Recording Available, May 18, 2017 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: June 01, 2017
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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.

 

[Arunava Chakravartty]

FAQ: Is it legal to work for a foreign based company in the USA?

My wife has received her L2 visa. She plans to continue with her US branch of her India employer once she lands in US and gets her EAD. However for the period while she is US waiting for her EAD to come in , can she continue be employed with her employer in India and keep receiving paychecks in India , while technically not working for any US based employer prior to getting her EAD

 

[Ashok K]

FAQ: Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

Hello Sir,

First let me thank you for all your efforts to host this service it does help us a lot.

Planning to change my employer

Priority Date: Sept 2014 (EB2)
H1: on my 5th Year (Filed for extension it is currently in process)

My plan is to change my employer once my extension is approved but I have the following questions.

1. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
2. Can you please clarify if new employer needs to file for a new labor petition for both H1 transfer and I-140? Will this have any impact on my H1 transfer?
3. My wife is currently on H4 EAD (She filed for her extension too) What happens to her H4 EAD if my current employer withdraws my I-140?
4. Can she continue to work with her new H4 EAD (if approved) which she will get from my current employer?
5. Can I immediately start working for my new employer as soon as I get a receipt for my H1 Transfer from USCIS or do I have to wait for it to get approved?
6. Can I work for a company which does not E-Verify its employees? with all the regulations and Executive orders we are seeing from current administration will this have impact in future if I choose to work for an employer which does not E-Verify its employees?
7. My visa is going to expire Sep 2017 if I choose to go for a new Employer will I need Visa Stamping?
8. I am also sure my employer is going to withdraw my current H1 if he realizes that I have decided to transfer my H1 what happens then? Can I stay here?
9. Can my new employer file both I-140 and I-485 concurrently? With current trend should I go for EB2 or EB3?


I would really appreciate if you can help me understand how this is going to work.

Again thank you very much for all your help and support

>>>>>>>>>>>>>>>>>>Merged post from Pete

Hi Rajeev

Currently on H1B, I94 expiring on Dec 2017 have a I140 approved 6 months back from Employer A. Planning to change employer by transferring H1 to new employer B for permanent position.

Given that the new employer B needs time till July 2017 to file for my H1B transfer ,
Have question related to filling my extension as we can file it six months prior to expiry and also premium processing option not available:

Q1: Should i wait till July 2017 for Employer B to file H1 transfer along with extension or Go ahead and file extension with Employer A?

Q2: If i file extension with employer A now without waiting and in July 2017 Employer B also files for transfer along with extension will USCIS approve both?

Thanks
Pete

>>>>>>>>>>>>>>>>>>Merged post from Nik_H-1B

Hi Sirji,

I have I14o approved since 4 years with employer A. I got an offer employer B and willing to join him.
As H1B premium processing is on hold - below is question

1. Can i join new employer B once LCA is approved and H1B application received by USCIS ?
2. Should I join once USCIS received the H1B application and provided the H1B receipt ?

 

[P_Acharya]

FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

Hi Rajivji, thanks for the community service. I have a couple of questions about physician NIW eligibility and 1 question on AC 21 portability of medical job.

1) Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW?

2) The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas?

3) My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?

Sorry for long quedtions.

Thanks.

P_A

 

[newandhra]

FAQ: Impact of a misdemeanor under Trump EO

Rajiv Ji,

I would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket.As They consider as misdemeanor.

-Thanks,

 

[PJ28]

Hi Mr. Khanna,

Hope you are doing great.

I have a question regarding EAD. My wife moved to H1B visa from J1 on Jan 1st 2017. I moved to H-4 from J-2. My wife filed for green card in EB1 B 'outstanding researcher' category in October, 2016. She did the concurrent filing (i140 and i485 together). By filing concurrently, we got EADs which are valid till August 2017. I used my EAD to work starting Jan 2017, my wife didn't use her EAD. So, do you think by using I-485 EAD to work, my H-4 visa status is invalidated from the date I started using EAD (Jan 2017)? My I-485 is still pending. I want to know my options here. If my I-485 is denied do I need to leave the country immediately or is there any other option available?

Thanks in advance.
Pankaj

 

[tqnk]

Dear Attorney Khanna

I am an employee of an international organization (based outside of US). I come to the US for short trips on visa G-4 (about once a year). My visa is denoted with TDY (I don't work for the organization in the US offices). My child goes with me also on visa G-4. While being in the US, can my child enroll in a high school on visa G-4, and stay to finish school even when I leave? Would the answer be different if I come to the US more frequently (on visa G-4)? Can he stay for one school year, then next year apply for a new G-4, or an F-1?. Thank you.

 

[April Wilson]

Question- Do I need to update USCIS regarding my change in Citizenship(naturalize Canadaian Citizen) and change in passport.

Dear Rajeevji,

Thank you very much for your time.

