Recording Available, January 12, 2017 Community Conference Call with Attorney Rajiv S. Khanna

[monica1]

Rajiv 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: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: Jan 26, 2017
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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.

 

[monica1]

FAQ: New Regulations Calculation of 180 days for H-1 extension and several related questions

Rajeev Ji,

Thanks so much for all the help.

Follow up questions:

1. On I-140 Rule : 180 days condition will be after 17th Jan 2017 or it is on I-140 approved date ?

Let me put my question more clear way.


Let me explain my question better way:


I am on H1B visa and 5 year 3 month completed and my H1 B extension is filed on 1st nov 2016 which will take 7/8 months. My I-140 is approved in 2013 and priority date is also in 2013.


2. Question1:

let's Assumed:


Company revoked H1-B & I-140 on 30th July 2017, before I transfer to new company. then I have go to India. In march 2018, I have old I-140 which was approved more than 180 days but revoked and H1-B was also revoked by company A.


Question: Can company B use my old H1-B and extend it for 3 year when I am in India and once I get extension with old H1-B and they don't have to file new H1-B CAP


3. Question2:

let's Assumed: different situation.


Feb 2017 I will try to join new company and my H1-B extension is still in general process, new employer will transfer my H1-B but can then file my H1-B extension immediately when my old extension is under process?


How my H1-B extension will work with my new employer ?

Hi Rajiv,

I'm currently with Employer A and my I-140 was approved in June 2016 (>180 days ago). Thanks to the chart on your website and your community conference calls, I have come to understand that if I keep the current job until 1/17/2017 and move to Employer B afterwards, I will:
a. retain my priority date.
b. retain the right to extend my H-1B, 3 years at a time, even if the I-140 is revoked any time now.
c. need to get the GC process started again (recruitment, PERM, etc.)

Can you please confirm that the above is correct?

A couple other questions...
a. Will my spouse have the option to get H4 EAD status through my current I-140 after I've moved to Employer B?
b. Let's say that the GC process started again through Employer B gets rejected at some stage (recruitment/PERM/I-140). Will this mean that I lose the right to H-1B extensions?

Thank you,
PW

Hi Rajiv Ji,


My priority date is Jan 2013 and I-140 is approved more than 2 years.
My H1-B is under 8 year and 6 months and my extension is filed by my company.

Question (After 17th Jan 2017):

I am planning to go to India in Jun 2017 and leave present job. my employer told me that once i will leave job he will revoke my I-140 and H1-B also.

I will get back to USA with new employer in 2018 end. so in 2018,

1. Do I need to apply for new H1-B with my new employer?

2. Can my new employer will be able to extend my old H1-B ? (which will revoked till that time )

The I-140 EAD Rule which is actually a long list of updates will go into effect soon. - Jan 18 i believe is the date.

These are my questions specifically regarding EB-2 Application with I485 Filed and now on EAD.

a)
I switched employers a few months ago after 180 Days had passed since filing I485.
By new regulations of supplement J do i have to fill it out and inform USCIS or is it still optional?

b)
Does the new EAD filing rules about duration and when to file become effective immediately on rule becoming active?

 

[CVadde]

FAQ: Consequences for green card and other in switching to H-4 EAD from H-1

Hi Rajiv Ji,

Me and my spouse both are on H1B (both have approved I-140 from different employers). If my wife want's to switch to H1B to H4 and than apply for H4 EAD, and join the other employer.

1. Can she still maintain the Green Card priority date with her approved I-140 with H4 status?
2. Is it poosible? if she want's to switch to H4 to H1B using her approved I-140 (my wife employer does not revoke I-140).

Thanks for your help.

Hi Rajiv Ji,

My wife is currently on H1B and we are considering to convert to H4 For EAD due to flexibility it gives and her H1B 6 years is going to expire in October of this year and her green card process is not started. I would like to know, In current political conditions would you advice us on changing status or do you want us to wait and see what trumps stance would be?.

Scenario1:If we apply for H4 for EAD soon and trump somehow rolls back H4 for EAD before it is approved, will it effect pending applications too?.

Scenario2: If he is planning on rolling back H4 for EAD through rule making process, during that process will it be possible for USCIS to halt pending applications too?.

Scenario3: if H4 gets approved with future effective date(specified in our application) to mitigate gap between H4 and EAD, if H4EAD gets revoked mean-while before H4 effective date, can we cancel approved H4 to stay back on H1B status.

last question is, If we give future effective date for H4 to mitigate gap between H4 and EAD, will it cause any delays in EAD approval as we asked for future effective date on H4.

Thank you in advance for your patience and all the help you are doing.

 

[flygirlhanna]

Hi,

I am trying to apply for a citizenship but I got a DUI last year. I am off probation but I was wondering if I will be denied automatically since my DUI was only a year ago. I hear things about waiting 5 years for good moral character but some say not necessary since it's a misdemeanor. Please let me know. Thanks!

 

[suresh dodda]

Hi Rajiv Ji,

I have a question on dependent age out.

