Recording Available, November 29, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
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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: December 13, 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
FAQ: Effect of L-1A denial on approved I-140 green card
Hi, Need you help with below question -

I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria.

I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current.

My L-1A COS is rejected (Denied) .

1) Will this impact my already approved I-140 ?
2) What options I have now to stay in US after 20 Jan 2018
 
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#3
Hi Rajiv,

Need Suggestion to Travel during H4 EAD is in Processing

Info :
1. Current approved H4 petition (I529) is valid till Sept 2020 (My Husband's current employer)
2. Passport has valid stamp till Sept 2019 (My Husband's previous employer)

Probable months of Travel : February to May 2019
Filed for H4 EAD in Nov'18.
Current Status : H4 EAD is in Processing

Question :
1. Is it good to travel during H4 EAD is in process ?
2. Is it good to apply for H4 EAD after her arrival in USA (May 2019)?

Thanks for your valuable suggestion.
 
#4
FAQ: Transfer of priority date on an I-140 -- process
Hi - I have another question

I had EB-2 I-140 with PD of March 2017 , My EB-1 I-140 is Aug 2018

My attorney has filed for amendment of priority date -

How this works , will they open the case again ?
How long will it take to get the amended i-140 with old priority date .

Rgds
 
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#5
FAQ: Period of maximum stay allowed for tourist visa entrants
Hi Rajiv,
I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.

Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2m during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.

Thank you.
 
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#6
Employment Based I485 / EB2 I140 Concurrently Applied. I I140 Denied - What Next

Hi Rajiv,
Here is a Situation. Kindly please advise

1. Recently I485 and EB2 I140 were concurrently applied. EB2 I140 was applied only in regular processing and not in premium processing.
2. 3 Months after applying I485 the Candidate and his family received the EAD Cards.
3. 6 Months after applying the EB2 I140 it was denied due to the fact that the candidate had only a 3 years of Bachelor's degree and not a Master's degree. However Candidate had 14 years of Experience post the Bachelor's degree plus 18 months of NIIT Computer certificate course.
4. Candidate is still maintaining H1B Status

Now what does the Candidate / Attorney do:

1. Is the Obtained EAD not useful anymore?
2. Should the Candidate re file I 485 after the EB3 I 140 is approved?
3. Will the Candidate receive new EAD card after the new I 485 and EB3 I 140 is approved?


Thanks
Gokul
 
#7
FAQ: Continuing employment-based green card while moving outside the USA
Hello Rajiv,

I am exploring an option to move to Canada temporarily in order to save my Canadian PR.
My PD date is March 2012 and have an approved I140.
Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022.
Plan is to move to Canada after H1B approval and H1B visa stamping from India.
Question
1. If Priority date becomes current during my stay in Canada then what are my options.

2. If Priority date does not become current and i tried to enter US after staying for more than year outside US. Two situation could occur
  • H1B extension (I797) is still valid (before Feb 2022)
  • Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I129.
  • To convince them on job responsibilities will the letter from employer be sufficient Or need something else?
  • Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
  • Or it will not be an issue entrying on valid H1B visa

3. H1B extension (I797) is expired (after Feb 2022) OR because of some reason I have to file new H1B extension to enter
Can i use my approved I140 to file new H1B extension(or claim the H1B period) and that will be cap exempt ?
OR i have to file new H1B petition and re-enter the lottery.

Arminder
 
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#8
FAQ: Starting business on 485 EAD
Hello, I have a very quick question. Am I allowed to open a corporation and run a business on GC-EAD?
If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?
 
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#9
FAQ: Status expiring during the pendency of an H-1B extension
H1 Extension pending while I-94 about to expire.

Hi Rajiv,

I really am thankful for taking time for community calls and helping us with legalities involved.
My questions:

I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.

1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.
2) Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
3) If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?

Thank you so much for taking time in answering.
 
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#10
Hi Rajiv,

Can a person with 3 years of Indian bachelor degree with 5 years of experience qualify for eb2?

Does CIS state the below?

The CIS will not hold a three-year BS followed by a two-year Masters degree to be the equivalent of a U.S. Masters degree. The reason is that for a U.S. Masters, a person must complete six years of education after completion of High School. However, you may still qualify for an EB2 petition if you have five years of experience. If you do not, you will still qualify to file under EB3.

Thanks
Roy
 
#11
Hi Rajiv,

I am an India born Canadian Permanent Resident, and currently, reside in Vancouver.

I worked in Seattle on H-1B from 2015 to 2017.

My current employer had also filed my I-140 and I have an EB-2 Priority Date of March 2018.

