Recording Available for June 25, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member
#1

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: 09 July 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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SD29

New Member
#2
My wife and I were planning for either one of us to travel to the US (both of us got the visa issued together). I wanted to enquire if only one of us travelling (instead of both of us travelling) can lead to any potential issues at the time of immigration or with the status of our immigration visa IR 5 ?

My wife and I were planning for either one of us to travel to the US (both of us got the visa issued together). I wanted to enquire if only one of us travelling (instead of both of us travelling) can lead to any potential issues at the time of immigration or with the status of our immigration visa IR 5 ?
Cat: IR5
I’ve decided against travelling before my immigration visa expiration date due to the Covid scare. I wanted to know what should be my next steps when i do intend to actually fly to the US, when things become normal? Do i restart the 1.5-2 year long process of filing a DS-260 and I-864 or can i fill some paperwork to get a renewed immigration visa? If there is a form i can fill, could you please share the link to the same as well.
 

hps

New Member
#3
I have my I-140 approved with a priority date of Feb 2012. I have had a 7th-year extension based on approved I-140. So I have been on H1b from oct 2010 to 2017. With new changes, I am in India since 2017. Moving forward, if my H1B is filled in 2020 will it be cap exempt or will it be count under the cap case.

Thanks in advance for your suggestions.
 
#4
Hello,
I am a LPR of the US...I secured a 2 year
re-entry permit on July 27, 2018 ( which expires on July 27, 2020 )

However in the interim I visited the US last year ( 2019 ) from August 15, 2019 to August 27, 2019..my date of exit from the US for India was August 27, 2019
My dilemma now is ;
1. Should I return to the US by July 27, 2020 (re entry expiration date ) OR
2. Can I plan to arrive by August 25, 2020 ( 364 days from the date of last exit from the US )
I prefer to travel in mid-August ( reach US on August 20, 2020 ) due to certain family and personal reasons as well as the current pandemic . Would I be at risk of losing my green card ? Thanks...Nev Vas
 
#5
FAQ: Religious Worker Visa, premises still under construction
Dear Rajiv,

I appreciate your thoughts regarding the following matter.

The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?

Thank you
 
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#6
FAQ: Students aging out of H-4
Dear Rajiv,
My son is currently a student studying engineering at a 4 year public college in Illinois.
I am working in the US on H1B, and my son is on H4.
The issue is that he turns 21 next year before he would finish his final year in college, and since would age out of the H4

So what are the options he has left to continue his study
Can he change to F1?
What are the caveats to this?
Can he do the adjustment of status in the US, or does he need to travel out of the country?
I've heard that F1 visa processing takes a long time to process, and there is no determinate time - he has about 14 months for him to become 21 years as of now.
When inquired the college said they are not processing the I-20s for Fall 2021 now, only for Spring 2021, and have asked him to wait, what are the consequences of this ?

Thank you
 
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#7
Rajiv ji,

My wife is working full time on H4-EAD. She got selected for H1B 2021 registration from another employer.
She requested for consular processing and not change of status.

He is ready to file in premium processing but he says she might get I-94 along with approval. She doesn't want to change to H1B automatically by Oct 1st and loose the existing Job.

If USCIS issued I-94 by mistake for consular processing, can we request them to change the approval back with out I-94?
What are the possibilities?

Thanks
 
#8
Dear Sir,
My EB1 Priority date is 04/03/2017. I-485 and i-140 applied concurrently. My i-140 is approved in June 2018(after 15 months) by the time approved visa retrogressed and retrogressed again in 2019 before reaching my priority date. As per July 20 visa bulletin, final action dates reached my priority date. But my daughter's age is now 22 years. When I-485 applied her age was 19 years. Does the CPA provide any relaxation/waiver on my daughter's eligibility for Green Card due to retrogression and i-140 approval time? if Yes, Do I need to apply separately any application or it is taken care automatically.
 
#9
Hello Rajiv, I hope you're doing great. I have an issue with my SEVIS transfer from the old school to the new school. I did a master's on a J1 visa with 212e applies. I got 212 e waiver approval last week. When I asked my old school to transfer my SEVIS record. The questions they asked me to verify with immigration attorney are
As I got 212 e waiver school cannot extend my DS-2019, I have DS-2019 till june 2021. My plan is to transfer SEVIS to new school to pursue phD since i don't have extended DS2019, i am planning to change the status to F1.
1) If I transfer my SEVIS to the new school will USCIS revoke my waiver? and would it affect my change of status down the line as I am planning to change my visa status to F1 after my J1 SEVIS transfer to a new school?
 
