
Chaitanya

 

[ppn]

FAQ: Extending B-2 visa and status for dependent parent

Hello Mr Rajiv,

I am on H1B and wife on H4 currently. My sister and brother in law are on H1B ,too. My widowed mother aged 56 is on B2 and visiting us currently. Is there a possible way to extend her stay legally in US as long as both her children are here since she is dependent on us completely and no one to take care of her back in her native place.

 

[NKGokana]

Hello Rajivji,

I have a I 140 approved with my previous employer. I recently moved to new employer and i got my H1b approved. Can i start my Labor processing immediately. Also, How can i port my Priority date? Will it be during I 140 stage, also if my employer A revokes it before that stage will i still be able to port it?

Thank you for all the help!!

 

[permaudit87]

My sister who is US citizen has filed for a family based green card for my mother. As supporting evidence for my mother's date of birth, we submitted both a birth certificate from her birth place and 2 sworn affidavits from her older siblings. We needed the affidavits since her name is missing from her birth certificate. The date of birth listed in her passport is incorrect. We used the correct date of birth listed in her birth certificate in forms I-130 and I-485 and all other supporting forms(I-693, I-864ez etc). Please note that we have so far have not received any RFE on her application in the more than 2 months since her application was filed.

My mom recently had her fingerprints taken a second time since her 1st set of fingerprints were unreadable. My understanding is that if the fingerprints are unreadable the second time around, we would need a police clearance certificate from the states she has lived in the past 5 years. We live in NJ and NJ requires a single piece of ID that includes her photo, name and correct date of birth. She does NOT have such an ID since her date of birth in her passport is incorrect. NJ will not accept a combination of documents as proof. Do you see this to be a problem ? If so, is there a way around it ? The Indian consulate here in NY refuses to fix the date of birth in her passport without a judicial order from India.

PA