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Recording Available, November 12, Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Oct 30, 2015.

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    DEEPAMENON 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: [​IMG](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: : [​IMG](202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: December 03, 2015
    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.
    Last edited: Nov 18, 2015
  2. potterp385

    potterp385 New Member

    Hello Rajiv ji Namasthe

    1) My wife is currently on H1b. I am also on H1b with approved i140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment.

    My wife is willing to Move to H4 EAD. Say my wife's employer initiated her GC process when she is on H1. Once the perm is filed by wife's employer, will she be able to convert from H1 to H4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H4 to H1 and H1 to H4 in between PERM and I140 process.

    2) My brother is on F1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC prcess on F1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H1b.

    What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H1b to get in to GC process Queue
    Last edited by a moderator: Nov 11, 2015
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  3. sureshkakumani

    sureshkakumani New Member

    Hi Rajiv,

    We have started a company recently and wanted to sponsor H1B for experienced employees and place them with our clients. what is the criteria and can a new company sponsor H1B?

    Last edited by a moderator: Nov 11, 2015
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  4. RaviKumar003

    RaviKumar003 New Member

    Hello Rajivji,
    I have my perm labor and i140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY i140. I heard from your last conference call that i will be loosing my priority if i140 is revoked by employer.

    i am close to 5th year of H1. so cant take chances. If i move to FT position in the next 6 months and say my current employer revokes i140. I will not be able to get extension for H1 beyond 6 years.

    So i approached another employer , EMPLOYER B (Consulting Firm) who is willing to Start New GC process.

    1)can i continue working for Employer A while EMPLOYER B initiates new GC process for me.

    2) is it possible for me to clear the PERM and i140 Stage of GC process of Employer B while still working for EMPLOYER A.

    3) I may or may not join EMPLOYER B. As i am in the process of looking for FTE position.
    a) Say i moved to EMPLOYER C (FTE) and i have never worked with Employer B and have 140 approved with EMPLOYER B . Can i come back to EMPLOYER B in future when my priority becomes current. Employer B is don't have any intention as of now to REVOKE the GC.

    4) i also heard about rejections in PERM. Can EMPLOYER B start 2 different GC process for me and file 2 PERMS at the same time.

    5) If EMPLOYER B start 2 different GC process for me and file 2 PERMS at the same time. Does it have to be same position or 2 different positions.

    6) does it costs anything for the Employer to hold an Approved i140, once the employee leaves the company. As i see few Employers dont revoke the GC process when an employee leaves the company. Few Employers revoke the GC process as soon as the employee leave the Company
    Last edited by a moderator: Nov 11, 2015
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  5. Bear1015

    Bear1015 New Member

    Hello Rajiv,
    I went to Community college in US and transferred to a 4-year university and got a BA degree in STEM area. My STEM OPT expires on March. My F-1 expired two months ago. I am thinking to go back to Community college (by transferring SEVIS to maintain the i-20 valid. The school already replied me I was allowed to be on CPT starting next spring) where it can allow me to work on CPT so that I do not have unemployment gap.
    However if the new rule regarding the extension of OPT STEM into 24 months passes next February, I would not have to be on CPT. But since the school starts on January I need to decide whether to

    1) transfer SEVIS on January before the OPT expires and be on CPT (safe way not to have the unemployment gap)
    2) wait for the new rule to be passed until February (risky way)

    Which way would you recommend?

    A few more questions to ask,
    1) Can I apply for EB-3 at this situation now?
    2) Can I only apply for EB-3 under H1B?
    3) Can I apply for EB-3 under CPT?
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  6. Shankar Somasekhar

    Shankar Somasekhar New Member

    Dear Rajivji,

    My wife is on H1-B and became aware of her project end dates. We are currently evaluating the options of H4-EAD.

    1. Can we file H1-H4 transfer and EAD concurrently?
    2. Do companies hire full time on H4-EAD?
    3. What are the benefits of H4-EAD over H1?
    4. A lot of time and effort went into H1, do you think is it wise to convert to H4-EAD?
    5. What are the typical risks associated with conversion?
    6. What is the typical timeline experienced with H4 approval and gap between H4 approval and EAD?
    Thank you very much for your help.

