Recording Available, March 07, 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: 11, April 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

I applied for N400 under 3 year rule on 03/06/18. 12/07/18 interview. Passed English and civic test, but got denied result on 02/08/19. Officer said my husband works in Texas since dec 2017 while I am in California. We have other perfect documents though; joint stuff.

Should I appeal? I feel she goes out of timeframe for naturalization requirement 03/06/15-03/06/18. If she only considered timeframe, I lived with my husband in California.
 
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I have an approved I-140 from my previous employer and the priority date is current. I was laid off from my job after getting the I-140. My current employer just started the GC process and it may take another one or two months to file perm. Is it possible for me to file for 485 from my side using the approved I-140? I am also talking to the previous employer about rejoining them. If I re-join the company, do i need to join in the same title/job responsibility? Secondly is it better to transfer the H1-B first and then proceed with 485 filing or directly apply for 485 ?
 
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Hi,

I am on H4EAD presently valid till 2021. Due to present uncertainty over H4EAD future, I spoke to my present employer about applying for H1B and he is ready. Here are my questions:

1. Can my employer apply for H1B and Green Card at the same time in April 2019 ?
2. If I keep working on EAD, can my employer apply for Green Card without applying for H1B ? If yes, which way is the fastest to get a Green Card ?
3. Does having Masters equivalent degree from India and a professional accounting license from USA and working as a partner with the current employer, makes me eligible to apply for H1B under EB-2 ?
4. If my employer shows their intent that they want me for long term, is there a way to put forward a petition for expediting Green Card issuance process?

Thank you.
 
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SUBJECT: Passport has been Impounded successfully

Today I got the below Email from Passport.admin. INDIA govt RPO Office (I'm assuming this is in charge of False 498A on me in INDIA.)
Dear Applicant,
This is in reference to receipt of an adverse Police Verification report corresponding to your application for Passport, with file number xxxxxxxxxxxxx, dated 29/04/2014. Also state why action should not be taken to impound the passport number XXXXXXXXXX dated 29/04/2014 under Section 10 (3) (h), "A warrant or summons for the appearance/arrest has been issued by a court under any law" of the Passports Act, 1967 and Section 12(1)(b) of the Passport Act, 1967 should not be initiated against you.

Query --
1) Passport Impounded in INDIA means H1B Visa status invalid or still I can work till the VISA expiry date 2021?
2) USCIS can deport me back to INDIA ?
2) I got Canada tourist visa till 2024, that would be also invalid ?
 
Hello Rajiv,
I was working for Company A until they laid off our group on Nov 1 2018. At that point they also informed me that they sent a letter to USCICS to revoke my H1B. Immediately I got a job at Company B (A small consulting company). I joined on Dec 17th 2018 i.e. within 60 days of Grace period. The receipt is pending now. Now as of January 2nd I got another offer for Company C (Top 3 tech companies in the world). They also have started my H1B process and I have got the pending receipt as of last Friday.

My questions is two fold:
1. Should I join company C on pending receipt when already Company B receipt is pending? Is it too risky? They are asking me to join immediately?
2. What happens if I join Company C on receipt and in the meanwhile Company's B receipt gets denied or goes into RFE?
3. Do I later need the approval receipt from Company B for any reason i.e. May be for Stamping or Company C H1B petition etc? Is it a good idea to join Company C only after I get the receipt approval from USCIS for the pending receipt from Company B?
4. What happens if Company C receipt gets denied?

Thanks
 
Hello Rajiv,
My H1 was denied last year and I got H4. Now 3 companies are ready to file my CAP EXEMPT H1 for different clients and different positions (as I didn't complete my term in last H1). My questions :

1) Can all 3 go ahead and apply and I can choose whom to join irrespective of the order of approval OR
2) Order of approval of H1 will take affect - whichever comes last will be automatically active
3) Is there any risk if 3 applications are filed by 3 diff employers for 3 diff positions ?
 
