Recording Available, January 24, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
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#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: 07, February 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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#2
FAQ: Green Card portability for EB-1C international managers or executives
Hello Mr. Rajiv Ji,
I am having L1A and transferred to US through internal transfer. My I140 is approved in April 2018 and I am waiting for I-485 approval under EB-1C category. I had an interview for I485 in December in in California and the officer mentioned everything looks good. As my date is not current, the approval may come when my petition date comes to current (when Feb Visa bulletin comes out). I would like to know the following..
1. At this time, is there any consequences on my AOS/485 if I make a job switch?
2. Also, is there anyway company can withdraw my petition (I485 or I140)? If yes, what are the consequences.
3. Do I require to submit AC21 in this case again from my new employer or I can ignore this?

I really appreciate your guidance and feedback here.

Best regards!
 
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#3
Hello Rajiv,

I am on H1b visa and my 6 year will complete in June 2019, I have approved I140 currently for Houston Location

My employer and I are in discussion to move my job location to Dallas, my question is
1) should we file H1b Extension and amendment at the same time or its better to file extension first and then amendment, if we club extension and amendment and the request gets rejected it would mean I have to leave the country??
2) Is there any issue to request extension and amendment for Dallas location based on I140 which was approved for Houston location?
3) my employer attorney says we need to refill the perm process and I140 once I move to Dallas as it is outside MSA area, if the perm or I140 at the new location gets rejected , is the current perm and I140 still valid?
4) Since its a long wait time on Eb2 (10 -12 years) ,can we delay filling of perm and green card till we are very near of getting my priority date current so we do not have to keep applying for perm and I140 with everyone location or job change?

I really appreciate your guidance and feedback

Regards,
Ayush
 

Bujar

Registered Users (C)
#4
Hello Mr. Rajiv,

I am a Green Card holder since August 2014 and I got married to my wife in July 2017 - the marriage took place overseas in Europe. (My wife has been to the US twice since then on a tourist visa, the 1st time she stayed 3 months and 2nd time only 2 weeks).

I filled I-130 in August 2017 and a few weeks later I received form I-979C, Notice of Action confirming that they received my application which has a priority date of August 29, 2017 - with California Service Center as USCIS Office.

I haven't received any notification that my application has been approved yet and January Visa Bulletin for "Dates For Filling Family-Sponsored Visa application" has a date of 01DEC17 - F2A Category. What should I do in this case?
1. Should I wait until I receive form I-979 that my application has been approved to proceed with next steps?
2. Is there an option I can request information on the status of my case? - When I check the "case status online" it shows that in August 2017 they received my I-130 Petition for Alien Relative so it seems I haven't missed anything in the mail.

I appreciate your help!

Sincerely
 
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#5
Hello Rajiv,

Firstly, thank you for hosting the forum and the conference calls for the benefit of the community. Appreciate your efforts!

My priority date is September 2016 (category EB-2). My I-140 was subsequently approved and it has been significantly more than 180 days the I-140 has stayed approved. I am currently working on H1-B extension obtained based on the I-140 approval. All along, I have stayed with my current employer (Employer A) that filed my initial H1-Bs, the PERM, the I-140, and the H1-B extension.

The H1-B extension is valid until September 2020. I am contemplating a change in employment.

I understand that if I were to take a job with another employer (Employer B), that I will be able to port my priority date as well as the right to keep extending my H1-B. Employer B would have to restart by green card process beginning with PERM.

A couple questions relative to this:
  • For Employer B to get me on-board, they would have to file an H1-B transfer. Upon approval, would the validity of that H1-B be same as my current extension validity of September 2020? Or will it be 3 years from approval of the H1-B transfer?
  • Do I need to have an approved I-140 from Employer B in order to apply for H1-B extension beyond the date on the H1-B transfer? Or
  • Can I keep getting the H1-B extensions with Employer B (or for that matter C, D etc.) based on my approved I-140 with Employer A.
Appreciate your responses.

