Recording Available for February 06, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
Staff member

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: 20 February 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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Hello Rajiv Sir,
I have discussed my case on these conference calls before I have applied for I-485 using cross chargeability in Dec 2017 I got my interview schedule but my wife wont be able to attend the interview - when she was trying to come back to US from her home country on Jan 06 2020 using her EAD/AP which expires on Jan 12th 2020 they didnt let her leave her home country and when we applied for EAD/AP renewal(for the one that expires Jan12th 2020) around Sept 2019 USCIS didnt adjudicate her work permit and AP together so she just had work permit from Nov 15 2020 to Nov 16 2021 and the card doesn't say "Serves as Advance Parole" for some reason I got my EAD/AP from Nov 15 2020 to Nov 16 2021.
I did create a Service Request to expedite her I-131 but in the worst case if its not approved and she is not present during the interview.

Q> If I goto the interview alone will the USCIS officer be able to adjudicate my case without my wife, I have heard one can only use cross chargeability if both the applications are immigrating together?
Q> You did suggest me before that splitting up the application might be an option where she can give the interview from her home country? Can we try that at this stage, or is it too late since we have the interview scheduled?
Q> Is there any other option I have besides rescheduling the interview?

Thank you.
FAQ: H-4 visa stamping - problems with H-1B
Hi Rajiv Sir,

I got my I140 from Company A on March 2018 and stayed with them till April 2019, which is more than 365 days after approval. During my stay at company A i moved from El Segundo,CA to Beaverton, OR on Jan 2019 so they filed H1B amendement. This got RFE status at around March 2019 end.Since i moved out the company A in April 2019 they did not respond to RFE and it got denied at around August 2019.

My new H1B petition with Company B at Cleveland, Ohio was approved till Dec 2020 even before this amendment got denied . My wife and kid were in India during my H1 transfer to Company B, so after the approval she gave the documents, my approved I797A and passports for H4 Visa to Chennai US consulate for drop box. She got a form 221g to submit the below documents
1) My Valid Visa
2) Decision memo/Denial letter for adjustment of status
We got confused with the second question and my Company A was not ready to share the denial letter and we initially thought my I140 got denied as their question was mentioning about adjustment of status.
My Wife went to consulate in person with my approved petition with company B on October 2019 and told that my(Husband) Visa was expired and My Company A is not ready to share the denial letter. The officer was not convinced and said we cannot take any decision on her case( either Approval/Denial) and they want to investigate further and put the case in Administrative processing. Its almost 3 months but still the status remains the same. What can we do for this case Sir?

Next i am planning to move to Company C from Company B(as its contract to hire) in another 1 month and my H1B period in US is around 5 years, Can i use my previous approved I140 petition from Company A ( stayed more than 365 days after i140 Approval in Company A) to extend beyond the 6 years tenure. Should i initiate new PERM after joining Company C or i can continue with the already approved i140 from Company A for future H1B extensions.

Niranjan Senthil Kumar
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Hello Sir, My name is Kruz.
Topic: I-90 green card renewal - approved green card never received by applicant

Applied for green card renewal. Application approved and online status says:
On February 21, 2019, the Post Office picked up mail containing your new card for Receipt Number (****). We mailed your card to the address you gave us. The tracking number assigned is (#USPS tracking number).

Since February 22, 2019 to Till Date USPS tracking information says: 'Label created, not yet in the system'

After talking to USCIS it was concluded that we need to re-apply I-90.

Question: However, WHICH choice should we select from below option so that we can get a FEE WAIVER to re-issue green card, which is already approved ?

Thank you very much for your service.
Really appreciate it.
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Registered Users (C)
FAQ: Sponsoring family based green card while living outside the US
Family based green card for my wife: F2A

I am a US green card or permit resident with expires in June 2025.
I have been living in India from Feb 2018 with approved Re-entry Permit /I-131 Travel document till June 20, 2021.
Also have approved N-470 (Application to preserve Residence for Naturalization process)

  1. I am in India with. Re-entry permit (valid till July 2021)
Can I file my Family based green card for my wife: F2A from India?
  1. Questions from February 2020 Visa bulletin. Please explain these 2 below dates?



F2A: 01Dec 1919
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FAQ: When is H-1B amendment required?
FAQ: Getting EB-1C based green card by moving out for one year
Dear Mr. Rajiv:

I have below 2 questions. Kindly clarify and help.

1) Does H1B- H4 Amendment needed to relocate resident between neighboring state with in 30- 50 miles.

I work in-house project for my employer in Pennsylvania and resident in same state for 10 years. I am on H1B visa and my dependents (Wife and Daughter) are in H4 visa.
My daughter will go for college in another 3 years. My GC in EB2 priority date is MAR 2011. Since i don't have GC, Pennsylvania state wilL NOT consider my daughter school tuition fee RATE as an IN-STATE student. And college will consider only as an international student fee rate.
Meanwhile my neighboring state NewJersy state Governor Murphy recently signs "Tuition Equality Legislation for children of H-1B visa holder" passed a new law that allows H1-B residents who live 3 years in NewJersy and go to high school for 3 years will be considered as IN-State tuition rate student.

