Recording Available, October 03, 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: 17 October 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: When should we file Supplement J for AC21
Hi Rajiv,

I am waiting for my green card with a priority date (PD) in March 2010 and the I-485 application has been pending for more than 180 days. I moved to a new job in the same profession and it has been over a year since I have been working for my new employer using my EAD (GC). Please advise when to file AC-21: can it be closer to the day when I am due to receive the green card as USCIS may issue an RFE to verify employment status or is it recommended to file AC-21 as soon as possible as it may expedite GC approval when my PD becomes current. Thank you.
 
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#3
Do we get 60 days of grace period after leaving an employer, and before joining another employer? Do this hold true even if the previous employer revokes H1b immediately after leaving the company, before the new employer has filed the paperwork for H1b transfer?
 
#4
Hi Rajiv,

For 2019 fiscal year my employer filed the H1B for me, I got the denial notice. USCIS determined that I was unemployed during my Opt period for more than 90 days hence they considering my presence in USA unlawful & violation of the law.

USCIS mentioned my OPT approved date as Jan 2017 to Jan 2018 in the Denial notice, But My OPT approved date is FEB 2017 to FEB 2018 as per My OPT card and I20s.

I updated the employment details before the 90 days. So it’s clearly states that my case is misunderstood by USCIS.

USCIS requested the paystubs from starting OPT, But I submitted the letter from my previous employer as I worked as an unpaid intern during the OPT period without accumulating more than 90 days of unemployment.

USCIS mentioned in the denial notice, The beneficiary's failure to maintain the beneficiary's non-immigrant status leaves the beneficiary without lawful immigration status. The beneficiary is now present in the united states in violation of the law. failing to maintain valid non-immigrant status or remain in the united states beyond the expiration of non-immigrant status will affect the beneficiary's ability to return to the united states in the future.

Initially, I got 1year opt. Then after I joined the second masters, during the course period I used the CPT.

Present I enrolled in the PhD course, DSO confirmed my SEVIS is active & I94 shows D/S? Can I continue to stay in US?

Could you please suggest what are the options I have?
 
#5
Hello, Good Afternoon! I am a USC, Career Retired Military Veteran with an EARNED LIFETIME COMBINED INCOME of 100% Service Connected Disability ($40k; nontaxable) n Military Pension (19.3k, taxable) with annual NET combined income of $58.4k. I calculated my difference of the USCIS 125% Poverty Guidelines n my 2018 Taxable Income to be at 3 times to be $8k, whereas my nontaxable income covers.
I sent in my I-864 with all DFAS n DVA letterhead income letters, n my IRS wages n tax transcripts for 2015 to 2018 (I had an extension in 2018, sent that in too), n my 2018 transcripts once completed. The NVC finally accepted my I-864, today, after my error in submission, used I864EZ, could not compress, n finally got the right form accepted. So, I thought. Now, I got an email requesting my employer's letterhead, when I do not work. I only have my retirement n disability pay, which I submitted the documents. I am wondering WHY the NVC is requesting my employee paystubs, I clearly indicated I am retired. Could you please explain, why? I know my income is NOT under the public charge law, I read the 837 pages! Is this a possible adjudicator error? I did request an medical expedite, during this period too. But, was denied. Could you please assist my question? I have no assess to a sponsor, I make more than most around me. Why am I going through this? I gave numerous supporting documents.
Thank you for your assistance.
 
#6
FAQ: Changing employers after 180 days of I-140 approval
Hi Rajiv sir thank you for answering these complex questions.
Here is my question based on this situation.
1.Approved I-140 (more than 6 months) with employer A.
2.I have joined employer B on same role,They are now going to file PERM again.

Question: What happens in the worst case of new perm/I-140 is denied.
 
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#7
Hi Sir,

I hear that one has to file I 485 within an year of the priority date getting current and remains current. Else the visa number will be given to next in line. Is it true please?

I am changing my employer next month, and the entire process of GC with them can take up to two years. If my priority date becomes current immediately on joining them, will I lose the opportunity to file I 485 with my old priority date for ever please?

Or, Can I file I485; whenever its ready with my new employer, provided the PD is still current.

Kindly give some clarity. Thank you Sir.
 
#8
FAQ: Filing an I-485 for a junior position when already promoted
I have one more question Sir:

This is in case I decide to continue with my old employer:
  • My I-140 was approved with SOC 15-1132 (Software developers) with my current employer 10 years ago in EB3.
  • My recent LCA has SOC 11-3021 (Computer and Information systems Manager) and I have 18 years of experience as of today. When my priority date is current, can I go ahead with I-485 application though the SOCs are different (and of very junior position on I 140), or do I need a new PERM filing with SOC 11-3021 for getting I 485 approved please?
  • Do they check if I am doing a similar job now to what was approved on I-140? If not will the I 485 be rejected?
Thank you sir.
 
