Recording Available, June 21, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
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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: July 05, 2018
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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: Changing jobs after I 140 approval
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Hello Rajiv,

I have my I-140 approved through my current employer(Employer A) and I have been working with them for 1 year since I received my approval . I am contemplating changing my employment to Employer B. Before I do that I would like to understand what could be the repercussions of such a change. Here are some of the things to consider:
  • Employer B will be offering a substantial pay hike than what I currently make
  • Employer B will be offering a higher position than what I am currently designated with Employer A though the line of works remains the same.The job responsibilities might not entirely change but will be different.
  • Employer B is not committing to file for my PERM and I-140 for atleast the next 1 year.
  • My current H1-B visa expires in June 2019
I have the following questions
  • Can employer A revoke my current I-140 after I change my employment?
  • Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?
  • Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
Please advise.

Thanks.
 
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FAQ: Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A?
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Hello Rajiv,

I am currently on L2 EAD (since Jun 2017) and work for Employer A

My Background
  • MS Student (F1) 2003-2005
  • H1 -B (Nov 2005 - Jun 2007) with Employer B
  • H1-B (Jun 2007- Aug 2009) with Employer C
  • H-4 (Aug 2009 - May 2012)
  • Moved to India May 2012 - Jun 2017
  • L2 (EAD) (Jun 2017- Present)


Can my current employer (Employer A) file for my Green Card ?
After I-140 is approved can my current employer (Employer A) file for an H1-B for me without going through the CAP quota ?
Would this be a new H1 b Filing or H1 B Extension ?

Thanks
 
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FAQ: Can an employee withdraw an H-1B petition?
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Hi Rajiv,

Thanks for your services to the community.

Question: I'm working on H4 EAD with company A. Company B filed for H1B for this year and it was picked in lottery but no decision made yet, now I don't want H1b and asked company B to withdraw the H1b and he agreed to it and shared the H1b withdrawal letter along with the I129C notice. Just to make sure that the petition is withdrawn without any issues, can I also post the same letter again to USCIS with company's from address on it?
 
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FAQ: How to add forgotten information on to a naturalization application/N-400?
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Hello Rajiv ji,

Thank you for your assistance to the community. I filed for my N-400 and then had requested my Driver's History from NJ DMV just to be sure that my account is in good standing. I received my Driver's History after few weeks and my account is good standing, however, I had one traffic ticket 16 years ago about which I had completely forgotten to mention on my N-400. Therefore on my N-400 I had selected "No" to the citation question.

My question - should I let the officer know right in the beginning of the interview that I would like to amend my N-400 for that particular question OR should I wait until he gets to that question and then let him know? What's the best way to deal with this error on the application?

Regards
 
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Hi Rajiv,

I have been renewing my H1B (extension) every year for about five years now because of a pending decision from the Department of Labor/PERM on our case on appeal (since 2009). My employer and I have been thinking of inquiring about the current status of my case but my lawyer has advised us to leave things as is. Is this sound advice? What other things can we do? I am thinking of moving to another state and change jobs. What will happen to my case on appeal? If it does get approved, should I immediately resign my job with the new H1B sponsor to go back to my green card sponsor to render due service? Or am I allowed to finish the year with my new H1B sponsor and then get back to my original employer? Thank you so much for all you do! Blessings and more power.
 
Hello Rajiv Jee,
I am on H1B visa(past 6 yrs) with i-140 approved and my wife is h4 holder. The question we have is- can H1B & H4 holder trade stocks actively(Day trade) or passively(Swing Trade) to generate some income to help household expenses. Does that considered as work which generates additional income which violates H1B and H4 rules? of-course we are willing to pay taxes on that additional income. Just wanted to know if thats legal/illegal for our status.
Thanks,
Nish
 
Hello Rajiv,

Below is my information:
Reached Used on F2 visa: April 2012
Changed to F1 visa: March 2013
Completed Master's: December 2015
OPT started: February 2016 (Started working from the date OPT started)

Employer filled H1B for this year and it was picked up in lottery. I wish to work till December 2018 and then join school for Spring 2019 to obtain another Master's degree.

Questions: 1) Will it be possible to change from H1B to F1 and when should I apply for F1 ?

2) And can I change back to H1B after I finish my Master's in 2 years (2021) (As I have used all of my OPT 1st time , I will not have an option to apply for OPT again after I complete my second Master's)

My 1st Master's degree is in Engineering (Obtained in December 2015) and I wish to obtain 2nd Master's degree in Business Management.

