Recording Available, September 03, Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Aug 24, 2015.

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  1. monica1

    monica1 Administrator Staff Member

    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: [​IMG](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.

    Conference Dial-in: : [​IMG](202)800-8394
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE: September 17, 2015
    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.
    Last edited by a moderator: Sep 7, 2015
  2. RamShankar

    RamShankar New Member

    Dear Sir,

    I-94 expiry date for both H1 and H4: 08/10/15 with previous employer.
    New employer applied only H1 until: 09/02/15 -- this was done about an year back and was approved.

    Now, new employer extended H1 from 09/03/2015 to 10/31/2016. Along, with this H4 extension was also requested. This request was filed with USCIS before 08/10/2015.

    Both H1 and H4 were approved with the I797 (and I-94) dates from 09/03/2015 to 10/31/2016.

    Is H4 considered as out of status from 08/11 to 09/02?
    If yes, how can this be resolved?

    Thank you very much for you help and the community support you are doing.

  3. Vj_Mar82

    Vj_Mar82 New Member

  4. Vj_Mar82

    Vj_Mar82 New Member

    Hello Sir, How to find if your employer filed your PERM on EB2 or EB3? There is no section on I-797 or application form showing EB category.

    Thanks and Regards.
    Last edited: Aug 24, 2015
  5. Vj_Mar82

    Vj_Mar82 New Member

    1. Hello Sir, I have balca case pending from 2012 May.Is there a timeline as when 2012 balca cases will be heard and processessed?
    Thanks and Regards.
    Last edited: Aug 24, 2015
  6. Vj_Mar82

    Vj_Mar82 New Member

    hello Sir,
    My Employer doesn't provide my approved I140 notice copy nor the receipt number.How could I obtain the copy or receipt number? I have the beneficiary alien number.

    Thanks and Regards.
    Last edited: Aug 24, 2015
  7. BanyanTree

    BanyanTree New Member

    Dear Attorney Rajivji,
    I'm posting this question on behalf of a friend who is facing a particular situation on his H1b and may have to leave the country.
    His I-94 expires on 28-Mar-2016, and 6 year I-797 expires on 18-Mar-2016. His PERM is planned to be filed by end of September'15 and currently in advertisement stage.

    Is there any possibility that he can to work post 28-Mar-2016 based on the PERM that will be filed?

    Thank you
  8. parryputtar

    parryputtar New Member

    Dear Mr Khanna,

    My brother-in-law is a US Citizen who is living in India (Working for a US company). He wants to sponsor his Parents for a Green Card.

    1) Is it possible for him to sponsor his parents for Green Card while he is based/working outside of India?
    2) If he can not show sufficient finacial means, Can I show the financial means for support for his Parents? ( I am living in US, AOS pending)
    3) Would the parents (with preexisting medical conditions) be eligible to buy Insurance in US under the Obamacare mandate once they get the GC?

  9. Dear Mr Khanna,


    08/17/15 - Post Completion OPT expiry date.

    04/17/2015 - Receipt date of STEM OPT Application.

    07/10:2015 - Denied STEM OPT Application - Reason Applied 120 days Prior to my Post Completion OPT expiration.

    Reapplied STEM OPT Application, but during the application these were the problems I faced.

    When I requested my DSO for a new I 20, she said that my SEVIS record was completed. She said she was working on a data fix with the SEVIS helpdesk to make my record active again. She also explained that my record should be active since I have Post Completion OPT until 17 August 2015.

    She also explained me that when she called the SEVIS helpdesk, she was been told that even after the record is active, she won’t be able to printout a new I-20 with the OPT STEM recommendation because of the previous denial. She was also been told that go ahead and reapply, such that we should receive an RFE with a deadline which would help us to do an expedited data fix with the SEVIS helpdesk in order to able to print the new I-20 with the OPT STEM Extension recommendation.

    Now, if at all I receive a RFE from USCIS, I need to work with SEVIS people so that I can get a new I-20 with OPT STEM Extension Recommendations. So, I guess it will take some time for me to work with my school, USCIS and SEVIS.

    My driver’s license will expire on October 13th 2015. I need to travel nearly 14 miles every day in order to reach my office. If, at all I don’t have my STEM OPT application approved in time, I won’t be able to renew my driver’s license and the consequences of this will impact my existing Job. I still have enough time to act pro-actively so that my STEM OPT application will be approved.

    So, in this situation, I called USCIS and Expedited the case. Yesterday, it was denied due to no eligible criteria.

