Recording Available, October 25, 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: November 08, 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
Hi Rajiv, Good Day.

I am about to marry a LPR holder.

I am in India currently, what procedure should I follow after the marriage.

thanks in advance for the valuable suggestions.
 

shd

New Member
#3
FAQ: Travel during N400 naturalization process
Dear Rajiv,

1) During my N400 process, Can I travel out of USA ?

N400 Filed : Sep 6 2018
Biometric completed : Sep 25 2018
Waiting for the Naturalization Interview appointment date.
 
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#4
When changing jobs on the AC21 using supplement J how is the job similarity derived for a person who has applied from EB1C category ?

So the job family listed is
11-0000 Management Occupations

and my specific code is say the below on my approved i-140
11-3031 Financial Managers
So does the similar job mean the supplement J should have only 11-3031 or any from the family of
11-3000 Operations Specialties Managers or any code under the super set of 11-0000 ?

Example, if i move as the CFO and the new relevant code is the below under the Management Occupations,

11-1000 Top Executives
11-1010 Chief Executives
is this considered a similar job ?
 
#5
Hello Rajiv Sir,

Thanks a lot for helping the community.


I was on F-1 STEM OPT. I got picked up in the H-1B lottery this year.

My H-1B petition was approved with COS from Oct. 1 for a job in New York. However, my employer laid me off from this job and offered me a new job in Ohio. I shifted to this new job in Ohio in August with the same employer and informed my university and updated the SEVIS portal online as required to maintain F-1 status.

On Sept 25, an amended H-1B petition for this job in Ohio reached USCIS and the case is still pending as PP is no longer available. Since October 1, I am working in Ohio on H-1B status as my F-1 status ended.


Question:
Suppose my new H-1B petition for Ohio job gets denied:
1. Would I have accrued any unlawful presence from Oct. 1 till the time I get a decision on my pending case?
2. Would I have to leave the US immediately in such a scenario?
 
#6
Hello Sir,

Thank you for taking time and answering our questions, need small clarification regrading concurrent H1B, when filling the DS-160 i only have one option to add my full time H1B details, where as i have a part time H1b which i am not sure where to add the petition details, please clarify?

Appreciate your time!

Thanks
 
#7
Hello Rajiv,

Thanks a lot for your help on this service. I have few queries about my L1 case,

I'm in L1B Blanket from Sep 2016, my VISA empires on Aug 2019, however my i129 petition and i94 expires on May 2019, hence I have to extend or convert my visa, I will be promoted to managerial role by Dec 2018. Please suggest on the followings,

1. Shall I go for L1B extension ? - I'm working with same client and same (client) location, salary increased bit when compare to my current petition. Recently I'm hearing lot of rejection in L1B when they work at Client site
2. Shall I go for L1A? - I don't have direct reportees in US, however I have the team in India. I did not perform any managerial role outside of US yet
3. For safer side, I'm requesting my management to file H1B for next year - Will it have any impact with my current extension / conversion

Thanks
 
#8
Good Evening Rajiv,

My priority date is Jan 14th 2010 and my I-140 and I-485 got applied in 2010/2011 separately. I got my EAD in 2012 and after waiting for 6 months I changed my job. I kept my H1 active and during the change in job, I filed AC-21. Now I'm planning to change my job again using H1. Should I file AC-21 & 485J?

Thanks,
Sreedhar
 
#9
Good Evening Rajiv,

I have an approved I-140 under EB2 category from my Employer A (working as a contractor for Employer B)
My EB2 priority date: April 2013 & i94 expires 2021
Now! Employer B offers me a Full-time offer and they said they can start my H1 transfer, However, the Employer B is now telling me that they cannot file my GC under the EB2 category as the job description of my new job qualifies only for the EB3 category, but retain same EB2 priority date.

My manager convinced me that there will be job leveling next year, during that time they can port back from EB3 TO EB2

I'm very nervous about this situation and to take a decision.
  1. How much of a risk is this?
  2. Say, my Employer A did not revoke my i140, my EB2 date becomes current, what are the options?
  3. Overall can I join Employer B? or stay with Employer A?

Thanks,
Mahesh
 
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#10
Hi Rajiv,
My labor was approved in the month of may and filed for I 140 in EB2 with premium processing. Received an RFE for Employer eligibility to pay. My employer replied to at the end of september and i received the denial in the first week of october. and the reason for the denial when i asked my employer they claim its the eligibility to pay and also the USCIS complained that they found multiple I-140s filled on my case which is not true. My employer and attorney strongly believe that this should be a mistake and planning for an MTR. And my employer claims that attorney is going to fight this by escalating this with USCIS. And also re-apply but not in premium this time. I am still in my 4th year of my H1 status and i still have 2 more years of H1 which is already approved. i have below questions based on this.
I see three approaches here - MTR, AAO and reapply with same Labor(as my labor is still inside 6 months).
1. Can i proceed with MTR and reapply as well? Can they both be done at the same time?
2. As my attorney and employer strongly believe its a mistake from USCIS, how strong is my case? and is there something like escalation as my attorney claims? as per my research either you have to file an mtr or Appeal which will take indefinite time and no escalations, so is it worth waiting for it and stick to the same employer?
3. If at all i have an option to re-apply as well how are my chances of getting approval as the employer is always the same? and should i consider anything pro-actively in specific when i re-apply?
4. Considering the worst situation if both my MTR and Re-apply fails is there a point in starting the Labor process again with the same Employer? because there is nothing much changed when compared with my last I-140 filing which was denied. how much impact it would be on my future filings with the same employer?
5. Should i start looking for a better employer? will that be the best option i have? apart from MTR and Re-filing?


