Recording Available, July 11, 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: 25, July 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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Hi Rajiv ji,

I wanted to check if you could help me and my wife plan for her change of status to H1B visa from current H4-EAD status. She has been working with her current employer for last 4 years on H4-EAD status. After the news about H4-EAD rule change, last year her employer filed and got approval for her H1B visa Consular Petition (approval duration 10/8/2018 to 9/10/2021). However, she hasn't switched to H1B visa status yet. Her current H4-EAD will expire on September 2020 and if there is no change in regulation before that, she also has the option to extend it by three more years. Earliest we can file for H4EAD renewal (along with my H1B extension) is March 2020. We are basically confused about the timing when we should make the change to H1B status. More specifically, we have following questions:

a) Will she lose the H1B visa if she doesn't use it before 9/10/21?
b) Is it possible to apply for H1B extension by March 2021 even though she doesn't switch to H1B visa till then? We basically do not wish to go through the lottery again, but would like to stay on H4-EAD as long as we can.
c) Will she be able to recapture all the time she hasn't used on her H1B visa? If so, will she automatically get it when she goes for Consular Petition?

We will obviously have more clarification if/when more information about H4-EAD rule change comes out, but at this stage we will really appreciate your advice in this regard.

Thanks,

AT
 
Hi Rajiv Ji,

I am currently on H1-B and while coming back from vacation earlier in December 2018, they issue I-94 with validity until 12-Dec-2019 (This is a date for which my passport is expiring.) even though my stamped visa is expiring on Nov 2020.

Although the officer at the port of entry didn't mentioned anything that time, but I am just wondering that if I have to go out of the US and come back on or before 12-Dec-2019 (date until when I-94 and passport is expiring)?

Or under this situation, I can stay until Nov 2020 (stamped visa expiry date)

In case, I have to go out of US before 12-Dec-2019, Can I go to any neighbouring countries (Canada/Mexico), rather than my home country?


Thanks
PrasThak
 
Respected Rajeevji

I am resident of USA and residing at Dallas in Texas State. I filed I - 130 for my spouse. I sent my application to USCIS Phoenix, AZ 85036. As per my understaning my applicatiion supposed to be processed at Texas service Center.

Even though I sent my application to Texas related mailing address, I received receipt notice from Californa service center (WAC).

My question:
How I can get my I-130 petition transferred from California service Center to Texas service Center ?

Thanks
Krupa
 
Hello Rajiv Sir,

I'm currently on F1 visa and started working for company A on OPT which expired in May and I have applied for STEM OPT EXT which is being processed for over 90 days now. During the first week of May, I got into the Big 4 Tech companies (lets call this Company B) and within few days I heard from the lawyer of company A that my H1 got picked which is currently being processed for over a 60 days now.

I decided to get my H1 from company A approved and then get it transferred to company B at the earliest date possible. Before I could do that, manager in company A gained information that I was going to leave soon. I have assured that I'm going to stay for another 6 months and then leave if all the paperwork for me to work at company B is in order or else I'll just continue working at company A and the manager was okay with my decision.

Based on the above scenario I have few questions I would like your advice on:
1. Using premium processing, if I get my H1 from company A approved in next 15-20 days, what's the earliest date I can get the H1 transferred to company B?
2. Consider a scenario where the current company A fires me from the job before I can get the H1 approved, will I have a valid status to stay and work for company B in the US?
3. Consider another scenario where company A fires me from the job after my H1 is approved before October 1st, will I still be able to transfer my H1 to company B?
3. Company B gave me an assurance to not worry much about the Status and that even if I lose all valid statues in the US, they'll be able to apply for either L1 or move me to Canada, can you shed some light on this aspect?
4. Since I've been working for company A for more than a year now, will I still need to get at least 2-3 paychecks during H1 active status(which I think in my case gets activated on 1st of October) before I could initiate the H1 transfer to company B?
5. I heard that H1 transfers might fail and it doesn't matter how big or prestigious of a company you're getting it transferred to, is this right? What are your opinions on this?
6. Do you have any suggestions that I could use to get this who mess sorted out and properly get the H1 transfer done without causing issues to any parties involved (Myself, company A, company B).

I really thank you for taking time to help people with your knowledge. You have a great day!

Regards,
Mohammed Jasam
 
Thanks Rajiv Ji!

If beneficiary gets NTA issued based on very old denied I130 petition and he is no more in touch with divorced USC wife (petitioner). How to get copy of that NTA or all the info on that?

Regards!
 
Hi Rajeev Sir,

Good Day.

My wife is a LPR. I am a Indian Citizen and currently don't have a visa to visit USA.

We have planned to process my GC through consular processing.
My wife submitted I-130 in Feb 2019 and it is processing at California center where the processing time is approximately 19 months.

I see the Priority date of our application is current as of now.

What will be our next step?

DO we need to wait until I-130 is approved?

Also, when do we need to file rest of the documents like Affidavit of support?

Can I get an estimation as to when I can visit USA?
 
I'm an Indian citizen and entered USA on B2 ( Tourist ) visa in April 2005. I was working in Singapore and my B2 visa was approved before I got married. My husband was a US green card holder when I got married. I used my previously approved B2 visa to join my husband in USA. After about 3 months or so I got a job under H1-B sponsorship. In November 2007 I had a child and I stopped working for about 2 years and I resumed working through the same employer. After my husband received his US citizenship in October 2008, he applied for my US greencard via adjustment of status and I received my greencard in Feb 2010. I had not left USA until I received my greencard. After I received my greencard I had a Class-C misdemeanor recorded against me. I also got this class misdemeanor expunged. Now my green card is expiring in 7 months and I'm also eligible to apply for US citizenship. My questions are

1. What is the process for apply for US citizenship given that my green card is expiring in 7 months. Should I get my green card renewed before I apply for US citizenship ? Or apply for citizenship now and then also submit for green card renewal ? Apply for citizenship without renewing my greencard ?

