Recording Available, October 31, 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: 14 November 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
Subject: H4 to F1 status change, and H4-holder is already in U.S.

There are 2 ways to get F1 from H4: 1st is thru COS by staying in US and 2nd is getting F1 stamp which is better than 1st option.

Background: Graduate certificate program (1 year) which provides 1 year of regular OPT but if you want to continue to master program you can complete masters and get STEM OPT as well. So overall we can start as certificate program and end up getting M.S degree in 2 years.

Questions:
1) Is there any risk of getting F1 accepatance for Graduate certificate program, the I-20 will be provide for this program from the university?
2) What are the chance to getting acceptance and what if F1 gets rejected? Is there any negative impact on H4 acceptance since stamping is required for that as well for re-entry in case F1 gets rejected?

Both questions are inter-related, please provide your expert advice!

Thanks,
Hardik
 
#3
Hi Rajiv,

You answered my question 3 weeks ago, thank you very much!
In my EB1a filling, the petitioner is my employer, not myself (employer-sponsored EB1a, NOT self-petitioned EB1a).

I have heard are some conflicting views on whether employer-sponsored EB1a’s beneficiary can change job after EB1a 140 Approval and I485 be pending for 180 days (my I485 has been pending for more than 180 days). My new job is a co-founder of a new startup company, in the same area of expertise that I file my EB1a for.

Some say I can't switch jobs because my EB1a is employer-sponsored, and the best option might be file another EB1a I-140 as a self-petitioner. Would you recommend this route?
Some online article says I can switch job right now, and don't even need to file I-485 supplementJ.

My questions:
1) My current employer sponsored my EB1a case, I140 approved, I485 submitted, EAD-AP card received, finished green-card interview, now waiting for visa category to be current. Can I quit this job right now to start my own company?
2) If the answer to the question above is “Yes”, then do I need to file anything to USCIS, such as I-485 supplementJ?
3) How and when do I prove that my new job is in the same area of expertise that I file my EB1a for?
 
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#4
Sir,
I am on L1A and have EAD and AP with I-485 pending > 180 days.
1. To use portability under 221(g) to switch to another similar job, do I need to await I-485J with approval notice/receipt notice or do I only need to file I-485J?
2. Is there any negative impact on GC timelines due to address change to another state ?
 
#5
Hello Sir,

I got married in April 2019 in India and my wife and I came to the US on Sep 29th, 2019. I am on H1B from Mar 2018 and my I-140 was approved prior to my marriage in Nov 2018.
Can we apply for my wife’s H4 EAD now or should we wait for 90 days from the date of port of entry to file the H4 EAD.

Thank you so much for your help!
 
#6
Hello,
I am currently in process for my naturalization. I was scheduled a week ago, but it got cancel without any notice. I showed up for my interview as scheduled because I had a letter. I entered inside the building and presented my letter to the immigration office, he or she told me that my interview has been rescheduled, I was surprised that I did not receive a notice. They also mentioned that I will receive a new appointment in my mail. I went back home, and wrote a message to them. I got a response yesterday saying that the apology for any inconvenient that may have caused. Then they added "Please note that extended trips outside the United States may prevent you from naturalizing. For more information on the continuous residence required for naturalization, click here" I know for sure I had been outside US for then 6 months one of of my trips. Since I returned in June 2013, I have not been outside US, and I have been in the US continuously for 6 years. The question they asked on the form was Have you traveled outside the US the last 5 years?, and I said no. Even though I have traveled outside the US. Should I be worried? Any advise will be much appreciated.
 
#7
Hello Sir,

I am on H1B visa with approved I-140 under EB2 category. I was in US for the last 4.5 years and came back to India last month. My current visa is valid until August 2020. I am planning to return to US in January 2020

I have the following questions

1) Can my employer upgrade my GC process to EB1 category or are there any restrictions since I am on H1B
2)In case I want to delay my return to US beyond Aug 2020 (my current H1 validity) and my visa expires, will I have to go through the quota and lottery process or will it go through exempt category since I have I-140 approved and 1.5 years left in my original 6 years quota. Is there a defined time limit within which I need to come back to USA
 
#8
Hi Rajiv Sir ,

I have applied Family Based I 485 ,I 765 & I 131 in Feb 2019 . Till now I have not get any update .When we called USCIS and asked them if we can
expediate due to Fanancial Hardship ,USCIS level 2 officer said your relatives are there to help with the Finance .

My question is :

[1] Can we expediate EAD request on Financial Hardship and does it have negative effect ?
[2] When can we take help of "Citizenship and Immigration Services Ombudsman" services ?
[3] Can I file H1B again ,if H1B has been denied during my 240 days period ?


Thanks
Nisarg
 
#9
Hi Rajivji

I am on h1 and my wife is on h4. She is also working on H4 EAD.

My h1 is expiring in July 2020 and my wife’s h4 ead is expiring in Mar 2020. We have already filled for h4 ead to get an extension till July 2020.

My employer will also file h1/h4/h4 ead sometimes in jan/feb 2020.