I filed my i-485 along with my dependents in EB when my son was 10 years old, next year by Nov he is attaining 21 years. I would like to know if he still considered as my dependent or do he need start over again?

Thanks,

 

[Phanindra]

Hi Rajiv sir,

I am looking for some help on my below ask.

I am having L2 Visa with valid EAD expiring in Aug 2017. I will go for renewal in Apr '17 end within the prescribed 120 day period expiration time. I am planning to go to India in Aug 2017 along with my wife and daughter, returning approximately after a month. My Wife visa will expire in Feb 2018, and also that will go for renewal from her employer.

My ask here is, will I face any issues at the time of port of entry ? as while I was entering, I gave an explanation that I am going to be there for about 6 months to support my family etc.. What type of typical questions can come from the officer in charge and how I can answer and what are the possibilities that I or we might not allowed to enter ? Should I use other countries like Abu Dhabi or Doha for port of entry, which are may be an easy let in for port of entry and have different treatment ??

Thank you so very much.

 

[av5188]

Hello, Sir,

I am trying to illustrate a sequence of events that has lead to not a very pleasant situation, and my questions are in the end.

My fiance had applied for a change of status (F-1 to J-1) I-539 last year in the US. Given the lead time, the Responsible Officer (RO) in her organization recommended her to travel and apply for a J-1 visa in India. She went and came back to the US with a new J-1 visa in Jan'16. Her RO checked her in on SEVIS successfully in Jan'16. Over this entire period of time, the RO did not decline/withdraw the I-539 application sent to the USCIS. Please note that the correspondence address in the I-539 form was her RO's office address.

Last week, when my fiance checked-in with her RO for a new DS-2019 and travel authorization, she was told that her SEVIS is INACTIVE since Feb'16, because her I-539 application was denied. The denial of the I-539 application came in Feb'16 (AFTER she had come back to the USA with the new J-1 and checked in on SEVIS). The denial letter was never shared by the RO with her until this past Monday. The denial letter mentioned that the USCIS has abandoned her application since she left the US. Clearly, the RO did not update the status on SEVIS after the denial come from USCIS. Her sponsor has now put her on leave on absence. My questions:

1. Not sure if blaming the RO for her "blunder"ful act of not updating the SEVIS will do any good. However, what can be done to rectify this? Will her duration of stay since Feb' 16 be considered "unlawful presence", and invite a bar on future visa applications?
2. She is planning to travel back to India. Will there be any problem traveling back which she has planned for in Jan'17?
   
3. On a second note, her sponsor has decided to file a new H-1B petition/application in premium processing. Is this the right step taken by her organization? What are the potential hindrances in getting the H-1B visa?
   
4. Let's say her H1-B is denied, can she come to US as a J-2 dependent? I am on a J-1 visa, and we are getting married in Feb'17.

Many thanks for reviewing my request, and I look forward to hearing from you.

 

[Britsimon]

Hello,
I am hoping you can help please, MY husband and I live currently in the UK with our 2 children (both children were born in the USA) we previously started the process to move back to the USA and got up to the point of the affidavit of support, sadly we had to change plans due to a death in the family, my Aunt died leaving 3.children behind that needed us. We moved from our address that was registered to a new home and never received the letter to say the case would expire. My husband called the customer service number and was told that we may be able to reactivate our previous claim (it seems to still be on the system, it has been 3 years. So we have a few questions if you could help we would really appreciate it. We have been married for 15 years and my husband is an only child and his mother is not getting any younger, we also want our children to know their American side of the family and especially their Grandma.

1 Do you think that they will reactivate the previous case
2. If they do we read that there may be a penalty of $310?
3. Would that then put us to the step we were at previous (AOS)
4. If we have to start the whole process again can we file a form so that I can travel to the USA and file from there? I am not comfortable flying on a visa waiver and then applying to adjust my status, just because I would be so nervous because I would feel like a liar.
5. What would be the time frame currently to go from applying until I can travel?
6.If I did fly on a visa waiver and was questioned at the border could i just say that I was intended on Stalingrad changing my status?
7. What would be the fee if I was to hire your company to do this process for us?

Any other help or advice you can offer would be gladly accepted.
Thank you

Kelly

Kelly, I'm not an expert, so I won't attempt to answer your questions, but I think you will need to provide more detail to get answer. What was the basis of the previous petition (family based, employment based etc)? Give some relevant detail, as that is not clear from your post.

 

[Subbu2704]

FAQ: Compelling circumstances EAD

Hi Rajiv ji,

Thanks a lot for your time and response for my questions and providing the answers.

I have the approved I-140 with PD July 2011 under EB2 and wanted to file the I- 140 EAD under Compelling Circumstance or Higher Promotion basis from current job through current employer,

After Jan 17 2017, Can I proceed to file the I-140 based EAD ? Also, Can you please advise me on what category applicable to obtain the I-140 EAD ?
What complexity I would have to face with this in future, If I change the job from current employer to new employer with the I-140 EAD ? After that, Do I have to file any amendment for the change of job ? How long this I- 140 EAD valid and Is this I-140 EAD renewable with current employer or new employer after the job change in case ?

