Recording Available, May 10, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

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#1

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: May 24, 2018
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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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#2
Hi Sir,
My employer applied Labor PERM in March-2011. While applying my employer entered my master degree completion year as 2003 instead of 2002.
Due to some other reason, my labor was denied in January-2012.

so immediately we applied in BALCA for appeal and mean time April-2012 we applied another PERM and it was approved in Jan 2013, and applied I-140, and it was approved.
The current H1B extension is based on the I-140 (2012 PERM).

Last week the BALCA case(2011 PERM) also approved. Now we are preparing to file I-140 for this PERM and found a typo in my course completion year.
I completed my graduation in 2002, but my employer entered as 2003. Does this give any issue. Do I need to refile it or do we need to send message to USCIS about typo error while filing I-140?
 
#3
I am working at a community college since 2007 on H1B visa, under EB2 category. My priority date is 11/23/2011. My current position is Project Manager in Engineering division. I am interested in applying for the position of Associate Provost for the College. This will be a new position, an obvious promotion, just wondering how it affects my PERM or legal status? Can I take this new position on my existing H1B visa?
Ramona
 
#4
hi Sir,
How are you doing. Please advice on below issue.

I am on H1B, 1) I was working for client A and applied 10th year of h1b extension in September 2017 with approved I-140, my I-94 expired in Jan 2018. Project got ended and joined new client B in March 2018 within same MSA. Hence my employer did not file for amendment. In the mean time I got RFE for my h1b extension at the end of March 2018. RFE is related to speciality occupation and how education(B.Tech in Electrical) is relevant for the position. My question here is
1) Can my employer submit the RFE reply with client B related documentation since I am not with client A? Is there any risk associated with it?
2) Does my employer need to file h1b amendment and get the things in premium processing and then respond to RFE?
Kindly advice.
Regards,
Reddy
 
#5
FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.
Hello Sir,

I have my I140 approved in 2015 and its beyond 180 days now with Employer A.

If I move to Employer B
A) Consider that Employer A revoked my I140
b) Please help to confirm will it possible to get multiple extension with previous 180 approved.
b) Even if Employer B doesn't file a Green Card (Labor then I140)... Can I get multiple extension with Employer A approved I140

If Employer B - doesn't file a green card for 2-3 years or more
a) Is it possible to Join Employer C with my Employer A I140 approved (but it was revoked by Employer A)?
b) is it possible to get multiple extension with Employer C?
c) Even if Employer C doesn't file green card for some reason, Can i keep jumping a company D,E,F so on with Employer A I140 approved?

Sorry it might be a silly question but trying to clarify, is it possible to get multiple extension, jump multiple company with Employer A's I140 approved and where the situation of Employer B,C,D... not filing a green card.

But all the jobs are relevant or in same IT field eg: Software Engineer.
Let say I jumped Employer B,C,D with out green card processing and at the time of priority date comes current can I have that time current employer to file a green card -> Labour & I140 & I1485 -> to get green card.

just trying to validate, jumping company with out having green card processed and at time of current make use of current company?

Thank You so much sir.


Thank you sir for all of your support for the immigration group.

I have my I140 approved more than 180 days with company A.... will there be any hidden challenge if I initate H1b tranfer with company B & C at same time for a diifernt designation but under same category of Job. If one got reject will that have impact to others or in my future extension.


--------------------------------------------Manasa----------------------------------------------
Hello Rajiv Sir,

I got my I-140 approved with my employer on oct 6 2014. My priority date is Aug 2013.

I have completed my H1 term for almost 5 years. Due to some visa issues when i travelled out of country, i have changed my status to H4 on october 2017.
Now, my employer called and informed me that they will withdraw my I140 because i'm not in their payroll. Meanwhile,I'm trying to find a job so that i can go back to my previous H1.

Does it effect my H1 extensions and my priority date or green card process in future..? If i get a project in next month, will i get h1 extension for 1 year because my I140 will be withdrawn by my employer or any other employer can use my previous I140 to get me more than 1+ year extensions.

Thanks,
Manasa

----------------------------------------------Nirav--------------------------------------
-140 Revoke, Try to retain PD.
Hello Rajiv Ji
Education
Bachelor of Chemical engineering from Pune University
Master in Environmental Technology from NYIT.
History of filling
I140 approved May 2013 (under EB2)
got NOIR on 4th Oct 2016 & revoke I140 on 6th March 2017
Denial Appeal on 26 July 2017
My question is
Is there any option for me to retain my PD of the Eb2 filling case after even revoke my i140 by USCIS & denial appeal on it too?
FYI -- my EB3 I-140 approved by July 2017.
Please suggest & attaching revocation letter too.
Thank You very much
Best Regards
Nirav Bhatt
 
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#6
Dear Sir, I have an approved H1 B petition from employer A and B. I currently work for employer A and the petition from employer B is also valid and not revoked.