Hello Mr. Khanna,
I hope everything is going well with you. I sincerely appreciate all the generous community work and help you are doing in your super busy life. It takes heart of a gold to be able to do what ever you have been doing.
My details as as below:
I am an Indian citizen here in US on J1 visa currently and my spouse is here on a J2 visa. I was previously on F1 , I have got my Ph.D. degree in Chemistry from Ohio, USA. (2011-2016). I also worked as Post doctorate researcher (with my F1-OPT) for one year (2016-2017) at Cleveland Clinic, Ohio USA. I received a prestigious fellowship to work at US army and material research command, Walter Reed Army Institute of research through National Academy of Sciences sponsored fellowship; this is a highly competitive international wide fellowship. The only downside of this offer was to switch to J1 visa. I made up my mind to travel to India with my wife (who was on F2 visa) and got J1 visa and traveled back to USA and took this position in Maryland (DC area). I started my work (Sept 2017-Present).
I am a trained Biochemist with hardcore training in advanced bioanalytical instrumentation including HPLC and Mass spectrometers.
My google scholar citations are: "30" and I have published "7" peer reviewed articles so far and presented my work at several national and international meetings.
My goal to convert to a O1 visa and then to GC:
My goal is to apply for a O1 visa and then EB2 GC: To stay a head in this process I have already obtained NORI certificates from my home department (Hyderabad, India) and from MHRD (Delhi, India). Now, I am holding on to the second step to obtain J1 waiver from USCIS and then get my NIW process done. (This is to make my profile strong before I file for NIW)
My Question/s to you:
1. Can a government origination sponsor O1 visa? I am trying to initiate talks with my bosses here to see if this is feasible. Your opinion would give me confidence.
2. Can the same organization sponsor me EB2 category GC after I am on O1-visa?
3. What alternative do I have? Does H1B (non-profit) to EB2 category GC feasible?
I hope you can offer me best possible advise. Looking forward for your answer.

V/R
Bharani
 
Hello Mr. Khanna -

Strange situation I am in:

1. current Visa : L1A
2. Max Out : Nov 2020
3. I140 applied : Feb 2019 / Nebraska / India under EB1

Question: After i140 approval, If EB1 PD date doesnt come till my Max out date, then what is the best course of action :

a. staying in Canada / India and opt for consular Processing ? OR
b. coming back to US with fresh L1 and file i485 ?

Can you pls shed some light on process of Consular processing for employment based EB1.

thanks
 
Hello Rajiv Sir,
I have applied for I-485 using cross changeability in Dec 2017, USCIS did schedule an inperson interview but they cancelled it, its been more than 5 months since the cancellation.
Question: Is there anything I can do as an applicant to get the interview? I did call USCIS but every time I call I get a reply saying I am under normal processing time.
 
Dear Rajiv sir,

I am currently on H4 dependent visa and planning to apply for Community College. I was told by Designated school official at school's Intl. office and confirmed that this one year certificate program is eligible for OPT.

I have a 4 year bachelor's degree from India but have no education or prior work experience or prior OPT/CPT in the United States.

Can I continue on the current status (H4 visa) for the first semester, apply for COS to F-1 before I graduate and still be eligible for OPT?
 
Hello Rajiv Sir,

Thanks for your help and appreciate your generosity in helping this community.
Following is my situation:
- Currently with Employer A (full time) for 9 yrs and filed GC (I-140 approved) and current H1b expires by Sept 19
- Got two full time offers from employer B & C & both are interested in filing H1b transfers. I am interested in joining employer B, but they are insisting on starting with H1b receipt and started the process for H1b transfer with employer B,
- My question is: in the worst case scenario, if I join employer B on H1b transfer receipt and if H1b transfer gets rejected, then do I have 60 days grace period to find another employer Or do I have to leave US immediately? In this worst case scenario situation, can I join employer C or my current employer A, if my H1b transfer petition for employer B gets rejected?