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#9
FAQ: Expediting H-4 EAD
Hi Sir,
We have applied only for H4 EAD to Vermont service center with the receipt date of April 8th 2019. On September 5 th we raised an SR request and they closed that request on September 20, but still now no response from them. Currently the processing time in USCIS Website says April 23. Even we approached the senator staff to expedite but still now no use. My wife’s current h4 ead is expiring on Oct 2. and her employer can keep her on 30 day LOP( loss of pay). Could you please guide us on what steps can be done to get the approval sooner so so that she won’t get terminated from her job.

Thank you
 
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#10
FAQ: Is there a correlation between processing times and priority dates?
Hi Rajiv, Good Day.

I can see that, I-130 processing time is now reduced by 4.5 months at California Service center.

Can you please suggest how these processing times are estimated.

Is there any relation between processing time and priority date, as the priority date is already current.

Thank you very much.
 
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#11
Hi Rajiv.

USC wants to sponsor her three married children and their families under F3 category, consular processing(13 people altogether). Her income is not sufficient to sponsor them. She has one joint sponsor whose income is enough to sponsor each family separately but not enough for 13 people. Technically, these are three separate cases and the joint sponsor is eligible according to the federal poverty guidelines to sponsor each family separately. However, at the consulate level would this go through? Would it create issues whether his sponsorship is financially appropriate?

Thank you
 
#12
Hello Rajiv,
I have a question for the new rule of Public charge. I am US citizen and my parents have a visitor visa. I want to apply for their green card but I want to understand the Public charge rule in detail because I am afraid that if I apply will it have any negative effect? Should I just keep them on a visitor visa for now? Please let me know. Thank you
 
#13
Dear Mr. Rajiv - You have earlier advised me to file a new n400 after my wife's oath ceremony. When i tried to refile online-i get a message saying it is not allowed to file while i have an existing file pending.

I assume - should i send a letter to withdraw my current application and then refile? If so, What is the approx. time taken to receive the authorization to refile?
OR
Do you suggest that i pursue the current application rather? (FYI-I missed the interview couple of times in feb & apr 2019 due to the above reason)

Can you suggest the right next steps.
!!Thank You!!
 
#14
My wife is working on H1B from Oct 2011. Her last extension is approved till Sep 2020. Her I-140 is also approved. She left USA in Sep 2018, but still working for her employer remotely and planning to return back next year, by Dec 2020 and continue working with same employer. By Sep 2020, her h1b visa will expire.

I want to check how she can get her H1B visa extension or H1B visa/status back in US
1. Does she can need to claim her H1b from Sep 2018 - 2020 from outside of USA and file as extension ?
2. Or it will be fresh Visa extension application from outside US ?
Can a person file for H1B visa extension from outside US ? If not, can you tell process to do it ?

As she will have to apply for visa again to come back to USA next year, I want to understand how she ll get 797 approval for new visa stamping.
 

aapdesai

Registered Users (C)
#15
Hello Rajiv sir,
Me and my wife both are currently working on H1B visa beyond 6 yrs with I-140 approved in EB2. We both are employed with respective employers 10+ yrs. We are parent to 5 yr old daughter who is US citizen by birth. My wife is currently traveling 130 miles round trip each day for her job. Her manager got changed 2 yrs back and he is making it issue for using occasional work from home facility. Previously this was not issue. It's becoming very stressful physically and mentally for her to continue with same job. We own house and I travel opposite direction.
MY EB2 PD is in Nov 2010.
Wife EB2 PD in March 2012.
1) Is it possible for her to apply for dependent EAD in parallel while continuing on current job till dependent EAD is approved?
2) Can she quit job and look for another? Does she need to go through H1B lottery again if she has to go on H4 in between? Will there be legal challenges in doing so assuming we find new employer 6 months down the line who is willing to hire and restart PERM process? Can she port her PD even if there is break in between?

We are trying to figure best possible way out of situation and make it work for us.

Thanks
AP
 
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#16
Dear Mr. Rajiv

I am currently pending on my EB1a, I have submitted I-485, went to Interview, and got my renewed EAD-AP combo card which is valid for about 1.5 years from now.
Question: Can I quit my job now and start my own startup? Or can I join a startup that is incorporated by my partner? My EB1a case is submitted by lawyer hired by my employer. Can my employer ruin my case if they want to?
Another option for me is to get married (to a citizen) and apply for spouse Greencard, would that hurt my pending EB1a case because I have 2 different category of GC application open?
 
#17
FAQ: Traveling while H-4 EAD extension is pending
Dear Rajiv, I am on H1b and My wife is on H4 and having an EAD. Both of us having visa validity till 26th Jan, 2020. My Company is applying for H1B extension on Premium and we are also planning to apply my wife extension for H4 and H4-EAD (all together) . But we (Family) have a plan to travel India 2nd week of December for an important event and returning back in 1st week of Jan based on Petition approval. Would that be any risk on extension of H4 or H4 EAD ? do you think it would lead to denial or RFE? Can we plan the travel? if we travel do we need to go for stamping or can we travel back with current visa? Please help on these which would be a great help.
 
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#18
Dear Rajiv, I have a question for my friend. She born in India and has Indian Passport. Later on got married in Nepal and since then have Nepal passport. Now the person is having US Green card and applying for US Citizenship. Does person eligible for India OCI card as she got born in India?
Thanks in advance.
 
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