Recording Available, October 17, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
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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: 31 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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My mom and dad has been sponsored by me and they are now in the US on their greencard. My brother is in india but has been sponsored by me in June 2016 and then later by my mom in june 2017 under the unmarried son category. Both the applications are still in process but as per the latest visa bulletin F2A 's current date is June 2014. I have a question regarding the new public charge rule where an applicant is also required to show the income proof in addition to the affidavit of support. Another question regarding the same new public charge rule is regarding the affordable care insurance premium credit. My parents are eligible for it however I have denied to take the benefits being scared that this can jeopardize their application in future when they are ready to become US Citizen and can also affect my brother's sponsorship application. My mom got her greencard in May 2017 and my Dad got it in Feb 2019. Please provide your opnion on how the new rule on the public charge can affect the applications for both my parents and my brother's family based greencard.
 
My case Details:


Green Card Filed under EB1-C Category
Priority Date = Sept 2017
I140 Approved = Jan-2018
I485 was filed in March-2018 and pending with USCIS. I have received EAD valid until June 2021

Spouse Details:
I got married in April 2019. My spouse was on F1 status in April 2019 and I filed change of Status to H4 in May 2019 and it's pending. She abandoned F1 status after May 2019, so she is not on F1 anymore. Her current status is "pending H4".
My spouse’s I 485 is not filed yet as dates are not current.


Current Status
I came to US on H1B on July-2016
My First H1 extn was filed in May 2018 and got my H1 extn in April-2019 and it’s valid until 31-Dec-2019
H1B extension is yet to be filed.
Company attorney is not ready to file H1 extension, instead they are asking me to change to L1A because they think that H1 extn will impact my Eb1C petition.
Question:
    • I have already spent 3.5 years on H1b. I didn't get promoted during these 3 years, neither I got a significant salary hike. I am not sure if I should switch from H1B to L1A as it might get denied. And if it gets denied my spouse will be out of status and we won't be able to file her I485 if she leaves US. Do you recommend me to go ahead and file H1 extn or I should file h1b to L1A change of status? I don’t see high chance of L1A acceptance either as so many cases in my organization got denied.
  2. If my H1 or L1A gets denied then what are my spouse's options to keep in valid status( even if it's pending status) in US so that we can file her I485? I hope by end of 2020 my priority dates should become current.
 
Hello Sir , I am planning to apply for my citizenship through attorney. I have also applied for renewal of my Green card which will expire in feb 2019 and done with my biometrics , and have I551 extension sticker for 1 yr on back of my GC. I do have Class C misdemenaor criminal record in 2010, which was expunged later. I understand that expunge doesnt really mean anything nor help. Unfortunately i have lost my case dismissal form, and now since i am going through same attorney who had helped me for my criminal case , she says since my case was expunged its very difficult to get back any kind of papers as the data was all destroyed , and hence she is planning to send some affidavit on my behalf for not having copy of dismissal form and been delaying for past 2 months to apply for my citizenship for the same reason. Please let me know
1) If it is okay to apply for citizenship along with having just also applied for renewal of my GC?
2) What are the options to apply for citizenship through attorney, if one has lost the criminal case dismissal form?My attorney( who was also my criminal lawyer who had helped with my case before) is trying to provide some affidavit for loss of case dismissal form and pending to apply for past 2 months due to this as she sees it to be difficult with petition approval and backgrounds check etc
3)In meantime, since i have I551 extension sticker at back of my GC done during my biometrics appointment and said that i should be good to travel with it, in parallel do i also need to set an appointment to get I551 stamp in my passport so i can travel to India in case if there comes any emergency before i get my greencard approved for another few more years?If so what is the process for that?
4)I had travelled to Canada in 2018 on family vacation. Since they didnt stamp any entry in my passport , can i still put dates based on my itenerary data in the question for dates that we travelled outside US in N400 form?
 
Hello Rajiv Sir - I am working with my employer for the past 15 years.

