Recording Available for January 23, 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 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: 06 February 2020
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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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Hi Rajiv,

Your input regarding the following issue is greatly appreciated.

U.S citizen petitioned for her three married daughters and their cases are at NVC stage now(F2 category to F3 conversion). Only one AOS fee was paid and for the other two cases, the system rejects the payments stating that there is an active payment(this may be due to the rule that when a U.S citizen petitions for her children only one AOS fee is charged, but beneficiaries are not minor children). Also, the system does not allow to attach financial documents for the other two cases(upload financial documents tab is not highlighted). Does this mean that NVC requires financial documents from only one case? Is it o.k to send only the civil documents without financial documents as we have already submitted AOS fee and the documents for one of the cases? Can I mail the AOS fee for electronic cases without the bar code sheets? I emailed NVC about this and their response was to refer to the welcome letters which do not state any information about this issue.

Thank you and I appreciate your advice.
 
Hi Rajiv,

I am a USC with my parents living in India. I intend to apply for their family based GC. I would need your advice on the below questions:

1) Can I relocate to India now for a brief time, stay with them and then apply while I am in India.? During this time, I will not have ties to the US - I don't own a home, will not work for a US company.
2)If I apply for their GC, while I am still here in the US and then relocate to India, will it affect their GC processing?

Thank you.
 
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FAQ: Tourist/Visitors visa for people with special needs or challenges
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Hi Rajiv,

I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.

Appreciate your response in advance.
Thank You
 
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Hi, Rajiv,

I have my I-140 approved with my current company. However, the attorney has only received a courtesy copy (I-797C) of the approval notice from USCIS in Sep 2019. Since the attorney never received the actual approval notice (I-797), they submitted an I-824 in Dec 2019 to request for a copy of the approval notice.

My question is, can I retain my priority date if I switch my job and port my green card processing to the new company using the courtesy copy of approval, or would I need the actual approval notice? The current processing time for I-824 shows to be about 12 months so should I wait till then to be able to switch jobs, or would the courtesy copy suffice to port my I-140?

Thank you!
 
Hi Rajiv,
I am on H1B Visa and spouse is on H4 Visa. My current employer filed for our H1B and H4 Extension and was Approved till May 2022. While the extension with the current employer was pending, I filed an H1B Transfer and another H4 Extension with a prospective employer. Both H1B Transfer and H4 Extension were approved for a shorter duration till August 2020. Both these H1B and H4 Extension approval came AFTER the H1B and H4 approvals of the current employer. I am NOT joining the prospective employer and will continue with the current employer with whom the approvals came till May 2022.

Due to the Last Action Rule, has the i94 validity of myself and my spouse been reduced to August 2020? If Yes, what is required to be done to correct it back to May 2022? Can I file for an H4 EAD basis the H4 extension approved till May 2022 as my i140 is approved?
 
Hello, My I-140 petition (EB1C) petition is pending for 13 months, a service request was raised for delay beyond normal processing times.

Got a response back: We have had to perform additional review and this has caused a delay in processing time. Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received

What does the additional review involve? Is there any typical timeframe within which the petition maybe approved.
As there is no option for L1A visa to convert to premium processing is there any other recourse to expedite the I-140 approval?

I have ported jobs based on I-485 pending > 180 days and EAD, what is the potential impact of the delay in I-140 approval or RFE.

Thanks
ExecTransfer
 
FAQ: Risk for green card process in joining a small company, unfamiliar with immigration
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Hi,
I have an approved I-140 with priority date of June 2013 from Employer "A". I moved to employer "B" in 2018 and extended my H1-B till June 2021. He is currently processing my labor for new application. Meanwhile, I got offers from "C" and "D". "C" is an established firm and is well aware of the immigration process. "D" is a small business enterprise started about 2 years ago and haven't sponsored any employee yet. Here are my questions:
1. Does joining "D" involve more risk than "C" for I-140 approval because of its size, lack of immigration sponsorship history or otherwise?
2. If I transfer, will I get 3 years extension for new H1-B from the date of new application or only till the expiration of my current H1-B ( june 2021)
3. any additional risk I should consider.
Thank you
 
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Cat: Parent NVC approved since Oct.2019 still waiting for the interview letter, what is the expected time ?
 