So, Will I be able to transfer my current H1B for a new employer with work field related to MBA?

Thank you
 
Hi Rajiv,
Please advise how can I extend/renew or update I94.

I have valid Visa or Work permit till 2020 , however my I94 validity is till May 2018 (due to my passport validity). I already applied for Passport renewal. So, now I am looking for I94 renewal process. Kindly assist on this. Thanks !
 
Hi Rajiv,

Great Initiative and Thanks for guiding all the people with there questions. I am currently in US on H1b and have been working with the same employer for over 2 years now . My questions are :

1) I Have done BSC in computer science, 3 years bachelors degree from India (Delhi university) + 2 year MBA (Post graduate diploma in management, From IMT India) + 1 year diploma in french. And i have over 10 years of post MBA progressive experience now in the IT industry. My employer will initiate my Green card application soon, i want to understand with my attained academics and professional experience would I satisfy the condition to apply the green card under EB2 category?

2) By law whose responsibility is it to bear the fee(overall expenses) related to application of the Green Card, mine or the employer for whom I am working?

3) When can my spouse start working as currently she is on H4, can she apply for EAD and start working once I140 is approved?

Thanks
 
Hello Rajiv - thank you for this

Have US masters - then got H1 - employer applied for GC / EB3 in 2009 (PD May 09) while I was in the US on their H1 but there was a qn on the PERM and it was denied - I worked in the US until h1 expired and returned to India in time -- lawyers appealed / explained twice between 2009-12 and years later the decision was reversed and PERM approved in 2016 - so the employer filed for 140 within 6 months and it was approved (Feb 2017) with the CP option

As the PD is nearing - have a couple of employers who are interested in transferring - they say GC is for future employment - so what if a new employer offers me a job with equal or higher pay -

Can I change employers now when I go for Consular Processing - - i.e. is there any chance to use AC21 to change employers via CP - I will have no issue getting a job and proving that its in the same field (HR) and I have two offers from other companies.

if thats not possible - worst case, I need to ask my old employer to give me an offer letter ? - (read somewhere that the offer letter is a must and must be notarised and be less than a month old ?)

Thanks very much
 
Hello Rajiv

Is my EB3 priority date and 140 valid after I-485 denial?, Can I re-use the priority date with new employer for GC process.

Thank you for the help.
Radha
 
Hello Rajiv,
I'm Glad for this forum and your time .
My wife is on L1A- [ BIG Indian IT Firm] moved from MO to IL so amendment applied and got RFE to show reportees [Before July 15] and their paystubs etc Org chart.
Some reasons their company is not supporting to respond to her RFE and she is currently in india.
My question 1: what is the best possible option she can do just incase their company wont support responding her RFE ? Meaning to be in safer side in future re-entry can you suggest any possible things she can ask her employer to do like withdrawing the amendment or any thing else ? [ to re-enter again in future after a year or so on L1A]
question 2: I was in L2-EAD till date now I got an offer from employer A who is filing COS to H1B [I had never used H1B approved status]. Lets say H1B is approved.
In future can I have any issues to do my COS to L2EAD if required ? [L2EAD to H1B to L2EAD possible ?]

Thanks and regards
 
FAQ: Changing jobs while H-1B RFE is pending
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Hello Rajiv ji,

I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.

I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April.

We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response

My contract is only till August and I received client letter which states the same end date with further possibly of extension.

This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.

Appreciate your response , I will be on the upcoming call so will be able to provide you more information on this .

Thanks
Trupti
 
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Hi Rajiv,

Thanks for your services to the community.

I have a valid H1B with I-797B approved on sep,2017 and visa stamped (valid till dec 2018) with my employer A but I never travelled to USA while I was with employer A. Now Employer B wanted to transfer or cap-exempt my petition so that I could travel to USA.

Please let me know whether my existing petition is eligible for the transfer process or any key points which should be considered in order to transfer successfully to my new employer.

Can my new petition be considered under cap exempt.

Thanks In Advance
Chakradhar
 
Hello Rajeev

My Visa: H1B. H1B was valid until (end of) Dec 2017. i140 approved through employer Ex-Employer in January 1st week 2017. The priority date of June 2014.

Paystubs: Ex-Employer generated paystubs (ADP) from Jan 2017 to March 2017, none post that. No paystub paid to me in 2017. Part of 2016 paystubs also not paid.

WHD Compliant: I complained to WHD in Aug 2017.