2. Should I apply US citizenship based on my 5 year green card holder or based on 3 years green holder and a spouse of US citizen?

3. Given my immigration situation, what are the chances of getting US citizenship or even renewing US green card?
 
Hi Rajiv Ji,

My N-400 Application is pending for past 9.5 months .I intend to purchase a Independent House now( Staying in a Apartment currently)
moving within the same Jurisdiction ( moving from one town to another which falls within same Jurisdiction).

Do you anticipate any potential delay.

Thanks,
Sameer
 
Dear Rajiv,
I read an article on forbes that the EB5 investment requirement is going to increase to above 1MM ( for regional center, for which the requirement was 500,000). Is that correct?

Thanks & Regards,
 
Thanks Rajiv Ji!

Regarding - BIA Remanded back to USCIS

USC wife filed I-130. It was denied after 2 interviews by USCIS ignoring the ton of solid evidences of bonafide marriage. Then it was appealed to BIA. BIA remanded back to USCIS in Novemeber 2014. There was no update from Until now. Last month got USCIS update that I130 was reopened for review upon court order. (There was no update in between I-130 denial and this review)

- Do you think they're reviewing BIA order now? (Been 4 years since BIA ordered)
- What does REMANDED Back to USCIS means; Good or Bad? What should i do as beneficiary?
- Whats USCIS's next step after getting BIA order?
- How to get copy of BIA letter
- What beneficiary should do?

Thank You!
 
Hello Rajiv Sir,
I have applied for I-485 using cross chargeability and been waiting for over 15 months for an EB2 interview.

Q> How can I confirm that cross chargeability was applied to my case? My lawyer did request to apply cross chargeability in the cover letter however I did hear stories where some officers were not aware of cross chargeability and they followed the primary applicants country of birth. I do have valid EAD/AP does that mean cross chargeability was applied.
 
Hi Rajiv Sir,

I am currently employed by Company A on H1B, with I-797 approval notice valid till Jan 2022.
Company A is getting shutdown, by the end of current year.
So I am in the process of changing H1b employer, from my current Company A to Company B.

1. While H1b transfer is pending (or gets approved when I am out of the country), I would like to visit India and get my passport stamped with H1b visa using Company A's approval notice. When I return back, I want to directly join Company B. Is there any problem, doing this?

2. Company A would like me to work part-time (10-20 hours) for them during next few months, while I am working full time for Company B. Can I legally do this? Do I have to inform Company B, if I accept this part-time position?

Thank you so much for your insights. I appreciate you taking the time to share these very useful resources!

Regards,
Nitesh
 
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Hi Rajiv Sir,

I am a US citizen and I have a inquiry regarding on sponsoring my uncle's tourist visa to the United States. No paperwork has been filed yet. I'm inviting him to my engagement ceremony. How many years worth of my tax returns do I need to provide to attach with his application form. Some websites say one and others say two to three. He is a farmer so he doesn't pay taxes, will that have any effects on his application? Can you please inform me of any other attachments that need to be provided from my end.

Thanks
 
Dear Mr Rajiv,

I have a sister who is 70 years old from Venezuela, she is currently on a tourist visa visiting me here in the US. Some of you might be aware of the terrible situation in that country and how people are fleeing. I would like to help her stay and I think that the only way is to ask for Asylum(I-589, Application for Asylum and for Withholding of Removal) . However, I have these questions:

1- If the Asylum is denied would she lose her tourist visa?. Could she even be banned from applying again?
2- She has a daughter here in the US who could become a resident in 2 years. If still available at that time, her daughter could file an I-130( request for Alien relative) on her behalf. IF she is denied an Asylum request, could she hurt this alternative also?
3- Are you aware of current denial rate for Asylum cases from Venezuela as well as the processing time?
Thanks.

John
 
Hi Rajiv
My spouse is currently working on H4-EAD. Because of the uncertainty with H4-EAD, she got her employer sponsor a H-1B Visa and got through the lottery process. It was expedited through premium processing and the H-1B petition is now approved for the period 10/01/2019 - 09/30/2022.

We are planning for an India trip in August 2019 and subsequently appearing for a VISA interview under the H-4 category because she can't start on her H-1B until Oct 2019. I have the below questions.

1. Can she appear for a VISA interview in H-4 category given that she has an approved H-1B petition (although it doesn't start until Oct 2019)?
2. If yes, once she is back to US can she continue to work on H4-EAD, which is valid until 2022, as she can't switch to H-1B until Oct 2019.
3. Does she have to appear for another VISA interview (Consular processing) before switching from H4-EAD to H-1B in Oct 2019 (or) Can she just fill a form W-2 and switch to H-1B without having to leave the country and re-enter?

Thanks.
 
Dear Rajiv,
Hope you are doing well. I came to know about your firm recently and I really appreciate your great service.
I am on H1B and have an approved I-140. One of my friends told me that for parents of kids who are US citizens and have disability they will be eligible to expedite Green Card process?
I spoke to my kids pediatrician and the pediatrician said she has given diagnosis letter about the kid to many parents and they have gotten their Green Card much faster.
Can you please let me know if there are any options like this for parents who have disabled kids to get Green Card faster?
Looking forward to hearing from you.
Thank you very much Rajiv.
 
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