Below are my two doubts. Hope you would be able to answer,

1. looking at current scenario I am not sure if we will het h4 ead on time and my wife will have to stop working. Is there any option that you suggest to speed up?
2. Some of the attorneys are suggesting filing lawsuits with USCIS. What is your point of view on that? Will there be any issue in future on our stay in US?

Thanks
 
#10
Hello Rajiv ji,
Need your advice on this. Can we have mutiple H4 processing in parallel for dependent along with Primary dependent H1 Visa.
scenario : (1)I am on H1b with EB2- I140 approved since last 7+ yrs. now I got a job offer from employer B and processed H1 Transfer to employer B.They also filed H4 transfer of my spouse at the same time ( though yet to get biometric appointment ). Now I am may not join employer B as current employer A might try to keep me with additional benefits. My current employer( A) H1 petition expires in Mid March 2020. In that case, I will have to file H1extension through my current employer A within Nov/Dec 2019 along with H4 extension and H4 EAD. Will there be any issue for my spouse H4 extension since already there might be H4 transfer progress or completed through employer B.
Is there any issue to multiple H4 petition processing corresponding to main applicants's H1B? Please advise on this.

( 2) Second question : where do you see S386 bill for Per country to be passed in senate before this year as it got blocked again by a senator? Incase this passes, what would be your take in terms of EB2 Priority date movement for India within next few months? Will you advise to change job at this point with approved I-140 date of March 2011 ( EB2 ) as new employer will have to file again Perm processing etc which can take another 1 year? Please advice on this situation as passing of S386 looks very likely possibility by Nov/Dec this year. Thank You.
 
#11
Hi Rajiv,

Do you have any idea how long DNA testing can take? I am looking to find out more information as to why our DNA hasn't been submitted for testing at the center where my son and I had our swabbing done. Our case started in 2014, and on June 26th, 2019, my husband submitted his DNA at the embassy. We have yet to receive any results. So, I contacted AABB at the location where my son and I had our testing done, they informed me that they have yet to receive our DNA back for testing to begin. We have both tried to contact the embassy for information on this matter and we have yet to receive a clear answer as to what is going on. Can anyone give us some feedback or more information on what to expect or do next? Please help! We have been married for 6 years but together for 10 years, and we have a son who just turned 5 in September. What could possibly be the delay? We have been in the Administrative Process since his interview on January 17, 2019. Please help! Thank you!
 
#12
Dear Rajiv,

H1B Transfer:

Employer A visa valid until Aug 2020 (I94 validity - Sep 2020). Not sure if visa is revoked. Resigned from Employer A.
Employer B - H1B Transfer is in progress - Currently working here based on receipt notice.
Employer C - Can Employer C file the transfer while Employer's B H1B transfer petition is in progress ?

Many companies don't want to offer as they would have to use the petition of Employer A and pay stubs of Employer B while filing.

They ask the question like is my Employer A's petition is revoked or still valid which I don't know. Can you please let me know what are the options do I have ?

Do I need to make Employer B's visa to premium so that I can have the result quickly ?
Or
Is it possible for Employer C to file while Employer B's transfer is in progress ?
Or
What if Employer B's petition is denied after making it to premium. (I'm not expecting denial as we have submitted all the documents required but just incase).
 
#13
Hi Rajiv,
Here is my situation: Company A filed for my future employment based green card(got PERM, i-140, EAD and advanced parole). My I-140 from company A is approved in EB2 category. I downgraded this to EB3 and performed concurrent filing. Fortunately, I got EAD and advanced parole - but I am still waiting for EB3 I-140 approval. I am actually working for company B on H1B. I never worked for company A. Now I wanted to go to India, I do not have visa stamping. I do not have EB3 I-140 approval from company A. Now, can I come back using advanced parole with out visa stamping? If so what will be my status? will I automatically move to EAD for company A if I use advance parole? Will I still be on H1b with company B? how does this work? please advice.
 

mkb3

Registered Users (C)
#14
Hi Rajiv,

Currently, I am working on H1B visa for consulting company A from last 9 years and my green card Priority date is Nov 2012 in EB2 category. I 140 was approved in 2013. Now, I am planning to take a full time job. Is it a good idea to take the full time job opportunity in the current situation.
1. What will be the impact on H1B extensions in case my previous employer withdraws I 140 and new employer doesn't start GC process? Am I still eligible to take H1 extensions based on my approved I 140 with previous employer?
2. My wife is on H4-EAD. What will be the impact on her EAD in above situation? Can she also get H4-EAD extensions even employer withdraws I 140?
3. In case of layoff, How much maximum time is allowed to find another Job? Is there any grace period on H1B?
4. New employer is giving me verbal commitment about GC filing after 1 year. Is verbal commitment sufficient enough? Should I ask them to provide something in written?

Thank you
 
#15
Sir,
I am on L1A and have EAD and AP with I-485 pending > 180 days.
1. To use portability under 221(g) to switch to another similar job, do I need to await I-485J with approval notice/receipt notice or do I only need to file I-485J?
2. Is there any negative impact on GC timelines due to address change to another state ?
3. if I quit or lose my job before I-140 approval (pending for 11 months now) is there a problem ?
4. If I move to another city however my family continues to stay in same location what is the best way to manage change of address for 485?
 
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