Recording Available, May 09, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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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.

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: 23, May 2019
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: Traveling while H-4 and EAD is pending
Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?

If yes then, should we have to withdraw previously filed EAD application?
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Unlawfully present in the US on a valid F-1 visa for over 18 months
from 2005 but left the US voluntarily in 2006. Want to apply for a
B1/B2 visa now. Is there a chance to be re-admitted?​
My wife wants to bring over her younger sister, who is divorced and above 21 years old. Our combined income here in DC is $240,000+. What are our options?
Hi, In my LCA when applied 3 years ago thru my employer my wage level is 1 with $65000,But I get more than that(Hourly pay) every month around 85000. I also got hike form client starting this year .My employer started paying me 65000 per year now(Running $5416 every month) .Iam going to apply extension this year can we apply the LCA with wage level 2 now, meaning now if we apply LCA with 95000(Equal to my hourly pay) will be there any issue? Like why there is a increase from 65000 to 95000. My employer says that he will run the pay what I have on LCA and when we apply for extension he will show that I got a hike and increase the wage level and pay me. Please let me know if there will be any issue.
Dear Rajiv ji
I have been working on H1B for a IT consulting company, at a client location.
My employer has filed for PERM in Jan-2019. They will file I-140 on PERM approval.
Because my wife is Nepal born, my priority date is current, even though I am India born.

Question 1) What is better – filing I140 and I 485 together or wait for I140 approval ( assume it will be filed in Premium) and then file I-485.

Question 2) When can the application for EAD and Advanced Parole be filed? How long does it take for EAD and AP to get approved?
Question 3) Once EAD is approved, can I work for any other employer using EAD? Are there any constraints on the type of job I can take on EAD, minimum salary,
Question 4) Are there any potential risks of working on EAD for a different employer while the I-485 is pending approval ?

Thanks a lot for your kind advice.
FAQ: Working for two employers on EAD
Dear Rajiv ji,
I wanted to add one more question to my question in post # 6. But could not, so adding here. Kindly reply.

Question 5) What is the likelihood that because of working in a dis-similar job, for a different employer, on EAD , my I-485 ( and the GC ) could be denied? Do you know of such denials for the reasons mentioned above?
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1) I have applied for the H1B through some employer last year.
2) My application was picked up in the lottery.
3) I went to the visa stamping and got 221g (additional documents were requested)
4) I have provided the additional documents with the help of employer
5) After few months, I received an email stating "This is to inform you, that your H1B case has been denied under Section 221 (g) of the United States Immigration and Nationality Act (INA) pending further administrative processing. The petition will be soon returned to United States Citizenship and Immigration Service for review. Please contact the Petitioner for further information."

I have read the article*** and I found that, the other employer can do the H1B transfer of my application. Please let me know, would you be able to assist on this.

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Hello Rajivji,
I have applied for my Green Card using Cross Changeability in EB3, my wife and I are starting to have disputes and planning of getting a divorce.
Q> We are still waiting for the interview will getting a divorce before the interview abandon both of our application?
Q> We are in a bonafide relationship and do have some assets together. will it be enough for USCIS officer to approve our application?
Hi Rajiv,

I had received my employment based green card in 2005, then subsequently officially surrendered the GC in 2007 because of medical reasons and went back to India. After 12 years, I am back in the USA now using a new employment L1A visa and have filed I140 again using EB1 category (not approved yet, and in process).

Q1> Can I port my old PD from my earlier I140 which was approved in year 2002 in EB2 category to my new I140 so that I can apply for I485 immediately, pending my new I140 approval?
Q2> Is my old I140 PD still valid as I have surrendered my earlier GC?
Hello Rajiv Ji,
Received biometrics appointment for May 7. 2019 to my sister’s address in Bay Area, California.
I am currently working in India for a India subsidiary of a USA based company.
I can’t go to USA . May 7th and hence need reschedule my appointment.

