Recording Available, October 06, 2016 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: October 20, 2016
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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.

 

[mohan1983]

FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining

Hi Rajeev,

I recently moved from Company A to B on July-2016 as a contractor while on i was on my 6th year H1B visa. Company B did my H1B transfer and I140 got approved through them as well. Now working at End client location placed through Company B. Now End client wants to hire me as Full Time employee.
1. Given I recently joined Company B will my jumping to Company C cause any issue to my H1B visa?
2. Can company B cancel my H1B petition?If Yes, Do i have to have a approved H1B petition from Company C before informing Company B about the offer?
3. Will my I 140 which got approved thru company B still be valid? Can i use it for future extensions of H1B?
4. Will i have to go though entire GC process from step 1 i.e Perm and I140 through company C again? Cant i use my current approved I140?
5. Company B did not provide I140 copy, how to obtain the same from uscis?
6. Is there any mandatory period to serve in one company who has sponsered my GC as i recently got my i140 approved in August-2016?

Thanks for your response.

 

[Sudi M]

Hello Sir,

My wife and I are Indian citizens and passport holders residing in USA on L1
and L2 visas respectively. Our son is born in USA. We would like to apply for
an Indian passport for him as we will be moving permanently to India. I would
like to know if it is possible for my son to travel from USA to India with
only an Indian passport. Please note that we are not applying for US passport
for him.
Are there any other documents, apart from Indian passport, required for his
travel from USA to India.
Appreciate your help.

Thank you.

Regards,
Sudi M

 

[hoping_for_best]

Hi Rajeev,

My H1B amendment was submitted to VSC in regular and pending since Aug 2015. I changed client in July 2016, and my H1B extn is submitted in premium in Aug 1st week of 2016, since H1B expiring in Nov 2016. H1B extn PP is still in received status.

- I'm hearing that the 1st application i.e., amendment has to get approved, before submitting H1B extension. Is it true?
- If so, what to do since my extension PP already submitted?
- What happens, if we request for PP of 2015's amendment & get RFE or denial?
- If 2015's amendment is approved in premium, will it automatically trigger 2016's extn application to start process or employer need to initiate anything?
- I need join another client soon. Please advice if there is anything my attorney has to do to have my extn processed.

Thank you so much.

 

[prasad121]

Hi Rajeev Ji

1. My Priority date is on July 2011 and I am still waiting for the date.. Do think any progress will be on Priority date move in coming months.. some of my friends saying as USA election coming there is high possibility of priority date move or filing for adjustment of status is this true.. if now how long should I wait for for my date to come.. there no much progress on priority dates since 2010..
2. The below Petition place in White house and its been two months did not hear and response how long it will take and how easy or how soon this petition could be happen..

--deleted--

 

[potterp385]

FAQ: Errors in visa and passport

Hello Rajivji

1. My Dad has Valid B2 Visitor Visa on his old passport . His B2 visa is going to expire in 2020.

Recently he applied for Indian passport renewal. And he had to correct his SURNAME on the passport renewal. As the surname is incorrect on his old passport. One alphabet was missing in the middle of the surname .

Both
1) old Passport has incorrect surname
2) Valid B2 Visa stamp also has incorrect surname. This B2 Visa stamp is on Old passport


If my dad wants to travel to US on B2 visa with out going to another visa stamping. He will have to carry both his old passport and New Passport.

Will the officer at POE raise concerns about the incorrect surname on Old Passport and Visa Stamping when compared with corrected Surname on My Dad's New passport.

 

[RaviKumar003]

FAQ: Name spellings different in various documents

Hello Rajivji Namasthe

1.My surname on my Passport and educational documents is different from the surname on my father's passport and mother's passport. my Father and mother have the correct surname spelling on their passports.

But i have different surname in my educational docs and all surname fields on my passport. The pronunciation is same but the wording is different.

On my Indian passport on the second page about father and mother details. I have wrong spelling of father's surname when compared with surname on my father's actual passport.

In future when i am eligible to sponsor GC for my parents will this affect me in any way.
what are the precautions that i will need to take so that i dont have problems during the GC process of my parents in future

 

[Sriram180792]

Hey Rajiv,

I have completed my Masters at a university X in August 2016 and currently pursuing my PhD in the same university X. But I got a job offer from a company Y and I would like join the company. Can I apply for OPT ? If not, what options do I have ?

Thanks
- Sriram

 

[green999]

Hi Rajiv Ji,

I have I-140 with priority date FEB 2008 with employer A in EB3. Now have new I-140 approved with Employer B in Eb2 but it has aug 2015 Priority date. This was done in premium processing and they did not port my priority date.
One information to mention my old i-140 has a dob say 1972 different than new i-140 1973. SSN also have 1972.

