Recording Available for June 11, 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: 25 June 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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Question on filling I-693 form for derivative beneficiary who is autistic (No harmful behavior,no medical prescription )
How do we add derivative beneficiary to existing case number (approved I 130 petition )
 
Hello, I want to ask about switching from G-4 to F-1 student visa while being inside the US.
From what I understand about the process, first, the I-566 form needs to be filed with the State Department. Once they endorse the forms, the I-539 application is to be filled to change the status to F-1. However, this is a 4-6 month process. So my question is, can I start school while this process has begun? Or can I only start after the change of status is completed?
Will I be out of status in this process at any point?
 
Hi Rajiv,

My question is regarding Cross-chargeability and how it might apply to the following situation.
Mr. A : Indian citizen on H1B in the U.S. I-140 approved under EB3 with PD of Aug 2019
Miss B: DACA recipient from Mexico. Came to the U.S as a Baby in 1992. 4 siblings all USC. Parents are not.
Mr A and Miss B are dating for over 5 years.

Question:
1. What is the best course of action for them both to expedite their way to GC ?
2. If they get married, would it be best if she moves to an H4 status under Mr. A and they can use Cross chargeability to get ahead of the backlog ?
3. Mr A has a masters but got H1B before he graduated. Would porting to EB2 help in any way ?
4. Mr A might be moving roles (within the company) into Management (Software Engineering -> Engineering Manager). Would he need new LCA and new H1B approval ?
5. When is the best time to add Miss B onto Mr A's visa as a dependent ?
6. Will Miss B loose her DACA status or can she be both DACA and H4 at the same time ?
7. Mr. A has been using the Companies immigration services for questions. In this scenario, will the company immigration team help ( as they sponsored the PERM) or will the couple have to seek legal counsel outside the company and apply externally ?

Thank you for taking my question. I really appreciate the work you are doing for community.
- Thank you for helping.
 
hi please i want to ask a question about my educational background.
i passed in all my core subjects English, Mathematics, Science and social studies. passed two electives and failed 2 electives which i actually dont need please would i be eligible.
 
Hello Mr Rajiv,
Thanks for this platform. I am Subhshri Sahu.
1). I recently applied for H4 on March 23 2020, on my spouses H1b that was only until July 21st 2020. I am still waiting for it verdict on it. Now a new H1b has been filed and approved for my spouse that goes till July 21st 2021. My H4 hat was filed on March 23 202o, has not been approved. Hence My question is am I allowed to apply for a new H4 based on the new H1b while my previous H4 has not been approved or can I change date on my exiting H4 application filed on March 23 2020 as it has not be adjudicated yet..
2). Recently my spouse's i140 has been approved and I was wondering if I can apply for H4 EAD as well now or do I have to wait till H4 is approved?
3) Can H4 and H4 EAD be filed concurrently.
Please advice. Thanks a lot
 
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FAQ: Change in job roles while green card is pending
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Question from our Community Member:

1. My i-140 has been approved for almost 2 years now with priority date of Feb. 2018. Before it becomes current, meantime if I change job role or location(shift to another plant) but same employer it needs H1-B amendment I understand, but how about approved PERM/i-140? will employer need to redo that for change of position; or change of location even if position is same?

2. Alternatively, if I completely change employer, and new H1-B is approved, is it valid for another 3 more years from then (even if my first 6 years of H-1B may end before) based on previous job's i-140 being approved over 180 days? and in that new H-1B approval time, does new employer have to get new i-140 approved so they can keep extending their H-1B further? or for renewing spouse's H4 EAD, if that expires meantime? can H4 EAD be always be renewed even on old approved i-140?

3. What happens if priority dates happen to become current but new job's PERM or i-140 is not approved yet. Can one still file for i-485 right away, when date is current based on old approved i-140? Or one has to wait until new i-140 is approved(with old priority date retained) and only then try luck to file i-485 hoping date has not retrogress?

4. Last case, if I stay in same job with current approved i-140, and dates become current to file i-485. After the i-485 filing, must one wait 180 days from that time, to get AC21 portability if I change jobs post i-485 filing for new employer? Or right after i-485 filing, a new employer can hire without new i-140 just with supplement J?

Thanks a lot again for your valuable help, to get clarity and decide on employment opportunities in these crucial career building years!

Neeraj Joshi
 
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I am on a J1 student who did a master's here and have academic training till July 2021. I got a PhD offer from a university and planning to transfer my sevis from my current school to a new school. unfortunately, I didn't know that once I got 212e approved I cant transfer my SEVIS. if I request a change of my visa status from J1 to F1 now, can I start a new school even my case is pending with USCIS? if yes what are the chances of approving F1 visa considering the fact, I got a 100% tuition assistantship and my DS 2019 valid through July 2021.
Thanks a lot. Stay safe
 
Hello Rajiv, thanks for your succinct answers in the forum.
Our case
L1-A valid till March 2022
Eb1C priority date Jan 2018, concurrent filing for all family .I140 approved in 2018, interview for I485 in March 2019.
son is on EAD and got employment in US, he’s protected as of now for GC ( he was on F1 studying in US for stem engineering , he is on AOS now and has used EAD for internship already). If I need to move out of country due to job reasons abandoning my GC . what are his options to continue on Job In US on his own accord ? can u use OPT / H1B route? Or should I just keep my AOS and continue my GC abroad through counselor process? Thanks for your guidance
 
Hi,
I posted this question on 05/28 week, but didn't get a chance to join the audio, hence posting again.