Return: I returned to the home country end of September of 2017.

WHD Investigation results:
When WHD Investigator reaches out to Ex-Employer in Oct 2017 for my claim (permission to use the name provided), Ex-Employer says/lies that they have sent a notification of termination of my employment to USCIS and her in Feb 2017! And that they are ready to pay the cost of the ticket back to home country. No documented proofs are given to WHD by Ex-Employer. Ex-Employer says it happened all over the phone!

I checked with my EAC number and found that in Oct 2017 USCIS has received some communication from Ex-Employer. Possibly it would be for revoking my H1B.

WHD Investigator has come back now/this month (May 2018) stating that Ex-Employer wants to settle the back-wages. However, WHD claims to not have said anything to me about the cost of the ticket/ transportation back to home country. WHD now says/ changes their previous statement that now, that it would not be covered. WHD now says that 'it was your decision to hop on a plane and go back to your home country'!

WHD has released a determination letter.

Please note that WHD has made other errors as well, despite having received all due documents from me in this regards, in not asking Ex-Employer to pay me the medical insurance amount they deducted for Jan-Feb 2017 when having canceled the medical insurance for me on Dec 31, 2016! WHD also forgot to compute the payback of excess medical insurance Ex-Employer took from my paychecks of 2016.

Question:
Basically, it can allude that had I stayed till the end of validity of my H1B (Dec, 2017), I would have gotten back wages for Oct-Nov-Dec 2017 as well! Is this not strange?

Given that I was not getting paid since Jan 2017, and no pay stubs since March 2017, was I not deportable by US government from March 2017? What should I do? Am I eligible to get the cost of the ticket/transportation back to home country?
 
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Hello Sir,

If Green Card is returned lawfully or could not return to US after 2 years, in any ways green card is no longer valid, is there a problem in receiving pension.

Thank You.
 
Hi Rajeev

My best wishes for all your endeavors, and gratitude for amazing work you do.

My question is if the wage on the LCA can be challenged after the prospective employer/ current employer files an LCA, especially when they do not disclose what is the prevailing wage determination during the filing of the LCA to the employee, and rush us/ employees up to quickly give our consent to give documents for H1B filing. I was trying to go through the regulations, but my research thus far could not make me find any statement that says it is mandatory for the employer to disclose the LCA's prevailing wage rate to the employee before they file the LCA. (I understand about collective bargaining, but that is a different scenario.) Also, the employment agreement/ contract they provide to be signed by the employee cannot be held against them with the help of DOL or Wage and Hour Division. It is not covered under the INA regulations.

Hence, given that my (/say a highly skilled worker has an) experience is of 12 years in the industry (7 of which is in the USA), with education from reputed institutions and education credentials evaluated for an equivalence of a master's degree, and a high-quality work/ niche regulatory reporting skills/ subject matter expertise all through, how can I challenge the wage mentioned in the LCA (68k), now after 3 years of it being filed with the current employer, and another LCA filed 2 years back with same employer with an even less wage than the first one (60k) when my previous employer's LCA stated my wage as 1.5 times the lowest wage stated by my current employer. SOC (ONET/ OES) code is 13-111 and salary is really low. Currently, it is even lower than what was offered and mentioned in the first LCA from my first employer in USA when I entered USA 9 years back.

And at which stage of the LCA being filed, before, after/ during can I object to the wage determination for my skills, given that I have no way to know what is the determined wage at the time the LCA is filed?

Or, in raw words, is the only way to deal with this situation is to wait for an employer who files the LCA with the due prevailing wage, that also matches the salary mentioned in the private contract with me/employee and the employer, and back out if they cheat even if they are proceeding to file the H1B as the immediate next step?
 
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Dear Rajiv,

I recently came to know that EB1 for India is retrogressed to 01 Jan 2012 since March or April of 2018 due to high demand.

EB1 for india became Non-current ( retrogressed) in June 2017 and Aug 2016 ( roughly speaking).

1) My concern is that why is it retrogressed to as far back as 2012.

2) I am on H1B, with a EB2 priority date of may 2014. Given the extremely slow pace of EB2 priority date movements, My intention is to take a job outside of the US for about 2 years and come to the US on L1A and then apply for GC in EB1 category. This whole effort would take about four to five years. The way EB1 category is retrogressing, it seems this whole effort of taking a job outside the US etc may be useless. Would appreciate your insights.

Thanks a lot for your help.
 
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