#10
I have an issue with my SEVIS transfer from the old school to the new school. I did a master's on a J1 visa with 212e applies. I got 212 e waiver approval last week. When I asked my old school to transfer my SEVIS record to pursue a Ph.D. at a new school. The questions they asked me to verify with immigration attorney are

As I got 212 e waiver new school cannot extend my DS-2019, I am currently on Academic training and have DS-2019 till June 2021. My plan is to transfer SEVIS to a new school to pursue a Ph.D. and I am planning to change the status to F1.

1) If I transfer my SEVIS to the new school will USCIS revoke/denied my waiver? and would it affect my change of status down the line as I am planning to change my visa status to F1 after my J1 SEVIS transfer to a new school?

Here is the email from School.

I contacted a colleague that has been working with Exchange Visitors for almost 30 years and this is her response:
Once a waiver is granted, it is looked at as a message, “ Thanks for letting me use a J-1 but I no longer want the privileges and responsibilities.” Therefore, you cannot take another step that gives you new privileges and no responsibilities. Each new DS-2019 requires a signature from the exchange visitor. If you look at the statement they are signing, it states they have no immigrant intent. A waiver is looked at as possible immigrant intent and sure enough, if you try to use the waiver down the line and you have signed after the waiver that you do not intend to immigrate, it can cause an H or PR petition to be denied because of “fraud.” Finally, any time a new institution issues a new DS, there is new funding added and any new funding nullifies any previous waiver. The waiver only applies to DS-2019s that were presented in the waiver process and reviewed for their circumstances. A new DS causes new funding and new circumstances that the State Department has not reviewed and therefore, it is likely USCIS will not consider a waiver valid if it was issued prior to the issuance date on other DS-2019s. All to say I consider it very risky.

Subash, before we process a transfer, I would advise that you speak with an immigration attorney in order to determine how a transfer will affect your waiver. If you transfer then apply for the change of status to F-1, it may cancel the waiver approval and would lead to your change of status application being denied. She suggested that you continue with your AT and apply for the change of status to F-1 with the waiver approval you have now.

I would really appreciate it if you have any thoughts.
 
#11
FAQ: Lawsuit against status denial for CPT users
Dear Rajiv,
Currently, I am in US on F1, doing my seconds masters degree and opted for CPT from day one. I am working for A company and received H1B approval for company B under consular process, filled in 2019.

Because of COVID situation by visa appointment booked for April 2nd week cancelled and I dont know when will the consulates reopen.
Also, my second master's degree is about to finish in August 2020.

What are all options available for me in order to stay & continue working in US and is there any possibility for me to change my status to H1 while staying within US?

Thank you.
 
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#12
FAQ: AC21 portability Supplement J
Hello Rajiv,
I am on EAD eb2 category since last 4 years. My priority date is 23 June 2009 which is going to be current in july. I have to file supp J since I changed my job recently. So couple of questions:

1. Should I wait for USCIS to issue RFE relating to Supp J next month and then file Supp J? My attorney is anyway in the process of creating the Supp J for my change of job but not sure if they can file it before month end.

2. Will USICIS issue an RFE automatically when they see I haven't filed Supp J or should I ask my attorney to open a service request with USCIS for the same?

3. SOC code on my PERM is 15-1211 "Computer Systems Analyst" and the new job SOC code is 15-1252 "Software Developer". Though they are same with respect to major and minor group, they are not same in broad occupation. Will that cause any issues in adjudicating my case?

Thanks.
 
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#13
Dear Sir,
I have an approved I-140 and H1-B since 2018. Now I am planning to switch jobs. I also plan on getting married by the end of 2020. Now once I start my new job, my current employer will probably withdraw my I-140 application. I wanted to ask you if I can still file H4 EAD for my wife once I switch jobs even though my I-140 has been withdrawn but has been approved for more than 180 days?

Thank you.

Dear Sir,
I have an approved I-140 and H1-B since 2018. Now I am planning to switch jobs. I also plan on getting married by the end of 2020. Now once I start my new job, my current employer will probably withdraw my I-140 application. I wanted to ask you if I can still file H4 EAD for my wife once I switch jobs even though my I-140 has been withdrawn but has been approved for more than 180 days?

Thank you.
An additional point I would like to add is that I am still in the first 3 years of my H1-B.
 
#14
FAQ: L-1 and entrepreneurial H-1B
Rajiv,

Thank you so much for these calls. You are a true gift to the community and offer tremendous support during these very uncertain times. Thank you!

I'm Canadian and I've been on a TN for management consulting for 5 years (full time) and part-time for teaching in the past (2014-2019). I was laid off in April from my consulting role and I'm curious about exploring a few additional visa options to expand my job opportunities.

1. Could you please share your overall experiences/thoughts with L visas - specialized knowledge for managers and executives. Would I be able to apply for Director and VP like roles in the US keeping this visa in mind? I can show expertise in several areas.

2. Could you share your thoughts on the Entrepreneur H-1B Visa process and does this H1-B follow the same guidelines for the lottery process in April with work starting in Oct.? Also, do you already need to be on an H1-B with a company in order to then open a business to get the Entrepreneur H-1B Visa or can it be a new company?