My current employer filed my H1 extension. It is approved and should receive the notice in a week or 2. I did apply H4 extension for my partner based on this H1. While appIying for this H4 extension on USCIS website, I didn't see an option to reference my H1b petition #. Nevertheless USCIS scheduled a fingerprinting session but cancelled due to the pandemic.

I have a new employer who filed another H1b(extension) who I hope to join soon.

Questions
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a) Should I apply another H4 extension based on my future employer's H1B?

b) Will there be any conflict/denial if we apply for H4 extension a second time?
 
Laid off on H1B , Not sure if my visa is revoked by employer.
1. In case employer revokes the visa any time after 60 days of last working day, will I get 60 days from the day it is revoked and is there any way to check and confirm this at USCIS?
2. If I apply to B2, Can I come back on same H1B after exiting and re-entering US and in case the visa is still not cancelled by that time.
3.My apprehension is if I file for B2 and if this get approved this will terminate my H1B status and I will not be able to join employer in case my existing visa has not been revoked neither will be able to file for any transfer petition
 
I started working on H4 EAD this June 2020 with company A. The same company applied for my H1 this year, it got picked.

Q1. Considering the H1B gets approved and i work on the H1B for sometime. Can i switch back to H4EAD? If yes, What is the procedure for that?
Also, if i just use lets say an year on this approved H1B and switch back to H4 EAD and continue working. Will it save the rest of 5 years of my H1B to utilize later?
Q2. Considering the H1B gets approved and i utlilize the tenure its approved for. Once the time of extension comes and if it gets denied. Can i switch back to H4 EAD?
 
Hi Rajiv,

I have GC based EAD card and H1B Visa. I got a new job and planning to join on EAD. Does it revoke my H1B status?

if my Green Card application is denied, should I be able to continue on H1B visa? If not, how long I can stay in US or what is the next step?
 
Hello Rajiv ji,

Q1) My in laws are here on B1 visitor visa. I am planning to apply for their extension. Is this 6 month extension is one time thing or they can apply for 6 months extension again in future if needed ? If the visa extension is denied, complete visa is denied or only affects current stay ?

Q2) My wife is on H4 EAD, she got laid off from job sometime ago. Is she allowed to file for unemployment benefits ? does this new rule of USCIS public charge affects H4 also ?

Q3) My wife has approved H1b in 2014 lottery, but she left US before October 1 and came back in December 2014 on H4, she never worked on H1b. She again filed two more H1b in 2016 and 2017, both picked in lottery, got RFE and ultimately denied. Is it possible if she can reuse her approved H1b of 2014 ?
 
Hello Rajiv ji,

My employer furloughed me (unpaid leave on papers) 2 months ago. Employer is paying for health care cost whole time and H1b is not revoked. Now they are calling me to join back in July 1st week.
Q1) Last day of payroll was April 10, does 60 day grace period started for me ?
Q2) If employer starts processing payroll again in July, is there any way I can check if my status is fine and will not create any problem in future for extension or amendment ?
Q3) Also my employer is planning to reduce my salary by 25% only for next 3-4 months. My salary mentioned in LCA comes under Level Wage 4 currently, after this salary reduction salary will come into Level wage 3. Does employer needs to file amendment ?
 
Hello Sir,
Thanks for hosting free public forum every two weeks, and helping so many people like me who are confused with constant changes with immigration policies.

I am on H1B (valid till Sept 2021) with my amendment being filed as I changed location, with GC-Labor in progress.
My spouse is also on H1B (valid till July 2020, and extension getting filed next week) with i140 approved this year on EB1C.

Wanted to know if it is advisable for me to continue my H1B/GC process or, can I change to H4/EAD once my Spouse's extension is approved?
Changing to EAD will give me flexibility in terms of working for different clients without worrying about filing amendment or extension (also probably will make the job search easier), but it will jeopardize the h1b status if for any reason in future my spouse's h1b/gc gets into some kind of issues (long term).

Also, I heard about GC portability, so should I still go ahead with my GC process and get the i140 approved on my H1B, and then when my spouse's priority date becomes current/when filing for i485, I can then change to H4?

Please advice.

Thank you.
 
FAQ: H-1B Working for multiple clients through the same consulting company
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Hi Sir:
I am on H1b visa with a employer(Consultancy). Can I work for 2 different clients under my employer? Do I need to file an amendment and does it need to be approved before I start working on the 2nd job? Or Can I work after the new amendment is just filed and is in pending status?
Thanks,
Rajesh.
 
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FAQ: H-1B taking unpaid leave: COVID, Status, maternity/paternity
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Hi Rajiv Sir,

Thank you for your time and advice. I'm currently on H1 and my wife is on H4. We recently had a baby about 6 months ago. My company's policy is two weeks of paid leave and 6 months of unpaid paternal leave or sabbatical for all employees for new borns. Can I request a 3-6 months unpaid leave now without affecting my h1 status? Thank you.
 
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