1) Reading the appoinment letter, have been asked to. Sent the original form and. Check a box next to rescheduled. Will Fedex a letter request to my sister requesting to reschedule appointment
In the week of June 3-7 th. I will then. Ask my sister to Fedex to USCIS with original appointment and my cover letter

2)can I a request a appointment in specific week?
3) My sister will be out of USA from June 11-July 11. How do I request a change of address to India address? Need to send a letter or call USCIS?
4) With old appointment letter and my request to re-schedule the appointment docs. I am thinking of walking in to the USCIS center for finger printing? Can I do it?

Arjun Ganesh
Hello Rajiv sir,
I'm currently in the US on H1B with no unlawful presence time.
I have filed for my AOS i.e. I485, I765, I131 (EAD combo card) based on F2A marriage to LPR.
I'll be doing my biometrics on 4/29 as an early walk-in (ASC rep. said that is fine when I went to ASC to check on this) as I'll be out of town due to work during my actual appointment date which is 5/10. Any comments on this please? Will I have any issues that I should watch for?

Also, my main question is I'll be doing an H1B transfer to a new employer as a premium petition and then plan on going to India and returning with new I797 and old employer's H1B visa stamp. I've done this in the past and haven't had any issues at Port of entry.
My concern this time is, will my AOS petition with EAD/AP card be considered abandoned if I leave the country and reenter on H1B before the EAD/AP is adjudicated.

Thank you very much for your time.
Hello Rajiv ji-

My PERM was approved on Aug 10 2016. I 140 was filed on Jan 9th 2017. My I140 is not approved till now.
I completed my 6 years on H1B on May 20 2018. So, last year my employer had filed my H1B extension for 1 year (till May 20 , 2019) based on PERM approval.
This year my employer is saying that H1B cannot be extended more since I140 is not approved.

Can you please clarify this situation ? Can I keep getting 1 year extensions based on PERM approval or only 1 extension for 1 year is allowed with PERM approval.

Hello Rajiv ji,

A question about premium processing for EB2 I-140 petition for national of India. The employer has given option for us to pay for it. It seems good idea and we are ok with payment because with 13 months left on H-1B due to 6 year limit, want to avoid dealing with uncertainty of (i) govt. policies and shutdowns, (ii) corporate mergers and acquisitions.

Rules are that priority date can be retained after 180 days of I-140 approval and thereafter can get H-1b renewals of 3 years.

Is there any downside to premium processing - for example, if leave job, say after 8 months of I-140 approval, can USCIS assume that purpose of premium processing was to leave job soon (after priority date became portable) and cause problems in future?

Regards and thank you
My child on H4 is about to age out. Applied I-539 for transfer to F1. If F1 application is still in process with USCIS, can the child continue to enroll in the University after the age out date? Or does the child need to apply another I-539 for transfer to B2 in which case the child cannot enroll for the semester. Please advise.

I have a valid H1B from Employer A. I had two companies simultaneously apply for a transfer. Employer B got an approval but Employer C got an RFE. I really want to join employer C but because it has taken over a year to get an offer and then a transfer approval I am going to join Employer B at first(Employer A is at a very hostile situation now).

Once I join Employer B can Employer C still respond to the RFE?

If so can i join employer C if the H1B is approved or is there any ramifications to having a very short stint at Employer B.

Thanks for your answers.
Dear Rajiv Ji,

I have a valid I-485 based advance parole. I need to go to India for 10 days on a business trip. Last week, my H1B extension approved for 3 years.
I am planning to go for stamping in US consulate Hyderabad, India.
My question is, if H1B visa is denied / put it on administrative process, can I return to USA using the AP?

Best regards,
Monica posted:
So my cousin came here on visitors visa but they only gave her one month visa rather than three months (her ticket is booked to go back after three months)
The agent in India told her to ask Pradeep (the person who wrote letter of invitation) to write 1 month only to avoid denial.
This was at airport that Immigration said the invitation letter only says one month, so they will only give one month visa and not three.
Is there a way to extend the stay and how?
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