    With regards,
    Last edited by a moderator: Nov 11, 2015
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  7. mona.taneja84

    mona.taneja84 New Member

    Hello Rajiv,

    My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through infopass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
    My questions are
    1) Is it possible to request USCIS a duplicate copy of my I-140 approval notice
    using either g-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?

    Last edited by a moderator: Nov 11, 2015
  8. MNDS

    MNDS New Member

    Dear Rajiv,

    I am 36 years old Syrian and still single, i was born and raised in a country "Saudi Arabia" were just a little human rights for foreigners, I couldn't get the citizenship even by birth in this land because it's as impossible as asking for the key of heaven.

    I gave a girl that i met on internet a ride to her house by my car, it was 10 min ride thats all, never seen her again, then i struggled for two years trying to defend myself because what i have done considered as crime, which all i did is give a girl who is not related to me a ride, and now they will deport me out of this country for this matter...

    They will deport me to my parents homeland Syria even theres a chaos over there, and i have two weeks left to finish all my things here n sell my things, car, etc....

    I want to immigrate to US as refugee, i am well educated and i was working in IT department in many companies...

    Any help, my time is limited... Whats your advice!

    Vijaya Reddy likes this.
  9. rahul11j

    rahul11j New Member

    Hello Rajiv Ji

    I had posted a question regarding keeping the Old Priority Dates in the last conference call - and also came across your updated blog link here along with your comments on Nov 5, 2015.


    On your earlier blog thread - you had described about USCIS not following this trend, and there are also a few people who reported that their PD was lost between May 2015 to Sept 2015 application processing.


    As such - it seems interesting to note that if this teleconference had happened in April 2015 - why was USCIS not following their own explanation for a period of time.

    1) Can we get to see a copy of this teleconference document - that you had referred to ?
    2) Does withdrawal of I 140 by an employer same as revocation by employer OR withdrawal and revocation are two different things ?
    3) Has USCIS listed their final official position on this issue as like a document anywhere on their website ?

    Thanks Much

  10. asm66

    asm66 New Member

    Hello Rajiv ji,

    I have a question regarding immigrant visa for my brother ABC. My other brother XYZ who is a US citizen had filed for immigrant visa for ABC back in 2002. The petition was approved in 2007. Recently ABC got a letter from NVC saying that his visa is now available and they can start the process. Unfortunately, both my brothers had a dispute couple of years ago and are not on talking terms with one another. XYZ will not take part in the processing of immigrant visa for ABC.

    Can I, also a US citizen since 2006 act as petitioner for P? If so, what will be the process?

  11. asm66

    asm66 New Member

    Hello Rajiv ji,

    I have a question regarding my brother’s immigrant visa. My brother A (Petitioner) US citizen had filed for immigrant visa for brother B (Beneficiary in India) back in January 2002. USCIS had approved the petition in 2007 and forwarded to NVC in 2007. Recently NVC has sent letter that his visa is available now and can start the process.

    Unfortunately, both my brothers (Petitionary and Beneficiary) had a dispute couple of years ago and are not on talking terms and brother A (Petitioner) US citizen will not take any action or participate in this opportunity to start visa process.

    I am brother C, US Citizen and a real brother of both Petitionary and Beneficiary. My question is “Can I take over the process since petitioner brother wouldn’t participate in the process and I am willing to do anything necessary to help beneficiary get immigrant visa, is this an option possible?

    Please note that I am US citizen since 2006, if it make any difference.

  12. PeterPelc

    PeterPelc New Member

    I'm a Canadian physician on an H1b (never been on J1) which expires June 30th, 2017. I'm currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer.

    1. For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct?
    2. In your experience, is 1 year enough time to complete the EB-2 process? I'd like to have my I-140 in hand before my fellowship ends on June 30 2017.
    3. My first year of residency, I was on OPT, and that was spent at a VA facility. I did not get a full license until my second year of residency. Can that first year of residency count towards the 5 year time requirement for working in an underserved area for the physician NIW? According to the Schneider court decision, any time outside of J1 counts as long as it was at a VA facility or MUA area.

    Last edited by a moderator: Nov 11, 2015
  13. DoNotAsk

    DoNotAsk New Member

    Hello Rajiv

    I am contemplating marriage to a GC holder and I have a question regarding I130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.

    Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I130 and Adjustment of Status. What are the risks/implications with this approach.

    What is the best procedure in these circumstances. Thanks in advance.
    Last edited by a moderator: Nov 11, 2015
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  14. Vijaya Reddy

    Vijaya Reddy New Member

    Hello Rajiv,
    I have a question regarding my H1 validity. If we are out of USA for more than one year, Will the H1 period will be reset? (My H1B transferred on my initial H1B only)
    My company started My GC process for me this year and they may file my perm in December 2015. My H1 will get expired in june 25th and My final NIV expires on Aug 18th 2016. Can I travel out of USA to extent my Final NIV? Please find my travel dates are below.

    First US Entry 2/19/2008
    12/31/2008 05/1/2011 Stayed out of USA for 850 Days
    10/9/2011 11/5/2011 Stayed out of USA for 26 Days
    06/16/2015 7/27/2015 Stayed out of USA for 40 Days

    What is the best procedure to avoid any issues. Thanks in advance.
  15. AssumeZero

    AssumeZero New Member

    Dear Mr. Khanna:

    I filed for my sister's green card with a PD of 12/12/03 under Family 4th Pref, which was approved in 2009. However the visa numbers did not become current until now but expected to be so by October 2016. This is under Pakistan chargeability. She has a son who just turned 21 in June. He is not listed on the latest paperwork which I received on Oct 1 this year. Does this mean he cannot join her, or cannot retain his original priority date of 2003? If so, what's the best strategy to speed up his process? I have read about the June 2014 Supreme Court ruling striking down most F4 "derivative" beneficiaries, but need clarification. Thank you for your reply.

    If this question has already been addressed by you, I would appreciate a link to it. Many thanks.
  16. Anand Joshi

    Anand Joshi New Member

    Hello Rajivji,
    I am on H1B (with a non profit organization and hence cap exempt) and my current employment terminates on 06/30/2016. If H1B for my subsequent employer is still under process, can I stay beyond 06/30/2016 (assuming my current employment is terminated on 30th June 2016). My I-94 is valid until 07/2018.
    Thank you for your time.


  17. Subject: EB-5 Visa process

    Rajiv Sir

    Question is, invested money is at risk although the process is approved in compliance to immigration.

    By the above compliance does it mean, that when the money is spent completely on the application (approx 560000 USD):
    1) is the conditional Green card guaranteed in 18 months for all cases, and
    2) will conditions be lifted on applying I-829 within another 30 months - guaranteed?
    3) The intent of the query is, after spending so much, is there any chance of not getting the permanent Green Card, and if in case not approved, is the entire investment lost or it will be returned?

    Thanks for your valued response

    Sarathi Sarbadhikary.
    Last edited by a moderator: Nov 11, 2015
  19. Vrishali

    Vrishali New Member

    Hello Sir,

    I came USA on H4 visa (June 2013). In Sept 2013, I applied for H4 extension along with my husband's H1-B extension. Then I changed my visa to F1 (approved in July 2014). I took admission in private, for profit school in falls church,VA. I completed my MBA course in March , 2015 and since May 2015 I am working on OPT, which is valid till May 2016. (My course does not qualify for STEM Extension).
    I want to travel India to visit my parents. I did not travel outside USA after coming here in 2013. So, after going to India, I will have to go for visa stamping. I heard that it is risky to go for visa stamping while on OPT (especially after H4 to F1 COS).
    My question is, if visa officer rejects my F1 visa, will I be able to come back on already approved H4 visa ? will I have to apply for H4 visa again? I do not have valid visa stamped in my passport.

    I really appreciate your help.

    Thank you very much for your time!!
  20. Manglesh

    Manglesh New Member

    Hello Rajiv

    My wife file was file by her sister on F2A category but she got 21 before the priority date (DEC 2005) and convert to F3 category.Unfortunately we got married in Dec 2009 and at the time the date was jun 2003. now the pririty date are showing as 2009 which already pass her 2005 date. But she has not received any letter from USCIS and when we check online is shows as file was send to USCIS back.How we can check the file status or is there anyway we file again or is there any chances of filing for I-485
    Thanks a lot.

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