Recording Available, March 24, 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: April 07 , 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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Hello Rajiv jii,
I am from Nepal and Master graduate from US university. I am on my 6th year H1B now. My H1B expires on Sept 31, 2016. My employer filed EB2 LC on 12/18/2015. Based on other LC applicant approval timeframe, it appears my LC result will come out around 06/18/2016. I am going to ask my employer to file I-140 with premium process so that we get I-140 result within 15 days and file I-485 concurrently as well. I understand that even doing all these steps, time is not on my favor.

Below are couple of other situations I am on.

1). I and my wife, we both have filed for TPS for last year Nepal Earthquake (Temporary Protected Status) which will be good till 12/24/2016. We didn't apply for EAD yet.

2). My wife is also on H1B and her H1B expires on 12/31/2016 as well. Her employer didn't file her PERM.

One question, I have is;
Can I change my status to H1B dependent on my husband, while my I-485 case is pending? If this is possible then Could TPS EAD be my option, if I choose to continue to work after 9/31/2016, while I-485 application is pending?

Based my conditions above What are my other options? Please advise.

Thank you.
FAQ: 221(g) Administrative Processing problems with visa stamping

My husband, I and our daughter (16-month old) were in US till Jan'16. I was on F-1 visa till dec'13 and changed my status to H-4 by submitting an application for Change of Status in Jan'14. My Husband has been on H1-B. I have a PhD from a US University in MicroBiology (the field for which hardly any open positions are there in US). We came to India in Feb'16 to get our visa stamping and vacation. My husband qualified for interview waiver and got the visa stamped from the US Embassy at New Delhi. It was quick and very easy process. I went for the visa interview and the visa officer told me that all looks good, go to the next counter for additional steps. The person at the the other counter have me white 221(g) slip requiring a list of documents to be submitted for further processing. The list of documents relate to my current and past work experience, research work and resume, travel plans etc. I submitted the documents within 1 business day. Please note that US Embassy has my passport as well.

My Status on CEAC website shows Administrative Processing till date. I am not sure what is the case here but I feel that there is some serious mistake that the Visa Officer made on my case. I am on H-4 and has not been working since Jan'14 and had been maintaining my status withing United States.

I have following questions:
1. The embassy and US travel docs and Travel all say the same thing - wait for 60 days and then ask for questions if I don't hear back regarding my case. What is the reason for my case to be put under administrative processing? Is this because I have a PhD in Microbiology? If yes, why didn't the USCIS completed this administrative processing when the change of status was applied back in Jan'14?
2. What should I do now? My husband flew back because he had to join his job. Please note he has a full time job with the same employer in US since 2013. I am struck with the US born 16-month child who is getting crazier day by day in this hot climate in New Delhi. How do I communicate that my visa H-4 has nothing to do with my previous work and request for the case to be decided sooner rather than wait for indefinite time period?
3. Can US embassy keep my passport for indefinite period of time? Isn't it unlawful to possess somebody else's passport? Does Indian passport have no value even in India?
4. The Travel.State.GOV site describes visa processing timelines within a week. There is no tracking on the applicants and the average time taken to resolve the Administrative Processing (AP) cases. Isn't there a right to information act in US to request information on the number of cases that were put under AP and average time to resolve these cases? If there is one, how do I request data for the past 3-5 years.
5. Please suggest any other advice for me so that a decision on my case can be taken.

Also, can we have a tracker on so that everybody can add their case and get approximate processing in similar cases.
Also, requesting to have an Indian number for this conference call.
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Hello Rajivji,

I am currently on a H4 Visa studying at Rutgers University and would like to switch my visa to F1. Since it is faster to change status by traveling overseas, could I go to Canada and get it stamped or do I have to travel to India? Are there any disadvantages of traveling to Canada, if I am allowed to do so? I currently live with my parents in the United States, so, if I travel to India for stamping, will they deny my request due to the fact that my parents reside in the U.S?
FAQ: H-1 entering USA when visa is about to expire

Hello Rajiv JI,
I am currently on H1B & my visa is about to expire on 14June2016. My amendment has been filed by my company in aug15 but not approved yet.
Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company.
My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.
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Hello Rajiv JI-

My previous h1b expired on Nov 30th 2016

H1b renewal receipt date Aug 28th 2016
Centre: Vermont

Question 1: Legally, how long can we work waiting for h1b renewal? If the answer is 240 days, is it from the H1b renewal Receipt date or last H1B(I-94) expiry date? What happens afterwards?