With this situation, i am thinking to re-locate to NewJersy as a resident. My current office location is less than 30 miles to New Jersey. In this case, do my employer needs to do H-1B and H4 Amendments to relocate to NewJersy, or can we relocate to NewJersy as resident with in 30 - 50 miles from my Pennsylvania office location, that does NOT need H1-B and H4- Amendments, and still i commute to Pennsylvania office.?

2) Moving from USA to Canada and Come back to USA in EB-1.
I am currently in H1-B and my dependents are in H4 (Current H1B and H4 extension valid until Aug 2022) with GC filed in EB2, priority date Mar 2011.
Now I am planning to move from USA to Canada and come back to USA after working as Manager with sister company and filing in EB1 via L1-A. In this situation, can i just move alone to Canada and keep my dependents in USA, because not to disturb my daughter High school and after i came back to USA, can we file all my dependents in EB-1 or do we need to move as a whole family now to Canada in order to file all in EB-1?

I appreciate your help and Thanks in advance.
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New Member
FAQ: Obtaining birth certificates
Category Parent ( IR5) My wife doesn't have Birth certificate what other alternate documents can be taken to the American consulate in its place, we have her school leaving certificate mentioning her Date of Birth and 10 ICSE Certificate mentioning her Date of Birth. Also if possible,could you send me any documentary proof from their official site mentioning that such an alternate is valid
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Hello Sir,
I have applied for H1B on 2018 while I was working on L1B. I got my H1B approval few weeks back and I am still working on L1B. But I do not want to join the H1B employer. My H1B was not COS as I traveled outside US after approval as I didn't know about the approval.
Is there any possibility that My current employer transfer the H1B to their company?

[GracePeriod][JobChanged][RFE]: Switch Job when H1B transfer has pending RFE
Hello Sir,

I have H1B and my i94 is valid till May 2020. I was laid-off in November 2019. I got a new employer who filed my H1B transfer application in early Jan 2020 (which is within 60 days grace period). But it got an RFE which is pending. My attorney says he will take 5-6 weeks for RFE response.

I found another job which is very good, can I ask my new employer to transfer my H1B while current H1B is pending.

1) What If RFE gets denied by new employer H1B gets approved do I need to leave the country, because I was on grace period and my current company H1B RFE is denied?
Dear Mr. Khanna,

First and foremost, thank your time and effort in providing this immensely helpful service. My query is as follows:

I am asking on behalf of friends. The primary applicant (husband/father) had entered the US on a H-1B visa. His employer applied for an EB-2 visa under the category of "Advanced Degree / Exceptional Ability." His Form I-140 petition was approved in July 2019, but he wasn't able to file for an Adjustment of Status using Form I-485 since his priority date had not become current (as he was Indian). Unfortunately, he passed away earlier this month.

His wife and 13y-old son also entered the US on H-4 visas along with him. Upon receipt of approval of the primary applicant's Form I-140 petition, his wife intended to file Form I-765, Application for Employment Authorization. However, she could not complete this application due to the primary applicant's poor health.

His wife would now like to take two steps.
  1. Apply for INA Section 204(l) relief to allow her and her son to continue residing in the US.
  2. Upon receiving the 204(l) relief, she will file Form I-765, Application for Employment Authorization, in order to obtain the right to work in the US. She has been promised a role at her husband's former employer.
My questions are as follows:
  1. Is she eligible to perform these two steps? Can they be applied in parallel?
  2. What is the likelihood of success of each step?
  3. What is the processing timeframe for each step?
  4. Can they (mother and son) continue living in the US and attend a public school (i.e. son) while the application remains outstanding? Can they leave the US and return?
  5. If successful, what is the maximum timeframe until which they can reside and work in the US? Is it limited by the deadline under their current H-4? Will the H-4 be renewed, like it would have if the primary applicant were alive?
  6. For step 2, (i.e. Form I-765), does she need a confirmed letter of employment to apply?
  7. Is there an alternative course of action that would be more productive than that outlined above in order to enable mother and son to live and work in the US?
Many thanks in advance for your response.
Hi Mr. Khanna,

Thank you for the service of having free conferences to answer immigration questions for all. I, like the tons of others here, appreciate it.

My name is Ram and I am a new member to this forum. I tried to search some threads that might answer my questions but could not find one that has the situation unique as mine. So here goes my situation and the questions from my end. I hope you get to this question and try to give me some clarity. Thank you

1. I am on an L1-B visa that is valid until Apr 2022, entered US April 2017, wife on L2 and awaiting EAD renewal, 9 yr son and 15 yr daughter with us.
2. Company L1 blanket renewal happened in August '19, I renewed my L1-B in Sep '2019 (after two weeks of admin processing)
3. Perm filed on November 2019, pending approval (EB-2 category). Law firm expects to have an approved I-140 via premium processing by April 2020.
4. Company appointed law firm recommended that we apply H1 conversion for me for continuity of stay perspective. H1 applied in March 2019, got selected in lottery under the Masters category, RFE received in September 19, replied in Dec '19 and got approved Dec 2019. Consular notice prepared for the same and I have the approval (not flipped yet to H1 though, still on L1-B). H1-B approval petition valid until Sep 2022
5. Company and Lawfirm urging flip to H1-B this summer (want me to take into account possible admin processing as last time)
6. Company has informed that they would explore the option of changing over to L1-A based on 2021 / 2022 company progress and my performance. I have held L1-A visa for three years (with 4 months travel onshore) from 2011 to 2014 in my previous firm. The current firm I am associated with is good and believes in my ability and is transparent about the options available. They are willing to help me settle here too.