Thanks
Anvesh
 
#11
Hello Rajiv Sir,

I am in US on green Card(employment based). I am not a “special registrant”. I moved from place A to B to C to D. I stayed at each address more than 6 months. And filled address change from C to D directly and missed to file A to B in between. ( so missing address change link for USCIS)

My question is if I file for citizenship when I mention all my addresses will USCIS make note/ issues that I failed to file some address changes in between?


If I make sure that USCIS have my present residential address can USCIS deport me or penalize me for failing to file previous address changes?

How long I have to keep receipt (proof/ acknowledgement) of form previous AR 11 filings? Forever or only current address change receipt is fine?

How long USCIS keep record of persons history of filing AR11 change of address?
Thank you
 
#12
FAQ: Impact of extending B-1 B-2 stay
Hello Rajiv Sir,
I have my parents here in US on B2-visa. Their current I-94 is going to expire on Dec25th 2018. I need a recommendation here on how to approach this situation since their actual departure date is approaching. Can I extend their stay with I593 for 3 or 4 more months which is till end of march or apr 2018? How many days before I94 expiry do you suggest to file the extension?Do they need to leave before current I94 expiry if we don't receive any decision from USCIS or can they stay until decision is made? Will there be any consequences if they stay until decision is made and the application is denied? will it complicate things if they have plans to visit to US in future(I am sure indeed they have plans). Please provide appropriate guidance here.

Thank You
 
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#13
FAQ: Filing H-1B without an end client letter (supplied later)
No Client Letter for H1b Amendment

Hi Rajiv,
I am in us in h1b. My present project ended and I got a new project and my company is filing for a h1b amendment. However all the documents like contract, PO, SOW, Vendor letter are there. However there is no Client letter. Client at this point not providing a Client letter. However client will provide client letter 2 months down the line after joining the project.

If h1b amendment is filed without client letter is it ok? Or am I in trouble?

I am hearing after September 11 client letter is mandatory for filing h1b amendment.

Please advise

Thanks
Gokul
 
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#14
FAQ: NTA in employment based visa
Hello Sir,

I have I140 approved from Employer A. I had H1b from Employer A till July 2019. This is my 6th year of H1b which will end on Sept 2019. I got H1b transfered and moved to employer B on Oct 15. My extension is till 31st December. My new employer has started the process for extension. Since Premium Processing is on hold, I need to file for regular processing which will definitely take 3-4 months minimum. Below are my queries.

1) My wife has H4 till 31st December. I am thinking of sending my wife back to India before I94 expires which is 31st December as I think there is possibility of her getting NTA. Am I wrong? Can she stay with me until the decision of my extension? I am more worried about NTA.
2) If the decision is denial, I have to go back INDIA. Will my employer be able to file for me from INDIA. My new employer B is an indian company.
3) In case of extension denial, Can I go back to my old employer which is employer A if he has not revoked my old H1b which was good till July 2019.

Appreciate your input sir. If you can only give answer to 1st question, I am good.

Thank You,
Amin
 
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#15
Dear Rajiv ,

Thank you very much for spending your valuable time in addressing community questions.

I have a quick question -
My GC was filed EB2 category back in 2011, I had worked in the same firm in India for 7years before moved to US on H1b. since then i have been working for the same firm .. I was in technical lead position before I left India.

Due to current waiting - I was looking to file my GC in EB1C category.. before reaching my management, I would like to find out if it is possible to file a fresh GC after 7years of US experiece and if it is possilble will there be any issues filing a fresh GC application in EB1C when the EB2 is being processed?

Thanks for your help.

Best Regards
Anumolu
 
#16
Hello sir

APPlication of admission withdrawn 212(a)(7)(A)(i)(I)

my girlfriend and the time was denied entry by cbp at Detroit 2016. Prior to that she was 6 months pregnant got doctors signature allowing that she can travel and she was on a tourist visa.B1

Jus got married october 2018 we have a 1 year old daughter together
She has her USA passport and crba.

My things is I wanna file for a spouse visa, my only
concern is what happened to her in 2016 denied by cbp. is this affecting anything? Especially I want to get the cr1 visa so we can be together as a family.

On question 53-54 on the picuture attach
( this question is part of the cr-1 visa)

Ever in immigration proceeding?

I would put yes but on 54

Removal
Rescission
Exclusion/deportation
Other judicial proceedings

That citation 212(a)(7)(A)(i)(I)

It doesn’t it fall in any of those categories correct??



How do I go upon this matter??
What’s my move??
Talk to a lawyer ??

Please help
 

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#17
Hi Rajiv,

I appreciate your help in answering our immigration questions.