Thanks!
 
#6
Hello Rajiv,

I am currently on EAD with priority date of Jun 2009. My I-140 was filed under EB-2 category by my employer who sponsored my H1B. My PERM was filed with a job title of "Computer programmer Analyst" with a very broad job description. Once I got my EAD I made use of AC 21 portability and joined a full time position with another company. When I joined the full time position my title was "Sr. Software Engineer" with specific job description relating to technology used and my day to day responsibilities. I joined the new company before Supplement J rule came into effect and never filed it. AC 21 portability was done using Employment verification letter from my new employer.

After hearing the Supplement J formality I contacted my immigration attorney and he said the job description on my PERM and Employment verification letter is neither same nor similar. This threw me completely off. But my attorney said he can make a strong case to USCIS but there is no guarantee that USCIS will accept it.

Couple of questions I have regarding this:
1. Is there any way to mitigate the risks while filing Supplement J when USCIS asks for it? (For e.g if my current company agrees to copy some of the points relating to Job responsibilities from PERM into Supplement J)
2. What happens if USCIS rejects supplement J? Can I go back to my approved I-140 and continue working with my current employer?


Appreciate your response.

Thanks.
 
#7
FAQ: What is the advantage of EB2 over EB3 category?
Hello Mr. Rajiv,

I have just started GC process with employer A for EB3 category. My questions are :
1. Can I change category of the same GC to EB2, when I join to the employer B, provided employer A not canceled ?
2. What are advantages of EB2 over EB3 category ?
3. Currently, filing I140 prpcess is in-progress with Employer A. In case, I join employer B, before I140 approval, can I start I140 process with Employer B in parallel ?

Appreciate your response.

Sincerely
 
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#8
Dear Rajiv ji,

I (principal applicant) am India born. My I-140 is approved, in EB2 category, from employer “AA”.. Priority date = April 2014

Situation: Fiancée was born in Nepal in 1982. Would be getting married in few months. She is in India.

I am not working for employer “AA” since 2016 Feb. Employer “AA” had agreed to not withdraw the I-140 for a few months ( say 3 months ) but I do not know its current status.

Since Oct 2016, I have been working for other employers on H1B visa.

Is it possible to get I-485 filed under Nepal quota ( after my marriage with Nepal born fiancée), using cross-chargeability, using the I-140 that was approved for employer AA?

My Questions are:

  • What does the employer AA need to do, in order to file this application?
  • What are the different times at which the employer “AA” might need to do something to support this I-485 and following steps of the GC process?
  • Is it sufficient if I have the offer letter from this employer for the position for which my PERM and I-140 were approved? Using this offer letter, can I take the help of any attorney to file the remaining paperwork for the GC process?

Thanks a lot for your kind help.
 
#9
FAQ: Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications
https://travel.state.gov/content/tr...etin/2019/visa-bulletin-for-january-2019.html

What is difference between both the priority dates A and B ? How it will affect us on filing I-485? What all things we can do in both case ?

A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
 
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#10
Greetings Rajiv Ji,

I am working on EB2-485 EAD (AC21) for a B company and do not have active H1B. Based on the latest GC predictions i am current for EB3.Can i down grade my EB2 to EB3 from my original (GC sponsored) company if they are willing to support my EB3 GC ( i am not working with this company though).

IF so, do i need to start from the Labour Certification OR just submit concurrent 140 and 485 will do good ( my EB3 filing dates are current ).
Should my current EB2 EAD will be intact and can work with the Original employer even i file for EB3 Or should i need to switch to H1B in-order to work ..

Pls. help let me understand..

Thanks,
NewAndhra.
 
#11
Hello Rajiv ji,
I am working on H1b with I-140 approved, and planning to start a business through LLC company.
I will have 2 more partners who are on H4-EAD.
Can I be a partner in such LLC, and invest and share profit.
Can it cause any risk to my H1 or GC in future ?

