Recording Available for April 16, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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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.

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: 30 April 2020
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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I have a question. I'm an American citizen. My husband is a Canadian citizen. We were married in the US in December 2014. We have a four year old son together (born in the United States). We visited each other back and forth. I received Canadian Permanent Residency in 2017, moved there for two years, and moved back to the United States with our son in May 2019 because we decided that we wanted to live in the United States together, permanently. We filed the I-130, I-131 forms in September 2019. I would love for my husband to be able to live with us while we wait, however because Canadians don't typically have to file for visitor visas, when they visit, would filing an I-485 while my husband was visiting be allowed? He would be here legally, but not on a visa. We are confused. Thanks for any input.
FAQ: Effect of take over on L-1
Hello Rajiv ji,

I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category? or the 1 year period working as a manager starts over from the time the US company acquired the Indian company?

Thank you in Advance.
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FAQ: EB-1C International Managers/Executive Green Card portability
Hi Rajiv,
I work for an MNC, who filed my GC in EB1C, I-140 approved 2 years back, I-485 filed almost 2 years back, completed I-485 interview an year back, also holds a renewed EAD/AP card. My company laid off me recently, so my L1-A will soon get invalid. I got an offer from another company in similar role and responsibilities (SOC code: 113021), so planning to move using AC21 portability. However, my first employer was in e-commerce, whereas new employer in banking domain. So, my new job offer compensation will be 10% less than the salary mentioned in my I-140/I-485 by my current employer. Will it be a concern for AC21 portability under "substantial salary difference" and potential for I-485 denial in future? My case is genuine as my current employer is laying off and my role got impacted, with Coronavurus pandemic, it's difficult to find new jobs. Though the roles and responsibilities (role as people manager) will be same, but domain and industry are different and hence, salaries will be different in different industries. Within how months we should file I-485J and what documents do I need to provide to my new employer when joining the company? By the way, my current employer suggested to use AC21 portability to move to any new employer and confirmed that they wont cancel my I-140. Please advise.
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FAQ: I-140 revocation

Thank you very much for hosting this session, appreciate your time in answering the questions.
I need your help to clarify the following questions:
1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?
2. I am planning to look out for a job change and will my i-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.

I request you to please answer the above questions and thanks in advance for your help here.

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FAQ: Applying for tourist, visitors, B-1, B-2 to maintain status
Hello Rajiv ji

Below are my questions :-
question 1> As my case is pending with USCIS and have got RFE on my h1b extension (RFE came in the month of Feb 2020) ,
if my employer DONOT reply to the RFE in the said period of time what will happen to my status , ?
and Can they do that (not reply and ignore RFE )

question 2>If my employer try to win over the case by just presenting some document which is not valid or SOW which doesn't hold good now (because of COVID situation)
and got the approval from USCIS , is there any chance to get the denial/ any issues later on meaning post approval ?

question 3>I want to switch back to my previous employer where i have valid h1b petition and its still valid till July , do i need only the offer letter? from the previous employer ?
are they required to file my h1 transfer or amendment ? anything which i should know please add .

question 4> Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer
and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.
Please let me know your views Rajiv ji ?
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My H1B was valid till 2022 ,however quit my job in feb 2020 to go back to india. Due to covid travel ban couldnt fly back(2 flights cancelled already) and my 60 days grace period is ending soon(April12)

Should I apply online for b-2? Or given the circumstances is it okay to stay as is - "out of status" as far as i dont accrue more than 180 days of unlawful stay ? Would that impact my future visa /entry to US.
I plan to make use of the unused period of H1-B in coming year -so need to make sure I dont close that door by mishandling the current situation.
Hi Rajiv,
I hope you are doing fine.
My question is for Aged out children. Is there any provision for disabled kids to stay with parents after they turn 21 years? Please let us know.
Thank you,
i filed i-485 for my wife to adjust her immigration status last year 2019. When I filed it , I did not think my income will be enough so I added my aunt to be joint sponsor. Ow USCIS is asking for my 2019 tax document and my aunt 2019 tax document. However , my 2019 income is enough and I do not need my aunt to be joint sponsor any more . Moreover , she won’t have her tax filed till July dues do tax extension. I have to turn in documents in May. Can I just turn in my 2019 tax document and i don’t need to wait for my aunt 2019 tax
Second question: my aunt filled joint tax income with her husband. Does her husband need to fill out I-864a as well ?
Hi Rajiv. Thanks so much for helping upfront.

My husband Is a naturalized US citizen. We met while we were studying in US and got married in 2007 (for more than 13 years now). My husband petitioned for me and I got my green card in December 2007.

Shortly after that, my husband got a job offer in Amman, Jordan and we moved to Amman in July 2008. I went back to Oklahoma in June 2008 to present and finish my dissertation and then off to join my husband in Amman. I have not been back to the United States since then.

