Recording Available, February 21, 2019 Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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: 07, March 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.

 

[jordan3184]

FAQ: H-1B Employer deducting money from salary

Hello RajivSir,
I am facing challenges from my previous employer. Recently I changed my job from Employer A to Employer B.
My I-140 is approved from company A and its been more then 180 days.Company B has initiated H1 transfer received receipt notice
1 month ago and waiting for approval.

My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation.
Concerns:

1)Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.
2) What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
3) Can he withdraw my I-140 if I try to challenge him? what can be effect on my status if he withdraws I-140 ?
4)If i approach attorney and if we successful proving employer's fault , can we cover the attorney expense from him?

Regards
Jordan

 

[skulkarni16]

Thank you for the community service you are doing. I am on H1B working with the same company for last 8 Years (I-140 approved). My current H1B expires on Sep 5th 2019 and I am eligible for renewal in March. My wife works on H4 EAD and her EAD is up for renewal too. Her company also filed a H1B cap case for her in 2018 and has responded to a RFE in Dec 2018. We are waiting on the decision from USCIS now for the last couple of months or so.

Here are my questions:

1) At this point should we convert her H1B application into Premium processing or wait for some more time from the date RFE response was sent? If yes how many days do you recommend to wait before we convert the application in to Premium processing?

2) Should I also go ahead with filing her H4 extension and EAD extension in March or wait for her H1B to be adjudicated? If I go ahead with her H4 extension too can I withdraw it if her H1B is approved? Thanks.

 

[meetleo09]

FAQ: Getting a second job after green card approval

Hello Rajiv ,

First of all, thank you very much. I have gotten many of my questions answered by you .

Question: I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money.
1. Is it Legal to do this on Green Card without breaking any laws ?
2. If I'm doing this, would this affect my Citizenship application in future in anyway ?
3. What documentation other than the tax records I should keep in this case ?

Thank you very much again !

 

[krish176]

Rajiv Sir - Thank you very much.

My GC labor priority date is Dec 2009.
Got EAD (for myself and spouse, combo card) in 2012 and we have been renewing since then with latest renewal applications filed in Sept 2018.
This time, Mine got approved and received a "EAD combo card" valid for 2 years.
However for my wife, USCIS approved and issued EAD card for *1 year only* and issued a separate PAROLE document (I-512L) with her photo on it, and it says valid for 2 years. And the EAD card says "NOT VALID FOR REENTRY TO US".

Questions:
1. Can USCIS approve EAD for partial period instead of usual 2 years (for pending I-485 candidates) or is it a mistake by USCIS?
All prior applications for Spouse were approved for 2 years with a Combo card, this time only an exception.
2. Is PAROLE document (I-512L) same as "EAD Combo card" in regard to travel to USA (Travel out of country and come back to USA)?
3. Any issues travelling with I-512L document?
4. Can we open a case with USCIS as Spouse latest EAD application (Form I-765) is approved for 1 year only instead of usual 2 years?
5. Can we file EAD application (Form I-765) again for Spouse at this time? (Her earlier EAD combo card is valid still until Feb 27 2019).

Thank you.

 

[arjung]

Hello Rajiv Ji,

I am currently in India on a re-entry permit. Moved to India on Feb 24, 2018.
I will be filling N-470 , Application to Preserve Residence for Naturalization purposes from India.
In Part 1 of the form N-470, Information about your Eligibility
I will choose Item No. 3
3. An American firm or corporation, or a subsidiary thereof, to engage in the development of Foreign trade and commerce of the United states.


I will be attaching following docs with application.

• Copy of green card
• Copy of Travel document (re-entry permit)
• Employment letter from India subsidiary of a USA based company.

• Do I Need to attach any other documents?
• I will be mailing the application from India using a personal check from USA bank.?

Thanks,
Arjun

 

[ricknim]

FAQ: Getting H-1B extensions based on of I-140 approval of spouse

I-140 filing and addition of spouse

Hello Rajiv,

my wife's I-140 was approved and I was also on her I-140. my non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?

also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?

Thanks for all your help !
Rick

 

[Manglesh]

FAQ: CPT, OPT, Unlawful presence

Hello Rajiv Sir

As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019?

Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019?

If this is true then what are my options here?

--Should I stop CPT and leave the country or there is no need to panic and continue my CPT until there is more clarity on this issue?

Please let me know

Thanks for all your help

Manglesh

 

[prafullshukla]

FAQ: Filing employment based green card while living outside USA

Hi Rajiv sir,

I am currently located in India and working as a Technical Architect in software MNC.

I had a prior H1B valid from Feb 2008 till Dec 2014 which was sponsored by my previous company and has about 17 days left in it to complete a total of 6 years.

After this I have joined a new firm, so wish to know if my current company or a new company can file for a Green Card while I am still in India.

If yes , what is the way forward? Please suggest.

Regards,
Gaurav

 

[myprioritydate13]

Hello Rajiv sir,

I'm currently working as an FTE with Employer A.
Employer B has transferred by H1 & petition is approved from April 29th, 2019 (Monday)

Employer A says my last working day with them is April 26th, 2019 (Friday)
Will It be considered as out of status for April 27th & 28th (Saturday & Sunday)?

Appreciate your advice!

Thank You!

 

[janand]

Hello Rajiv,

I am currently on H1B working as a full time employee for a employer who is a federal contractor in the DC area. Recently due to the government shutdown our team was asked to stop working until government reopens.
During this period the employer stopped paying us saying that they themselves have not been paid by the government. So I have not received 2 bi-weekly paychecks during the period of the shutdown, so i do not have a 01/15/2019 and 02/01/2019 paycheck and i may miss the 02/15/2019 paycheck as well because of the government takes time in paying their contractors.
My questions to you are:
1. Can the employer fix this by issuing back pay for missed pay periods?
2. If the employer does not want to pay and fires me, what are my options legally so that this does not affect my current and future status?
3. Due to the pay issues, If i want to transfer my H1B to a new employer, will my missed paychecks be a problem? And how to fix it?

Greatly appreciate the advice!
Thank you!

 

[deekshithv]

Hello Rajiv Sir -

I am currently on an approved cap-exempt H1B visa working full-time. My question is:

If a cap-subject employer files an H-1B on behalf of me, will this be counted towards the 85,000 visa lottery ?

1. If it's counted and my visa is approved, what is the earliest date I can start working for the new employer ? Will it be October 1 or can it be before that since I have a cap-exempt visa approved until end of 2021.
2. If it's not counted towards the 85,000 quota, is the start date flexible ?

Thanks so much in advance for your counsel.

 

[Ruchika2912]

Hi Rajeev Sir,

Greetings.

Im planning to go to India from March 5-18. My transfer was applied on Dec 7 and is in process. Can I travel on my previously stamped visa (valid until 2021) with my current receipt and last approved I797?
If yes; what do I say when asked the name of my employer?

Regards,
Ruchika

 

[Krishna3.ck]

Hi Rajiv,

I am looking at my old H1B I-797 Approved petitions.

1) First I-797 Valid from 12/31/2014 to 12/30/2015.

2) Next I-797 valid from 01/01/2016 to 07/01/2018.

12/31/2015 is missed from above approved petitions. Will it be a problem for me?.

Regards,
Krishna.

 

[monica1]

I got 214(b) denials for both my F1 and F2 visa attempts recently. My husband is in the US on F1 Visa working on CPT. He is doing second masters degree. His initial visa stamping is expired but has valid status (form I20) from current university till Dec 2019. I want to go join him as soon as possible. Please guide me as how to overcome 214 b denials and get F2 Visa stamped from India.