Recording Available, March 10, 2016 Community Conference Call with Attorney Rajiv S. Khanna

[DEEPAMENON]

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.

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Conference Dial-in: :

(202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: March 24, 2016
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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.

 

[sanjit singh]

Hi,

I am in US on L1 visa, my project is for 3 months. My wife is a GC holder and has applied for citizenship. she might get citizenship by end of April. But my project is going to over by the end of march, we were thinking to file change of status. My question is can i stay in US on L1 after my project time period is over and file change of status after she get citizenship as my visa and I-94 will be valid till 2017? or is there any other way?

 

[RaviKumar003]

Hello Rajiv Ji,
Thanks alot for your time on this free conference call.



1. In 2013 -- First H1 with Masters Degree. Prevailing Wage Level 1 . According to DOL Prevailing wage rate is 45 K per year , Employer offered 60K , but paid 90K per year. H1B approved for 3 years.
Designation : Programmer Analyst.


2. In 2014-- Employer Started GC process. Prevailing Wage Level 3 , DOL Prevailing wage rate is 83K per year. Employer offered to pay 83k year. Designation : Programmer Analyst. PREM Approved and I140 Approved.

3. In 2014 -- Employer applied for New LCA for Existing (H1 expiring in 2016), New LCA with Prevailing Wage from LEVEL 1 to LEVEL 2. According to DOL Prevailing wage rate is 57K per year. Employer was already paying 92 K per year. No

H1 Amendment was done even though there is a material change( Prevaling Wage LEVEL change and Pay change). Designation : Programmer Analyst.


4. In 2016-- Employer planning to applying for H1b Extension. In H1 Extension he want to use Prevailing wage LEVEL 2 with Same Designation but different roles and responsibilities compared to last H1. According to DOL Prevailing wage rate is 59K per year.Employer offered 90K and would like to pay me 92k.



Questions.


1. After applying NEW LCA, employer didn't amend my H1 as i was working for the same client. Now in 2016 if my H1 extensions gets approved. Will USCIS or US counslate have any idea that there was a change in my LAST H1B LCA and that

was not Amended with my Last H1 petition.


2. For my h1 extension. ON LCA. employer wants to use Prevailing Wage Level 2 ( as Per the modified LCA in 2014). But with same designation as my first H1. Is this the right way to do it ?. If not wht is the right way.


3. AC per my GC( future employment). Since 2013 Employer is paying me more that what he is going to offering as per GC Perm (2014). Is this going to be problem in future. Is this the right way to do it.



4. MY GC , PERM LABOR says Designation : Programmer Analyst. In future 3 years down the road. If i am with same employer and if i get promotion and my Designation changes to Sr.Programmer Analyst . will that have any affect on My current GC where my Designation is Programmer Analyst.

 

[Shiva422]

Hello sir,

I came with student visa to USA and i m out of status more than few
years, I am obviously facing 10 years bar from entering USA.
1) Right now my passport expired more than 6 months comes under NY jurisdiction, do indian consulate provide 1 way travel letter for me to india or i m stuck here.
1)
After going back to India and wanted to apply Canada student Visa, would there be
any problems travelling internationally after i go back India or can i even
get Student visa for CANADA because of history(out of status) in USA. Answers
would be really appreciated.

 

[katraj]

HI Rajiv Sir,
My name is katraj. My priority date is Oct 2008 under EB2 Category and am currently on my Second EAD (EAD renewed).
Note: i changed to new employer in August 2015 and filed AC 21

My wife received an RFE Stating "Please Provide your complete current mailing address. If your mailing address is a Post office box or private mailbox, please provide your complete current residential street address". Am confused how to address this. Please suggest how do we take care of this.

Thanks,
Katraj

 

[maddy.rulez91]

Hello Rajiv

I am Madhav. I am in deep trouble right now. I worked as a mechanical engineer with mechanical firm on H1B for 2years and recently they laid me off. I am started looking for Mechanical jobs and didnt find any so applied H1B with for software job.

My question is I send the documents after the revocation date. is it still fine or I have to leave the country?

Please advice me and how are my chances of getting approval.

 

[Ashok_kumar14]

Hi Rajiv,

Transfer H1B from L1B to H1B to different employer in Cap Exemption?

I am working for Employer A on L1 in US. Employer B filed H1B with COS and but i never worked for Employer B and I returned immediately to home country and came back on L1 Visa. Now Employer C wants to transfer my H1B? Can Employer C file Change of Visa status from L1B to H1b with approved petition of Employer B in Cap Exemption? Even though if i didn't work employer B currently not on H1 Status and never got stamped.

Still the Employer C can file my petition under cap exemption with change of visa status?

 

[s_manimaran]

Dear Mr. Rajeev Khanna,

My wife Uma Murthy(official name on passport) is in the process of applying for her I-140 through her employer. Her Indian birth certificate however mentions her name as Lakshmi. For various reason, her parents messed up her name. Could you please advise on the kind of supporting document that I should submit along with her green card application? Would an affidavit from her parents suffice? If not, could you please advise on the best way to deal with this name mismatch?

Thank you.

 

[PeterPelc]

When going through the PERM recruitment process with a future employer, what happens if a qualified US citizen applies for the posted job, but then decides not to take it? Would the company still be eligible to file the labor certification, or is simply having the US citizen apply enough to stop the PERM process?