Our son was born in Indiana in 2006. And our three daughters born in 2008, 2010 and 2013, were all born in Amman, Jordan. We had applied for all our daughters Consular Report of Birth Abroad through the US Embassy in Amman, Jordan.

We plan to move back to US and have our kids continue their education in US. But my Green Card was expired and we are at lost to which form we need to fill and whether I can renew my Green Card or I need to start the whole green card application all over.

We approached the US Embassy in Amman while we were renewing our daughters passport and asked about me renewing my PR status and the Consular suggested to fill SB 1 form but she’s not sure.

Please advice and your help would be highly appreciated.
FAQ: Losing job after AOS I-485 interview
Hello Rajiv Sir,

I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs.
I am still waiting to hear back from USCIS regarding the next steps.
If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B.
Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
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FAQ: H1b visa holders during COVID

Hello Rajiv,
I know you have been answering a lot of questions regarding COVID situations. I have few specific questions for your guidance:

  1. Is H1b visa holder eligible for unemployment only if laid off or even furloughed? if yes, how do we know that we are eligible?
  2. Where can i check my i-94 expiration date?
  3. If I now have to change from H1 to B2 due to furlough, and if I have to return back to work later with the same employer, should i have to go out of the country to change back to H1?
  4. What are the effects to my H1b if I have to chose using PTO or unpaid leave or combination of both, or if I have to work just 20hrs/week?
  5. If I have to apply for a H4 and an EAD, do both of them get approved at the same time? I am asking this because I wanted to know if there could be a gap in my employment after I switch from H1 to H4 waiting for EAD.

Thanks for taking time in answering these questions.
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FAQ: Student on OPT during Covid 19

Hi Rajiv,
I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.

Right now, it seems that there is significant risk in traveling internationally and it would be practically pointless for me to travel because even then I would be working from home which I can very well do from here. Can you please advise me on this? I hope there can be an exception to the immigration law in this difficult time which makes it practically impossible and significantly risky to travel. I am also happy to hear alternatives on the same.
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Hi Rajiv,

I came to india for h/1B stamping on nov 2018, later they sent my case back to uscis for review and possible revocation.

Today i got an email from uscis stating that On April 9, 2020, we mailed you a notice explaining our intent to revoke our earlier approval of your case.
Meanwhile my employer filed a new petition under cap exempt in Feb,2020 and it got approved.

Does this my NOIR action on my previous petition affect on my current approved petition?

Thank you so much.
Dear Rajiv Sir,

I got laid off from my employer on March 18 2020.I was on h1b visa valid till April 25 2022.

I have I-140 approved with same employer which is more than 180 days now. Also submitted I-765/I-131/I-485 on Nov 2019. EAD and AP is approved on Last week ,waiting for I-485 interview .

I am planning to join new employer on my approved GC EAD which is less than 180 days.


1) Should I be able to start new H1B with the new employer after 3 or 4 months , so that I can continue on both H1B and EAD status till Green Card is approved.

2) Can I work on multiple Jobs on GC EAD?
Mr. Khanna,

I got picked up in the 2019 H1B lottery and opted for consular processing but got laid off before I could convert it into H1B.
Seeing how unprecedented times we are facing due to the COVID, is there a petition that can be filed with my future employer to help use my picked-up lottery?

Hello Rajiv sir,
I have a couple of quick questions related to my parents' greencard application, which is currently underway.

Background: I’m a US citizen (India-born, recvd greencard via EB-2) and have sponsored the greencard application for my parents, who live in India, under the family-based category via consular processing. I-130 is approved and currently we are working on putting together the DS-260 and Form I-864. Overall, the process still has 3-6 months to complete. My parents have valid B1/B2 visa already stamped in their passports from a few years ago.

1/ Due to any unforeseen circumstances, if my parents need to travel to US while their greencard application is not completed, can they enter the US on B1/B2? What's the likelihood they may be denied entry?

2/ If they must travel using their B1/B2 visa, would it be advisable to cancel their current application and then travel on B1/B2? Are there alternatives besides canceling the current application? eg. is there a possibility of switching the current application from Consular Processing to Adjustment of Status based GC application?

Hello Rajiv Sir,

My question is related to claiming Unemployment benefits on H1B Visa. I know this has been discussed in last call and being on H1B status we can claim Unemployment insurance benefits and it won't be counted as a public charge. But my question is about status:

Question: H1B visa is a restricted visa and we are only eligible to work for the sponsoring employer. So once laid off, as we cannot work for any employer until someone files our H1B Transfer, are we still eligible to claim Unemployment benefits. And If we are, are we able to claim it for only 60 days as after that we will be out of status?

If unemployment benefits rules are different for different states, this question is specific to Massachusetts.

Hello Rajiv,

I Got Laid off in my current employment and i did applied for the H1B Transfer to a new company before 60 days period. With the new rule that came in this Covid19 pandemic "by timely filing an application for extension of stay (EOS) or change in status (COS) a person can legally stay in us for 240 days".. Can you please explain this, what should i need to do legally avail this benefit.

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