Recording Available, February 23, 2017 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: March 09, 2017
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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.

 

[NKGokana]

FAQ: The new regulations, withdrawal of I-140, H-1 extensions

Hello Rajiv Ji,

I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H1 end of the year. Will i still be eligible for 3 years of H1 extension with my approved I-140 from employer A?

 

[CVadde]

FAQ: Will H-4 EAD Rule be revoked?

Hello Rajiv Ji,

1) Is it ture H4 EAD rule will be revoked by government? Is it right time to change from to H4 EAD?
2) My H-1B visa is going to expire in 14-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).

• a) If my PERM is not approved before my current H-1B visa expires. Can I change to H4 EAD at that time?
• b) If my PERM approved after chnage to H4 EAD, Can I chnage back to H1B?
• c) Is it possible to convert from H1 to H4 EAD without taking a break in employment?
• d) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension?

3) I would like to move to H4 EAD but i would like to come back to H1B anytime in future , in that situation what is the best status for H1B .
4) If i apply for new H1B is it comes under H1 quota (After 6 years completes.)?

Please please suggest me correct step for me to move on ....

Thank you
Chaitanya

 

[Aayitrun]

FAQ: Can pending immigration applications be affected by changes in the law?

Hello Rajiv,

If new legislation proposed by Cotton and Purdue passes to remove the IR5 category (parents of USC), what happens to change of status (i130+i485) petitions in progress?

 

[Nirav Bhatt]

FAQ: Entering the USA on B-1/B-2 visa to get married

Hello Rajiv Ji

I have question about my brother in law

My brother in law have got Green Card on November 2013 from Parents based. He will be getting engaged this year April 2017 in USA with girl who is Indian Citizen. She has B1/B2 visitor visa. So I have couple questions

1) If she will come to USA and get marriage here in USA and my brother in law will fill petitioned for F2A category (on Green Card based) then will she face any issues in future while coming to USA on B1/B2 visa? such as revoke B1/B2 or deportation etc.

2) Can we filled F1 visa for her after entering in USA on B1/B2 visa? ( she has done MBA from UK) so she can stay with her husband in USA. is that possible?

3) after changing status to F1 visa within USA(from B1/B2) then does it any affect on petition file under F2A category?

4) Is there a possibility for visitors visa extension to extend the stay in USA ?


4) Please explain us better option for her.

Thank You very much Sir for all your help and support in immigration.

 

[Mira99]

I-140 is approved in 2014 and H1-B is valid till Jan 2019.

I am planning to change my job and new employer need to start new green card.

Question 1:

History:

Client started my H1-B transfer. They posted job position as software engineer in LCA and in offer letter they gave me designations Senior Project Manager and internal job designation is Senior Software Engineer because it is small organization and they don't want to upset old employees.

When I saw LCA position as Software Engineer and I told them about gap in designation, so client HR said that they sent amendment in H1-B transfer and changed designation from Software Engineer to Senior Project Manager.

Will this create any issue ? How I can validate that they really changed anything or simply saying that they have file amendment?

Question 2:

How I can change my green card fast till I-140? What all process can be start together to speed up process ? Prevailing wages? Advertisement ? PERM ?

In advertisement do they need to declare salary ?

Question 3:

My new employer HR told me, if they file parallel Prevailing wages and Advertisement , and in advertisement they will mention salary 120K and mean time if trump change H1-B minimum salary changed to 130K on H1-B , then Advertisement will be not useful.

In green card advertisement do they need to declare salary ?

Thanks,
Raj

 

[shahgc99]

Hi Mr. Khanna,

I have an EB-3 based immigrant visa (green card) application that is under consulate processing. My priority date is April 2004, labor certification was done in May 2007 under the occupation of Computer/Software Engineer and received I-140 approval in April 2009.

I left USA in June 2006 for Canada and recently received packet-3 from the US consulate in Montreal to provide a recent job offer letter. However, my petitioner employer dissolved his company a few years ago.

Because of this situation, I have to find a new employer and start the process again with a new labor certification and I-140. My original application included my son, who is now over 21 years of age. With the new employer, would my son still be a part of the application and ultimately benefit with a green card?