When I came to US my Canadian citizenship application was in process. I entered USA on green card with Indian passport with immigrant visa stamp. Later I received my Canadian citizenship and passport.

Question --USCIS have my old Indian passport as records. When I will apply for US citizenship I will have to mention my nationality as Canadian. Do I need to update USCIS that now my citizenship and passport changed from Indian to Canadian ?.

If yes then what is the process to do it ?.

Thanks once again.

 

[aks341]

Dear Sir,
My job on H1B ended in March. Found another job during grace period and started working after H1B petition was filed. For some context - My H1B employer is a staffing ( consulting ) company ( one of the top 100 H1B users, $ 1 Billion plus revenue) and my client is a $5 billion plus public company.

I have a H1B visa stamped until July 2019 and the I-797 approval of last employer is valid until July 2019.

If I travel to India and get married while the currently filed H1B petition is still pending ( It is likely to remain pending until 7 to 9 months as per the current processing time),

1) Would my spouse be able to get a H4 visa based on the current docs - pending H1B petition receipt of current employer, last employer’s I-797 approval and visa stamp.

2) In the event that I am denied entry into the US when I come back, what are my options?

Thanks for your help.

 

[shahsaagar]

FAQ: Extending H-1/H-4EAD; working while extension pending

Hi,
Myself Sagar Shah. I am on H1 Visa, my H1, wife's H4 and H4 EAD expires on 7/18/2017. I will be completing my 6 years by 7/18/2017. My I-140 is approved. I have a question
1. Should i file for H4 EAD extension along with my H1 and H4 extension
2. Can my spouse (H4-EAD) work while her extension in progress.

 

[Nik_H1B]

Hi Sirji,

I am working for employer A and have approved I-797 till 2020 . I joined employer B and started working on H1B receipt and H1B approval is pending.
Now I got the offer from employer C.

Can I join employer C while my current H1B is pending ?

 

[Aparajith Sairam]

Dear Rajivji,

I work at Morrisville, NC, on H1B visa. I have been with my current employer for little more than an year. I was working at another company previously for 3 years. My H1B started in October 2014 (was on OPT from 2013). My current employer has not yet started my Green Card processing (nor my previous company).
I would like to take a break of 6-8 months if possible to go to India and learn some advanced Yoga. I need advice regarding how I may do this. I have learnt that since I am on H1B I need not go through the lottery system for H1B, if I get a job within an year in the US. I want to know the options I have to return to the US and work again after my break.

Thank you for your services.
Aparajith

 

[RSU11]

Hello Rajiv Ji ,

I am currently in US on L1 B status & as per company's policy I have to leave US by June end. But i got L1B visa & I-94 until DEC 2019.
I am looking for schools to join for master's and currently i have the i20 from university .

I have following question regarding COS process from L1 to F1. Can you please suggest on

1) Can i attend the classes while my COS application is Processing?
2) If i apply for COS based on the current i20 now ,can i switch the university when i find an better option before joining ? Do i need to submit another application or any doc's if application is pending/approved?
3) If my COS application got approved before classes start, can i stay in US till semester starts? and Can i work till classes start?
4) If my employer terminated my L1B by end of June and class starts in august, can i stay in USA with my COS application in processing status?
5) Best time to resign my job? After COS application got accepted by USCIS? Or Once COS approved? waiting until employer terminated L1B?

Thanks
Teja

 

[Ramya_S]

FAQ: Filing green card through multiple categories or employers and/or family simultaneously

Multiple green card

1. Can we file multiple green cards together? If yes what will be side effect?
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013.

I want to give a try with EB1 category personally, if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?

3. Should job description match in EB-1 and EB-2?
4. What all possible issues may occurs?​

 

[tqnk]

I am US citizen through naturalization. I am also a citizen of my origin country. I know US has its own legal procedures and requirements to adopt a foreign child. But I plan to adopt a relative child from my origin country following the laws there. Let’s say the adoption completes before the child gets 16 and is legal under that foreign country's law, but I do not follow the US procedures for US citizen to adopt a foreign child. After the adoption, I will start my 2 years custody and guardianship, and let’s say the two years completes when the child is 18 , or 19 years old, can I then apply a US citizenship for him?

 

[immihelp2013]

Hi Rajiv Sir,

Thanks for doing great community service.
I have the following questions for you..

Getting paid on 1099 while collecting unemployment
a) after the contract ends before the duration
b) if they were fired

 

[mohan1983]

FAQ: Activities permitted under H-4 EAD

Can h4ead person open a small business like ice cream shop as part time.

Also can h1b spouse support the maintenance of the business with out taking any remuneration. Is it legal and allowed

 

[ContactGS]

Hello Rajivji,

I'm currently on a H1B visa and working as a contractor at a client company.
Recently my client company got acquired by another company.
Do I need to get any amendment for my H1B visa? What other implications does the acquisition have on my H1B visa.
Thank you for your help.

Thanks,
GS