Recording Available for August 20, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
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Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ'S will be addressed first and these FAQ'S will be posted in our immigration.com FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here.
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: 03 September 2020
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
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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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FAQ: Changing jobs while I-140 pending and change in job title
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Hello Rajiv,
Questions about Porting the Priority date (PD):

1. I have my PERM approved from my current employer A recently this month, can I still use my PD when I transfer my H1B to a new employer B, before i140 approval or when i140 is in progress with the old employer A?
2. If my job title is changed (from 'Software Engineer' to 'Business systems analyst')with changing job to the new employer B, can I still use the approved perm from employer A for the PD or to extend my H1B max stay beyond 6 years?

Thank you.
 
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Hi Rajiv,

I am a current US permanent resident ( green card holder ) since 2018. On my petition, I have put the name of my minor daughter ( currently she is 17 years old ) and intention was to get her a green card of her own before she turns 21.

Now with this news that new green card permits would be suspended and unused family based green cards would roll over to employment based quotas from October 1, 2020 onwards, should I be worried and rush to get her green card immediately ( before September 30, 2020 ?? )

Or I am understanding this proclamation / news wrong ? And I can wait for a couple of years, which is the more preferred option for us ...

Please advise...Thanks
 
Hello Rajiv,

I am currently a GC holder and have applied for Naturalization with an estimated completion date of Oct 2020 on USCIS website with only completed the Bio-metrics back in March. Current status states - 'We've reviewed your bio-metrics. You do not need to do anything at this time. We will let you know if we need anything else from you as we continue to review your application'.
So, the question is how accurate is this date provided by USCIS on their website under my account?

My next question is about my gf. We met via matrimonial site in Nov 2019 and met in Feb 2020 in India. We didn't have any formal ceremony when we met as we just met for the first time and have a few pictures of our meeting for a week and things were finalized. So, the questions are,
1. Can I apply for a fiance visa(K1) once my Citizenship is approved?
2. Is Fiance visa the most fastest way to get her to the states?
3. Will going there and getting a formal ceremony done with picture is more recommended way of submitting the application?
4. A local consultant said it takes 2-3 months or less for Fiance visa, but everywhere else it states it takes about 6-9 months. (Still less than spouse visa).
5. I can plan to go to India once the restrictions are lifted to make a quick trip and get engaged if that's something which will be recommended.

Thank you in advance.
Rudraksh
 
FAQ: Going to school while I-485 is pending
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Dear Rajiv Ji,

My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021.

However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company.

My question: On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed?
If yes, Is there a way to get around this?
What are repercussion if I am not able to comply due to the situation mentioned above.

Regards.
 
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FAQ: Issues in changing employers after I-140 approval
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Hi Rajiv - I am planning to switch from Employer A to B. Can you please help clearing some confusion i have.

Moving from Employer A to Employer B with I-140 approved.

Scenario 1: If Employer A revokes I-140 and Employer B files a new petition I can retain the priority date. Does Employer A have to revoke I-140 or if he can continue it even if I am not working there?
Scenario 2: If Employer A doesn’t revoke the I-140 and Employer B files a new Labor and I-140 petition and retains the PD of previous I-140, would the previous I-140 be valid anymore?
Scenario 3: If Employer B files a brand new PERM and I-140 with new PD (2020) and Employer A I-140 is valid with the old PD. What happens if the old PD becomes current. Do I need to go back to old employer A or Employer B can file I-485 with the old I-140 PD.

Question – Is there a one year max limit rule on filing the I-485 once the date becomes current? What if it cannot be filed, does that void approved I-140?

Thanks in advance.
 
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Hello Rajiv Sir,

I had my EB2 Interview couple of months back, I recently received approval of SupplementJ that I submitted as per AC21 does that mean anything for I-485 or there is no corelation between SupplementJ and 485?
Does USCIS first approve/reject SupplementJ than they work on 485?
 
Hello Rajivji
I am currently on a H1B which was set to expire in October 2020. I received an approved renewal to October 2023 and I have an approved I140. My wife is on H4 EAD and waiting for her extension and EAD approval filed in July 2020 set to expire in October 2020
My wife is pregnant and expecting in November 2020. Considering the current processing time for H4 EAD, can she go on disability leave before her H4 EAD expires if we do not receive her EAD in time to protect her job status. We are based in California

Thank you for your time
 
Hi Rajiv,

I have a question. I applied for my H4 and H4 EAD extension along with my husband's H1B extension on Feb 20th, 2020.

My husband's H1B was approved about 2 months ago (back in June 2020) and he received an extension for 36 months. However, there has been no update on my H4 EAD case status. I reached out to USCIS on a few occasions and they informed me my I-765 will be processed only after my I-539 is approved. However, I-539 applications from December 2019 are being processed currently. So, I was told it will take a few months before they review Feb 2020 I-539 applications. Its almost been 6 months that I applied for an extension and I had to stop working as my current H4 EAD expired on July 30th, 2020.

Question:
With the ongoing delays in H4 and H4 EAD processing, I was checking to see if there is a way I can request USCIS to expedite the process? or will I be able to work as I applied for my extension?
Also, in case my I-765 is approved. Do I have to wait until I receive the EAD card to start working or can I start working just with the approval?