My wife and I are expecting a baby early next year. As baby would be born in Vancouver, he/she would be a Canadian Citizen by birth.


Question:
I am planning to move back to the US on H-1B. As I am India born, I cannot get my GC on my I-140. But, if we move to the US on H-1B, will the baby be able to get a Green Card - being born in Canada and using my already approved I-140 ??
 
#12
Hello Rajiv,

I am currently on H4, planning to apply for H4-EAD after my spouse I-140 approval which is pending now.

I was on H1 previously until september 2017 with I-140 approved. My employer withdraw-ed I-140 in March 2018 due to some company issues.

Right now, i'm looking for job, i want to change back to H1, can i apply my H1 in premium processing now..?

If i apply H1-b under cap exempt in regular processing, can i start working after getting the H1-b application receipt or do i need to wait until the application is approved..?

Thank you for the suggestions.

Manasa
 

prasad121

Registered Users (C)
#13
FAQ: EB-2 approved applying for EB-3
Hello Rajiv ji

I apply for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date I am still eligible for eb3 as I initial apply for or do I need to downgrade to eb3 will there any question will raise ? Do you think EB3 move forward on coming Visa Bulletin? Please advise
 
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#14
Hi,
I have an approved I 140 from employer A. I transferred my H1 to Employer B , but I got validity for only one year instead of 3 years. I started working for employer B.
Can I transfer my H1 to a new employer C using the initial I 140 and get a three year extension?
Please suggest.
Thanks
 
#15
FAQ: I-94 expired -- Unlawful Presence
Hi Rajiv Sir,

I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.I have few queries
1) Can you provide the best solution for this I94 problem? Explain please.
2)How should I proceed legally for acquiring New I94? Is there any process for getting approval for New I94 within USA ? Explain please.
3)My husband's papers all have valid I94 date until Dec 2019. Is it applicable for H4 dependent spouse?Get a new I94 based on his papers by crossing Canada border?
4)Can I go to my home country now and again re-entry US with a new H4 visa stamping(before 365 days) ?will there be any problems? Is the 3 year ban even applicable for home country?
 
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#16
My Green Card was approved in EB1 category in 2010. I applied for US Citizenship in Feb 2015, was fingerprinted in Mar 2015 and interviewed in Nov 2015. I cleared the Civic and Language portion but was told that a decision could not be made on my case at the time. Multiple inquiries through InfoPass and State Senators has come back with the response that my case is under review pending an extended background check.

It has been almost 4 years since I applied. Please let me know what is the most appropriate course of action in this case.
 
#17
Hi Rajiv,

Good Morning. How are you?. Need your sincere advice on my situation.

I have moved from L1 to H1 from 1st Oct 2018. I see GENDER was referred incorrectly in my I-129 and travelling to INDIA next month and I have below queries.

1. Does it required file amendment to correct GENDER?

2. Does it impact my VISA interview if I travel to India next month?

3. If amendment is required, do I need to wait until adjudication to travel?

4. I should not travel if amendment is in in-progress, shall my dependents(they are in India) go for H4 stamping?

Please advice me. Sorry to bother you for lot of questions.

Thank you.
 
#18
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
CALL DATE: November 29, 2018
-----------------------------------------------------
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.
Dear Mr. Khanna,

I am a new US Citizen and have a fiancee in India. She is a widow with kids and already has a tourist visa and plans to visit USA for 15 days during christmas holidays with her kids next month. We plan to meet and finalize the things at that time. My question is, if we choose to move forward with the decision of getting married and her eventual move to USA, what is the best route going forward (in terms of speed and safe process), once she leaves USA.

Should we marry in USA during her visit and apply for K3 visa? Or should I wait for her to leave the USA and then apply for K1 visa. We do want to bend any rules, just want to understand the safe and reliable process of doing this right.
 
#19
Dear Rajiv, Within 3 weeks of getting my green card under L1A (EB1C), I got laid off due a company wide reduction in force due to M&A of my employer with its competitor. I got a notice from USCIS revoking my I-485 as they received a letter from my employer after my termination that my visa petition was withdrawn by my employer. My termination letter says that my termination is due to a reduction in force. The USCIS says the decision cannot be appealed but a motion to reopen the file can be made within 33 days if there is an error in the decision. There is no misrepresentation of facts / fraudulent intent either by me or by my employer.

I have seen one of your articles in which it says that an employee will be eligible to retain green card if the employee was laid off after the employee received the green card. If a proper representation can be made, what are the chances of USCIS reinstating I485?

Thanks

RK
 
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