Recording Available, January 26, 2017 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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:
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(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: :
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(202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: February 09, 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.
 
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FAQ: Traveling after applying for naturalization/citizenship pending
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Hello Sir,
My husband and I are planning to apply for citizenship and have had GC for
the past 9 years. We are planning to travel to India for approx. 3 weeks in
spring (March 2017) and wanted to know a) can I travel after filling
application for citizenship. b) if yes, should I plan that after biometrics
or can be before that as well. Does it matter.The GC expires Nov. 2017.c)Also, is employment necessary or helpful when applying?

Do we have to reside in USA 3 months at a stretch before applying and hence was
thinking of travelling soon after after applying. I am not sure if this could
be a problem.
Your advice will be highly appreciated.

Thank you,
NPS
 
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FAQ: "Retroactive" effect of the new regulations; would H-4 EAD remain valid if I-140 is withdrawn
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Dear Sir,

Coming Jan 17, the I140 EAD rule is coming to effect, assuming that there would be no changes in the final rule with respect to the final draft. My Questions is:

1) My I140 got approved in Oct 2016, after this rule is passed do I have to wait for 180 days after Jan 17 or will it be applied from Oct 2016 itself?
2) After completing 180 days if I change the company, can my wife get her h4 EAD extended based on the approved i140 (which will remain valid even if employer withdraws it)

Thanks
 
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FAQ: Serial H-1 transfers with multiple employers - H-1 transfers while another H-1 pending
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Hello Rajiv,

My H1 started in Oct 2016 with Employer A. In Dec 2016, I got a new job (Employer B) and started working with this new employer after applying for H1 transfer in premium category. The transfer is not yet complete as we got RFE and are in process of submitting the additional documentation asked for. Now, for any future job (Employer C) there are two scenarios:

Scenario 1
I get another job (Employer C), I apply for another H1 transfer and I start working with them.
  • If this transfer is denied. What are my options?

Scenario 2
I get another job (Employer C), I apply for another H1 transfer but I start working with them only when H1 transfer process is completed .
  • Will this increase the risk of denial? as I am changing jobs too often.
  • Will it increase the risk of denial of the transfer application for Employer B, as it is still not completed yet? Or have any other impact in it?
 
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FAQ: What types of marriages in foreign countries are considered legal in the USA?
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Dear Rajiv.
In my country there are two types of marriage, they are Satutory marriage and Customary marriage .A statutory marriage is contracted in a customary court. Some church mariages are considered stautory e.g. The Catholic Church it is recognized by the matrimonial causes case law. A customary marriage is contracted under traditional laws and customs of the brides paternal family not the groom. Marriage under sharia law is considered a customary marriage. My marriage fall under customary marriage in which it can be dissolved by customary court, I want to know if divorce certificate issued by customary court can be used to support my Green Card application in Chicago Illinois with my US citizen spouse ?

Thanks
 
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FAQ: Can an I-485 be filed without the help of an employer?
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Hello,

I have a question for my Wife's I-140 :

She has I-140 Approved from Company A in Oct 2015 and She left Company A in Dec 2015. They have not revoked the I-140.

She joined Company B and not sure if Company B is willing to port the I-140

Can she use the Existing Approved I-140 from Company A and file I-485 by herself with the help of an attorney or does she need an employer to file I-485 ? or will her I-140 will be under water ?
 
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FAQ: Impact on H-1 and green card of employer company's bankruptcy
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Hi Sir,

I have one complex situation for which I'm looking for your advise.

I'm in H1B now. I had my I140 approved from my first employer at 2008. After that i left that company and my second employer filed my GC again. I got my I140 approved. After that my attorney submitted amendment for porting the 2008 priority date. after submitted amendment, Application priority date announced and we used 2008 priority date and applied for I485 and I131 etc., I received EAD with 1 year validity and now i applied for renewal. Now my attorney received the RFE ( ability to pay).

1. My employer filed Chapter 11 bankruptcy 6 months back and yet to come back. My last year W2 didn't match the I140 wages declared. 2016 income due to bankruptcy filed and etc., Dec salary paid on jan 2017. Hence 2016 total income also few thousands less than I140 declaration. Since Dec salary paid Jan 1st week that month income will be considered as 2017 income. - Q. How to handle this now? is it impact my approval? If i could have changed employer and taken full time job due to my EAD status, what will happen to my GC?

