Recording Available, June 16, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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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:
(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: :
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: June 30, 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.
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FAQ: Traveling on I-551 stamp and maintaining green card

I came to usa on march 2016 on family immigration my mother sponsored me.I left usa May 2016 to visit India for some urgent work without getting my physical geeen card but do have I 551 stamp on my passport.
My Question I have to go back usa withing 179 days if i dont have any extension letter. after how many days can i leave usa again after coming back to maintain my Status without any problem.
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I have a pending I-485 through employment with priority date of Oct 2009. I recently got married in Aug 2015 to a US citizen. After that my attorney applied for the I-130 and it got approved in Feb 2016. However I didn't receive any notification for interview, fingerprinting, or the usual process related to I-485. When I asked my attorney about this, they mentioned that they did not apply a separate I-485 through marriage. They expect the USCIS to connect the existing I-485 application to the approved I-130. When I asked to apply for separate I-485 the attorney said to wait a couple months as they have raised the issue to AILA and see what happens; additionally they mentioned that new I-485 will take 8-10 months anyways so waiting would be a good idea.

Recently I received a notice that my application has been transferred to the USCIS-NBC office in MO. My attorney said that the NBC office is the one processing Marriage-based applications so looks like there is a forward movement in my application. I called USCIS help-desk and they indicated that my application has been assigned to a field office.

Few things I wanted second opinion on or have questions.

1) If I decide to switch jobs would I need to file a AC-21 to notify USCIS of the new employer? My current attorney stated that there is no need for this since the application will be connected to the marriage-based I-130 and that I can move freely. Is this correct?
2) If I can switch, then do I have to switch jobs with same job description? Am I tied to the job description in my existing I-485 or I can pick up any employment?
3) Is there any risk to the I-485 application from existing employer (who applied the I-485) if I switch jobs?
4) Is there a way to confirm whether the application is at the local field office? I have not received any notification (besides change to USCIS-NBC) that my application is with the local field office.
5) What are the next steps given that USCIS help-desk is saying it is at the local field office?
6) Are there any processing timelines I can expect now?

FAQ: Quota H-1 changing jobs before 1 October


I am currently on my OPT extension and my EAD is valid till June 2017. I have my H1B picked from employer A and I am awaiting approval. Meanwhile, another company B has approached me with a better offer. I have the following questions -
1) Am I legally allowed to change my employer before Oct 1st and before H1-B visa stamping?
2) If it is possible, will there be any consequences/issues during green card processing in the future?
3) If employer B files a petition for H1B transfer and results in RFE, what will happen to my H1B petition with Employer A? Also, will Employer A know of the RFE?
4) If employer B visa transfer petition is denied by USCIS, what will happen to my original petition with employer A?
5) If employer B visa transfer petition is approved by USCIS, can any of the actions of employer A lead to withdrawal/cancellation of H1B status itself?

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Hello, i could like to know the options available for me to stay in USA for a longer time.
1. L1B visa expired, staying with valid i94 (expires by 8th April 2017).
2. For the last two years company applied H1B, but not picked in lottery.
3. GC process just started.

Any options like H1B visa with cap exemptions, or any other options available?
EB-2 and how to find a company that sponsors green cards

#1. I would like to ask if it is possible to get an EB2 visa, based on an MBA from The American University, Wash DC, or its just for MA or MSc masters degrees?
#2. Additionally i would like to ask if anybody in the US is professionally involved in matching appropriate candidates without green card with companies that post jobs in their sector.
The reason i am asking is that 100% of all jobs that suit my case require the existence of a green card in place. No company that i have found offers jobs to not eligible candidates. So its a dead end unless somebody out there does this matching between an eligible eb2 visa candidate and a company that would consider employing a non visa holder.
Thank you!
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I have valid H1b visa till Sept,2017. I landed in USA on Feb 18th, 2016 and had to return on Feb 19th, 2016 (the next day after landed) as my wife met with an accident.
Again, i landed on May 15th, 2016 , this time CBP officer had discussion about first time return and checked all documents and stamped till Sep, 2017.
But this time i had to return on May 17th, 2016 as my health was not supported.

In my case, i again can try for the travelling to USA? If not, what is best time to retry and when can i retry for the travel?
For your information i have valid B1 visa till Oct 2023.