My H1-B status was recently updated on USCIS website as approved. However it's been over 3 weeks now and I haven't received a hard copy of I797 approval notice. Could you please suggest what are my options to get it as soon as possible?

Thank you in advance.
 
#18
Hello Mr.Rajiv Sir,

Thanks so much for the sharing of your knowledge on Legal Topics, to help the Community.


Questions :

1. Lived in the USA for more than 50 yrs. and entered on a Student Visa in 1968. Earned BS Industrial Engineering in 1973 from the USA.
Also, have BS In Math/ Physics from Bombay University in 1966 .. Currently Self Employed.

Currently, possess Valid Green Card, RE-issued in 2011, valid until July 2021. Have valid Soc Security Card. Valid Texas Drivers License.

With all the NEW proposals from the US IMMIGRATION rules that are being now implemented, OR are up for Vote, I was wondering if
Green Card Holders are at greater Risk of removal (more than US Citizens) , for even a minor problem from the past, or future,
especially when applying for Citizenship or Green Card renewal. Seems like they are targeting anybody not born in the USA?


2. In Dec 1976 there was a misdemeanor Possession of Maruahana.charge in Texas, which was given " Deferred Adjudication, with 2 yr Probation which was fulfilled successfully without a problem. I think it was a no-contest plea.

I checked on Truthfinder.com, (a Consumer Investigative Public Records Resource) and see it still shows up on the public record.

I hear it can be "Expunged" or better still "Vacated" through some legal proceeding? Is that possible? Is it a good thing to do?
How long does it take? Will it cause any unnecessary questions, to muddy up the waters?


is there a Comprehensive way of checking one's Complete Federal, State, and City Records and get to know what is out there on record?

FYI: Was recently issued an Airport Badge to enter our International Airport, ( IAH ) without needing to stop to get screened by TSA First.
I was doing a temporary job for the Airport at the time. I am sure the Application was cleared thru channels like FBI ?


3. If one is "behind," on Taxes, is thst a problem for obtaining Citizenship? Are "up-to-date Taxes" a strong Factor for Citizenship or future Green card renewal?



4. . I hear they are trying to reduce NEW Green Card issuance Quota from 1 million / yr. to 500k / yr.

Since I have a green card already, I will not be looked upon as a New Applicant to meet that Quota? Right?



5 . If one is getting " Extra Help " or " LIS " with Part D on a medication, in Medicare, is it advisable to ask to Purposefully terminate that benefit or will it raise a red flag by doing so? I believe it is a Medicare benefit from Social Security. I hear about the " Public Charge " rumor.

Is the Public Charge issue only for non-documented foreigners?



6 Is there any risk to travel internationally and be uncertain about smooth acceptance returning at the Airport?
I Hear Law abiding people being stopped and harassed sometimes, due to poorly-trained overzealous Airport Officers?



7. Seems like the US Constitutional Rights are out the Window, and you are" Guilty until proven Innocent."?
How is all this allowed to happen?




8. Had a short-term Oklahoma City Marriage in 1974. One day a few weeks into it, she just disappeared, never to be seen or heard from again. 44 years ago. ( Abandonment ) . No children, No Property.

Maybe she has passed away ... I would not know. I do not have any idea where she is. Dont even know her Soc Sec No.

Maybe she did an Annulment, or maybe a Divorce by Publication. No knowledge of any confirmation of either one. Any way to check?
Since then I claim I am Single or Unmarried.
I never remarried.

However, when I applied for US Immigration in 1988 ( Green Card Application ), I stated I was married.

All other Public and Personal contacts have no idea the marriage even took place. It is not on any Computer / Internet database either.
What should I do?




9 . I recently made Application for renewal of Indian Passport, where I stated I was Single, or Unmarried.
Same thing I stated in 1994 when I last applied for Passport renewal.


Not sure where I stand.
Maybe Separated? There was no " Separated " option. Should I tell them about this unique situation, ?


I do not want to get in trouble for this assumption. , although it has no direct bearing on qualifying for Passport Renewal.
Any Advice? I believe there is a way to do that?


If I file for Divorce here in Texas, and if she is finally located, could she claim 1/2 my Assets, or NOT due to Abandonment issue? How can I prove it?

I am confused. Please advise.




Thank you so much.

I really appreciate your guidance and greatly respect your knowledge & experience!



 
#19
Hello Rajiv Sir,
At present, my I140 is approved from some other consultant as future employer. My priority date is Dec. 2017. My Maxout date is July 2019.
1. My current company is planning to apply my new Green card. Is it advisable to port my approved I140 to my current companies application ?
2. Please advice if there is any way I can get Green card faster on humanitarian or other category under my situation, where My wife (Not US citizen)died in sept 2018 and I have 3 years of son who is US citizen. Please advice so I can take care as a single parent in US?
3. Due to my current situation, To take care of my Son and myself, My parents will have to visit USA on B1/B2 visa however what duration is advisable to remain outside USA before re-entering USA? Is it advisable to enter after 1 month gap to USA? If yes, what document to present to get complete 6 months stamping at Port of Entry?
Thanks and Regards
 
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