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Recording Available, July 14, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Jul 2, 2016.

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    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: [​IMG](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.

    Conference Dial-in: : [​IMG](202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: July 28, 2016
    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.
    Last edited: Jul 15, 2016
  2. potterp385

    potterp385 New Member

    Hello Rajivji Thanks alot for the free community service, which is really helpful for a lot of individuals like me.

    I have 2 questions about i140 Revocation and Priority Date

    Question 1-->
    How many times and how many companies can port the SAME Priority Date.

    I have approved i140 with June 2014 PD from COMPANY A . Assuming i140 from COMPANY A will not be revoked by COMPANY A .

    i)--> say i moved to COMPANY B , who agreed to file my GC in EB3. Say COMPANY B started fresh GC from Scratch , Say in 2017 COMPANY B files my i140 and also successfully ports my June 2014 Priority Date for EB3 Category.

    4 years down the road in 2020, If i140 from COMPANY A is still not revoked.

    ii) --> In 2020 say i moved to COMPANY C , say COMPANY C started fresh GC from Scratch. can COMPANY C file my i140 (EB2) and also port my June 2014 Priority Date which was already ported by COMPANY B in 2017

    Question 2--> When do u think the i140 EAD rule will become effective. It passed the comment period. If the i140 EAD rule becomes effective, As per the new rule my employer will not be able to revoke the i140, there by i will have the Priority Date.

    I am planning to accept offer from COMPANY B (end Client), but i am worried my current employer COMPANY A will revoke my i140 . I am assuming my end Client (COMPANY B) can wait for 2 or 3 months.

    a) What would u suggest me .

    b) I
    s it worth waiting for the i140 EAD rule to become official ?

    Last edited by a moderator: Jul 13, 2016
  3. yeber

    yeber New Member

    Dear Mr. Rajiv,

    Thank you for taking my question.

    Mentioned below is my immigration scenario -

    I am currently on Company A's H1-B valid until August 2019. My 140 was approved in 2012 (EB2 category) with Company A.

    Now in 2016 , I am planning to join Company B after giving the notice period.

    Note : Company B will be doing my H1-B using Company A's approved I140 to file my H1B as I have completed my 6 years. I will be going on Company B's H1-B and hoping that it will be valid beyond Aug-2019.

    I have the following questions :

    Q1 . Can Company A withdraw my I140. Will USCIS revoke my I140 on Company A I140 withdraw request ?

    Q2. Can Company B retain earlier approved Company A I140 priority date of the Year 2012 [if they file I140 in next 6 or 12 months] , even if, company A has sent I140 withdrawal request ?

    Q3. My spouse H4EAD is approved and valid until Aug 2019 on the basis of Company A I140. What will happen to it if Company A sends I140 Withdrawal
    request ?

    Thanks again for your help.

    Ray Yeber
    potterp385 likes this.
  4. yeber

    yeber New Member

    Dear Sir,

    Just saw the video for the last conference call. You have answered my above question. Please disregard the same.

    Thank you very much.

  5. I485_help

    I485_help Registered Users (C)

    We are in EB3 India category with PD of 12/17/2005. My husband who is the primary beneficiary received an RFE for medical exam which we submitted last month, but myself and my children haven't received any RFE yet. Since our PD is just 2 months away, is this something to be concerned about? Should the dependents receive an RFE for medical exam or it is at discretion of USCIS? Last medical exam submission was in June 2007.

    Also, is it OK to go ahead and get medical exam done and submit it to USCIS without receiving an RFE?

  6. J1question

    J1question New Member

    Thank you very much for the help. We have a question about applying for an adjustment of status from a J-1 visa to a green card based on marriage to a US citizen. My husband is German but a resident of Sweden and I am American. He has been in the US on a J-1 as an exchange for part of his phd studies from Sweden. We have applied for an advisory opinion from the State Department to determine whether he is actually subject to the two year home country requirement but we are still waiting for an opinion. If he is subject, we understand that he would need to apply for a waiver of the home country requirement (we will request a no objection statement from Sweden). His J-1 will expire on August 31, 2016. Our questions are regarding the order of the applications:

    Q1: Can we apply for the adjustment of status now, while we are still waiting for an answer on the advisory opinion?

    Q2: If he is subject to the two year home country requirement, does he need to apply for the adjustment of status or the waiver of the home country requirement first?

    Q3: If we have to apply for the waiver first, can we apply for the adjustment of status before we obtain a decision on the request for waiver of the two year home country requirement? In other words, could we apply for the waiver and then immediately apply for the adjustment of status as well? Or, do we have to wait to apply for the adjustment of status until we have a decision on the request for waiver?

    Q4: If he does need to request a waiver, we are worried that his J-1 visa will expire before we get a decision on the request for waiver. If it does, could we still apply to adjust his status after August 31 (when the J-1 expires)?
    Last edited by a moderator: Jul 13, 2016
  7. AG1557

    AG1557 New Member

    Thank you for your help. Our employer based GC got approved for 10 years recently. I had a couple of questions:

    1. Any important next steps we need to take while converting to GC from H1 and H4?

    2. We are planning on travelling to India in Dec for 3-4 weeks, any prior passport stampings/procedures to be followed for re-entry?

    3. Can I change my employer at any time? Or Should I wait for 6 months before changing employer? Either case, any issues with the naturalization or any issues in general?
  8. Manglesh

    Manglesh New Member

    Hi Rajiv

    My labor have been file on DEC 2015 and i have not received anything from DOL and my H1 last date is 30 AUG 2016.My employer have file after 2 months and 9 days of 365 days.So if i don't get approval i can go for F1 status and after 2 months and 9 days can i come back on H1 still my labor is pending as i have not completed total of 6 years of H1 as i have still 1 month left on my H1 before changing to F1 status. as i have fulfill the criteria for 365 Days.