Thank you for your time!
 
Greetings Rajiv,

My family-based green card interview was scheduled for March 23rd 2020, however, due to COVID-19, I received a notice from USCIS informing me that my interview had been postponed to another "to be confirmed" date. I have NOT received any correspondence as of today (August 12th, 2020).

Two Questions:
1. Is there a general delay in processing time? Should I continue to wait? What if the notice was sent but got lost in transit? (I still have the same address).

2. My EAD expires in mid December 2020. I am informed that I can submit paperwork for a renewal EAD three months prior to expiration. What's your recommendation?

Your advise will be greatly appreciated.

Many thanks!
 
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Hi Rajiv,

I am working for a company that has offices throughout US and I am based in location A and my team is in location B. My priority date is Jan 2011 (from the previous employer) and now my current employer is starting my GC process and I got to know that for PERM there is a shared recruitment position in Location B which suits my profile and they can file my PERM right away and eliminate prevailing wage, ads, etc. My manager is willing to relocate me to location B and am also ready to move once my GC gets approved. I was assuming that GC is for future employment and I can work in location A till I get my GC and then move to location B. But my attorney is saying that I will have to move to location B and start working in location B even before I get my GC.
Can someone please let me know if we have to be specifically be working in that location at the time of filing or can we move after GC is approved? How do I convince my attorney to that?

And also will there be any complications if I don't move to location B once I get my GC and work in location A for same employer ?
 
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Hello Rajiv,
So this is for a Friend, Please assist with good advice.
The main issues are he came into the United States in as F1, and spouse with two kids came in after as F2.
However, my friend was having a secret affair with a US citizen and had a child out of wedlock from this.

In 2019, my friend's spouse filed for an Asylum claim but was denied Asylum. Fortunately, they were not referred to the court, they got NOID because they were in status. Presently my friend is on OPT STEM.

Recently now, the spouse found out that he had a secret affair, and child out of wedlock and she seeks divorce. They are divorced now.

My friend is back with his secret US citizen girlfriend and they want to marry soon so that they can have a good life and he adjust status before OPT expires.
Considering the timing after Asylum denial and as derivate in the Asylum;
(1) Do you think USCIS will give my friend a terrible marriage interview experience? Even though they already had a child in this relationship?
(2) Can they use the child as proof of the genuine and bonafide marriage?

Please advice further.
Thanks
 
Hello Sir,
I am looking to sponsor my dad for GC, My Mother passed away few months back, Do we still need his marriage certificate to apply? if yes, Since his marriage is not registered what do we need as a supportive document? Thanks in advance. Sandy
 
Hello Rajiv,

I am applying GC for my mother who arrived in early March, 20 this year. I have applied i-130 and While I was applying for Adjustment of Status, I see that my mom has to apply I-944 & I864. I

1.One of the few questions asked On I485, Page 14, Question No. 61 - Are you exempt from the public charge ground of inadmissibility? - Options: Yes or No. My 55 yr old mother is homemaker and she is unemployed in India. I and my spouse will be financially supporting her and so wanted to get advice/tips on getting my mother's application to pass the I-944 test without rejection as my mother has no work experience nor speaks English.

2.Another question on form I-485: Are you applying for Adjustment of Status based on INA(245i)? Yes or No. - I was planning on answering as "No"? If you could provide more clarity about INA 245(i) would be helpful?

3.Also, While I am still in process of applying AOS, Can she legally stay in US once the I-485,I-944,I864 forms are submitted? Are there any other process/steps/form i have to submit?
 
Hello Rajiv,
First of all thanks for providing this kind of facility where person get some solution and direction.
I am on H1 visa and now only 15 days left in transfer either to another employee or F1 visa.

There are two companies are agree to file in Inhouse project.
so, is it safe to file two petition with two different employee in two different project??

And if both are denial then what are the other options? My I94 is going to expire in 2023.

Please guide,

Thanks,
Himanshu
 
Hello Rajiv,

Thank you for hosting this conference call.
I was working for employer A on H1B till May 2020. The H1B and I-94 is valid till Jan 29th 2023 with employer A. I got a new opportunity and joined new employer B on the receipt number in May 11th 2020. USCIS issued RFE on it and employer B submitted an RFE response. Now, USCIS has denied my H1B transfer petition - "reason: Specialty Occupation" in Aug 11th 2020. The employer A has withdrawn my H1B petition in May 25th 2020 since I no longer work for him.

My questions:
1. Is my I-94 still valid till Jan 2023 even if my Employer A withdrawn/revoked my petition? Do I have a lawful presence in the USA (or) Do I need to move out of the country immediately?
2. My new employer B is refilling the H1B transfer petition. Do I need to move out of the country and come back again after it is approved or Can I stay in the USA until the second petition is approved?
3. Could we file my second petition with Employer B on Nunc pro tunc (NPT) request?
4. I have found another employer C who is also ready to file an H1B transfer on my case. Again, do I need to move out of the country before they file?
5. When does my unlawful presence start (illegal stay) in the USA?
6. My spouse is on H1B visa. Can I do change of status to H4?
7. What would be the impact on my green card process in future?
8. Could you please suggest what are the available options for me further during this situation?

Thank you very much.
 
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