Question 2: At which point of time, we need to apply for Premium Processing rather than waiting?

Question 3: Anyway, we could travel out of USA for any emergency overseas or at home country prior to the approval of the renewal?

Thank you
Hi Rajiv,
When should me and my family apply for citizenship? my 5 years of green card will be completing on 25 aug 2016.

I am an employee working Full-Time on H1B for a US Company .I am into my 6th year of H1B VISA and I have 10 months left on my VISA with an additional 1 month of recapture possible. My Employer filed PERM on July 2015 and it got denied in February. When I checked with my Employer they said that the denial was based on the fact that the PERM Application did not explicitly mention that I have passed the assessment(when I got recruited in the company) which is one of the requirements for this position.
They(My Employer) also stated that there was no error from their end and they would be able to file an appeal based on this.

I would like to know the Chances of Decision getting overturned in cases like these.will it be a good option to go for a refiling, But Can I go for a refiling as I am already into 6th Year of my VISA.

Can we do h1 transfer in 7th or 8th year of h1b VISA (Assuming that i would get visa extension beyond six year when the perm appeal with BALCA is in process)
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Hi Rajiv ji

I have an approved I-140 from Emp-A and have switched my employment to Emp-B, who have filed my H1-B transfer with the approved I-140 from previous employer justifying my stay beyond 6yrs.
My H1-B transfer was approved just for an year up to Feb 2017, my current employer Emp-B do not have much knowledge on immigration process & are now saying they cannot guarantee filing PERM & I140 due their budgeting policies.

What are the odds of my situation? Please advise me with some safe movements…
Hi Mr. Khanna,

I have a question related to Cross Chargeability. I am an international student on F1 visa. I am Vietnamese citizen and was born in Viet Nam. My boyfriend is working for a company in U.S. under H1B visa. He has been applying for a Green Card petition with his company's sponsorship and got I-140 approved. He is Indian and was born in India. I learnt that if we get married, he will be able to "cross charge" to my country of birth to obtain I-485 adjustment of status. How is cross chargeability processed? Do we have to leave the U.S. to do this? Please advise. Thanks very much.

I have finished my 6 years quota on H1b in Nov 2015 and currently I am in India. My current employer had filed for my i140 which just got approved last week while I am in India. But they do not have any onsite positions for next one-two years.

Question -

1) Can I apply for a new cap exempt H1b through another employer based on this i140. if Yes, do I need to wait for 365 days before I can re-enter USA??

2) Since I have finished 6 years on my previous H1, will I be forced to apply again through lottery(apr-oct cycle) and restart my clock, even though I have an approved i140 through another employer?

3) Are there any other considerations I need to take before I apply for change of employers?

Your advice here is really appreciated. Thank you!
Dear Rajivji,

I received my green card under EB1B (outstanding researcher) category recently (two days before). Due to some internal problems at company I would like to change my job immediately. I have following questions:
1. Does changing job immediately will have any adverse effect on my naturalization process?
2. For assuming new job does I have to complete any formalities such as informing USCIS about job change.
3. As I understand, AC21 is not option for me as I received green card before 180 days.

Your suggestion in this situation will help me to take decision on my future job. Thank you!
Hello Rajiv Ji

Visa Stauts: F-1 OPT
As of Jan XX 2016, i completed my initial completed my 12 month OPT period(1/26/2015 - 1/25/2016), and in the process of appliying my OPT extension, on October 22, 2015 i requested my OPT extension I-20 from Designated School Official(DSO) and sent the complete packet to USCIS on Nov 4, 2015 and USCIS received my packet on NOV 6, 2015. They rejected my application on NOV 18, reason being in sufficient fee amount (I sent cheque with amount $340 instead of $380) and my complete application packet was returned to me on Nov 20. And reason for me sending an application with the wrong fee amount was the data discrepancy in school DSO website. So DSO gave me a cover letter stating the same.

And i have sent my application to USCIS again, without checking the issued date on my OPT extension request I-20(as per USCIS, an applicant must send his OPT extension request packet(apply) with in 30 days of opt extension request i20 being generated), in my case I mailed the application packet back USCIS with new cheque and cover letter from DSO which reached USCIS on Nov 30(AFTER 38 DAYS (which is suppose reach WITHIN 30 DAYS) from the date(OCT 22) DSO generated the OPT extension request I-20). USCIS accepted my application and sent the receipt notice on Dec 02, 2015. My application still has the same status since November 30( I.e MY CASE WAS RECEIVED).