    So if i completed 365 days i can come back from F1 to H1? How easy is this? if labor is still pending.

  9. b.sundar

    b.sundar Registered Users (C)

    Dear Rajiv

    I got an approved I140. My H1 B is expiring on March 2017. I am trying to change jobs with-in my company. The job will be at least 51% same as my previous job. This is my understanding on what needs to be done: Change jobs, amend H1B and I will get H1 extension for 3 years then refile PERM. Please correct me if I am wrong and Please make suggestions.

    What do I have to do if I switch to a new employer ?
    Can they use my approved I140 and get me an H1B extension for another 3 years ? so that they can use this 3 years to refile PERM & I140.
  10. charantejm

    charantejm New Member

    Hello Rajiv,

    I'm working full time for company A since one year and another company B filed i140 petition recently as an future employment. Upon i140 approval, Is my spouse eligible to apply H4 EAD using i140 approval notice from future employer ?

    Last edited by a moderator: Jul 13, 2016
  11. ChandiK

    ChandiK New Member

    Hi Rajiv,

    I would like to thank you for your community service before I ask my question.

    My question is:
    1. I have traveled to Canada on expired Visa under the Automatic Visa revalidation process. After the travel, I moved to a different state and client, thus amendment and LCA is filed and has been processed. I want to ask Can I travel again to Canada under Automatic Visa revalidation? Also, can I travel monthly once till I get my stamping done in my home country?
    2. At the same time, my role is different at the new location what is mentioned on my LCA and would like to change. Please tell me whether LCA and amendment needs to filed again and does it take the same time as extension. Also, is it possible to travel home country during this amendment?
    Last edited by a moderator: Jul 13, 2016
  12. Jai1245

    Jai1245 New Member

    Hi Rajiv ji,

    My I-140 approved on March 24, 2016 in EB2, however there was an error on priority date,

    I have received amended approval notice on April 11, 2016 with valid priority date.

    I am currently planning to change the employer, however I read article of Proposed Regulation for I-140 Revocation Protections If employer doesn't withdraw with in 180 after I-140 approval (I understand that this rule is not yet implemented). so I am planning to stay with current employer until 180 days completes.

    In this case, from which day I need to count 180 days [First time approved notice Vs amended approved notice]

    1) from first time approval i.e March 24, 2016 (First time approved notice)
    2) amended approval i.e April 11, 2016. (amended approved notice)
  13. PMJ

    PMJ New Member

    Hello Rajiv Ji,
    Can an EB primary beneficiary cancel/withdraw his or her spouse's I485 in case of marital disharmony?

    Last edited by a moderator: Jul 13, 2016
  14. PeterPelc

    PeterPelc New Member

    Can one have two EB-2 PERM applications in at the same time for similar future jobs, if one had intent on joining the first company when they first applied, but then decided they liked the second company more later on and decided to switch intent to the second company?
  15. Anirudh Bharadwaj

    Anirudh Bharadwaj New Member

    Hello Dr.Khanna how are you doing today? I have a relatively SIMPLE but IMPORTANT QUESTION to ask you, as I haven't yet seen an answer for this anywhere, SUPPOSE a CANADIAN CITIZEN who was living in the US under a VISA gets DEPORTED, what happens to this person after he/she gets DEPORTED back to CANADA if this person has no RESIDENCE or FAMILY present in Canada, WHERE does he/she STAY, or what are the LEGAL REPERCUSSIONS faced by this person?
  16. Ttdooaes

    Ttdooaes New Member

    Dear Rajiv,
    I am applying for Citizenship and need help to fill N-400
    I has arrest in 2003 and case is STET and later Expunged. Now I can not get
    any paper or certified copy from court because Court Clerk told me all record
    is destroyed.
    Original document was attached with I-485 . I have only copies. What I should
    attached with my application.
  17. R2I2005

    R2I2005 Registered Users (C)

    Dear Mr. Rajiv

    Mother-83yrs old is in India by herself (Father passed away 3 years ago)
    She has a multple enrty Visitors VISA until 2023
    She last visited USA in 2013
    I'm a US Citizen, have stayed here for more than 15yrs
    I can provide Letter of support
    Mom will stay with me in MA after immigration

    1. Given her intent to immigrate, is it better for me to apply for GC through
    consular processing in India?
    2. What other options are there that maybe faster given current processing
    times ?
    3. Do you recommend concurrent processing ?
    4. What has been your experience with concurrent processing through consular
    processing in India ?

    Thank you

  18. vinks

    vinks New Member

    Hello Rajiv Ji,

    I have a question on Passport correction for GC process ( Birth certificate show as 'A' country and Passport shows place of birth as 'B' country)
    My Perm has been approved as per my Birth certificate 'A' country and I am in process of 1-140 now, since I process of correcting in my passport ( i.e Place of Birth is different country) and filed a case to correct my passport ( as per India process) and this case under in process.however I have original Birth certificate handy with correct country. My question
    1.Does immigration will check my passport also during I- 140 Process ? or only Birth certificate?
    2. If in case both the documents required. can we say that we are in process of Passport correction and produce all court relevant documents for proof?

  19. Ishajain

    Ishajain New Member

    Hi Rajiv ji,

    Would like to know what happens to the status of an H1b worker whose employer/company goes bankrupt or closes? What happens to his dependents who are on H4? How many days he is left to file for a new H1b transfer or change of status and how long he can stay legally in the US?

    Thank you for your advise.

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