Petition from A is valid until -June 2019
Petition from B is valid until - April 2020

Petition for employer B was applied recently and I did not join them and continue to work for old employer A.
I would be travelling to my home country soon and would have to go for Visa stamping for employer A. Do I need to provide any information about employer B during the stamping? Does holding two valid petitions pose any concerns during stamping?

Thanks
 
#7
Dear Rajiv:

Background:

In June, 2010 i traveled outside the country on an expired Advance Parole unknowingly; when coming back i was detained at the POE, was issued a humanitarian parole for 4 days, and was asked to leave the country and come back on a valid status.

Per your professional advice - I filed for an AP, left the country-->Filed new H1b-->got stamping and came back on H1; 2 years later my GC got approved.
Since then, on each of the 3 times i come back to the USA, i was kept waiting at the POE in the room for additional scrutiny, and allowed in after verifying their systems (no questions were asked).

Questions:
1. Are there any recent port of entry challenges for Green Card Holders, while returning back to the US? As I am planning to go to india next mon, i am cautious about the recent unusual activity detaining people any/every where ( i was never out of status, no misdemeanor cases except few traffic citations)

2. I applied for US citizenship 3 months ago - mentioned about the humanitarian parole aspect in the "if you were ever detained" question. Should i take any proactive/reactive measures about this matter a. At the POE when coming back. b. Citizenship interview time.

!! Thanks much !!
 
#8
Hello Sir,

I have submitted the application I-539 for COS from H-1 to H-4 back in february 2018 and it is still pending.I don't have a h4 visa stamp. Can i still submit application for H4-EAD? My husband has approved 1-140.

So basically the question is can we submit EAD application while the COS is still pending or is it faster to travel outside the country , get h4 visa stamp and then apply for EAD.

Thanks!!
 
#9
H4 EAD differing opinions:

Hello Rajiv Jee,

I previously had H4 Ead approved in 2016, changed status from H4 to H1b in 2017, resigned h1b employer in 2018, so went out of country and came back in H4 status. I called USCIS representative and they said it is okay to use my previously given EAD card until date of expiry which is in June 30 2018 under this recent H4 status.

Q1: I listened to your previous conversations, you mentioned changing status from h4 to H1b then to H4 might make EAD invalid. How do we know for sure about this situation. Can e-verify program identify the validity of EAD card or INFOPASS or anyother ways?! I'm planning to work in May and June 2018 using this old EAD card with expiry in June 2018!


Now, I renewed H4 EAD which is approved starting from June 2018 until 2020. With the h4EAD revocation rule in June coming up, my question is

Q2: what will happen to my approved H4 EAD card? Can i still continue to use it and take new employment?!


Dev.
 
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#10
Hello Rajiv Ji,

I am in AOS status and my GC interview was done on Oct 18th. My EAD was expiring on Nov 18. So I applied for renewal with Nebraska Center and online its showing they received my application on Oct 27th. Since then it has been pending. I called the National Service Center but they generate the service request with same answer every time, that its in line to be reviewed by an officer. Its over 180 days now. Please advise what should I do in this case. I have not received my GC also yet.

Thank you,
Upasna
 
#11
FAQ: . Is there any law to provide legal stay to the parent of US citizen child with disability?
Hello Rajiv ji,

Me and my wife staying in USA since last 10 years on work visa h1b. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies.

Current scenario is my husband's H1b has denied and couldn't get back to USA. I am here in USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of child with disability in the USA?

Thanks
Arti
 
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#12
Hello Rajivji,

I arrived in US on 25-Feb-2012 on a H1B visa and will be completing my 6th year (on H1B) on 31-May-2018.
I joined my current employer on 01-Mar-2017 (after receiving the H-1B receipt number) and while my H-1B petition (premium processing) was in process.
My employer filed my GC PERM application after joining with priority date of 30 March 2017.
Got a RFE from USCIS on the H1B application and while responding to the RFE the attorney asked for an additional year of H-1B extension citing that by the time I complete my 6th year on H1B, the PERM would be already 1 year old.
The attorney also provided the PERM information and the documents requested for clearing the RFE.
The H1B visa got approved for 2 years (1 year for 6th year on H1B and another year for the PERM being in process) with end date of 31-May-2019.
My first PERM application with priority date of 30 March 2017 was withdrawn citing issues that were seen in denials of other similar PERM applications for other candidates.
Another PERM was filed soon after with a priority date of 15-June-2017.
I traveled to India in early Jan 2018 for 20 days and while entering US, while re-entering US showed the approved I-797 with expiry date of 31-May-2019 to the CBP officer and got I-94 with an expiry date of 31-May-2019.
Now my second PERM with priority date of 15-June-2017 has been denied and my employer is going to appeal against the denial.