Thank you so much
 
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#15
Dear Sir,
I have an approved I-140 and H1-B since 2018. Now I am planning to switch jobs. I also plan on getting married by the end of 2020. Now once I start my new job, my current employer will probably withdraw my I-140 application. I wanted to ask you if I can still file H4 EAD for my wife once I switch jobs even though my I-140 has been withdrawn but has been approved for more than 180 days?

Thank you.
Hello varun.nue, Rajiv ji will address this anyway just if you're looking for answer sooner he discussed this matter in the very 1st query of last 11th June conference call in detail. As that may help you get answer to other possible doubts too. Hope this helps :)
 
#16
FAQ: 60 days grace period of H-1B getting over - F-1 option
Namasté Rajiv ji,
after H-1B job termination, if one can't find new job in 60 days, is changing to F-1 safe option? Does i-20 have to be from uni. for degree level same of higher than previous degree e.g. can MS degree holder opt for associate's degree from community college in business admin./management program or it needs to come for MS/MBA or higher level program? any experience with such situation please share. If you find change of status this route appropriate, would like to consider to avail your service for doing so further as a client.
We all recognize and truly appreciate you going beyond to provide this kind help!

Namasté Rajiv ji,
after H-1B job termination, if one can't find new job in 60 days, is changing to F-1 safe option? Does i-20 have to be from uni. for degree level same of higher than previous degree e.g. can MS degree holder opt for associate's degree from community college in business admin./management program or it needs to come for MS/MBA or higher level program? any experience with such situation please share. If you find change of status this route appropriate, would like to consider to avail your service for doing so further as a client.
We all recognize and truly appreciate you going beyond to provide this kind help!
I meant to ask about degree level requirements for I-20 to go from H-1B to F-1 and then if one gets a H1-B sponsoring job in future can he switch back to H1-B safely (with possible continuation of degree part-time) or will USCIS need us to wait until degre completion to change back to H-1B. Any experience for this F-1 route compared to switching to B-2 (you referred last call, we need to wait to see for change to B-2 status for job loss through this pandemic) However apart from pandemic, previously how have they dealt with changing to B-2? Does we have to support with strong reason while applying for I-539 to justify asking for upto 6month stay?

+++++++++++++++++++FROM SHIV++++++++++++++++

Hi Rajeev ji,
I have a few questions for you-
1) To maintain status if one changes the status to B1/B2 from H1B then again move back to H1B after finding a job -is it consular processing? Do you have to step out of USA and get stamped to begin work?
2) Is H1B 60 days grace period with each employer or for each authorized valid H1B period?
3) Can a person on H1B collect unemployment benefits during the 60 day grace period? Would it adversely impact their future GC/perm processing in any way?

Thank you!
Shiv
 
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mkb3

Registered Users (C)
#17
Hello Rajiv
Hope you are doing well!

My wife's H4 and EAD applications were received by USCIS on March 26 and shows pending. We have not received H4 Biometric appointment letter yet and H4 EAD is also expiring in the first week of August. Should we wait for some time or raise a service request online based on this category (Outside Normal Processing Time)? USCIS Website shows 5-7 months Normal processing time for Nebraska Service Center? Is there any way we can expedite the request?
Thank you
 

intstu

Registered Users (C)
#18
FAQ: Need to amend H-1B for remote work from home
1. To work from home due to the covid situation, do my employer has to file amendment or its okay to do this temporarily?
2. We faced extreme difficulty due to 221g last year and had to stay in india for about a year And kids suffered a lot due to this. My PD is 6/2015 under EB2, don't see any hope in next five years. I have 2 kids born here 8 years old. Any other option I should avail instead of waiting for EB2 india line?

Thank You Rajiv!
 
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#19
FAQ: Part time H-1B
If employer is wanting to hire on H-1B for my specialty Eng. role in my field of my Masters and experience, within the 60 day grace from previous job loss, but current reduced economic situation, does not have enough work for full 40hrs and able to employ/pay reduced hours

in such situation, can they do H1-B petition for part-time? is there min. work hours requirement for LCA or i-129 approval, what's your experience with part-time petitions? as per FLC wage library online, nature of job role and my experience should meet level 2, they may be ready to do level 2 part-time too as that pay rate is about roughly just $ 5/hr more, would you advise to file for level 2 with reduced hour employment to qualify for getting H1-B in this case? Thanks much Rajiv for your service in this tough times of it's kind!
 
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#20
Hello varun.nue, Rajiv ji will address this anyway just if you're looking for answer sooner he discussed this matter in the very 1st query of last 11th June conference call in detail. As that may help you get answer to other possible doubts too. Hope this helps :)
Thank you snehshree for pointing this out. :)
 
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