Recording Available, November 14, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member
#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: 28 November 2019
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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
FAQ:
Q1. Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?
Q2. If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?
Q3. If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ?
Follow up of previous post:

Question:

Q1. Two Month grace period on H1-B for searching job can be taken for 1 time in whole life or can be taken multiple times?
Q2. If one H1-B extension is filed and receipt number received from USCIS and after one and half month still first H1-B extension is under decision pending and for job change another H1-B extension is filed, filing second H1-B extension with transfer is filling is problem ? Any possibility for query from USCIS ? This is safe ?



Old Post:
FAQ: Converting from H-1B to H-4 and back again
I am on H1-B visa and I lost my job, I have I-140 Approved with priority date 2013. I have completed 7+ years on current H1-B. I want to move on H4 visa so that I can stay in USA and find new job.

My wife have H1-B visa with priority date 2016 and I-140 approved.

  • How many days I can stay in USA now, as I lots my job on my H1-B visa ?
  • If my wife file the H4 visa then till application approve/reject, can I stay in USA?
  • Can we file H4 visa by our self , we don't want her company to file H4 visa , to avoid complication is her job? if yes then where we can find details, we try to search on google but we are little bit confuse. can you an please guide us, right place to follow H1-B filing process and details.
  • I am trying to find job and once I will find job then I can move back to my own H1B Visa from H4 Visa or i will face any problem ?
  • is any other better approach you can suggest us ? so that i can stay in USA with my wife and find new Job ?

please guide and help us

Follow up of previous post:


I am not able to edit my post to add question so I am adding my 3rd question here, I am sorry for inconvenience.

Q3. If i move to H4 visa for some time and H4 Visa application is pending for approval and after 15/20 days I get Job and new company files my H1-B. in this situation where H4 application is pending and new H1-B extension with transfer will be filed, this situation give any problem ? Any possibility for query from USCIS ? This is safe ?
 
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#3
Dear Rajiv,

I have my I-140 approved and it has been over 6 months.

1) If I change my job within same NAICS code now, do I need to go through the entire I-140 process again. (Previous process took 2 years from job description to I-140 approval) or I do not need to go through certain steps again.


Thank you for help.
 

gk_nj

New Member
#4
Dear Mr. Rajiv- per your earlier suggestion (to withdraw my N400, and refile after my spouse's oath ceremony) i am about to send a withdrawl letter to USCIS ( now that my wife has taken oath).

The USCIS Phone cust.service mentioned that the letter should include a brief reason. Can you suggest which of the below reasons ( as written in Reason below) are appropriate.

If required, I shall take a phone/Email appointment with you.

---------------------------------------
Dear Sir/Madam: This is to request that i would like to withdraw my N-400 petition.
Receipt#
A#
Address#


Reason - My immigration Attorney has suggested that i withdraw my petition.
or
Reason - I missed my N400 interview due to unexpected work/travel reasons. I would like to withdraw and refile a new petition.

Sincerely
-Name
---------------------------------------
 
#5
Hi there,

I'm Canadian and moving to the US in the new year, on a TN Visa organized by my employer. My boyfriend is Portuguese and I would like him to move with me. He will not be working in the US in the short term or ever.

Wondering what our options are, such as TN common-law partner, extending the visior visa, investment options, study, etc?
 
#6
Hi Rajiv, Good Day.

I am LPR of US. I am planning to sponsor my spouse for GC and I need to submit I-130.
Currently I am staying with my husband outside US.

Is there any relativity between my presence in US and submission of 130.

If yes, can I travel to US for a day to courier the form 130 and travel come back?

Thank you very much for your service.
 
#7
FAQ: Procedure and time to get a green card for the spouse of a green card holder
Hi Mr. Rajiv, Thank you in advance for your time and free community service.
I am a software engineer from India and I plan to marry a GC holder in Texas in January next year. My concern is we wish to stay together in US at the earliest. My I-130 can be filed in the same month if it has to be filed post marriage.

I see from the visa bulletin that the F2A for India is ‘C’ current.
  1. So, On an average how long will it take for me to get my PR since the backlog is now current?
  2. My spouse is from the Texas. So does that mean the filing has to be done in Texas Service Center(TSC)?
  3. I saw from the website that the TSC has an estimated processing time of 5 - 7 Months in the table. So what are my chances that my application will be processed by TSC itself. And what will be the approximate time for me to get my PR once we file the I130 considering we're applying in TSC?
    • 1-2 months(priority date) + 5-7 months (processing) + 1-2 months(interview) = ~1 year. Is this calculation correct?
  4. I heard in one of the YouTube recordings where it was said that “if the priority date is current” the F2A processing will complete in 6 months:
    1. So can you tell me if that can happen in my case as well and how likely are the chances?
    2. Also elsewhere on this site I've seen "the 2-3 years of wait time for F2A" - is because almost 2 years is spent just for date to be current and only the remaining few months for processing. So I assumed actual processing would take 6-12 months only. Is my understanding correct?
  5. Does the 'processing time' of processing centers and/or 'priority date' table vary highly month-to-month? I plan to file my visa early next year only
  6. Since the F2A backlog is current, can I apply for I 485 as soon as I 130 filed by my spouse is approved or will there be any time gap?
  7. I read somewhere in your website "If the beneficiary receives the AOS or CP approval before the two-year anniversary of their marriage, they will receive Conditional Permanent Resident (CPR) status and the CPR card will only be valid for two years." Can you explain what is CPR status in detail and can I work in US during that period? Can you tell the case when its more than 2 yrs in which case will I get PR directly?
  8. How long will it take for a PR to convert to citizenship (for myself and my sponsoring PR)
  9. Also, there are 2 tables in the visa Bulletin board. Could you tell the difference between them?
    1. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
    2. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS
Once again thank you for your time and guidance.
How can I ask any follow up question if I'm from India?
 
