Recording Available, June 30, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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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: July 14, 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: Can one work during H-4 EAD renewal

Dear Rajiv Sir,

My wife Current EAD (H4 EAD) expires after 15th July. Both my H1 and her H4 are approved and we have applied for renewal on May 9th and it is pending with USCIS. She is working at this moment and based on the processing times 3 months, it appears we will be delayed by a month. Can she work during that time based on her pending EAD renewal application or is there any restrictions?

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FAQ: Can a green card applicant (sibling of US citizen) remain in USA while green card is processed
Hi there,

I am hoping you can shed some light on a matter concerning a sibling immigrating. I am a US citizen and I would like to apply for my brother to immigrate. He currently has a 10 year multi- visa and is visiting. Is it possible for him to remain in the country during the paperwork process for his green card and adjustment of status? Also, would he be able to obtain a work authorization?

Any answers would be greatly appreciated.

Thank you for your assistance.

Tracey Spear
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Hello Sir,

I am on H1-B visa and came to USA on Feb 2012 and I-140 is approved and my second H1-B term will expired in April 2017.

I am planning to join new company (B) they will transfer my H1-B

1. can they file my H1-B extension same time to get 3 year extension with my present approved I-140 ??

2. Should I wait for my company to file extension and after that I change my job ?

3. How things will work, if I get 3 year extension then I will be able to change my H1-B with new employer (C) ?

Dear Rajiv Sir,
I am an Indian got married to U.S citizen in 2013 in India.She came India for 15 day with in that period we got married in Church.After she went bach and filled I-130 petiton for me which got approved by USCIS in 2014.All required documents and fees has been paid only affidavit of support left which she has to give for me.I have her name as my wife on my Indian passport.During this whole process she started dating n intimated with other guy in U.S and gave birth to a babby girl.At present she is in relationship at third place.She cheated me,ruined by future make me embarrassed.I request you to give me right advice what to do further,is it possible for me to file I-360 from India?

Any answers would be greatly appreciated.

Thanks for your assistance.

Ravinder Singh
Dear Rajiv Ji,
I worked in US for 10 years (Aug 2004 to Dec 2014) and came to India on Advance Parole. I am living and currently working with India branch of my US company who has filed my GC. My GC cards have been sent to production and I shall get them delivered at my NJ address anyday in a week or so. My questions
1. My friend is coming to India next month and can bring my GC with him. Can I enter on GC next time coming to US or would you advise to enter on H1-B/ EAD only?
2. Do I need to work with my employer in USA for 6 months to prove the intent of employment with him after getting GC?
3. What are my options/ways to keep my GC active if I have to stay in India for few more years due to my parents health?
4. What is minimum requirement (for stay in USA) for getting USA Citizenship?
Thanks for your response.
Mohit Garg
Dear Rajiv Sir,
I came to US in 2010 in F2 visa. we converted to H1,H4 visa in 2011..we haven't gone to India since then.
this is the scenario
-we don't have any h1b/h4 stampings on the passport.
-Green card is in processing and priority date is JAN 2012.
-We are in the process of applying extension through PP as our I 797 expiring in Jan 2017

My question is
Will it be problem if i alone go for h4 stamping ? considering i haven't visited India in past 5 years.
Will the VO ask to appear the primary H1 B for stamping?

Little bit of history .we were in US from 2001 to 2005 with H1b/h4 visa but when we visited India in 2005 we were given 221g for administrative processing which cleared in 6 months but we didn't pursue coming back to US at that time
Given that history we were reluctant visiting India for all these years

Please advice
Thanks for your responce
Hello Rajivji sir,
our Priority Date is 05-05-2003.
My immigration visa(INDIA F4 category ) interview is done on 20-MAY-2016 at Mumbia, We received visa refusal under 221g letter from officer on that day, stated that provide your financial asset valuation documents of sponsor. and put our case in administrative processing.when we submitted asked documents to drop box on 9-June-2016. then we received that your case is not current and retrogression is done.
We payed all visa fee,medical report,Plolice certificate all will expire if one year will pass ?they have take all our documents in there custody on interview day. once one year is done after that date do we need to do all process again? I have CSPA advantage.. what will happen to that situation, is my age is frozen on my visa interview? or it will be calculated again as per CSPA?
How fast cut off date will tend to move after retrogression in visa bulletin? current cut off date is 01-JAN-2001!
do we have any legal way to correct the situation?

Please, provide your guidance on this JUNE 2016 retrogression.

FAQ: proving ties to home country for tourist visa

Hello Mr Rajiv
1. I have a question on B2 visa for my parents. How can I show strong ties to home country for them, both of them are retired. My father was in farming earlier and mother is housewife. They do not have any property on their name. However my elder brother and 2 sisters (all married) are in India and my parents stay with my elder brother, taking care of their kids.
2. If i book a return airfare ticket will this be suffice to convince during visa interview that they will come back ?
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FAQ: Can I look for a job while EAD is still pending

This is related to H4 EAD. If a person has received the receipt notice of EAD(I797C) from USCIS, can he start looking for jobs/attend interviews (not joining the company) when the EAD application is in process with uscis, and later on when the EAD card is received proceed with joining?
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My labor have been filed and is has been six months, i have not received the approval yet.My priority date was Dec9 2015 and current the date are 31 march 2016.
What would be my next steps? how should i get an update from DOL? s

My employer or lawyer can get a update from DOl or not? Is there any way my employer can inquire about it?