 

[sunnyp18]

Hi Rajiv

Thanks for your help

I came to US on 2007 and completed Masters and I started my H1B from Oct 2009 and changed my status from H1B to F1 to Try Valley University on Dec 2010 and university closed on Jan 2011. In March 2011 I joined another university started attending the classes. I got a job opportunity from employer A and he filed my H1B on May 2011 and got RFE for my status from Jan 18th 2011 onward and in mean while I went to Mexico and came back with I94 as D/S( duration till stay)on my previous F1 visa on June 2011. My H1B got approved without I94 and I went to India on July 2011 for stamping and got 221G. In August 2011 I joined in Indian IT MNC and I transferred my H1B to Indian IT MNC and came to US on Dec 2014. Now my employer (Indian IT MNC) is filing my green card process and I have couple of questions

1. Does my out of status from Jan 2011 to June 2011 will cause any problem to my green card process?

2. I wanted to know whether my stay in US from Jan 2011 to June 2011 was out of status or Un lawfully presence?

 

[s_manimaran]

Dear Mr. Rajeev Khanna,

My wife Uma Murthy(official name on passport) is in the process of applying for her I-140 through her employer. Her Indian birth certificate however mentions her name as Lakshmi. For various reason, her parents messed up her name. Could you please advise on the kind of supporting document that I should submit along with her green card application? Would an affidavit from her parents suffice? If not, could you please advise on the best way to deal with this name mismatch?

Thank you.

Adding a follow up note:
Name on passport is "Uma Murthy"
Name on birth certificate is "Lakshmi alias Uma Murthy"
Could you please advise on how to deal with such mismatch?

 

[Paulo Camacho]

dear Mr. Rajiv Khanna,

I'm a mexican citizen and my father became an american citizen and he filed the forms to get a green card for me but it was denied because by mistake i stated that I left the country when I was older than 18 and that I got caught but that wasn't the case I did get caught and got deported but it was before my 18th birthday and because it was my mistake on the dates the officer denied the application based on the fact that I carried over a year of unlawful presence since I was older than 18 my question to you sir is this is there a chance to re apply for a I485 and got approved?
I am 33 now and also married to an american citizen with 2 children and one more on the way could I apply thru my wife?
thank you

 

[Raju4tech]

Dear Rajivi Ji,

I129 approved in 2004 but asked to provide documents under 221 (G), but I could not provided documents at that time. Now I came to US 4 months back on L1 visa and wants to check still this H1B visa petition valid? is it possible to renew the previously approved I129 and apply for change of status from L1 to H1. without applying for fresh H1 B Kindly give your advise

Thank you

 

[PeterPelc]

I got a check in the mail for a small amount of money from an apparent class action lawsuit that I didn't even know I was a part of. I'm currently on an H1b visa at an unrelated employer. Can I cash this check safely, since this is not earned income? Or should I just throw it out to be safe?

 

[Saji_chs]

Hi,

I completed Masters in Mechanical Engg (May2015) in USA and am on 12 month OPT till June 2016.

I will apply for STEM OPT in March 2016 & my employer plans to apply for H1B this April 2016.

My question: Can i travel abroad & come back to USA safe during August 2016 or September 2016, in following cases ? What precautions do i need to take ?
Case 1: H1B approved - Premium processing.
Case 2: H1B RFE - Premium processing.
Case 3: H1B Rejected - Premium processing.

I also heard I need to do H1B stamping done in India if i return during September end . Could you confirm this as well. ?. I have valid F1 visa till 2018 with no background issues.

My University is not helping with questions regarding to H1B, neither is my employer. Appreciate your time!

Thank you!

 

[saravav]

Dear Rajiv
I understand that one cannot work after their H4 EAD expires. However can they go on a Paid Vacation (that was accrued during their authorized employment) after their H4 EAD expiry date? (or) Should they go on an unpaid vacation until they receive their H4 EAD Renewal card/approval? (or) Should they resign from the company after the H4 EAD expiry date? The reason behind this question is, if we use a Paid vacation (say 1 day every month), we can continue to have the Employer sponsored insurance (due to pregnancy). This would also mean that a paycheck would be generated to show that 1 day of Leave has been applied and the premium amount being deducted for the Insurance using that 1 day leave however there won't be any money left out to deposit into the bank.

Thank you very much in advance.

 

[Anamika2016]

Hello Sir,

I am currently on H1B visa and married to USC. I sent my GC applications to Chicago lock box. The fees has been deducted a week ago . We are at different locations due to my current H1B employment limitation.

My project is ending and my employer might ask me go back to India temporarily until the next project. I do not want to go back at this stage to avoid any complications on my application. I really appreciate if anyone could let me know what can i do to stay in US ? Can I legally quit my current job to move with with my husband (without the need to get a new H1b sponsor). Until what stage i have to wait before quitting ?

Thanks in advance. .

Regards.

 

[nparihar1415]

Hello Rajiv,

I am on OPT extension (Expiring in July 2016). My company applied for H1b in 2015 and I received RFE and my company sent the reply in early DEC 2015. While my case was in process, I had to go back to India for something urgent in Feb 2016 and I came back yesterday and entered US on OPT. When I check my case status it still says that USCIS received the evidence and will begin working on my case again.

My company is filing for my H1b again this year while the last one(2015) is still in process. I wanted to know is there still a way that my last year h1b can be approved (I am skeptical about this year because of lottery and my OPT expiring in July 2016), and what can be done for that?

Thanks

 

[sbsn]

Hi Rajiv,


Can I travel after responding to an RFE and before a decision is made on I 485 application? What would happen if I were to use AP to travel? Would there be any issues at Port of Entry in the case I were to be approved while I am overseas? And what were to happen if there comes a need to attend the interview before the decision is to be made? Would I still to get to use AP or would there be any issues when entering the country?

Thank you