Recording Available for July 09, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
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#1

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: 23 July 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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#2
FAQ: Impact on US immigration for violation of other countries’ laws
Hello Rajiv,

I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.

I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?
If No, Is it better to file form USA or from India?
 
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#3
FAQ: Birth certificate problems for parents
Hi Rajiv,

I applied I-130 for my father to get his GC through Consular processing. I'm a US citizen myself. However I got RFE asking for his birth certificate. I have these queries:

1- The supplemental documents for I-130 for parents as per USCIS application only need US citizen's birth certificate and not the parent's birth certificate. So I don't understand why RFE was issued at this stage?

2- My father was born in the time when the birth certificates were not available. As per the dept of state reciprocity website, it clearly states:
"Exceptions: Birth certificates are not available to persons born prior to 1968. "
Since it is acknowledged by reciprocity that birth certificates are not available, do I still need to provide NABC (Non-Availability of Birth Certificate)?

3- My last question is regarding the affidavit of birth certificate from the close relatives. What does affidavit need to show about affiant's knowledge of birth of beneficiary, besides the date and place of birth and parent's name?

"I have a direct knowledge of XYZ birth because I'm his/her Uncle. We are very close relative and I clearly remember his/her birth"

Is something like above line is good enough?

Thanks,
Chris

++++++++++++++++++From ctanya ++++++++++++++++++++
Hi Rajiv,

Thank you for all the great work you are doing to the community. I recently became US Citizen and planning to sponsor my mother Green Card. She is currently in USA on Travel Visa and is suppose to leave to India in early September. However, due to corona virus situation, We are looking into either extending her visa or apply green card. I have few questions and need your advice:

1.I am planning to apply Green Card for my mother but her last name on my birth certificate is different than her birth certificate, marriage certificate and Passport. My birth certificate has her married last name but her current passport,birth certificate and marriage certificate has her maiden name. Please advise on what additional documentation should i submit to prove that she is my mother and not get rejected.

2.In order to avoid travel during this corona virus time, I wanted to extend her travel visa in as am not sure how long Green Card processing may take? She has valid travel visa until Nov, 2021 and came to US March 6, 2020. She has been frequent visitor to US in recent years and this is 9th year of her Travel Visa. Please advice if it is okay to apply for extension while GC application is submitted? How long should we extend the visa safely without getting rejected? Also, Should we apply for Green Card first and then apply for extension of travel visa or vise versa?

Thank you again,
Tanya
 
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#4
Hi Rajiv,

Hope you are going good in these hard times.

Me, My wife and our first kid is on H1B visa. We are recently blessed with our second kid recently and they are currently in India. All are Indian citizens.

Me, My wife, first kid have visa stamped till Dec 31 2021 (end of 6 year period of H1B), I am in US and my wife, 2 kids in India. Our GC process is in-progress, PERM is approved, I-140 is going to be applied for.

With the new change in the immigration laws, what are my options to get my second kid his visa (h4) ?, as recently most of the visa's were blocked till Dec 31 2020.
 
#5
FAQ: H-4 and H-1 pending “last action rule”
Hi Rajiv,

My wife's H4 and EAD are valid until 7/31. We filed my H1+her H4+her H4EAD extension concurrently in March itself. However, due to COVID, the ASCs are still closed down hence her H4 process is stalled because of no biometric appointment. We got the receipt notices for both H4 and EAD. My H1 got approved till 2023. On the other hand her employer filed for H1B and her application got picked in FY 2021 CAP quota. They filed her H1B petition early this week in premium processing. As of now we have not gotten the receipt notice or approval yet. Following are the scenarios for her H1 and H4 cases:

1. If H1 is approved (then it should start from 10/1) and H4 approval happens sometime later than 10/1 , I am assuming she will automatically be converted to H4 which we don’t want. How do we ensure this does not happen?
2. If H1B gets approved before October 1st, then will she be considered out of status for the period of 7/31 - 9/30 assuming her H4 is not approved before October 1st? If she does not get H4 EAD approval before October 1st, she will need to go on unpaid leave from 7/31. Can she join back on 10/1 with H1 status?
3. If both H1B and H4 get approved before 10/1, then I am assuming she will continue to be on H4 until 9/30 and automatically be on H1 starting 10/1. Is this correct?
 
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#6
Hi Rajiv,

Thank you for your support to the community.
I got layed-off with the termination date set in Aug 2020 and here's my status
I have I-485 Pending (EB3 / downgraded from EB2) with priority date of Jul 2009 and completed GC Interview in Jul 2019. Got GC-EAD and valid till Jan 2022.
As per the Jul visa bulletin, EB2 priority date is 10 days away and EB3 is 40+ days away and i am still on H1B with the current employer where I got layed-off. Here are my questions

- What if my priority date is reached for EB2 in Aug? I understand we need to file interfile request to consider my application under EB2 but is this only be filed by Employer / attorney? or can I individually request this?
- What if the priority date is reached for EB3 in Aug/Sep? what are the options do I have if an RFE is received while I am still in search of Job
- Also do I have to get a job with pay that matches prevailing wage? or can I get lower pay for a different location/state for a similar job?

Thanks in advance,
Prasad
 
#7
FAQ: Quitting job soon after getting green card
Hello Rajiv,

Thanks for all the help and support you are providing to us.

I'm a green card holder, got it in November 2019 through EB2 category rest of the world. I have been working for my employer for about 3 years now. About 7 months of which was with approved green card and before that was on H1B. The process took about 2 years from the PERM to i-485 approval.