1) I want to know if I can stay in the US as I would be completing 6 years on H1B soon, and what is my legal status.
2) Would the PERM go in pending status after appealing against the PERM denial?
3) If yes, do we need to file an H1B extension with the PERM with priority date of 15-June-2017 as the older PERM (with priority date of 30 March 2017) is already withdrawn.


Thank you for your help.

Thanks,
ContactGS
 
#13
Hello Rajiv,

I have three I-130 immigration related questions for which i hope to get an aswer, but first my situation, i will be short as possible.

My aunt who is a US citizen filed a I-130 Visa for my father as the principal beneficiary and his son (me) as the derivative beneficiary. The Visa has been filed in 2004 and approved 2009 but we got the notice to contact uscis and start the "immigration" process in march 2018, i'm now 29 years old.

1) From what i read and understood, i'm still eligible for the I-130 Visa under CSPA even though i'm 29 years old, but i have to be unmarried?

2) Is it possible for me as the derivative beneficiary / as an unmarried son of the principal beneficiary to immigrate into the US and get the green card even though my father does not want immigrate?

3) To get the green card under CSPA i have to be unmarried. Is only a civil registrar legal marriage considered a marriage under the USA law? Meaning can i get married in the church (ceremonial/religious/ non legal marriage) and still be eligible for the green card under cspa?

Thank you in advance,
Griwas
 
#14
Hi Rajiv,

Thanks for serving the larger community.

I was on L1A and applied H4 COS and EAD on December 01, based on my wife approved I-140.

I raised request to expedite my H4 COS as it was pending for more than 100 days but it was denied. USCIS is currently processing COS applications from May 2017 (11 months wait), and as per current processing time it will take another 7 months for my application to clear.

So I thought of going to Canada for H4 stamping and reapply H4-EAD after entering US. Because as per USCIS, if I leave US before COS approved, my COS will be abandoned and EAD request will be denied.


But today I got status update email for my EAD “we ordered your new card and it will be mailed to your address”, but my H4-COS application has not yet approved and still showing we received your application.

As per current status looks like my EAD application is approved and COS still pending. Now I am unclear with next step.

Questions:

1. What will happen to my EAD if I go to Canada for H4 stamping? Can I go to Canada for H4 stamping and start working on my approved EAD after coming back or I need to reapply for new H4-EAD?

2. Also, I have 10 days of grace period between my L1A petition and I-94 validity where I am not authorized to work. Can I use my remaining paid vacation for 10 days or I need to apply for unpaid leave?

3. I am India employee from my company. If I can’t apply US paid leave, can I apply India leave (and get Indian salary in India) and stay in USA while waiting for COS?

Thanks,
Deep
 
#15
Hello Rajiv ji,

1. Does having a recent one foreign employment and one foreign address for about 10-11 months period have any negative impact on N-400? (assuming of course that no stay outside US was more than 6 months).
2. If so, does withdrawing and re-applying N-400 be better?
3. What is the general processing time of N-400 these days? I see some people get the interview letters in 2-3 months while for others its taking a year or more.

Regards
 
#16
FAQ: Status of off-site placed STEM OPT extension students
Dear Mr. Khanna,

USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.

Thank you.
 
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#17
Non-Profit to For-Profit H1b - followup on your previous call

Hello Rajiv,

I posted this question during the last call, but unfortunately we weren't able to ask follow-up questions due to some technical difficulty.

I was asking about H1b change from a non-profit to a for-profit and the possibilities. One of the options is to find a for-profit employer who can file my H1b. For this option you commented that I need not go under the Cap again if my Cap-subjective H1b is approved and hasn't been revoked before Oct 1st along with having I-94 approval (change/transfer of employer). I did not clearly understand the later part, which is I-94 approval. How does it take place? Does it take place automatically after the H1b approval or my new employer has to do anything or should I additionally do something?

Please guide,

Thanks
Rick
 
#18
Hello Sir,
I got admit from US university for MS starting this fall, I am in India as of now. I have good working experience in India with a top company and I am doing well here, however I would like to grow more by doing MS from USA. However my parents want me to get married before I move out of country. I found a match in USA, and that person holds Green card. Will it be any issue if I get married to GC holder before entering USA but after getting my F1 visa ? What would be the impact of doing so in future, and what are the legal implications of this ?
We have a die hard need to get married before moving to USA, do you see any issues ?
 
#19
FAQ: how does one change status while within the United States?
Hi Sir
I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet.
I want to change to company B in regards to which I have the below questions:
1- What is the process of switching the visa, and does it need me to setup an interview appointment?
2- If yes, does this have to be out of USA and in my home country?
3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?

Thanks
 
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