Recording Available for March 19, 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: 02 April 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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dibbi

New Member
#2
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? What if my priority date does not become current before my L1A expiry?
I am on an L1A visa and already took one extension and the 7 year maximum period ends in 3 more years. My I-140 under EB1 was filed with a priority date Jul 2018. With the recent retrogression in EB1 for Indians, I am wondering what happens if the priority date does not reach in the time. My wife is also employed with L2 EAD. Here are my questions:

1. Should I be trying H1B as a safety net ? If I do, will I get moved from EB1 to EB2 ? If that happens, green card wait is almost forever.
2. Should my wife try for H1B ? that way, I can continue with my L1A visa and maintain my EB1
3. Is there any maximum number of tries for H1B?
3. If neither me nor my wife manage to get a H1B visa in next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? If so, how can I do that ? What visa will I come back with?
 
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#3
FAQ: Loss of job/laid off during Covid/coronavirus times
Dear Sir,

My PD is May 24, 2009.
H1B I-797 is valid till March 2021 ( no visa stamp in passport).
GC EAD is applied for renewal on Nov 11, 2019

I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.

Questions:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?

Thanks in advance.

%%%%%%%%%%%%%%%%%%% FROM RAJ %%%%%%%
Hi Rajiv Ji,

I am on H1b with approved I140 but was laid off in Jan 2020. Currently in 60 days grace period. Found new employer who is preparing my H1b petition in premium filing. The sponsoring company's attorney is saying they have to file the petition in consular processing and not in change of extension as I was laid off - gap in employment. Please note I have valid H1 Visa stamp until Mar 2021 and I94 till Mar 2021 from previous employer.

First question: As my I94 is valid is it required to file in consular? can’t they do in change of status or extension of status - nun tuc proc

Secondly if they file under consular I have following three questions.

1. Do I need to go to for new Visa stamping process( biometrics and interview) to get new stamp and then come back to US

2. Can I just go outside US and come back to US without Visa stamping process. Meaning at port of entry show new would be approved petition and old valid Visa and get new I 94 with new validity ( any possible issues at airport and US POE here).

3. In either or above cases do I need to go my home country - India (for stamping or just come back without stamping ) or I can go to other countries .e.g. Can I go to Canada or Mexico ( I read with valid US Visa can go to Mexico without Mexico Visitor Visa)

Thanks Much,
Regards,
Raj

Can FMLA be used by an employer to retain the employee and save on cost for 12 weeks during this Corona Crisis.

I have an approved I-140. If i lose my job and if i don't find a new job in next next 60 days then i understand that I have to leave back to india. If i have to come back to US, what are my option ? Are there any advantages that I have an approved I-140 ? Do i have to apply to H1 again in the lottery system ?

%%%%%%%%%%%%%%% FROM nikhilh1 %%%%%%%%%%%
 
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#4
Dear Sir,

My PD is May 24, 2009 - EB2 India
H1B I-797 is valid till March 2021 ( no visa stamp in passport).
GC EAD is applied for renewal on Nov 11, 2019

I lost job and my last date of employment with the employer is March 20, 2020. This employer sponsored H1B and also had ported GC AOS in 2018.

Questions:
1. After my last date of employment (March 20, 2020), how much time do I have to transfer H1B and I-487 to a new employer?
2. Will losing the job affect the EAD renewal in processing?
3. How would it affect I-487 application, which can become current any time soon?

Thanks in advance.
GC is processed under India EB2 category.
 
#5
Hi Rajiv,

Background:
I have been working for my current non-profit employer A on a cap-exempt H1b.
I am currently on 6th year of cap-exempt H1b.
My i140 is on track to be approved in a few months.
I have never been counted in the cap-subject H1b(lottery)
I have a for profit employer B which has an opening and is willing to file my cap subject H1b lottery this year.

If my cap-subject H1b(lottery) is approved for employer B it will be approved for a limited time of few months (remaining time in 6 years).

Question 1 : WIll I be eligible for a 3 year extension based on approved i140 which was filed by a non-profit employer A if I am now working for a for-profit employer(assuming my H1 is picked up in lottery this year)?
Question 2: Will I have to first get my 3 year extension on cap-exempt H1b(based on i140) and then move to working on cap-subject H1b(assuming my H1 is picked up in lottery this year)?
Question 3: Should I wait for 180 days after my i140 is approved with cap-exempt h1b before moving to a cap-subject h1b?
Question 4 : Follow up to question 3, If my h1b is picked up in lottery, when can I begin working for new employer B? October 1st?
 
#6
Dear Mr Rajiv,

I have applied my new H1 via the vendor through which I am working for the client i.e thourgh the middle vendor. However, my current H1 is still with my old employer. I am still on the payroll with my old employer only and did not move to the new one on the receipt as was waiting first to get the H1 approved with new employer.