    Questions: 1. Does USCIS Strictly enforces 30 DAY RULE ON STEM OPT APPLICATION AS WELL. Reason for this question - (Google 30 days USCIS rule - First link from XXXX Law Firm )
    2. What can I do in this situation? This is a unique question. Please let me know your views.


    Last edited by a moderator: Sep 3, 2015
  10. immgnhelp2014

    immgnhelp2014 New Member

    Hi Rajiv Sir,

    I got my CR1 Visa Approved for 51/2 months.
    In urgency I already paid the $165 Immigrant fee few days back required for processing of Green Card.
    My CR1 Visa Expires on Jan 30th 2016

    I got married on 9th November 2013 & my Second Marriage Anniversary is on 9th November 2015 . The Questions I have for You now is:
    1) Can I enter on or after 9th November 2015 so that I can get my Visa Category changed to IR1 from CR1 ..
    as the below link show that it is possible


    2) Does Changing Category has to do with I-130 Approval
    My I-130 Priority date is Jan 3rd 2014 & Approval Date Jan 5th 2014.

    3) Does the Immigrant Fee of $165 gets triggered after payment of fees(I mean as I already Paid the fee will the Green card directly arrive at the address I provided

    in 30-45 days) or does the processing of green card start after I enter the country inspected by Immigration & Customs & Border Patrol(CBP).

    4) Incase Iam granted IR1 by CBP at the POE , and I still receive the 2 Year Green Card instead of 10 Year Green Card
    I believe I can open a Infopass Request with or without the help of an Attorney or file an I-90 by USCIS as provided in the below link.

    or I believe I can get it corrected by filing an I-90

    Will filing an I-90 be better or opening a Infopass Request be better

    5) Since I already stayed in USA from 2005 till 2011 (Initially on F1 & then on H1B) I already Have A Social Security No(SSN).
    I opted for replacement card while filing DS260 , if they send the Social Security card after 6-8 weeks of me entering
    Will i be given a new SSN or will it be just replacement card ?

    6) Can I start working , open a Bank Account , get a Driving License immediately with the entry stamp(or the visa) on the Passport or do I have to wait for the Green Card

    7) At the End May I know what do you suggest me to do , come before 9th November 2015 & go with CR1
    or Give a Try for IR1 by Coming after 9th November 2015


    Last edited by a moderator: Sep 3, 2015
  11. flower girl

    flower girl New Member

    Hi Rajiv,

    I’m applying for a health insurance for my new immigrant father under Obama care. If I just put his individual income in the application he will be eligible for government subsidies for monthly premiums. However, if I put our household income he will not be eligible for subsidies. He will be filing taxes on his own even though he lives with us. Is this a violation of my obligations under I864? I asked this question before, but could not mention about the subsidies and would like to know whether receiving subsidies from the government for health insurance premiums would make me liable as his sponsor.

    Thank you very much
  12. Neil1018

    Neil1018 New Member

    Hi Rajiv Sir,

    I am on my 2nd H1B extension (valid till 7-1-18) after first one was approved for 2 yrs. I have started my GC process and have filed the PERM. Once PERM is approved, can I file I-140 & I-485 concurrently? I want to use my wife’s country of birth (Panama ), who is under DACA status now. Can I file using cross charge-ability using her country of birth which is current right now?

    Thank You,
  13. Vittorio

    Vittorio New Member

    Dear Rajiv,
    I am an italian citizen and I am currently under a H4 visa in the US. I have an interesting business opportunity and I would like to apply for an E1 Visa.
    In the last few months I have secured (with my Spanish partner) an exclusivity contract with a Spanish private school in order to organize, in the US, a series of 12 workshops for about 1000 students every year (1 course/ month - 100 students/month - $200/student).
    Programs, professors and lectures will mostly come from Spain and Italy. In order to attend the workshop students will apply and pay their fees ONLINE to the New Company (50% equally owned by me and my partner). My questions are:

    -Could these services offered by this New Company considered "substantial trade"?
    -Does the New Company get the nationality of the owners (in this case 50% Italian and 50% Spanish) or it gets the nationality of the country where is incorporated?
    -Could we form the new company directly in the US?
    -When could we start to organize and get students to pay for the first course?

