Recording Available, January 10, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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: 24, January 2019
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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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Hello Rajeev,
I entered USA in Feb 2013 first time. I had 1 extension and then my H1 was denied extension in March 2018. My last stamped VISA was up until July 2017 and after that I was working while extension was in progress.. (240 day rule, etc)
My question is what is my total H1 term
1) Till March 2018
2) Till July 2017

Basically, I want to know by how much time I have left in my current 6 yr H1 B VISA Term. (estimated, not actual)
 
FAQ: The logistics of porting a priority date, how to?
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Hi Rajeev,

I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested.
Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.

What do you suggest me to do?

Thanks,
Suchit
 
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FAQ: Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases
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My priority date is 2013. I had one misdemeanor case in 2015 and within 2 months of time, case was dismissed by judge and judge issued expunged order also same time. I have not disclosed this to my present company.

Question1: Can I file 485 without involving my present company and company attorney ? if yes where I can find some more information ?

Question2: Do I need to submit all the document to Immigration officer ? I have sentencing certified copy and expunging record, do I need to get ' An original official statement by the arresting agency' and 'complete arrest record' ? as case was expunged, so I may not able to get the this document.

Question3: Any suggestion, by which I should not face any problem with my 485 and green card ?

485 Criminal History of either applicant, if any:
  • An original official statement by the arresting agency or applicable court order
  • confirming that no charges were filed.
  • An original or court-certified copy of the complete arrest record and/or
  • disposition for each incident.
  • An original or court-certified copy of the sentencing record for each incident.
  • Evidence that you completed your sentence such as an original or certified copy
  • of your probation or parole record; or evidence that you completed an alternative
  • sentencing program or rehabilitative program.
  • An original or court-certified copy of the court order vacating, setting aside,
  • sealing, expunging, or otherwise removing the arrest or conviction; or an original
statement from the court that no record exists of your arrest or conviction.
 
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FAQ: What to do when the 240 days H-1B work authorization is expiring?
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Hello Rajiv ji- Thanks for taking community's questions. My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :

1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?

Thanks,
Shanil
 
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FAQ: Downgrading a case from EB2 to EB3 for priority date advantage
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Hello Sir,
I am with My current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.
1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling?
2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
3) How long it will take?
4) Also any disadvantages of doing this? Please explain. Thanks a lot.
 
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Hi Mr Rajiv,
I was working as a dentist for an employer A on H1B and he filed for my PERM and I-140 EB2 from another office B in 2010. Both the offices were sold to another company in 2012 and the FEIN did not change at that time. However, 2 years later the FEIN for my sponsoring dental office changed in 2014 even though it was the same owner running the same office after the change in FIEN.
My questions are:
1. Can we file an amended I-140 (successor in interest, assuming we meet all criteria for SII) and at the same time downgrade to EB3?
2. If yes to question 1, can we file I-485 concurrently if the date is current?
 
Hi.
I would like to know if my husband can transfer to me his petition for my son? If not, can I petition my spn again through me?
The case was received last March 29,2017,
with WAC*****
 
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Hello,
I would like to know more about s visa and procedure to apply as well as what is the eligibility for it?
I am aware of it as it is provided you give information to the government about criminal activity.
There are schools which lure students on false pretences of getting them f1 visa when the schools are not authorized for it and once students are enrolled they would threaten and extort money on the basis that they would cancel their status. They know that students would not report them as they are scared to loose their status and would pay them.
Would this kind of information be eligible for an s visa?
Thank you!
 
roadtrain64 said:
Hello Sir,
I am with My current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.

1) When I asked my employer to file me under EB-3 concurrently without affecting my existing EB-2 filling, here is what they said.
(Pursuing EB-3 (with different minimum requirements), the company would in essence be ‘demoting’ me to a lower job.
And when it comes time for the I-485 adj. of status interview at the USCIS, the interviewing officer ask why I got demoted and with demotion, why would the employer still want to sponsor me? (because demotion usually means the worker is not doing a good job.)
How true is that?? Because if thats true then why so many other people are switching from EB2 to EB3 fearlessly??

2) Also My employer says if you want to downgrade, pursuing a EB-3 case will require starting from the beginning – recruitment/ wage determination/PERM filing/and I-140 filing. But I heard you just have to file I-140 and you can use EB-2 labor\perm etc.
Does that mean my employer dont want to do it and giving me other reasons??

4) Are there any other risks or disadvantages of doing this? Please explain. Thanks a lot.
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Hi Rajiv,
Currently I am working on H1b Extension receipt . I-140 approved.