However, H1 with the new employer has been denied and the new employer has opened MTR ( motion to re-open) with USCIS. Now the extension with the old employer is due and I have to process for the H1 extension now.

My question is, can I apply for H1 extension with my old employer while MTR is open with new employer. Or the new employer has to close the case with USCIS before I go for the H1 extension with old employer. Also at the time of filing H1 extension, is it mandatory to declare that my H1 with a new employer is denied and in MTR state. Please advise as I am worried and hesitant to let my old employer know that I have applied for new H1 which has been denied.

Thanks
Abdul

Another set of qos from Abdul:

Dear Mr Rajiv,

I have applied my new H1 via the vendor through which I am working for the client i.e through the middle vendor. However, my current H1 is still with my old employer. I am still on the payroll with my old employer only and did not move to the new one on the receipt as was waiting first to get the H1 approved with new employer.

However, H1 with the new employer has been denied and the new employer has opened MTR ( motion to re-open) with USCIS. Now the extension with the old employer is due and I have to process for the H1 extension now.

My question is, can I apply for H1 extension with my old employer while MTR is open with new employer. Or the new employer has to close the case with USCIS before I go for the H1 extension with old employer. Also at the time of filing H1 extension, is it mandatory to declare that my H1 with a new employer is denied and in MTR state. Please advise as I am worried and hesitant to let my old employer know that I have applied for new H1 which has been denied.

Do my current employer apply for LCA again for the H1 extension or previous LCA is enough. if new LCA need to be applied then would it new H1 petition declaration also or both H1 are independent.

Thanks
Abdul
 
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#7
Currently with employer A and joining employer B , exactly right after 2 years will join back employer A, but employer A withdraws approved i-140 as soon as I leave.
But once I join employer A after 2 years - does A need to re-file / file (PERM and i-140) again to retain priority date OR just file (i-140 alone again) to retain priority date ?

Pls answer - Thansk.

Currently working for employer B and in 8th year now with approved i-140 from employer A, and now H1 extension is due but last month - employer A withdrawn / revoked i-140, so will I be able to extend H1B being in 8th year now ?
 
#8
Dear Rajiv Ji,

Details:
  • I-140 approved with employer A.
  • Visa stamped until Mar 2020 Employer B and I94 till July 2021 from current employer C.
I am on H1b with employer C, I have approved I140 from employer A (Previous employer) but was laid off in Feb 28 2020. Currently i am in 60 days grace period. Found new employers D and E who is preparing my H1b petitions in premium filing.

1. As my I-94 is valid?
2. Can I join any employer D or E? Is there any restrictions or details I need to know.

%%%%%%%%%%%%%%%%%% FROM SXK2 %%%%%%%%%%%%%%%%

Hello Rajiv ji,
Details of my case:
Got laid off from Employer A (Worked 12 years for them on H1 with an approved I-140) on Jan 21st, 2020 and currently within 60 days of grace period. Found employer B who is filing for the H1-B transfer on Monday March 16th in premium processing. Based on Fed Ex receipt, I plan to start working with Employer B on March 19 (within 60 days grace period). Also, want to mention that my spouse is working on H1 as well. Have following questions:
1. What are my options if say the H1-B from Employer B gets rejected in the next 3 weeks for some reason ? At that point, I’ll be beyond my 60 days of grace period to be able to apply for change of status to H4 within the US.
2. Is it going to be an issue getting the H4 stamped in India at the consulate when I have worked on H1 for 12 years and have an approved I-140 immigration petition and now going for an H4 visa interview?? What are the risks of getting an H4 denial at that time ? Do you have any recommendations ??

Thanks for your help,
Regards,
SK.
 
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#9
Hello Rajiv Ji,

My EAD/AP is going to expire on 11/20/20 .
Can my dependents travel to home country and travel back to USA couple days before the validity of the current AP (11/18/20). Consider that we apply the EAD/AP renewals before they leave USA though.

Pls. help let us know..

-Thanks,
 
#10
Rajiv ji,

485 filed on 1st Nov 2019. Received EAD card with Advanced Parole. My current H1B expires in October 2021. EAD valid until March 2021.

I got a better job offer from a employer B. FYI.. employer B also filed perm for me awhile. I-140 is pending.

1. What is the best way to switch to new employer? H1B transfer or AC21?
2. Does H1B get revoked if I use AC21? I am under the impression that H1B will be cancelled once I use my EAD/Parole. Is this correct?
3. I understand that I can keep renewing H1B until I get green card with out using EAD/Parole to work if I stick to my existing employer. Is it possible to do the same with new employer "B"?

Thanks for your help.
 
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