Just couple of days back I came to know about my mistake. Now my current 12 month opt also expired. It's been over 110 days since USCIS received my application, but it is still in pending process. After doing research on Internet and posting my question in 3-4 forums and blogs, most of the replies carrying the message like my application has more chance of getting rejected even though my packet has letter from DSO which is stating it was due to school mistake my packet was returned initially and some were suggesting to sent another new I-20, another cover letter from DSO explaining all this situation. I explained this to DSO and she sent an email explaining the situation. Now we are waiting for the reply from USCIS.

In case if they deny/reject my application, What are the options i'll have to remain in United States. Can Appeals and Motions will help me to reconsider/reopen my application and what are the chances of getting it approved through appeal/motions.

Please Advise me. Thank you Very Much!
Hi Rajiv ji,

I was with X company on H1B along with my dependents (Spouse & kid on H4) and that company submitted for H1B withdrawal on Jan 5th 2016. I have initiated H1B transfer with company B on March 8 2016 and also filed H4 for dependents(In US) since H1B was withdrawn by previous company. There is RFE on my current H1B application with company B and since H1B approval might get delayed due to RFE, I am planning to send dependents to India during this process. Is it advisable to send them during my H1B processing & H4 filed for dependents. If not, what are the risks associated with if i send them to India.

Can I initiate one more H1B transfer with other company C in this RFE situation with company B, since I have full time offer with other company C (Interview process initiated on Feb 11 and Back ground verification in progress) and currently out of status with last pay stub on Dec 31st.

Thanks for the support!
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FAQ: Special handling for professors

What is the main advantage of academic centers utilizing Special Handling for green card sponsorship rather than through the regular EB-2 PERM process? Is the process shorter through special handling?
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Thanks for taking my Question, Mr Rajiv !

I am planning to apply for U VISA:
- Can i apply for EAD concurrently? (UVISA+AOS+EAD) possible??
- How long it takes fro EAD in case of U VISA?
- If i get married after U VISA approval, can my spouse get same visa immediately or wait is there?

Thank You !
Please help me on below scenario..

1. I was working with Comp A. H1b was valid till Sep 1, 2015. Extension was filed on July 2015.
2. I joined Comp B on Sep 26, 2015. Comp B filled H1b transfer on Aug 25 and I-797 got approved from Sep 6, 2015 till Feb 2017.
3. Since extension from the Comp A was pending, and on March 2nd got a RFE on Comp A H1B extension.

Is this an issue and do I need to take any action here? Please suggest
FAQ: Travel while H-1 COS is pending

Hi Rajiv ji,

My Spouse is on H4 and has a Valid H4 stamped till Jan 16 2017. I am planning to apply H1 for my Spouse through an Employer this year.
1. Is it advisable to travel to India while her H1 B is in Process? What will be the implications if she travels to India
2. Will there be any implications if I(being primary applicant for her H4) travel to India while her h4 to h1b is in process. Will my I94 be any where linked to her I94
3. If my Spouse's COS is approved in May or June and if she travels to India in July or August then will she be asked to wait till H1 Decision outcome and get an appropriate VISA stamping?

Thank you
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Mr. Khanna,

Would you please clarify on the information below:

Priority dates current...but here is the situation:
  • Effect on 485 processing for EB3 after Automatic Revocation of I 140 due to old employer out of business?
  • 485 pending for over 8 years and the original I 140 approval was year and half after filing 485 during 2007 July.
  • Working with new employer with similar or same job for over year and half and filed for AC21 with employment letter and payroll stubs. No MTR was filed on I 140.
  • 485 still showing pending while I 140 was revoked.
Dear Rajiv Sir,
First of all I wanted to THANK YOU for the community service you provide !!
Secondly, I want to share that I've used this forum a lot thru out my GC Journey and found very very helpful !!

I've got my GC Last month (after 10 years of wait) under EB2India thru future based GC application.

Situation -
I am currently in the project that is good for my career so I wanted to continue my current Job (which is on L1B). Also I have joined my GC sponsoring employer full time and have started working for him within one week of getting my GC. I plan to continue with him for a longer duration. But am not in the position to resign my current Job. I certainly plan to resign as soon as my current project gets over.
For now, timing of getting GC is such that if I resign I have to leave a very good project that I am on.

My questions -
1. Do you see any problem from immigration law perspective, if I continue doing both Jobs for next few months (approx. 6 months)?
2. Do I need to fill up revised I-9 with my current employer? I have not done that as of yet. I filled I-9 for my GC sponsoring employer when I joined.

Thanks much,
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