If i can't travel now, with current H1b visa, shall i be eligible for cap exempted in future?

Thank you!

I'm on H1B VISA in USA Chicago and trying to apply for Canadian Visitor VISA. In 2010, I had a misdemeanor and the case was dismissed and expunged. I'm applying for Canadian Visitor VISA and there is a question in the application - " Have you ever committed, been arrested for, been charged with, or convicted of any criminal offence in any country?" The possible answers to this question should be given in Yes and No. What should I answer?

My answer saying "Yes" will affect my application and not getting VISA?

Any help will be much appreciated. Thank you
I have stayed in US for 2yrs 6months on H1B, and left US in July2010. Since it is less than 6yrs that I left the country, can I find another job and employer and transfer my H1B to new employer with cap exemption? Or should I apply as new H1B within cap?

Advance thanks for you help.
Hello Rajiv,

I am on OPT that expires on July 17 2016. My employer filed for H1b this year and I was selected in lottery and my university issued cap-gap I-20 that will allow me to work between July 17 to September 30th. I just converted my case to premium processing and I should get a result for my H1b (hopefully approval) by the end of June 2016. My questions are:

1 - My wife is in India, Once my h1b is approved should I apply for her F2 (we are planning to do that right after my h1b is approved) and apply for change of status from F2 to H4 once she is here? Will she has to go to India in September/October for change of status to take effect?

2 - What will increase her chances to get her visa approved in the first attempt, applying for F2 in July or wait and apply for her H4 directly?


Hi Rajiv,

Need your help in checking if i can get my H1B transferred from this employer to another with delayed pay stubs. I started working for this firm from March 1st,2016 and have been getting the salary on time every week. But since this is a small company, they delay showing the payment to ADP since the tax is deducted from the employer as soon as they show. Because of this reason, though i have been getting the salary credited in my account on time(direct ACH deposits), but get pay stubs late. For the month of May, i would receive it sometime in July only, so there is a delay of 2 months.

I can show that I am receiving the salary on time from my bank statements, since they are direct ACH deposits from my company.
So is there a way, a H1B transfer can take place with these old pay stubs.
Any information on this would be great.

Thank you !
I won DV lottery in 2012, got visa and went to US. I made the mistake of writing my birthplace wrong. I was born in Pakistan and said that i was born in Afghanistan. I thought they won't allow me participate in DV under the Afghan nationality, though I was an Afghan. I also made the mistake of bringing them a birth certificate from Afghanistan. Now can I change my birthplace to Pakistan when Applying for naturalization (citizenship)? What could it cost me? Will they take my green card back because I lied?
FAQ: Correcting names discrepancy FNU LNU

Hello Attorney,

I have only one name in passport, when I came to US, embassy in India has rules, like add FNU as first name if only one name and I got visa stamped with FNU as first name. While in USA, when my company applied for H1B extension it came as LNU (as last name) and after then, when my employer started GC, they started with LNU. Now at some places it is still FNU (Tax, Credit cards etc which I get before H1B Extension), my H1B extension coming soon. What should do to fix it?

If I split my name on Indian passport, then how tough it is to get update to GC process, H1B process? Or is this advisable to split name at this stage?

Please guide.
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hi Sir,
My current H1B(I797) expired in May 2016. Extention in progress from Feb-2016(still not approved yet).
I have my I-140 approved in Apri 2016.
Due to my current project is closing out in this month, can i move to any new employer now? So, H1 transfer from new company will be any issues because i dont have approved I-797 currently?
please help me.
Dear Rajiv,

I have two questions:
1) I am an italian citizen under H4 visa in the process to open a company in the United States in order to apply for an E2 Visa. I was planning to open the company 70% and 30% with my wife (Spanish citizen). Today I have been asked by an american citizen if he could be part of the company as well. Can a treaty country citizen partner with an american citizen when applying for and E2 Visa? If yes, are there any special requirements?

2) My wife is currently under and H1b waiting for a response to her RFE of change of employer. Her visa is valid until Setp 2017. As mentioned I am in the process to prepare documentation to apply for an E2 visa. In the scenario that she travels with to obtain the E2 visa to Italy and, during that time, she gets a refusal for her H1b transfer, could we go back to the U.S. to organize our things and get back to our countries? If not, what is the possibility?

Thank you so much.