Your comments will be very useful.

Thanks,
Raj
 
#12
Changing employer from Non-profit to Profit employer after either priority date or I140 approved.

Hello Rajiv sir,

This question might have been asked multiple times on this forum, but checking again to see if there are any new rule changes.

I am currently working for a non-profit employer and they are processing my GC application. I would like your input on below:
1. Can I switch to a for-profit employer soon after my priority date and what are the consequences?
2. Can i switch to a for-profit employer soon after my I140 approval and what are the consequences?
3. In either cases, can I change my job roles?

also, if my wife is also on my I140 approval, will she be also getting GC same time as me? does she need to start her own GC processing?

Thanks so much !
Rick
 
#13
2019 H1b approval timelines

another question: my wife applied for H1b last april and the case is still pending. She got her lottery pick notice in mid of may. Do you have any idea about the timelines of the processing?

Thanks
Rick
 
#14
H1B transfer denial; 60 days Grace; Safest way to proceed

Hi Rajiv Ji,
I've approved h1b from Emp(valid until june 2020). After working for 6 months with EmpA, I transferred my H1B to EmpB and it's been approved for 1 year(valid until apr2019). After working for EmpB for 9 months, I transferred my H1B to EmpC and started working for C with receipt#. H1B transfer petition to C from B has been denied . EmpB has revoked my H1B petition, while EmpA still hasn't revoked my H1B.

Please help answer the below questions:
1) What is my I94's validity date? Would it be June 2020 or Apr2019?
2) EmpA is willing to take me back using the 60 days grace period by filing an amendment petition with uscis. Some random EmpX is also willing to file H1B using the 60 days grace period.
In this scenario, what would be the best option for me to go with? Is there any benefit to me going with EmpA vs EmpX with respect to my chances of approval? or EmpX has the same chances as EmpA, though EmpA hasn't revoked my original H1B petition.
3) ** If I go to EmpA, work for him for couple months based on the amendment receipt, then transfer to EmpX . Will this allow EmpX to transfer my H1B from EmpA(using the paystubs from EmpA and underlying EmpA's approved H1B), instead of filing fresh H1B using the grace period?That way 60 days grace doesn't come into the picture. If yes, is this the safest route for me to do given my current scenario?
4) Assuming I stick with EmpA, What would happen if my H1B amendment with EmpA gets denied down the road in 6 months? Will the original H1B petition remains intact(till June 2020)? Can I assume my i94 to be valid until June2020, because I'm sticking to EmpA?

Thank You Sir
 
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#15
Hello Rajiv Ji -

My H1B extension + amendment case was filed on Apr 12th and is still pending decision with USCIS. Since USCIS is not accepting premium processing we cannot upgrade the case as well. My 240 day work authorization period ended on Jan 15th. My employer initially said that I will be placed on Loss of pay from Jan 16th but now is saying that since your case is extend + amend you can still work after 240 days. I wanted to get your advice/opinion about this.

Thank you Sir !
Regards,
Shanil
 
#16
Hello Mr Rajiv,

I really appreciate you taking out time in providing your valuable advice.

My EB1C GC is in process with a priority date of May 2017. I-140 is approved and EAD / Advance parole combo card is available for me and my spouse. My I485 interview is scheduled for mid-Feb 2019. I never filed I-485 supplementary J in my original application and accordingly, I am in the process of getting the application ready in consultation with my employer.

List of clarifications:

What is the significance of Supplementary J form? In my case where I am already working on the job with the employer through which my GC application is filed, which option should I select under Part 1 of the question “Reason for filing Supplementary J”. I think I should go with 1.b i.e. Request for job portability. Please advice.

Considering the fact that actual issue of GC may take few more months after the interview since the date is not current (PD- May 2017), is there any risk in getting the GC, if I quit my job subsequent to my interview. This is based on the premise that the interview goes well as planned and there are no ambiguities. Please advice.

Thank you,
 
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