Recording Available for March 05, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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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.

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: 19 March 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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FAQ: Denial of a tourist/visitors/B visa 214(b)
Dear Rajiv,
Good Day !

Question : Visitor (B2) visa issue

Overview :
#1 : My professor wanted to be a part of an international conference in USA during 2012, hence he applied for Visitor Visa (B2), got rejected in the interview with the reason saying no sufficient funds or proof from candidate coming back. (Consulate : Chennai, India)
He was working as Assistant Professor and also carrying out his PhD work.

#2 : Once again applied in Feb 2020 with all family members (Total 4 people) for Visitor Visa (B2) along with all supporting documents, property documents, employment letter (from company and working as Senior Manager HR).

Wife : Household
Son : Doing engineering and in 2nd year
Daughter : Going to college (10+1)

They have attended the interview at Consulate Kolkata and this time also they failed to get the visa and received a letter stating insufficient proof or financial status that they will come back.

Can you suggest where he is failing to convince the VO as they are applying for Visitor Visa and having all sort of documents to prove of returning to home country.

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I had filled the I-130 for my husband which recently got approved.

Petitioner (Wife): Green card holder USA
Beneficiary (Husband): Permanent Resident of Canada for over 6 years but Citizen of India

As my husband is Permanent Resident of Canada will it be possible for NVC to schedule the interview for green card at the US consulate in CANADA or will they schedule his interview in a consulate in INDIA? Can we mention in our NVC application, the proposed location for the interview? Also, he is in the process of getting citizenship from Canada, only waiting for the oath ceremony.
FAQ: citizenship/naturalization trips of more than six months abroad
N400 Form
I have been scheduled for my interview next month after cancellation of the first one. One thing is thicking in my mind. I took three trips outside the US, and one last more than 6 months but less than one year. I waited for more than 5years since my last entrance which is June 2013 before applying for citizenship. Should I be worried about my interview since I broke the continuity of residency? Any ideas how should I defend myself?

Thank you!
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I have been on F1 visa on a PhD program. On OPT since Aug 2019. I have not graduated yet but have a job (part time) with a University as Lecturer.
My husband has a H1B visa. His I-140 is approved and his H1 visa needs to be renewed in Sep 2020.

I have applied for H4 and H4 EAD which has not been approved yet. By the time the EAD is approved, my husband needs to file his extension.

1) Can I make a second application along with the extension? Does the second application get processed with the first one if it is not yet approved?
2) I work in a State University as part-time lecturer. I doubt if it would convert to full-time. Any possibility of a green acrd approval by EB1A/EB1B/EB2 NIW
I am considering a change of job using job portability (new location in different state) and have AOS status pending for me and dependents.

If this were to happen, I may be in temporary (extended staty hotel) for a few months in a different state before my family moves (due to school etc).

Should I change my address using AR-11 with the temporary address or wait until I have a lease signed for an apartment?

If I change only my address (not dependents as yet) is there a risk that my dependents could have interview appointment separately if one was scheduled during this time?
FAQ: Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I140 Approved.

My Employer is sending to Canadian branch to work for 2 years.

I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager.

Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

What conditions qualify for EB-1C category in my case that I'm missing (If Any)?


-----------------------------FROM Vikas18---------------------------

Hello Mr. Rajiv, Hope you are doing well. My question is regarding the EB-1 1 Year Outside USA Rule, as a Manager.

I am currently employed by an MNC in USA on H1-B Visa, as a Manager. Our headquarters is in Europe. There are 15+ contractors and couple of full time employees reporting to me. If, I spend 1 year outside of US (not continuously), say 5 months every year, as a manager, will I be eligible to file my Green Card in Eb-1 category after I complete 1 year outside US as a manager, still employed by same company. Assuming I meet all other EB-1 requirements of Multi National Manager.


---------------------------------------From nirmalkumarp--------------------

Hello Rajiv Sir,

I am on L1 A Visa in US since 2018 and am completing my 2 years stay in US in May 2020. I am in discussion with my organization requesting them to apply for my GC since I have been working in the same organization in INDIA in Managerial Position for last 12 years. Some one told me that we cannot apply GC if we cross 2 years in US in L1 A since we need to show 1 Yr International Manegerial Experience in the 3 Years which is "One in Three rule".

Please let me know if that is the case and if I need to push my organization to apply for my GC before May 2020 so that I can show the INDIA mangerial experience for 1yr to qualify for the EB1C category.


Is it fine if the Organization take sometime to apply which might be beyond 2 Yr on L1 A in US would that also qualify for EB1 C

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FAQ: Transfer of H-1B while extension is pending
Hello Rajiv ji

My H1b is under extension and it recently got RFE , I-94 is expired , from the current employer A
I have offer from employer B

Question - can H1b transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still?
Will there be any chance that I have to go to India and come back with stamped visa ?
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FAQ: What to do after an H-1B (or L-1) denial
I got my h1b denial on 02/20/2020
H1B expired date : 1/31/2020
I-94 expired date: 2/10/2020
H1B extension denial date: 02/20/2020
H1B filed date: 12/07/2019
H1B RFE date: 12/27/2019
H1B RFE replied date: 02/02/2020

Questions I have
1) How long can i stay ?
2) What are my options, from collected information
1) we have option to file the H1B petition in consular processing
2) we can file appeal
3) can we apply any number of applications ?
4) can we apply both appeal and H1B petition ?
5) can i stay and work if i filed for appeal ?
6) can we withdraw appeal if we have chance to do the both appeal and H1B and H1B got approved

Thank you
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FAQ: Work duration and damages contracts under H-1B
I am a subash completed my master's now working with a company in Nebraska.
In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years.
What happens if I change the company by down the road within these 5 years?

STATEMENT: Offering this position XXXX company agrees we will sponsor you for the H1B status when necessary. In consideration of this sponsorship, both parties understand that you will be employed with XXXXX company for a minimum of 5 yrs.
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i applied for assylum while in north dakota and did my biometrics well , then i requested to chmge address to washingto but upon change , i realised my EAD clock stopped paused at 65 days please advise me what should i do?
will it count again?
will i have y interview scheduled soon?
Hello Rajiv Ji, Good Day.

First of all, thanks a lot for your wonderful community service.
Last March my wife sponsored me for F2A visa and it was at California service center until Jan 2020.
now the I-130 has been moved to Nebraska service center for processing.

My Questions are:
1) Why the case has been moved to another service center?

2) I can see that, the California service center is already processing the cases filed in April 2019, However the Nebraska service center is still processing Dec 2017 filed cases. So now, corresponding to which date my case will be processed?

3) I have plans to study further, when can apply for the MS programs at US universities?
FAQ: I do not have my final degree/diploma certificate/what should I do?
Hi ,
I a currently working on H4 Ead ,and my employer wants to file my H1B this year. For this my attorney needs my degree evaluation, and for this he needs my Post graduation convocation which is missing. I have all my documents for Bachelors (, marksheet , degree certficate and convocation) as well for Post Graduation( , marksheets, degree certificates but missing the convocation for my masters). Is there any solution on this situation?
Thank you very much
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Hello Rajiv Sir,



On May'2019, my company filed an H1-B application extension and amendment with a request for extension up to April 2020, (April 2020 is my 6 year max out date), currently we received an RFE (Speciality Occupation) on this application, for which we are currently gathering documentation for responding.

On August 2019 i have received my I-140 Approval

Question: Can we file a new petition immediately after responding to this RFE without waiting for the decision using the I-140 approval based on Situational change?

Thanks and Regards
Srinivasa Rao
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