Please guide

I was not able to attend the June 16 call and am not able to see any recording posted for the June 16 session

Here is my question
- Is there a 6 year limit on capturing time on H1-B without going for a fresh visa application
- Is this 6 year limit from the last time your H1 was approved or the last day you were in US on H1 ?
- If I had an H1 from 2005-2009 and then I was on H4 till 2012 can I still re-capture time on my H1 ?

Hi Rajeev,

I came to US in L1 Visa and my I-94 got expired in 31-AUG-2013 and another employer filed my H1B visa and I got approved in AUG 2013 and had the same I-94 valid that was from 01-OCT-2013. I overstayed 1 month (SEP 2013).

1)I am planning to travel to India now and will this be an issue in VISA stamping or in port of entry.

2)If they ask specific question related to this overstay what should I tell them.

Thanks in advance for your community service.
Hello Mr.Rajiv,

I have a question in my Priority date. My EB2 I - 140 was approved from Company A. After few months we got a intent to revoke notice for 'Ability to pay'

In Notice :

8 C.F.R. 205.2(a0 stats that any Service officer authorized to approve a petition under section 204 of the Act may revoke the approval of that petition upon notice to the petitioner on any ground other than those specified in § 205.1when the necessity for the revocation comes to the attention of this Service.

8 CFR 204.5(g)(2) states:
Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. ............................

. My employer replied with all documents. Finally uscis revoked I - - 140. We filed MTR.Meanwhile I tried to transfer my H1B to company B. Company B filed my H1B and labour application.

I am past 6 year in my H1B. USCIS open my MTR and denied it and denied my H1B transfer of company B petition as I donn't have approved I -140 after 6 year.So I was forced to continue with employer A.

At the same time the labour continuous with employer B. After few months it Got approved . Employer B applied I -140 and got approved. I applied the H1B transfer to employer B. H1B transfer was approved.

When I noticied my priority date in company B I -140 , they put the old priority date. I would like to know
whether USCIS really recaptured my old priority date or by mistaken they put the old date..

* If it is recapyured, what basis they did this?
* If it is a uscis error , how can I correct this?
* If it is a uscis error, will it impact any problem in my current approved I -140.

* which date can I use to file my I -485?

Any answers would be greatly appreciated.

Hi Rajivji,

I was picked in the H1B lottery this year (Non-AD/RP/California Service Center). I'm still waiting for my H1B approval. I'm currently in the United States on an F1 visa and am graduating in the first week of September. Between the time I graduate and the time my H1B becomes active, there'll be a few weeks of gap.

I'm currently doing an internship on CPT and the internship ends on 12th August, which is before I graduate (my CPT is also approved till 12th August). My internship provider recently told me that they want to extend my internship beyond 12th August and would like me to continue working with them till 30th September (from 1st October, I plan to go and work with the other employer who filed my H1B).

My school suggested that I can file for OPT to continue work with my internship provider and that there's something called a pre-completion OPT which I can request even before school ends. I have the following questions:

(1) If I file for OPT while my H1B petition is still pending approval, does that void my H1B petition automatically (or affect it in any way)? I certainly do not want to risk my H1B.
(2) If its okay to apply for OPT while the H1B petition is pending approval, do I need to do anything from my end when the H1B gets approved? Or will my status automatically be changed to H1B from October 1?

Hi Rajiv,

I am elaborating on my current situation,As I need to Travel to India on an emergency.

I got my passport stamped in June 2015 with my previous employer "A" and have the expiration date in Sep 2017. Now After having my H1B transferred to current employer"B", I have received a approval notice (I-797) expiring in Aug 2018.

Can I travel India with my previous employer's "A" valid H1B Visa stamping and return back to USA without any hassel ?


Do I need to get stamped again with my current employer "B" in order to return back to USA ?

Kindly advise as I need to know current immigration policy.

Hello Rajiv,

Request your advice on my situation.

Visa details - L1A, EB1 Category, I-140 approved, EAD / AP received for me and wife, I-485 pending (filed on March 2016), My Kids AP - not yet received
Employment status - Laid Off and Employer confirmed that they won't revoke my I-140.

1) Will it be any impact on GC process if I join a new employment before I80 days? (something similar job as per my I-140).
2) Is there any challenge in travelling outside and coming back to USA on AP?
3) Does the immigration know about my laid off situation if I use L1A / L2 visa for re-enter?

Really appreciate for having this community call. Thanks much.

Dear Mr. Rajiv,

My I140 was approved in 2012 with company A. Now (in 2016) I am planning to join Company B after giving the necessary notice period to company A.

My question is -

1. Can company A revoke my I140 ? Does it cost them to revoke I140 ?
2. Can company B retain company A's I140 priorirty date even if it is revoked.

Thank you for your help.

Ray Yeber
The recording is posted.

I was not able to attend the June 16 call and am not able to see any recording posted for the June 16 session

Here is my question
- Is there a 6 year limit on capturing time on H1-B without going for a fresh visa application
- Is this 6 year limit from the last time your H1 was approved or the last day you were in US on H1 ?
- If I had an H1 from 2005-2009 and then I was on H4 till 2012 can I still re-capture time on my H1 ?

Applying for Reentry permit and working from India.
I am a Green card holder.
1. How long before should I apply before leaving USA for less than 2 years?
2. Time taken to get it approved and receive the Re entry travel doc?
3. Can I apply msyelf for rentry permit myself?
4. Like to get married in India and raise a family while I am in India with Rentry permit. Can I get apply F2A for my wife and possibly my new kid while working from India using consular processing in India ?
5. If It takes my wife and possibly kid more than 2 years to get their GC through F2A, I would like to return back to US and then wife an kid can travel to the US after their GC is approved?
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