Recording Available for May 28, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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: 11 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.

 

[Jay_pk]

I have I140 approved in EB2 from
employer A with software Engineer as designation.

Currently I am working for employer B on h1b in USA.

Now Employer A is planning to rehire me on h1b as PRODUCT MANAGER in USA bcz I have 8 years experience developing the their product.

After rejoining employer A, I have to work for 1 plus year managing 3 other employee in one of their office(branch) in South America and will continue to receive my USA salary.

Will I be eligible to port from EB2 to EB1 after I come back from latin America assignment?
After coming back to USA, can I continue to remotely manage the team in Latin America, if EB1 filing is in process?

 

[SAF_777]

FAQ: Applying for I-485 through a past employer or through a new employer

Hi Rajiv, thank you for your time and informative sessions. I'm currently on H1 with employer A and approved I-140 waiting on priority date to get current. Due to current situation, I'm considering changing jobs to employer B

1) New employer B will start gc process only after a year or so. In the meantime, if my priority date becomes current, can we file i-485 with my previous employer A with intent to work for them if 485 is approved?

2) If New employer B is willing to provide employment offer for a job similar to the old approved i-140, can that be used to file i-485? In case employer A goes out of business or may not have that position available anymore?

 

[Rajivsiva]

FAQ: L-1A moving back to home country with green card pending

Hi Rajiv, I am on L1A since oct 2014 ,valid through March 2022( maximum), GC Eb1 concurrently filed in Jan 2018 for self and dependents ( wife, son dob 10/1998 , daughter dob 7/2005). Interview was conducted in April 2019. Request guidance on following scenarios in case I have to move back to home country due to change in employment situation in US Staying with same company .1) can we apply for accelerated processing ? 2) can I continue pursuing the GC process staying out of US? 3) can family stay back in US and can my son who has a job in US with effect from June 2020 to continue with EAD ( he is also on AoS under my principle application) if I leave US If NOT what are his options without leaving US ( his F1 is not valid after we applied for his AoS and he started using his EAD) .thank you for your guidance .

 

[RamRM]

FAQ: Can green card be applied for an old job under international manager EB1C category?

Hi Rajiv,
Good day.
Am on H1, since 2011, waiting for my I-140 under EB-2 to become current. I worked in managerial capacity abroad from 2008-2011, before coming to the US. Both employments were with the same firms. I continue working for the same firm. Can I now file a petition under EB 1 C, as a multinational manager?

 

[kalesan]

FAQ: Applying for naturalization/citizenship under Trump administration

Hi Rajiv,
I am eligible for naturalization. I am wondering whether the chances of being denied are greater at this time. What do you think based on current applications? I would really appreciate any advice and tips for a successful application.

 

[ChandiK]

FAQ: Effect on H-1B of working from outside the USA

Hi Sir,
I am Canadian PR, working for a US company on an H1B. I live in Canada, and I used to commute to US daily for work. I pay taxes both in US and Canada.
During Covid, since my work is non-essential, I can't commute anymore, and I am working from home from Canada on US payroll. Is there a limitation to this and is it allowed for H1B workers to work from outside the State/Country?

Thanks

 

[I Prasad]

FAQ: Laid off on L-1A

Hello Mr. Rajiv,

Following is my timeline.

• July 2014: First Entered this country on Initial blanket L1-A valid till 25th March 2017
• May 2017: L1-A individual petition approved until 25th March 2019
• June 2017: EB3 PERM/LABOR filed
• Feb 2018: EB1-C I140 filed
• June 2018: EB1-C I140 approved
• June 2018: EB3 I140 approved
• Nov 2019: L1-A individual petition approved until 25th March 2021
• 15th May 2020: My employer formally ended my employment and notified me via email. Instead of giving me 4 weeks notice they gave 4 weeks of salary.

Now having lost my job I’ve following questions.

1. Considering current COVID-19 situation how much time do I have before I fall out of status? Or If I’ve to, by which date I should leave this country? How this departure date will be impacted considering there are no flights going back to India.
2. Is there an option to temporarily extend my stay in this country legally/officially? For example, is it possible to apply for in-country Change Of Status from L1-A to B2?
3. What happens to pending EB1-C green card with my employer? Will that stand revoked since I lost my employment with the sponsoring company? Or Could I still be eligible to get Green card when EB1-C priority date becomes current.

Looking forward to your response.

Thanks,
IP.