My questions
1. The later I flip to H1-B, the more my wife can go to work. What is the risk that I run into if I flip to H1-B in 2021 summer of just before my L1-B expiry? What would be your advice on the flip time?
2. If I have a I-140 in hand when my flip to H1-B happens, can my wife file for an EAD as soon as we enter the US with H visas or does she need to wait for a certain time period?
3. Would change to L1-A push my category of GC processing from EB-2 to EB-1?
4. What level of scrutiny would the L1-A change request go thru from the USCIS side?

Thank you for the time and hope to hear from you. I am sure I will have more questions when I hear your answers but I will reserve it for a later time. Appreciate all that you do

Category Parents (IR5) NVC approved Case- My wife doesn't Have Birth Certificate. Do they consider any other alternative in its place?
Hello Rajiv,

My current employer is planning to file my H-1B extension in premium processing.
Also another employer (future employment based GC) is going to file my I-140 application also in premium processing at the same time.
As both these applications will go to USCIS for processing, does this impact the H-1B or I-140 application in any way. Would it create a conflict or raise a flag?

Thank you fro your help.

Hi Rajiv Sir,

I have a question regarding Public Charge rule.

In 2017, my wife came to USA on B2 Visa and had a baby. We took Emergency Medicaid that covered only delivery expense.

In 2018, we came on H1b visa and I'm the primary principal applicant. We filed for Employment based Green card and currently its in AOS stage.

Will this Public Charge rule have impact on my application?

Hello Rajiv

I am a student currently in my third year of OPT extension(EAD end date: Dec 10, 2020) which means this year would be my last chance to apply for H1B. I was employed full time at a company and suddenly laid off on Jan 29th, 2020.

As of now my last day with that company is March 17, 2020.
- I can try to convince my company to at least file H1B initial registration and if possible the actual filing too which starts in April(which means I also need to convince them to extend my last day right?)

- if they agree for both initial registration and filing process(with premium processing),

Question 1: Can I transfer my h1b to another employer soon after it is approved(sometime in April or May or should I wait till October)?
Question 2: How late should my last day with the current company be for this option to work? (so that I can talk to my CEO to extend my last day)

- How risky is the above option? Will it work? Do I have any other options here?
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Dear Mr. Rajiv,

I am an Indian national and just got accepted in a top 20 full-time MBA program in the US.

I have been in the US as an intra-company transferee (L1B visa) since October 2015. My L1B visa expires end of July this year and my classes start end of July as well, so I am planning to quit my job 2 months in ahead of July to go back to India to get an F1 visa. I looked into status change while staying in US but that line is 1 year.

However, here is where I feel could be a complication. My company decided to apply for my Green Card in the Eb3 category and my i140 has already been accepted. When I resign, I will request my company to withdraw/revoke my application from the green card line, so that the Visa Officer in New Delhi doesn't see this conflict between a short term student visa vs green card filing.

Question 1: What are my chances of F1 acceptance vs denial if my green card application is withdrawn a month before my visa interview in India? My i20 would be from a top 20 school in the US.
Question 2: I am applying for Canadian PR in express category. Would that change anything? It asks if I am PR elsewhere in Form DS160.
Rajeev Sir,

Good Morning. I hope You are doing well today!
I need a small Help regarding my Sister H1B Filling for 2020. My Sister is on H4 and she is pursuing a Masters at the University of Cumberland's. Here are the Few Questions We have ?
1) Is She Eligible to Apply H1B this Year, She has 2 More Semesters to continue and She, Will Grad, on Aug 2020?
2)She is on H4 Visa and Once after Grad Can we file H1B on F1 Quota or General Quota? She Will be Getting a Degree From UC. She is Still on H4 and COS is Not Done.
3)Once Her H1B Visa was Denied because of Specialist Occupation.
Can You Please Help US.

Hello Rajiv,

Is it okay for anyone to apply for H1b when sibling sponsorship has already been filed and is currently in process? My application was submitted back in 2016. I am thinking of having my spouse apply for H1B (me as a dependent-H4). Would it, in anyway, impact my already filed petition? Can they deny my application for a new visa on the ground that I already have another application in progress.

I have had tourist visa, which expired in Jan 2020. I didn't renew my tourist visa as I was told- renewing would impact my pending application with them probably denying my B1/B2 renewal.

How does applying for a new visa impact the pending application? Is it fine to do so or do I have to wait until I apply for any other types of visa.

Thank you
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