My attorney says they have sent old approved i-140 to port the priority date. I have seen from your blog they search with Name, SSN and DOB to get the old priority date. Since the DOB is different did they not port the priority date. The reason for DOB is different in new I-140 is we need to give dob as per BC even if it is different than other docs passport. This dob 1973 was recently discovered as I need to get BC for 3rd stage.
Here are my questions.
1. Can I raise a service request or only my attorney should raise it?
2. If my attorney did not include old i-140 petition and did not mention "Yes for Has any other immigration petition filed before - Part 4 , 6 question " in I-140 form, can they still submit a service request to port the priority date now.
3. If my attorney included the old i-140 petition can they still raise service request for porting?
4. Will they not accept my old priority date due to dob mismatch as I am trying to correct my dob in other docs.
5. Can I correct my DOB in my old I-140?
6. I-140 says the approval notice sent to NVC - If they change the Priority date will they intimate the NVC again.?
I am worried as my PD feb 2008 may become current any time soon.

Please give suggestions.
Thanks Again for the great service you are providing to us.

 

[wendel]

Hi Rajiv, I am in the US with my family on B2 visa. I had applied for MBA in Europe but i am now considering applying for F1 and to enrol for MBA since i have free accomodation here. my I-194 status is still valid but I want to know:
1) if i can get i-20 from the school here, pay the fees and apply to change status from the US without returning to the consulate in my home country.
2)My Sister filed a sibling petition for me earlier in the year, does it affect my chances of getting a student visa in the US and how long can i wait for the approval(i hear it could be as long as 9 years)

 

[Chandan Chandra]

FAQ: Arrival departure records from-to Canada

Hello Rajiv ,
I got my Green Card done by your firm and now I am ready to file
for citizenship . I had a question about Arrival and Departure records , can you
clarify how do I get my records from border and security control . Problem is when I went to Canada they did not stamp my
Passport so I dont know the dates I travelled to Canada . Please help. How and from where can I get accurate arrival and departure records.

Thanks

 

[Mira99]

What is minimum days needed in passport to apply for USA visitor visa ?



I am trying to apply for my brother B1 /Visitor visa but his passport is going to expire on 21st May 2017, What is minimum days needed in passport to apply for USA visitor visa ?

 

[Hari777]

FAQ: Liquidated damages clause in H-1 employment contract

Regarding Liquidated Damages

My H1B visa got applied through a company when I am in India, the offer letter they sent me had At-Will Employment clause, that is they can fire me anytime and I can leave them anytime. They didnt ask me to sign any contract or there is no clause anywhere in offer letter they have sent.
The visa got approved and stamped and I came here to US and joined them.

Two weeks after joining I am given an employee handbook and asked to sign a document that I am acknowledging everything written it. Its a 50+ pages document. And in that there is clause that if I leave the company in 12 months, then I have to pay all H1B filing fees and expenses including Attorney fees.
It felt like a bonded labor, the initial offer didnt say anything about it and now they arm twisted me.

Its been 2 month, and I got a new offer now and they already filed H1 Transfer petition and it got approved.
I would like to know what are my options, I am willing to pay liquidate damages if its reasonable, I would like to know what is the reasonable liquidate damages in this case?

 

[Vamshi Damera]

Hello Rajivji,

thank you for your help.

I have applied for I-824 for my twin daughters born in India while my Adjustment of Status was in processing, which is approved and shows status as "Case Was Approved And USCIS Notified The U.S. Consulate or Port of Entry". But when I contacted NVC they say as the notice is saying consulate is notified, contact consulate directly. But whatever I have been seeing on various forums it has to go thru NVC before scheduling Visa interview at Mumbai consulate. Please help

1. what does this status mean actually
2. what would be the next steps to follow or just have to wait until either Mumbai consulate or NVC contacts us
3. what would be the expected timelines and anyway of expediting.
4. Also if it goes thru NVC, I was seeing form I-864 or I-134 to be submitted. which of these forms would be applicable in my I-842 case.
5. My wife is stuck in India as our attempt to get a B visa for my daughters denied. The approval date on her GC shows as 04/09/2016 so by when she has to comeback to US without impacting her GC status. She traveled to India in Jan 2016 while AOS was pending.
I got my GC thru EB1C category. My wife is also a GC holder but was in India while AOS was processing and my daughters born a month before of our GC got approved.

Thank you very much in advance.