 

[krishna_007]

FAQ: Laid off while green card is pending

Hello Mr.Rajiv,

I worked for company A and they filed for Green card & received my EAD/AP card 5 years back in EB category.Now still Working on H1B visa for company B.They filed AC21 to port my Green card EAD/AP card.So have EAD/AP card and I-485 pending for past 5+ yrs.

If I lost my job because of Corona situation or any reason now then questions are --
1)How much max time do i hv to find job e.g pending AOS would override over H1B grace period to stay in US?

2)Once company inform H1B termination then do we get RFE for proof of employment for H1B or pending AOS or for both separately?

Thank you!

====================FROM neet_sup=============

Thank you very much Rajiv for taking time for answering our questions.

My question is
I am on GC-EAD (EB1C) / 485J already approved with priority date of July 2016. What happens if I loose job and don't find employment and not able to submit AC21 and priority dates becomes current next month.

Based on the documentation submitted my GC will be sent to my current employers attorney ?
If yes, will it be returned to USCIS ? OR
Will attorney send it to me ? OR
What are the options for me to get GC if attorney does not sends it to ?

 

[Subashk]

Hello Mr. Rajiv
I hope you're safe and healthy in this unprecedented time. I am currently on a J1 visa 212 E applies. I got 212 e waiver last week. I did my masters on a j1 visa and have a work permit till next year June. If I file h1b next year with a multinational company (Assuming h1 gets picked next year fingerscross) how would you address the status (July - Oct)?
I got a scholarship award from India ( I am one among the 16 students throughout India) considering this prestigious award, masters from USA and with a couple of paper publications. I am I eligible for an O1 visa?

 

[Tsharma786]

Hello Rajiv,
My wife and I are on H1B and her extension got an RFE recently and now a days her employer is reluctant on even responding to RFEs in some cases. We did not receive the RFE details yet but thinking to have a back up plan by filling H4+EAD. My questions are:
1. Can we file Change of status H4+EAD in parallel to current H1B petition that got RFE?
2. If we can file the change of status H4+EAD in parallel will that have any impact on current H1B petition (if employer choose to reply RFE or refile) or Vice a versa?

Thanks in advance!
Sid

 

[member24]

Hello Sir,
Can the amendment petition be filed with extension of stay, even one year before the expiry of the current petition?

If so, in case if the 'amendment petition with extension' is denied by USCIS - will the original petition still be valid until the stay date mentioned in the original petition? or Will the stay become invalid if the 'amendment petition with extension' is denied?

Thank you!

 

[uman]

Hi Rajiv,

Here's the situation:

• I am a H1b visa holder. My H1b visa is valid until June 2021
• Feb 2020: I was terminated from my job and went on 60 days grace period
• April 27, 2020: I filed for B2 COS on April 27.
• May 1, 2020: I accepted job offer from a reputed tech company in Bay Area (where I'm currently located)My immigration case manager prefers "consular processing + travel" to activate my H1b status. But that can take 2-5 months.
• My question is would it be better to file a backdated / Nunc Pro Tunc (NPT) H1b transfer petition instead?
• If yes, then how can I convince my case manager to go with this option?
• Attorney's concern is that NPT option would not apply to a transfer scenario as the issue here is filing a timely petition to invoke portability rather than filing a timely petition to extend or change an expiring status.

Thanks!

 

[venaraga]

Hi,

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
------------

a) Should I apply for 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?

 

[ExecTransfer]

My cousin is on F1 visa and graduated this month from a Masters program which qualifies for STEM extension and has applied for the post-completion EAD 2 months prior to graduation but has not received it as yet.
She did 5 months of off campus work during graduate school for internship.

Questions:
1. Does the 5 months of internship get subtracted from the 1 year post completion OPT period?
2. Maximum period of unemployment during OPT seems to be 3 months. Does this mean that if she doesnt receive EAD in time she could be out of status? She is still looking for a position and maybe difficult to find during these times.
3. What backup positions are recommended to avoid being of of status.

 

[monica1]

We are on H1-B visa with priority date 2014 and we are planning to adopt child (1 month old ) in India from an unmarried girl legally. After kid's adoption in India we want to apply for kids visa. What is process to apply adopted kids dependent visa ?
1. Do we need to do any additional adoption process as we are need to apply for dependent visa for kid?
2. How to apply for dependent visa for adopted kid ?
Please guide us.
Thanks

 

[monica1]

Hello Rajiv ji,

I have below doubts if you can please clarify on below points.
1, Can a F1 student work remotely in US for a foreign company as due to current situation am not able to travel and work on site in other country?
2. If not , am I allowed to work for the company without remuneration or accept remuneration in my parents foreign bank account?