2. is it impact my EAD renewal or not?

3. Since current employer filed bankruptcy and salary payments getting delayed etc situation I'm thinking to took full time with some other employer. is it create any issue?

Still i have two year H1B validity. My kid going to college this year. So I'm not sure what will happen to our GC in this situation. Please guide me on this situation.

thanks in advance.

SK
 
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FAQ: Impact of child turning 21 - green card, H-4, F-1
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Dear Sir, My son is turning 21 in August, 2018. He is on H4 visa and in college. Only option, I know of, is convert his visa to F1 before he turns 21. Is there any way we can keep him under H4 or some other status so that he does not have to go thru H1B process or family sponsorship which will almost take a decade to become green card holder. I heard something about Child Protection Act, but not sure if that applies to dependents of H1B holder. I am sure lot of people are facing such situations when their children are turning 21 soon. Please advise.
 
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FAQ: Delay in naturalization
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Dear Rajiv,

I applied US citizenship back in March, 2016. The notice date is March 07, 2016, Received Date/Priority Date is March 03, 2016. According to USCIS website, my local field office processing time is April 21, 2016 (according to USCIS field office processing dates updated on Nov. 30, 2016), apparently, I am already outside of the processing time and my case is still in Benefit Center somewhere in MO.

I made numerous Info Passes to my local field office within past year and every time they told me everything looks A-OK except I am stuck with the dreaded name check. I called USCIS processing center multiple times and made two Service Requests in 2016 however, they told me the same thing - stuck with Name Check. On Dec. 5, 2016, I asked help from Ombudsman by filing CIS form of DHS-7001 but still got no response from them yet.

My question is;
1. What else I can do to push USCIS/FBI speed up my name check process?
2. It will be almost one year since I applied N-400 (citizenship), shall I start to worry about my application because all of my friends got their citizenship with 3 ~ 6 months after the application.
3. Will Writ of Mandamus be a good choice/fit for me to pursue? Is it a good time to file now, or shall I wait? What some of the preparation works should I do in order to file and get positive result from it?
4. Will the most recent fiasco/snafu committed by USCIS affect my citizenship application in anyway/anyhow?

Thanks,
 
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FAQ: Travel During H-1B Transfer/Extension Pending
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Working for Employer A ( Post 6 Years H1-B on the basis of I 140 Approved) - Planning for India Travel for a family function by end of 2017 - but there is a chance that I would be switching over to my client B as my primary employer somewhere prior to my current status expiration. Current H1B status Expiring in Feb of 2018.

1) If Employer B files for the H1-B Transfer / Extension (along with H4 Extension and H4 EAD Extension) and it is pending during the end-of year-2017, Am I allowed to travel outside USA if I am coming back prior to my current status expiration in Feb 2018 ? Is the H4 spouse allowed to travel as well - if H4 is also simultaneously applied and pending ?

2) If yes, At POE, we will be receiving a new I 94 number, but out extension applications would have been filed with the older / current I 94 numbers ? Is that allowed ? How do these two I 94 get reconciled ?

3) Are we supposed to carry the I 79 (Notice of Acceptance) with us during the travel - to show that transfers / extensions have been filed and under processing - at POE ?

Thanks so much - Sir

Rahul
 
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Hello Rajiv,

Transfer of expired H1B petition.

1) First entry into US in 2007 on L1b visa.
2) H1 applied in CAP and approved in April 2012 with start date of October 1st 2012
3) Took a vacation and traveled to India for 1 month in June(while I was on L1b).
3) H1B - Started on October 2012 and expired in October 2013 after which I went back to India. Stayed there for 2 years and came back on L1b visa again in 2015.

Question:
If I plan to switch jobs, can the new employer apply for a H1B transfer based on my expired petition from 2012?
If yes,
How much extension will be provided?
How long the process might take?

Thanks in advance
 
FAQ: Starting a nonprofit organization while on H-1 visa
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Hi Rajeevji,

I am on H4 EAD currently,

- Can we start a NonProfit Organization in the USA while being on that status?
- Will it have any impact on spouse H1 Status or my H4 for any future VISA extensions?
- Also for serving the local community we want to recruit a Christian Minister to work for us here to do Family based counseling teachings/Seminars etc to serve the community. So is it possible to apply religious worker visa for him through our organization?
- Also, can the ORG sponsor the family members of the religious worker for their stay here in the USA?