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#8
FAQ
1. Can we apply 2 H-1B transfers while my extension with same employer is in process with different client?
2. If the extension is denied, will other two transfers will be denied?
Currently iam working for employer A and my H1b is expiring on Dec 31st. Applied extension in July and RFE was issued to provide client letter and relation between
prime vendor and client, and we didn't receive any documents needed for RFE from either client and prime vendor so we did withdraw the extension. .And the client and prime vendor relation ship is also ending this year on Dec 31st, My client manager asked me to come up with alternatives to continue at the same client as an other option I worked with one of the other prime vendor and applied for visa transfer through that prime vendor and my employer doesn't know it. With all these going on I was also looking projects outside

On Friday, I got an offer in another client for the same employer A and started Visa extension process.
Same day I got another offer with employer B and they started processing transfer.

All these are happening same time
--> Prime Vendor is applying transfer for my existing client
--> Current Employer A is applying extension with client A
-->Employer B is applying transfer with Client B


My question is

1. Can we apply 2 transfers while my extension with same employer is in process with different client?
2. If the extension is denied, will other two transfers will be denied?
3. Since I don't know if my extension or transfers will approve and h1B expiry is coming closer, I accepted all 3 and which ever approval comes first I was thinking to continue with them? Is this ok?
 
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#9
Hello Rajiv Sir,
I have two question, first one is about filling citizenship for my parents .
My parents came to united states in 2016 on green card and stay out of us for 6 month. when should i file for their citizenship. does 6 months period counts to complete five years of naturalization .

2) I am married and above 21 years staying in USA on H1b. Can my parents file for my green card as a green card holder ? Can I get the K4 visa as I am already present in the united states.

Thank you
Jordan
 
#10
H4 Visa Question:

I have a valid visa stamp on my passport till Dec 2020. My husband then switched the employer. .

My I539 is in progress from last 6 months. Can I travel to India and come back with old visa stamp that I have and my husband's latest I797 copy with new employer ?
 
#11
FAQ: AC21 portability before 180 days
My I-140 is approved under EB1C and my I-485 has been applied but 180 days are not over as yet.
Is it safe to change employers within 180 days using AC21 job porting or it is mandatory to wait >180 days?

Is it mandatory to have applied for and received an EAD ?
 
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#12
Dear Sir,
I am on L1A visa since 1.5 years with US affiliate (Company B) of foreign parent company (Company A); job is now being transferred to another new fully owned US entity (Company C).

Is there an option to continue employment with new Company C on same L1A (that was filed for Company B) using affiliate relationship with parent company?
Is there a need to transfer/reapply for L1A petition or is old L1A petition and visa stamp still valid for new Company C?

As I have I-485 pending > 180 days, EAD and AP is already received, is use of job porting with I-485 EAD and Advance Parole to travel a reasonable option to avoid visa stamping and potential delays due to possible visa denial due 221(g)?
 
#13
Hi
My EADS was due for renewal and we submitted all documents in Jan which is much is advance. EAD expires in Mar but since there was an auto renewal for 180 days I continued working. We were hoping that the renewal would come through but it’s Nov and we are still awaiting the answer. I am waiting for i765 and currently am on L2 status.
please advise if
1) my company should be compensating me while I am on leave. We haven’t formalized if this is leave of absence. The company and I are taking it one week at a time. So far it has been a week since I am off work.
2) can my company go ahead and find a replacement for me in the ne t few days if they would like as there is no clarity on whether This would take another month or more. my current USCIS case status is-expedite request approved.
3) does going to USCIS office personally help in such cases?
4) it has been 11 months since our first submission of documents and we re submitted everything after receiving an RFE. We re submitted in October.
5) could our international travel played a part in this delay,
V
 
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#14
Hello Rajiv,
I completed 16 credits of my masters in electrical and computer engineering(embedded software majors) in H4 and i am also working in automotive Full time (direct) for a top employer in NA, on H4 EAD(valid till feb 2021) for 2+years in the USA.

However my bachelor's is in electronics & instrumentation engineering and i still work for electronics domain as an embedded software engineer my job title is just software engineer & my previous experience in india is so i got a long rfe for h1b. My employer didn't give me rfe package yet but manager sent the reasons. However since it is too complex they are withdrawing h1b.

My husband has i140 approved but i haven't been added as beneficiary under this. I wish to convert to f1 visa(worst case) as H4EAD is not certain also will switch only if i am unable to get another renewal my husband's employer will start h1b extension petition.

I will do a COS to f1 and if i have to go to India before or in my opt period as my spouse has i140 approved eventhough i am not a beneficiary. Will his i140 approval affect chances of my f1 visa approval.
 
#15
Hello Rajiv Sir,

I have my I-485 pending based on that I have applied for my EAD extension(this is going to be my 3rd extension) on Sept 30th as per USCIS customer support they mailed me a receipt notice but I didnt receive it, I opened a Service Request to resend me the receipt notice its been more than 2 weeks they have mailed me the notice but I still didnt receive it.

Q> Is there a way I can access the receipt notice online? where I check my case status on USCIS website. I need the receipt notice so my employer can extend my work authorization.
 
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