In Year 2008 - Green Card (PERM) Process Started in EB3 India category.
In Year 2009 - I-140 approved.
In July 2018 - Filed AOS/ 485 (could not file sooner due to retrogression).
In Feb 2019 - Green Card approved after interview.
In May 2019 - CEO change in our company.
Starting July 2019 - Job cuts and several employees are let gone every month.
In Oct 2019 - Got a job offer from my client and I need to join next Monday. There is no salary hike.

Everyday I go to work with lot of stress thinking if my job is safe or not. My wife does not work and I am the only earning member in my family. I discussed my offer with my manager and he has no issues with me joining client. He thanked me for the work I did for the past 15 years wished me good luck.

Could you please answer the following 2 questions?

1. As it is 8 months since I got my green card, can I change my job now without causing issues with Naturalization?
2. The CEO change and job cuts in our company are posted in several news articles. Are print-outs of these news articles sufficient to prove to USCIS why I changed my job if they question down the line?
 
I am on F1 OPT already but graduating in Dec 2019. I have a job as Adjunct Faculty (non-tenure) in a State University. The University does not do STEM extension nor does H1B (Academic). I am planning to switch as my husband's dependent. His I-140 will be approved by the end of October 2019 (Premium processing). Is is advisable to apply for H4 and H4 EAD in January? Another other suggestions to have a stable visa status. I love this teaching position and would not like to loose this position. What would be the approximate processing time for H4 EAD?
 
FAQ: Filing I-485 through a new employer, if the old priority date gets current
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Hi Rajiv Sir,

Thanks for responding to my 2nd question in the previous session. Could you kindly help answer below query as well? Thank you.

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, and really appreciate you taking you time out for this community service!!

Thanks,
Ashika
 
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FAQ: Compelling Circumstances EAD
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Hello Rajiv Sir,

I have been diagnosed with Thoracic Aortic Aneurysm (bulge in a blood vessel (aorta)) which requires open chest surgery(Cardio Vascular Surgery).It could take atleast 2-3 months to recover fully.

My Immigration status -
H1b - Valid until - 09/2020
I-140 approved with Priority Date - 10/2016
  1. Can I apply EAD under Compelling Circumstances - medical conditions ?
  2. Can I be without payroll during this EAD period ? (bench while on this EAD) ?
  3. Can I go back to H1b visa after 1yr on a EAD ?
  4. Do I have to leave country for change of status from EAD to H1b ?
  5. Can I change employer while on this EAD ?
  6. What is my status if I have to travel to India.Can I return to USA on EAD. Any travel restrictions ?
  7. I will be on medications and doctor visits for life time. Can I renew EAD beyond 1yr ?
  8. What are drawbacks of this EAD ?
  9. If EAD is not possible then can I be on unpaid leave (FMLA Act) during this ( post surgery recovery ) period without effecting my h1b visa
Thank You Sir
 
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FAQ: Converting from H-1B to H-4 and back again
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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
 
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Question from one of our community members:

Mr. Rajiv,

These are follow-up question(s) to my concern that was addressed in your October 3rd conference call related to "filing supplement J for AC21 sooner than later before PD becomes current":
1. Is it allowed to travel out of states on EAD-AP while the Supplement J application is pending? In other words, not advisable to travel out of states
until Supplement J is approved by USCIS? Note: I am preparing to file Supplement J as soon as possible On another note,
2. Can I travel out of states for three to four weeks using existing EAD-AP that expires in the next 90 days?
3. Can I travel out of states while the application for EAD-AP extension is pending with the USCIS? I believe it is time to file an extension as my
existing EAD-AP expires in the next 90 days.
4. Will be there be any i-94 issues related to the above-stated questions 2 and 3? Such as, i-94 would expire sooner when I travel using my existing
EAD-AP that expires in the next 90 days.

Please advise, Thank you.
pavan bairu
 
Hi Rajiv,

If end-client letter has SOW and MSA, what does USCIS center consider for approving H1B valid period SOW or MSA???

SOW is generally for 1year
MSA is for longer period.