1) 240 days being completed by Feb 20 2019
2) Extension filed in Apr 2018 (Same employer, Same Client). I94 expired in July 2018
3) Receipt transferred from California to Nebraska on Oct 30 2018.
4) Received RFE on Nov 16th
5) Employer responded to RFE on Dec 19th.

Questions:
1) Am I allowed to convert to Premium if I don't get result by Jan 15th?.

Regards.
 
Hi Rajiv,

I am working on H1B visa, have I-797 till SEP 2020.

Quick Background:
I am in US from 2008 till now.

Was in L1B from 2008 to 2013.
H1B from 2013 till now.
GC-EB2 in process. Priority Date Feb 2014.
On 2014 when my visa max out(Jun 2014) and while waiting for I140 approval, to prolong my stay I applied for F1.
I140 approved - on aug 2014
F1 denied - on sep 2014 - as I have not responded for intent to deny, it got automatically denied.
From Jun 2014 to Sep 2014 - I was attending a school based on F1 receipt.
H1B approved - on sep 2014 (validity till 2017) (got visa stamped from India with out any issue)
H1B Extension approved till 2020.

Question:
Planning to go for a vacation to India. I have to go for a stamping, as there are too many rejections in Stamping these days I wanted to know what is the probability of my case visa getting stamped? Does my case worsen the possibility of visa getting stamped?
If rejection rate of visa stamping from India is more shall I try get my visa stamped from Canada?
 
Hi Rajiv,
1. I have EB2 India PD is Sep 2010. My kid will age out in Apr 2019. I applied for the kid's H4 to F1 transfer and the I-539 application went to Texas Service Center. I don't find any processing times posted on USCIS website for Texas Service Center I-539, do you have any idea about processing times for TSC I-539 or how to get this information?
2. I also applied EB2 to EB3 transfer I-140. If the I-140 application is still in process and PD becomes current, is there anything that can be done to make use of the opportunity and file I-485, like I-140 premium processing? Or can I-485 be filed assuming concurrent filing with I-140 is allowed when PD is current?
3. If the kid ages out and the EB3 I-140 is still in process, will the processing time after the kid turned 21 also be deducted from his age to calculate CSPA age?

Please advise.
Thanks.
 
Hi Rajiv
My employer filed I-129, H-1B and we had an RFE that asked for itinerary of services and duties that I perform at client and employer location. My employer is a direct vendor to client. Employer sent RFE response with Master Services Agreement (MSA), Task List at client, timesheets, copy of beneficiary's billable time at client along with other supporting documents. However, USCIS sent a decision denying visa saying MSA stated that "contract is effective for 2 years" and LCA which employer submitted is requesting 3 years of visa for beneficiary. They questioned in the decision asking where my duties will be for remaining one year(either at client or consulting place). Consulting company has decided to file an appeal and are yet to send supporting documents for the same. They are confused as to how to show "duties to be performed" with the nature of consulting job.

1. What documents should we send for appeal?
2. Will I be eligible for next time filing in case my appeal is in progress?
3. What's the response and success rate of appeal?
 
Hi Rajiv,

Hope you are doing good!!!

I am into fourth year of H1b. My i-140 is approved under Eb1C in May 2018 and my attorney is waiting since Apr 2018 for the Eb1C window to be current for filing the I-485.
Meanwhile my client changed but the employer is still the same. Hence my employer applied for my H1b petition amendment and extension which was expiring on 1-Dec-2018 due to change in client and location. On Dec 11 my H1b is denied. Please help me with my question.
  1. As i have to go back to India immediately, What would happen to my green card processing?
    1. I heard of Counselor processing of green card at the home country consulates. Would this processing still hold good in my case.
    2. What is AC140 and can it be applied in my case?
  2. Would the H1b denial impact my approved I-140?
  3. Can i apply an H1b extension from my home country (India)? Would it be a cap exempt or cap H1b?
    1. If yes what is the cooling period, before i start the process.
  4. I am planning to apply for Canadian PR, would this still impact my US green card process, in case if my employer agrees to process my GC case through counselor process?
Thanks & Regards
 
Hello Rajiv,

I received conditional green card via marriage to US citizen when we were married.

I later filled to remove conditional status on my own and not joint petition when we were separated.

We still do not have divorce decree and case is going on.

- Does USCIS need final divorce decree to remove conditions permanently on green card?

- Is there a time frame which is given by USCIS to submit divorce decree even after interview and if not submitted, can they reject/cancel green card?

Thanks,
 
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