Is there any other alternatives apart from the above to get this process done faster and easier.

Thanks for your valuable response.
 
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Currently, on H1B status with I 140 approved in September-16, am working as a software developer and want to switch role to Business Analyst role, I will remain with same consultancy firm who filed GC but will be changing the client to take up a new role.
- Apart from filling new H1B with new roles and responsibilities mentioned, will I have to redo my whole perm and I140 process again given its approved for a developer role?
- With the new Jan 17th rulings coming into place will it help me to avoid redoing the GC process from beginning?
- Can I port my Priority date if I have to go through the new GC filling?
If the GC does not get approved will it automatically negate the already approved I140
Can I use the approved I140 for H1B renewals after role change has been done?

Thanks
Peter
 
Hi Rajiv,

Thank you for your service.

This is more like a follow-up to a scenario I had described in the last conference call.

I'm trying to understand the ramifications of changing jobs. Specifically, I want to understand my options in case I can't get a new employer to commit to restarting the GC process immediately or at some point in the future.

I'm currently with Employer A and my I-140 was approved in June 2016. Let's say I keep the current job until 1/17/2017 and move to Employer B on 2/1/2017. Further, let's assume that my priority date becomes current in the February Visa bulletin (I can still dream, right?).

a. What are my options from that point on in terms of keeping the GC process moving along? What kind of restrictions, time limits, etc. are applicable once the date is current?
b. How will these options change if Employer B has restarted the GC process (on 2/1/2017 or at a later time) and it is in a particular stage? I'd appreciate it if you can shed some light on how, if at all, this answer changes with the various GC process stages.

Additionally, I hope you've had the chance to look into impacts of the new regulation on H4 EAD. Specifically, will my spouse have the option to get H4 EAD status through my current I-140 after I've moved to Employer B?

Thank you,
PW
 
FAQ: H-1B expiring, PERM not filed, options
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Hello Rajiv ji,

My H1B visa is going to expire in 15-Dec 2017 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H1B visa duration) what would happen in the following scenarios.

1) If my PERM application gets approved before my current H1B visa expires (i.e. before 15-Dec-2017). Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H1B expiry date.

2) If my PERM is not approved before my current H1B visa expires. Would I need to go back to India for the remaining 6 months and complete the PERM application anniversary period and then file for the 1 year H1B extension?

3) If my PERM application gets approved after my current H1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.

4) During the past 5 years that I'm on H1B visa I have spent about 2 months (on vacation) in India. Can this 2 months be added back to my current H1B visa? or this can only be added if my current employer files for my green card?

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

Thanks,
Gauresh.
 
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Hi Rajiv,

I had posted the following question in the last call. But I could not dial in for the conference call. You had further questions, hence I'm posting this again to discuss further on the call

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
 
Hi Rajiv Ji,

This is regarding I 131 Re-enetry permit and N470.

Me and my family got GC in Mar 2014. I need to send my 12 year Kid to India in Jun 2017 and he will stay there for more than a year.

Question :
1> Do I need to apply for N470 along with I 131?
2> Can he be eligible for Citizenship in 2019 if he stayed out of US for more than year on re-entry permit?

Thanks for your advice in advance.
 
FAQ: Trump and employment based immigration
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Question1

I-140 EAD finally approved , Any change in I-140 EAD rule in last min ? will it be safe after Trump government will come.



Question2

My I-140 is approved and I have priority date in 2013 and H1 -B 7 year is completed.

I am planning to join my client, do you think Trump administration will make it really worst ? what you suggest that we should change jobs are not as per green card prospect ?


Question3

if I will join them and they have to restart my green card again. as per client HR, my client attorney is saying

1. Prevailing wage - will take 6+ month

2. Advertisements will take 3+ month

3. Perm will take 13+ months

4. I-140 will take 7+ months

My question: my green card filed 2 times in past and never took this much time , is any time line changed now a days ? can you tell me correct timing for Prevailing wage, Advertisements, Perm and I-140 as per your best knowledge ?
 
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