Regards
Yamini
 
Hello Rajiv Ji,

Recently my wife moved to a different client and location after amendment is filed with the same employer with the receipt notice. But now it is denied after a RFE saying the role doesn't qualify for specialty occupation. She still have a valid H1-B until Feb 2021 with the same employer for previous client. So what are her options here?
  • How many days she has to file another amendment?
  • Does she has to move to previous client location first to file another amendment?
  • Can she apply for another amendment with the with the same client for which her amendment is declined?
  • Can she apply for new amendment for a different client?
  • Also is it better to apply for H-4 as I am on H1-B?
Thanks for all your input and advice regarding!
Phani
 
FAQ: How long is an I-140 approval valid?
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Dear Mr. Rajiv

My priority date (self petition) is current now but I'm looking at a promising opportunity (scheduled for interview in December) outside US.
Assuming I get the job and leave US without applying for adjustment of status, will my priority date be still valid in future. I'm thinking at the possibility of returning back in few years. If I did decide to return back to US, can I apply for green card from outside US (assuming priority date does not retrogress) in 3 or 4 years from now?
Thanks!
V
 
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we have approved i 140, but we are in India from oct 17.

1. if s386 pass is thr any additional step we hv to do from India for filling 485?

2. I was on H1 for 8 yrs ,now doing master in India and trying for international internship by J1

3. what chances do I have to get J1 & If I get 2 yrs HRR ,can I file 485 under s386 ?

4. After getting J1 visa with HRR, if I dont travel on J1, would HRR still applies?
 
Hello Rajiv Sir,

I have just got my I-140 approved from employer A and i want to switch the job immediately without waiting for 180 days due to a very good opportunity with Employer B. I have a very limited time remain on completing my six years on H1B . My question is
" Can the new employer file the H1B transfer and Extension together using my approved I-140 under premium processing?
 
Dear Mr. Khanna,

This is reference to the initial post (Post 8 Aug 28) and discussion we had during the Sept 5 community call on the Public Charge rule related to my parents who are currently availing medicaid.

You had mentioned that you had not read the rule at the time and would open a book and chapters on public charge.

I have been actively following on your facebook, LinkedIn and Immigration.com, but couldn't find the book.

Could you please advise on any further guidance.

Thanks,

----
Original Post (Post 8 Aug 28):

Dear, Mr. Khanna,

My parents are green card holders(mom since Jun 2009 and dad since Dec 2016), sponsored by my uncle who is a US citizen. They are now both above 65 years. I and my wife are on H1B and my daughter is a US citizen by birth.

USCIS director announced a public charge rule which will go into effect on Oct 15. I would like to know if this applies to existing permanent residents as well or only to new applicants seeking permanent residency?

If only for new applicants, can my parents continue their public benefits (such as medicaid) beyond October 15, without their green card being revoked?

Also, is there any issue if they travel abroad and seek to return to US.

Appreciate you help and guidance.

Thanks,
 
Hello Rajiv,

Thank you for your response on my earlier question during the Sep 3 call.

My case details:
Applied for H1B extension for my Computer Programmer role at Nebraska center. Later got transferred to Vermont, did not get result for about 8 months, converted to Premium, got RFE, neared my 240 grace period hence moved back to India, responded to RFE, got denial and yet to receive the notice.

Question:
My project role is with web development. Thinking of re-applying with Software System Engineer role. Currently client letter is not issued and only have SOW and MSA.
1. Is it ok to re-apply with Software System Engineer role, which is a higher role compared to Computer Programmer and the job responsibilities matches my project role?
2. Can I go with Premium mode while re-applying? Is there any risk with going with premium immediately after a denial.

Thank you in advance.

Regards,
Raj
 
Hello Shri Rajivji

As per latest "Presidents Proclamation" all immigrants ( like Green card holders) should have health insurance and if they do not have the insurance then they will not be allowed to enter into USA at POE. As per proclamation the immigrants should have "an unsubsidized health plan offered in the individual market within a State ".

I got green card about 18 months ago. My income is about $30K per year. My employer do not provide health insurance.

Question: Am I eligible for Obama care (Affordable Care ) health insurance plan? Or should I purchase the policy from Market Place ? to protect my immigrant status ?

Thanks
Krupa
 
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