Thanks for your help!

 

[Ritu794]

Hello Rajiv ,

What are the consequences of having a misdemeanor trespassing conviction 6 yrs back , with trump executive order [public safety interior US] . Does it make a removable alien?

What should one be excepted under these circumstances, please advise.

 

[tagaram]

Hi Mr. Rajiv

I am currently employed in UK .My employer is looking to transfer next year on L1A. I am fully eligible for L1 as a multinational executive.
However I have been travelling to USA on Business every 2 months on ESTA to meet clients, proposals, hiring etc . This will continue till then end of the year due to some critical projects in EMEA region before the transfer begins.
Question is : Is my overseas business travel to USA/India on business are considered as 1 year overseas experience or do I have to be physically present in UK for 1 year with our any business travel

 

[Nirav Bhatt]

HI Rajiv Ji
My father had filled petition for my uncle after having citizenship (I-130) on below date

The PD is September 9, 2002

Year 2006 I moved to Jamesville NY. So far I had not received any additional communication from INS Vermont Office expect I had received letter confirming they have received submitted I-130 applications

Year 2010 Filled I-130 PD is closer and still i had not received any additional communication from INS Vermont Services. I called them and wrote letter to find out status and requested updated my address

Year 2011 INS Vermont Office informed that my application for my brother was closed and for this application I should contact Nebraska service center for this closed application.
So i had contact them about this application and asked them to reopen the case

March 2011 NSC office provided response they reiterated that the file was closed (due to not receiving response back in 2009/2010). In addition NSC office recommended contacting Vermont INS office for further assistance

i am looking for help/options to get my brother's file reopen or submitted new file with option to keep priority date same as original date?

Please let me know if you need more documentation to understand this case

 

[Nirav Bhatt]

Hi Rajiv ji

I have question on my I-140 NOIR on education based

Education
B.E in Chemical Engineering from INDIA
MS In Environmental Technology (Engineering subjects) from NY, USA
MS in Information system (not finish) from CA, USA

Experience
1 year in India as SQL DBA
1 year in NJ 2008

I am working as SQL Database administrator

My PD is 13 Dec 2012

I -140 was approved on May Apr 2013

Now I have got notice of intend to revoke on my approved I -140 after 3 years. It is related to my education.

PERM filling have below requirement set

Degree required Master degree

education MIS /Computers/Engineering related field

I have submitted documentation before 4 month ago and still waiting to get reaffirm my I-140

is there any chances to get My i -140 Approved(reaffirm)?

 

[anilkoleti]

Hi Rajiv ji,

1. Can I change to H4 while my H1 transfer is pending. I got my H1 transfer receipt no. and my previous employer h1b revoked on Dec 2nd 2016 (I have visa stamping until Jan 2018 but employer revoked).
2) Is it possible? if i go to india attend H4 visa can i get H4 stamping?
3)Is it stop h1b case if i get h4 stamping?

Thank You
AK

 

[srini4law]

FAQ: Legal rights/benefits of Green Card compared to H1B

Dear Rajive Ji,
Thank you for your help for the community via this forum.

Sub: Legal rights/benefits of GC when compared to H1B

After getting GC (emp based):
If an employee is working for an end client (employer - vendor - end client):
while employed with GC sponsor, can a person be on bench(no pay) for some time? or like H1b, its considered as out of status, risk of GC revocation?
Would like to travel to visit family abroad- At of POE, any questions by officer ? even though still employed, but not on project at end client?
While applying for citizenship later, if W2 < LC salary for any given year, negative impact during interview?

Also, as a green card holder, can a person be self employed(sole owner of LLC - and do 1099 contracting for US clients) ?
In above scenario, is it legal if you(LLC) did not make any revenue in between contracts?
Is it legal for GC holder to be unemployed, or like H1B, if you are on bench or not getting paid by employer - you are out of status - hence risk of loosing GC?