Hi Sir ,

I am in India and my I-797 validity is expired after waiting 4 month for 221g.
Then my Indian MNC Company file new/fresh H1B cap exempt petition and it is approved for one year for the same client and location for which 221g is pending.

Here my question is
  • Can I go for stamping for same client and company before 180 days over for current 221g processing ?
  • Will it be good to go for stamping after 180 days over for 221g processing?
  • What are the changes of getting again 221g ?
  • Withdrawing my 221g will be good?
Kindly help and sorry for couple of question.

Hi Sir ,

Need advice.

I could not edit the earlier post so adding here as today I found this.

As you know from my post#10 , I went for stamping and received 221g. They did not ask any document and no update since 3 months.

I asked how long it will take then VO told this may take time and they are not sure how long.

Now what I noticed that by mistake I given only last traveled detail not the 2nd last visit to USA.

1. Is this causes to get 221g?

2. How I can resolve/correct this now?

Kindly help … Thanks in advance.

Thanks
 
Hi Mr.Rajeev,

I seek your guidance on the case as explained below, my immigration visa interview date is 05.02.2020, I need your help what I should do.

  • My brother filed immigrant visa petition under F4 category for me on 20th November 2004
  • For Total number 4 – me (Principal applicant), my wife, my two daughters(derivative applicants/beneficiaries)
  • Petition notified 3rd August, 2009
  • Priority date is in 10th November, 2004
  • On 20.04.2018 NVC sent welcome letter
  • As on that date one of my daughter crossed 21 age but unmarried, her date of birth is 06.03.1997
  • As per Child status Protection Act (CSPA), even she crossed 21, eligible (As per CSPA calculation 3rd August2009-10th November, 2004=5 years will be deducted from present age and the resultant age should not cross 21, so she is eligible
  • My brother as petitioner and also as agent when wanted to pay visa fee for four of us, NVC opened visa fee links (sent only three invoices) for only three except for the daughter who crossed 21.
  • He inquired at that point of time and they said that for her we need to wait when the priority date become current date
  • So, on the basis of this information provided by NVC, he paid visa fee and submitted visa applications DS260, for three people and also submitted the personal documents, financial documents for the three people and NVC confirmed receipt of the documents and advised us to wait for notification of interview. Since then we are waiting for the date to become current (i.e., notification of interview date)
  • One week back, we received interview letter for only three for whom the visa fee was paid and advised us to attend the interview on 05.02.2020
  • No information was received for the daughter who crossed age 21 and we are worried what happens to her.
  • As the priority date has become current, we hoped that she will also get and they would have reviewed her status and allow her to pay visa fees and submission of Form DS260, to enable her also to attend the interview along with us.
  • Contacted NVC, they said that on the date of interview, if visa officer approves her under CSPA benefit then the visa fee can be paid on the date of interview
  • Kindly give your opinion whether she will also get opportunity and how she will have to attend the interview after our interview date (by the time our interview will be over).
  • I have also verified USCIS, it is clear from there that she is still eligible for immigrant visa as per CSPA and it is also clearly written that CSPA is applicable for F4 immigrant visas and also to derivative beneficiaries.
  • Kindly inform of any such case where any body got the visa for such person who crossed 21 age.
  • We three for whom interview is notified have already took medical appointment, bio metrics and police clearance certificate, on the basis of the advise from NVC that the visa officer on the date of interview will review it
  • Whether we need any thing now before interview to add her in the case and take her to interview along with us.
Your valuable advice will help my daughter throughout her life.

Regards,
SRK Raja Reddy
 
Hi Rajeev Ji,

I understand that the traveler has to declare the monetary instruments totaling more than USD 10,000 as an individual (or even as a family). What I am not able to find the information anywhere including the CBP website that do the traveler still have to declare if he carry less than USD 10,000 when traveling in/out of USA?