Recently my work environment has turned into a nightmare, a lot of stress and sleepless nights. My health is getting impacted. I have decided to quit my job but I have the fear that if I quit after 7 months being on the employer sponsored green card I could get into trouble during my citizenship interview. I also havent been back to home for a decade and havent seen my family for 10 years. I feel like I really need a break. I have below questions if you would kindly answer them:

A) Do you think if I quit my job and go back to my home country for a few months visit then come back and find another job I will get into trouble during my citizenship interview ? or at the border with CBP?

B) What if I find another job first and negotiate a later start date then quit go back for a visit and then come back to start my new job will be a better choice ? or I could still get into trouble at the citizenship time ?

C) I have an LLC registered to my name, If I quit my job and work for myself after 7 months do you think this might cause an issue during my citizenship ?

Thanks Rajiv
Ozma
 
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#8
Dear Rajiv,

I hope you are doing well and thank you so much for all your support to this community through this pandemic. I appreciate and am grateful for all that you do.

My question was regarding the green card status of my parents. They last left the US in January 2020 and were to return back in April. Of course, due to the prevailing situation they could not, and it doesn't look like they will be able to return prior to the 6 months (July). Has there been any guidance from the authorities on how they will handle the unavoidable circumstance in which Green Card holders are not able to return to the US to maintain the residency requirements?

Thank you once again for all your help,
Sanjeev Kale
 
#9
I am a registered nurse and I am in H-4 status now. My I-94 will expire in Aug 2021. I found an employer who sponsored me for the green card. Both my I-140 and I-485 are still pending. However, I got an EAD based on pending I-485.

1. Is it advisible to work on I-485 EAD while I-140 is still pending? Any risk associated with it? Unfortunately, I got an RFE in I-140.

2. If I use the EAD to work and by any chance if I-140 gets denied later, will I loose my H-4 status and have to leave the USA ? Or can I automatically fall back to H-4 status again without leaving USA?

Thanks a lot. I appreciate your suggestion.

Regards,

Gita Dahal
 
#10
Hello Raiv,

Thanks for taking your time & looking in to this.
My Question: Lost H4 EAD card which has approval till June 2022 & applied for a new one in Feb 2020 ( got the receipt) under Lost/Stolen.
Recently got a job & the employer is asking for EAD card, do have a soft copy, but for I9 form they are requesting to show the original.

1) If employer is ok can we work, since the card has validity till June 2022?
2) it's been more than 90 days since we got the receipt, can we contact USICS ?
3) In USCIS website, it says employer can accept receipt for lost EAD cards , which is valid till 90 days, what happens after 90 days, can I still work , if employer is ok ?
4) If I continue to work after 90 days , will there be a problem?


Please advise for options, Greatly appreciate your help & time!

Thanks!
 
#11
Hello Rajiv Sir,
Quick question. After filing the H1B amedment to USCIS due to change of location, can I start working from the new location immediately from the day its filed to USCIS or, wait till the receipt notice (I797C) from USCIS or, wait till the amendment gets approved to work from the new location?

Thank you.
 
#12
FAQ: B-1/B-2 pending status, apply for H-1B
My H1b valid up-to 08/2021 , I94 up-to 05/2021- due to passport validity,
last day worked up-to 04/07 was paid up-to 04/22 for my PTO,
applied for B2 on 06/22. Will this be considered in status.
How will a H1B application from a new employer will be treated in below two scenarios ?
1. After B2 applied but not yet approved
2. H1 filed after B2 is approved.

Is filing a premium processing petition advisable ?
 
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#13
FAQ: STEM OPT Extension: Third part site placements
I graduated in 2019 and I am currently on my post completion OPT. I am currently employed by a Clinical Research consultancy that has placed me at a client site for a 6 month contract. I am applying for the STEM OPT extension but the university office sent me a notice which I have attached below.

Potential Employer Issue:
PLEASE NOTE
: I noticed that you will be working for a client that is different from your employer. This may be considered third-party employment. This may potentially be problematic for you. While it does not prevent us from recommending you for the STEM extension, USCIS may not approve your STEM application. If you and your employer have doubts about the bonafide nature of your employment arrangement, I recommend that you consult with an immigration attorney who should have broader knowledge of the regulatory framework (not just limited by F-1 OPT/STEM regulations).

1.) How do I determine if my current employment is bonafide ?
2.) Should I apply for the extension and deal with a potential RFI ?
3.) Is there something I can do to prepare for a potential RFI ?
 
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#14
Hi Rajiv Sir,
I am in H1B visa and My I-140 is approved and priority date is 2014.
my employer/company is not doing good, and looks like it is going to be closed.

If my company is closed , what will happen to my I-140 and i heard that one of my friends told me that
i can apply EAD under special circumstances, is it true?

Thanks
 
#15
Dear Rajiv,
This is a follow up to a question that I had in a previous thread which was discussed. My son ages out of the H4 status before he completes his four year degree. If his college agrees to file for F1 status in time, I am concerned about the immigrant intent issue with the F1, I had filed for I-485, back in 2007,which was subsequently denied, as my I-140 was denied due to some issues with the Labor application that was filed, and I have now an approved I-140 with a new employer. I have spend considerable amount of money out of pocket for his education. What are the changes of his change of status being denied? What are the other options if his change of status is denied for him to complete his last year of education?


Thanks.
 
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