I will greatly appreciate, if you can answer my question.
Thanks,
Regards,
 
Hello Rajiv sir,
My F2A priority date is Dec 8, 2017. The cutoff date for March 2019 visa bulletin for the same category (India chargeability) is Dec 8, 2017 as mentioned on the chart. From what I have read on the instructions above the chart, it says "earlier than" and not "on or before".
So, will I be able to send my I485 in March 2019? Or should I wait till the cutoff date crosses Dec 8, 2017 in subsequent visa bulletins.

Also, my I130 is still pending approval. All I have is the I130 Notice of Receipt (I797). My understanding is that I can still file for I485 based on just the receipt priority date (whenever the priority date is cleared). Please clarify.

Really appreciate the help. Thank you.
 
I-485 RFE Received and it’s Impact towards the generation of EAD Card



Hi Rajiv,

I applied for I-485 / I-131 / I-765 110 days back.



I-485 RFE received after 110 days of I-485 Application. Still do not know what is the reason for I-485 RFE as I am yet to receive the RFE Notice in mail.



My Question is:



Does it have any impact on me getting my EAD / AP Combo Card due to this RFE. Only after replying to the RFE I will get the EAD / AP Combo Card.



OR



Does it mean that I-485 and I-131 and I-765 applications are different and I will get my EAD / AP Combo Card irrespective of my reply to I-485 RFE.



USCIS Online Status on I-131 / I-765 states as below:



Form G-28 Was Rejected Because It Was Improperly Filed



We rejected your Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Receipt Number, because it was not filed correctly. If you wish to be represented, please contact your attorney or accredited representative to submit a new Form G-28 to the USCIS location where your case is pending.



Please advise
Gokul
 
Hello Rajeev ji,
Background:
My education is 10+3 (SSC+Diploma) and I have 18+ years of work experience.
I came to USA in Jan 2012. My i140 got approved in Oct 2016.
Aug 2018 I received H1 extension denial and since Sept 2018 I am on H4 visa through consular process.
Denial reason is my education, as per USCIS it is a mismatch with my job duties, which I am performing since last 12+ years.

Query:
In current situation, lot employers interested to start H1.
Few are saying, I need to go with lottery process due to don't have past 2 months pay stubs. Is it true?
Few are saying, once premium starts we will file H1 based on approved i140 and it is a change of status h4 to h1
Because of these mix replies I am confused.

In your opinion, what are the H1 approval chances?
Is there any education / experience evaluation authority recommended by USCIS. Do you suggest any?

Thanks,
Pankaj B
 
Hello Rajiv,

My employer completed PERM certification and filled I-140 and I-485 concurrently. Before filling I-485, was in OPT STEM extension which already expired. My employer informed that my I-140 is approved and I-485 was filled almost 180 days from today. I am considering AC21 and move to a new job after 180 day period passes.

Even though my employer told me that I-140 was approved, they refused to produce any document as a proof, claiming I-140 was not my petition. I have my doubts due to previous incidents (HR informed me about completion of certain steps, which I later found out wasn't true). I already completed bio-metrics for I-485 and received EAD and AP.

My questions for you are-

1. My employer paid for I-485 filling fee (even though it is my application and I offered to pay) and also used company lawyer to file I-485. Is there anything they could have done differently to prevent me from taking the benefits of AC21 portability?

2. Do I have to return to my current employer after I get my green card, if I switch to a new job using AC21?

3. Is there any way to confirm the approval of I-140?

4. Also, could you please discuss current I-485 processing time (Detroit field office)? Do you suggest not to use AC21 as I already waited almost 6 months?

Thanks,
Rahul
 
Hello Rajiv Ji,

I am currently in India on a Reentry permit. The re-entry permit got expired on Feb 13, 2019 and I was in USA from Aug 11-AUg 25, 2018. Just filed my N-470 last week. from India.

I will be making a trip to USA within a month to mail my re-entry permit application.

1) How to expedite the Re-entry permit application so that I can mail the US application and get my finger printing done in the same visit?

2) Can I return to India after the USCIS receives the application? Or Do I need to stay in the USA till I receive the letter from USCIS?

3) What documents to be Submitted along with Re-entry permit application?

Thanks,

ArjunG
 
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