    Thank you so much for your advice and for your service to this community. This blog is a true bless.
  14. MYNA2007

    MYNA2007 New Member

    Hi Rajiv Ji
    I have I 797 until 2017 based on client A.
    I moved to client B Minnesota to Massachusetts.My employer didn't file amendment for the year 2014-2015 for client b.He filed only LCA.
    Now they are going to file LCA and amendment for client C which is again new location
    Will there be a problem in future due to the fact my employer didn't file amendment for a year in the past?
  15. Vj_Mar82

    Vj_Mar82 New Member

    Dear Sir,
    I have an approved 140 with my h1 visa expired this July. My h1 extension got approved and my wife got her EAD based on h1 validity. Could my wife travel to India and come back to US without going to Indian consulate for stamping. Also does she have to apply for Interview waiver program in India? Thanks for your advise.

    Thanks and Regards
  16. Amit Garg

    Amit Garg New Member

    I got my first and only H1B stamped in Apr 2008, which expired on 2011. And I did not make any travel on that visa.
    Now I am reconsidering my options, and a friend told me that your employer (old/new) can file your visa under non cap.
    But none of the employers are sure of my case and are hesitating to take up my case.
    Am I cap exempt now?

    I really appreciate your community service contribution. Its really hazy information, in this field, all around..
  17. Jhu

    Jhu New Member

    Mr. Khanna, my H1-B was recently extended for 8th year based on pending BALCA appeal and my question is if the BALCA's decision is not in my favor then will my H1-B will be revoked as it was approved based on pending PERM? or my H1 status will be valid till the H1 validity date?

    If my company files new PERM in different position, will we have to withdraw our BALCA appeal? or can we continue it simultaneously with 2nd PERM process?

    And, I am planning to travel to India in October and will have to get my visa stamped. Will it be a problem as at that time I will only have H1-B validity of 9 months and pending BALCA appeal?

    Thanks and Regards,
    Last edited: Sep 1, 2015
  18. Wasaikarp

    Wasaikarp New Member

    Dear Sir,

    I have an approved H1B and I1797 from company 'A'. I recently started working for company 'B' on H1b reciept. Company 'A' has not yet revoked my approved H1B.
    I now have an offer from company 'C' which is very good and I would like to join company 'C'

    Can company 'C' file for H1B transfer now? or do I need to wait for transfer from company 'B' to be approved?
    Is there any risk in having H1B transferes filed by multiple companies in such short duration?

  19. Chethana

    Chethana New Member

    Dear Mr. Khanna,

    First of all, thank you very much for providing this free conference call for us to ask questions. Deeply appreciated.

    Topic: Filing for US Citizenship - Q regarding continuous residency

    My husband & I have been GC holders since July 2010. From eligibility standpoint, we meet the 5 year wait requirement. During this 5 year period, we had been out of the country:
    1. Feb 20 2011 - Oct 08 2011: ~ 7.5 months
    2. Oct.05.2012 - Nov.02.2012: 1 month
    3. Jan.24.2012 - Feb.23.2012: 1 month (husband only)

    Note 1: My husband and I are self-employed.
    Note 2: During the absences, we continued to rent the same apartment that we lived in from 2006 to 2014 in NJ. We can provide lease agreements.

    The 1st trip became a longer one than anticipated, due to my mother-in-law's cancer diagnosis & urgent treatment since it was a very aggressive form of cancer (We had not filed any forms of extension of stay as we are not aware of any). She passed away in Jan 2012. Would this longer than 6 mo absence pose a problem for the citizenship filing? If yes, please advise on all documentation/proofs required to fully satisfy USCIS.

    Question 2: What are the current processing times to obtain a Citizenship after filing the application form?

    Thank you very much for your time.
    Last edited: Sep 1, 2015
  20. sg22

    sg22 Registered Users (C)

    Hi Rajiv Ji,
    Couple of questions.

    Currently on H1-B with approved I-140 with more than 9 yrs in this country. Priority date is Dec 2010 in EB2 category
    Wife is on H4, but just got her H4-EAD with new rule

    • Any news progress we are hearing on that "Executive Order/New Rule" to grant EAD( 485 filing ) --to people with approved I-140. There was lot of talk around that few months / probably a year back.
    • Secondly, if I change employer now, and if my current employer revokes I-140, because I have been in USA, more than 6 yrs .. would my wife be still eligible for H4-EAD with my new H1-B with new employer even if I-140 from old employer is revoked. Basically I wish that wife could still work, even if I wish to change employer. ( I know if EAD for approved I-140 is not cleared, then PERM would have to be re-filed )
    • Any predictions on date movement in EB2. Its extremely frustrating that the dates have not been advancing from last 3 years or so.
    • Is there any way H1-B candidate can file in EB1 category because that's the only category which seems to be current for Indians.
    Any insight/information --really appreciate it Sir

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