Thanks
 
Hi Rajeev,

I in NYC I have approved Labour Certification with DOL under EB3 but when i applied DS160 year 2017 by mistake i wrote down "House wife" and my labour certification approved under COOK. Now i m going to apply i140 and i dont know how to handle.

Please share your suggestion.

Mohanmmad
 
FAQ: Impact of 214(b) denial
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Hello Rajeev,

My boyfriend is applying for his F1 Visa in July 2020 for fall semester 2020 for his MS in Finance at one of the US universities (deciding on which one right now). This is a question asked well in advanced so we are fully prepared.
He was denied B2 in April 2019 on 214(b). He is an MBA from IIM. He was on a 20 lpa job for the past 4 years in banking, is a single child and stated visiting US for leisure to meet his friends (myself) in TN and to visit New York. He does have a cousin on F1 in CA studying law in IP, that he stated.
Clearly, he has strong ties (given his good paying job and parents).
Now he has left his job and applying for MS (2nd Masters degree post MBA). How can he tackle the 214(b) rejection problem in his F1 interview?
 
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Cap-Exempt employers

Hello Rajiv ji,

I am currently working with a cap-exempt employer and would like to switch to a new employer. In that case, I was told i can only move to a cap-exempt employer as I dont have an approved cap-subjective H1. For this, I am searching for reliable sources of data to find cap-exempt employers list by city/state with the number of visas filed during the latest filing period. Please guide me where could i get this data.

Thanks
Rick
 
F
FAQ: Requirements for obtaining green card under EB-1C, International Managers and Executives
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Hi Rajiv ji,

Currently on H1 - working in US as manager with approved I-140 (EB2) - waiting for my priority date to become current. There is a possibility of working outside US for my current company and later come back to US which may allow me to switch to EB1. Questions related to eligibility for EB1 when I come back to US:

- Do I have to be outside US continuously for 12+ months or can I visit my Family here in US? I am planning to switch to H4 - my wife has her own H1 and plan to stay in US so kids education can continue in US. Not sure if switching to H4 will introduce any additional challenges

- While I am employed (and Paid) by foreign branch of my US headquartered company, can I work remotely from US for few times (each time for a week) and how will that count towards my 1+ year of Multinational Manager experience?

- I know it would be foolish to move back to US after exactly 12 months, so how many minimum months should I plan for?

- Any other aspects I should be considering with such move?


Thank you
 
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Hello Rajiv, and thank you for the existence of this forum! I shall now explain my situation, hoping to find a 'path' to follow so my children can obtain USA Citizenship.
I am an American citizen by birth and I lived in the USA till I was 14 years old. In 1984 (when I was 14), I moved to Italy and lived there till Nov.2019, when I relocated back to Austin, Texas, USA for a job. In Italy, after getting married to an Italian citizen, I had 2 children (respectively 2003 and 2006). In 2018, I got legally separated, with joint custody and written permission (on the separation contract) that my ex husband would allow the kids to come to the USA so as to obtain USA citizenship.
Unfortunately, I am not qualified to pass them my USA citizenship automatically as I left the USA at the age of 14, not 16. However, my father, the children's grandfather, I believe could petition for them as he lived in the USA from the age of 16-83, although in October, 2019, he moved back to Italy but he has enough documentation to prove his residency in the USA for 5 years after my children's births.
My kids are now still residing in Italy with their father as I got my job in the middle of November and they had already started their scholastic year and now, I would like to file the form N-600K for them, using my father as the petitioner but they are now, not in my physical custody but they would be in the summer 2020. Is there any way to get 'around' this problem so I could file immediately for them? The fact that my father would be the petitioner, does this still imply that my children must be in MY physical custody? And however, my kids will be here this summer but I would like the everything to have already been processed by their arrival, would this be possible?
Thank you for ANY help,
Dunya Bernardon
 
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