Thanks in advance.
Sri

 

[anilkoleti]

Hi Rajiv ji,

1. Can I change to H4 EAD while my H1 transfer is in progress means i got my H1 transfer receipt no.My previous employer revoked my h1b on Dec 2nd 2016 (I have visa stamping until Jan 2018 but employer revoked)
2. If i moved to H4 EAD ,I want to reuse my H1 in future . In that case how much period i need to have on my H1 to reuse it .
3. Do i need to break my employment while i am moving from H1 to H4 EAD .

Really appreciate your support.

Thanks,
AK

 

[rahul11j]

FAQ: Using for green card experience gained with end client

Hello Rajiv Sir

Changing their employer from Company A (Current Primary Employer) to Company B (Direct Client of Company A - which will be the new primary employer going forward) - Can the experience earned by the person (skill set as well as number of years) earned with Company A be used for satisfying the job requirements of PERM / I 140 petition filed by Company B - if the person was actually working for the direct client i.e. Company B - all the time while employed by Company A (Current Petitioning EMployer for approved I 140) ?

Thanks

Rahul

 

[sreenivasan nataraja]

Hi Rajiv Sir
1)I have more than 20 years of global experience in US, Europe, and UK countries.
2. Previously I worked on L1A visa for 7 years in management role, has 2 master degrees, one from India and MBA in entrepreneurship reputed Babson college in Boston,US.
3. Currently i am working as an Oracle Subject matter expert on H1b visa, salary is $150 K/year. I140 approval in EB2 category with a priority date of January, 2012.
4) I have all L1A manager role documents submitted to Immigration,UK,Europe visa documents which mentioned as manager and reporting hierarchy under me in the previous company.
5) Can i apply myself for EB1 as extra ordinary skill set with current salary $150 K & previous international manager experience?
6)registered a company, H1b is limiting to take a risk. Planning to work on startup after getting GC.
Am i eligible to apply?.
If i apply EB1, is there any impact on my existing EB2 with priority date Jan,2012.


Thanks
Sreeni

 

[renareddy]

HI Rajiv Sir,

My i-140 is Approved and i got the Approved copy from my employer. but when i check status online , it is showing as
"Case Was Sent To The Department of State
On February 2, 2017, we sent your case, Receipt Number SRCXXXXXXXXXX, to the Department of State for visa processing." .

Now i have only option to go for Consular processing through NVC from my home country India or can i do Adjustment of status(AOS) 485 from here when my Priority date is current if i am here at that time?

Thanks
Vijay

 

[ajsivsan]

FAQ: Automatic Visa Revalidation (AVR) traveling to Canada

Hello Sir,

My wife is in F1 visa status (cos from H4) and I am on H1B (I-140 approved). She needs to travel to Canada for an academic conference and she doesn't have stamping on her passport. Can we apply for visa stamping in Canada. By the time she travels, she would have completed her graduation. What are the risks of getting F1 stamped after graduation?

 

[Olimbek]

Hello dear staff.
I have a question which I can't find a right answer. I am a permanent resident of the USA. I have been working legally since I came here. Last year I made about 40,000. Yesterday I made my income tax. I am a single. My question is about My cousin who were not in the USA last year. He married to his wife 2 years ago overseas. He has got a green card too. Now he is in the USA, but he worked only 3 months last year, you know you have to make about 27,000$ at least if you bring your family to the USA, so he is asking me to be a sponsor for the last year. His wife and kid are now overseas. He is going to bring his family this year. If I support him and be sponsor for him and show my income for his family, is there any troubles for me later, does it effect to my status because next year I am going to marry and I will try to make documents to bring my wife too.
Please if you know smth about my condition, give me information.
Best regards,

 

[DEEPAMENON]

Question from our Community Member:

USCIS received my I-539 COS H-1 to H-4 before the last day at my previous employer.I wanted to know if the time period between my last day at my previous employer and the date when H-4 application is approved will be counted towards H-1B.

Towards which visa is this period counted? This is assuming my H-1B is revoked immediately. I will be completing 6 yrs on H-1B in November 2018 and didn't want to lose any time on H-1B while I am waiting for H-4.


Thanks,
Vipul