Dear Rajiv,
I lost my job on Feb 15, 2016. I was working on H1B ( petition approved until Jan 2017)

I filed ( sent the application packet by USPS) a change of status to B2 visa application (form I-539) on Feb 16th, 2016.

USPS tracking shows that my application packet was delivered on Feb 20th.

I have been staying in the US since then.

I received a RFE that I have to respond by July 04.

USCIS have asked for the following:

1) Travel arrangements for Departure from the USA: Provide documentation such as airline tickets that establishes you have made arrangements to depart the US upon completion of your temporary stay.

2) Evidence Pertaining to the Applicant’s H1B Status

Copies of pay records (leave and earnings statements, and pay stubs) for the period covering Feb 01, 2016 to Feb 22, 2016.

Since my job had ended on Feb 15th, I do not have any document to show as proof of employment beyond Feb 15th. Therefore I guess that my change of status request would be denied after I submit the documents asked.

What should be my approach so that I can stay until end of August first week and then leave the US before hitting the 180 days mark of unlawful presence (starting from Feb 15,2016) ?

Thanks a lot for your advice.
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I am third year postdoctoral researcher employed on a H-1b visa sponsored by a major public university in northeast USA. Due to yearly nature of postdoc appointments, I don't travel to India frequently and therefore I currently don't hold a valid US travel visa. Additionally, my H-1b extension, just like previous years, was filed through 'non-consular', 'regular' processing and is still pending approval at USCIS.

In the meantime, two major (& totally unexpected) developments have taken place in my life:

1. My father unfortunately suffered a hemorrhagic stroke while visiting my brother at Bangalore and had to undergo brain surgery on an emergency basis. Needless to say, my family really needs me in India ASAP and are in possession of necessary medical documents to prove the case.

2. I very recently received a new postdoctoral offer from another faculty at the same university and very soon a H-1b amendment is going to be filed by my university through premium petition (partly to expedite my travel to India).

My questions:
A. After going over website, I am still not sure whether my case qualifies for an emergency visa interview appointment at a US consulate in India. I am very worried that if my university files my H-1b amendment through 'consular' process and if my request for an emergency visa interview gets denied, I will be stuck in India until September (next available interview date for H-1B and L1 visa holders) and may end up loosing my new job which I am supposed to start at August 1st, 2016.

B. In your professional experience, on average, how early can an applicant get an emergency visa interview date when the regular interview dates are hovering around September. I fully realize that this is a hypothetical question but a ballpark (a week, a month etc.) will also be a big help.

Kindly suggest me the best approach for my case so that I can see my father and retain my new job as well.

Thanks in advance,

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I need urgent help and guidance.

I am in my H1-B second term and 4 Year and 5 month are complete, My I-140 is approved and i have priority date May 2013.

I am going back to India, now I have 2 choice .

Q1 : If I will leave my present company in India, then they will revoke my green card and H1-B visa.

· My new company will able to transfer my H1 B after my present company revoke my green card ?

· I have not finished my 6 Year and after few year I can be in H1-B cap or they need to file new H1-B (lottery ) ??

Q2 : If I will not leave my present company in India, then they will not revoke my green card and H1-B visa.

after 2/3 year if my company will try extend my H1-B then they will be able to extend it ? or they need to file new H1-B visa ?

Please guide me how I can preserve my H1-B and present priority date ?

I need urgent help and guidance.

I am in my H1-B second term and 4 Year and 5 month are complete, My I-140 is approved and i have priority date May 2013.

I am going back to India, now I have 2 choice .

What all the possible ways to stay in USA ? Can you please guide me how I can preserve/prevent my H1-B and priority date ?
Hello Mr.Khanna,

I am currently working as a Customer / Technical Support Engineer (post-sales support engineer )for the same company for 3.5 years and my I-140 is approved.Within the company I am wanting to move to Sales Engineer role which will be pre-sales engineer compared to my current role.

I am aware that an H1B amendment needs to be done for the new role that I want to pursue but what I am not sure of is the GC process.

As far as my Labor filing goes, the title " Network and Computer Systems Administrators " (skill level 3) is used for the current job role which describes the job duties almost the same with what I do now but is only missing on the Sales part.

Do I still need to get my GC refiled with the new job role or is H1b amendment enough?
Thank you !
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