Please advise me and your suggestion would be a great help for the survival ?

Thanks a lot
Subbu

 

[GKerkar]

Hello Rajiv ji,

My H1B visa is going to expire in 15-Dec 2017 and I would like to know if there is any way to start my green card process with my current employer?

Would my H1B visa be extended for a year if only my PERM gets approved before Dec 2017 or I need to also have my I-140 (along with the PERM) approved to get a one year extension with the current visa/green card rules/process?

How soon I should ask my employer? Just want to know the available options if any.

Please advise me and your suggestion would be a great help.
Thank you for your comments/advice in advance.

Thanks,

Gauresh.

 

[Mscguy]

Hi, Question is to understand when can I apply for US citizenship ?
Got my Green Card in May 2009.

US physical presence days after getting Green Card are below:
2009 - 220 days;
2010 - 33 days (Jan to Feb);
2011 - 19 days (Jan to Feb);
2012 - 75 days (Oct to Dec);
2013 - 365 days;
2014 - 320 days;
2015 - 357 days;
2016 - 358 days;

Had to move back to India in Jan 2010 to take care of mother with cancer. Relocated back to US in Oct 2012. No prior approval taken before leaving for India however was allowed back into US on Green Card in Oct 2012 as a mere exception without going to a court or any further action. (Was out of US for more than a year from March 2011 to Sept 2012)
Research on the net states 4 years & 1 day however its not clear.

Please advice when can i safely apply for US citizenship ? (2 kids - both US citizen by birth; Wife & I are GC holders with same dates of travel)
Thanks for your advice.

 

[anilk_kapu]

Hi Rajiv,

I have few questions regarding my H1b status. Situation is as follows

1. After my graduation from a US university, my employer applied for my H1b On April 2010, I got my H1b approved with start date of Oct 2010

2. I went to India on Dec 2010 to get H1b Stamping, but consulate issued 221g seeking further documentation from Company. But company could not provide all the info, hence I decided to stay back. I left the US company and decided to stay in India. I worked on this H1b for only 3 months from Oct 2010 to Dec 2010

3. On Oct 2014 a consulting company in US showed interest to hire me and transferred my H1b. H1b validity was 12/09/2014 to 10/31/2017. But I could not go for Visa stamping as the client decided to close the project

4. Now my wife's company is asking her to work out of their US office. So I want to see if I can get my current H1b transferred to a new company, once I reach US on dependent visa

My question is -
1. Is my H1b still cap exempt, considering its been 6 years since my H1b was initially approved ( oct 2010)? I have worked in US on this H1B for only 3months from Oct 2010 to Dec 2010
2. If I get my current H1b transferred to another company how long will USCIS treat my H1b as cap exempt? Will it be 5year 9 months ?

Thanks in advance for your advice

 

[venkat.p]

Hi Rajiv
Currently my wife is on H1 status. She applied for change of status(H1 to H4) on August 2016 from US.Due to some emergency she travelled to India during the processing(nov 2016). Her visa got denied due to the applicant not physical present in US during the processing. Can you please tell me the process for filing change of status(h1 to h4) from india. I have the knowledge of scheduling an appointment for H4 in embassy. Is the change of status, same as filing H4 from india or is it different? Whether I need to do any extra steps for change of status? Please advise me.Thanks in advance.

regards
venkat

 

[arjung]

Rajiv Ji,

Nebraska Center received my I131 application for re entry permit on Oct 12 and my fingerprint appointment was done on Nov 15.
Based on USCIS processing times, Nebraska center is currently processing July 16,2016 applications.

1) if I move to India before I receive the I131 travel document, can I update the USCIS website with my India address for delivery of travel doc.
or travel doc can only be delivered in the US address?
2) After 2 years, to keep my Green card active should I visit the US once every year for a duration of less than 1 week or what should be to keep my Green card active while living in the US.

Thanks,
Arjun

 

[S Shahab]

Hello Attorney,

I m working for my employer from 2010 and have my GC started and PD is June 2012. I came to know that my employer in bankruptcy, and my renewal/extension is due in March 2017 for 7th year.

1. Will my extension be approve?
2. can I get EAD ( employer's bankruptcy- referring to Obama's executive order)

Please advise.
Thank you.

 

[DEEPAMENON]

FAQ: H-1 transfer while H-1 extension is pending

Question from our community member:

Hello Rajiv Ji,

I have my priority date in 2012 and H1-B 6 year complete, I-140 is approved. my present visa will expire on 30 April 2017.

My company filed my H1-B extension in normal process, now I am planning to join my client around march end.

my question is my one extension is already filed in normal process and if I will join my client then they will first transfer my H1-B and then file extension for me.

Question 1 : How this process works ? if my H1-B extension is already filed then can I join new company ? if yes then what is best approach ?

Question 2 : If first extension is filed in normal process and second extension will filed in premium process then immigration department will give verdict on second first as it is filed in premium process or they will wait for first to approve ?

Question 3 : In my situation what you think is best approach ?

Thanks,
DD