 

[IndianVisa]

Hi Sir,

My brother had his H1B visa from March 2007. He left to india then
He came to USA on B1 visa in Oct 2011 and got his old H1B reinstated in April 2012 with a good opportunity.
In this case, can you please advise if he gets 6 Yrs on his H1B ?? Can he stay in USA till April 2018 on H1B? (or) only till Oct 2017(including his B1 tenure)

** He still didn't receive his I140(Received Labor Approval in Jan 2016, EB2 category).. so we are trying to understand the changes, before he takes a step forward.

 

[monica1]

Hi Rajeev,
I am on my 7th year of my H1B with company A and I have approved I140 with
May 2014 priority date. Now I got a new offer with Company B and h1 also got
approved with them. Now my question is
1. If company A revokes/cancels my I140, can I still port the Priority date.
2. My wife is on H4 EAD and her current EAD expires in July 2017. so If
company A revokes/cancels my I140, so will my wife's H4 EAD will be cancelled
or it won't have any effect.
3. So now with the new H1B approval of company B can I apply for her H4
extension and EAD.
4. In the internet somewhere, I saw this " USCIS has recently updated in the
green card visa bulletin news that H1-b visa holders with Perm and I-140 can
file their I-485 within 5-6 years of approval of Perm and I-140 and need not
wait 15-20 years.".
First of all, is this correct news/ fake ? and secondly will it be applicable
to me. I mean can i use the old priority date of 2014. In 2019 can I apply
for I485.

Thanks for your reply.

 

[arpi123]

FAQ: Applying for EB-1 when EB-2 is in process

Hello Rajivji,
Below is my case on GC as of today.
I came on an L1A a year back and my employer has applied for GC on EB2 instead of EB1 not sure why, but that is the case.
I was wanting to expl0re if the employer and attorneys have a option to change it to EB1 a year from now once the Labor certification and I140 is completed.
Can you please share some insights here on the same?

Thank you

 

[manic01]

Hello Rajivji,
We adopted a child who is our nephew and his natural parents are in India. The child was adopted in the state of Texas and on July 2014. We had got the temporary order from the court as the sole managing conservator for the child and then in Feb 2015 we had got the adoption order. The child is staying with us in the US all the while. One of the conditions for the filing of immediate relative petition mentioned by USCIS is "Child must have lived with us for 2 years and if adopted in a Hague convention country on or after April 1, 2008, the 2 year residence period generally must be satisfied outside the United States" and the "child must be in our legal custody for 2 year either before or adoption (if adopted in a Hague country on or after 1, 2008 the 2 year period of custody generally must be satisfied outside the US)". The immediate relative process is in general guided by Section 101(b)(1)(E) of the Immigration and Nationality Act and Title 8 Code of Federal Regulations 8 CFR 204.2(d)(2). I do not find any mention there of the fact that the 2 year residence should be outside the US. Can this requirement of 2 years outside the US be waived and instead 2 years living with the child and legal custody of the child in the US be used instead. Should one attempt to file immediate relative petition or will it be automatically rejected.

Thanks

 

[pkr46]

FAQ: Changing careers on H-1

Dear Mr. Khanna,

I am currently on H1b and have a couple of questions relating to health issues and H1b:
1. I have degrees in Computer Science and would like to switch career to something else due to inability to work on computers for long time. How is this possible?
2. Is there any formal mechanism or clause to switch careers due to health reasons?
3. Is there any way to have a break in the U.S. between jobs while undergoing treatment for health reasons?
4. Will I be subject to H1b cap once again, in case I decide to leave the U.S. temporarily for treatment and then come back with a new job?

Appreciate your help.

Thanks,
Kumar

 

[monica1]

I am applying for visitor visa for my mother, Brother & sister in law. and I am sponsoring them completely for trip ( I134 form)

My parents use different surname (cast : Maheshwari ) and we use different surname (Dhuth )

My parent's all documents there surname is Maheshwari and in all of us surname is Dhuth in some document & Maheshwari in some documents.

· My Brother & sister in law will face any problem during visa ? because my brother's passport my father surname is Dhuth.

o Do we need to make affidavit that my parents are know with 2 names ? where i can find format which is accepted by US consulate ?

o If affidavit will not work then what document we need to avoid issue my parents surname is different in different document of my brother ?


· Due to different surname, I am planning to take different appointment for my mother and My brother's family ? do you think this is good idea ? or I can take one appointment for all of them to avoid my mother to prepare for interview, as she is in her 70's and she forget things ?

· Can you please suggest some interview questions or site where I can get questions asked during visitor's visa interview ? as my mother is in 70's , and she don't have all the new exposure and she forget things.