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Recording Available, September 08, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Aug 25, 2016.

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    DEEPAMENON Team Member, Immigration.Com 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 22, 2016
    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: Sep 9, 2016
  2. IN2US15

    IN2US15 Member

    How much time can it take to get interviewed, if request for expediting the Asylum interview has been approved? The case is in Arlington, Va office.
  3. Sudhanshu Singh

    Sudhanshu Singh New Member

    My query is that whether my name which was sponsored by an IT company and come under quota (in 2008) could still be considered to remain as 'VALID' and 'UNUTILISED' under the year 2008 quota (and initial period 2008-2011). As no stamping of H1B took place in 2008, then can this be UTILIZED by any new employer/sponsor (under the 2008 quota) but with the validity starting from the date of stamping (e.g. 2016) and till subsequent years (as applicable). Can we say that this would be a case of stamping based upon PREVIOUS quota/approval and any new sponsor would NOT require to file a fresh H1B petition. So, only some MODIFICATION of the 2008 petition documents would required to be made by any new employer/sponsor.

    If not as above, then does it mean that a FRESH application would need to be made by any new sponsor and has to go through the SAME process again . Would this mean that my name may or may not come under the current year quota as and when details are out. This would mean that my qualification while there under 2008 quota is currently not applicable.

    So, how would my status be reflected in the database (2008-present) and is there any linkage to future visa related requirements?

    What information status could be available based upon my WAC number and whether/how it could contribute to future visa requirements (say H1B)?

    Could you guide on possible options and way forward.

    Last edited by a moderator: Sep 8, 2016
  4. Phoenix-IT

    Phoenix-IT New Member

    Dear Mr. Rajeev,

    I joined Company A in 2004 during the 4th year of my H1-B.
    In 2005, Company A filed Labor under Software Engineer , Applications with prevailing wage of $70K and priority date of July 19th 2005
    I-140 approved the same year - EB3 India
    Pending I-485 filed on Aug 18th 2007
    Since 2004, I have been promoted several times (natural progression) and currently an Enterprise Software Architect earning more than twice the original prevailing wage
    As you are aware, EB3 India priority date stands at Feb 15th 2005 as of September 2016 visa bulletin.
    Will there be any issues if I want to do H1-B transfer using AC-21 to Company B doing a similar job (Enterprise Architect) but considerably higher wages than my current salary?

    Company B is willing to do the H1-B transfer and notify USCIS regarding AC-21 portability.
    Are there any other procedures need to be followed to maintain my current AOS status?

    I would really appreciate your guidance in this matter.

    Last edited by a moderator: Sep 8, 2016
  5. Ramyatheja

    Ramyatheja New Member

    Hi Rajiv,

    I came to US in 2013, applied for h1b in cap. It got approved and worked for 2 months from Oct 2014. Later moved to h4 and then to India. In the meanwhile, my employer revoked my h1b on 22 June 2015. I came to US on H4 visa in the month of March 2016. Now planning to apply H1b. Does my new H1b is cap exempt or not?
    My attorney is saying below:
    "Unfortunately, the H-1B was withdrawn by the employer on 6/22/2015.

    If the H-1B is withdrawn any time before 10/1/2015 (during first fiscal year for which it was approved, then the visa number goes back to the visa pool, and she is subject to the cap once again.

    Here, the H-1B was filed on 4/22/2014 with a start date of 10/1/2014 which ends 10/1/2015. Here it was withdrawn on 6/22/2015."

    Please suggest.
  6. krish176

    krish176 New Member

    Hi Rajiv Sir - Appreciate your kind help for the community. I have the below questions.
    I have pending 485 with a company (A) since 2011 (Labor PD 2009, I-140 approved in 2010)
    Thinking to consider change of employment with company B (Employer A will not revoke I-140).
    (i) Job title with current employer (A) is 'Programmer Analyst' (SOC : 15-1051), offered new job (B) title is 'Lead System Analyst'.
    Though actual job duties are pretty much same, key words/technical terms in the new job offer are not complete match (I can say 50-60% match).
    For AC-21, New company(B) will give EVL as per their standard format and may not customize to match the key words that are in my current labor. Will it be an issue? Am I taking any risk here?
    (ii) Salary mentioned in my labor (A) was 70k/year, salary with new employer(B) is 105k+benefits(20k) , which is roughly 125k which is like 78%
    increase compared to salary in my labor in like 6-7 years of time. Is this normal or is it a cause of concern ?
    (iii) If I change to new comp(B), and then if old employer (A) get 'Ability to pay' RFE, will it be applied to new employer (B)?
    In that case what happens if old employer revoke I-140 or does not respond to RFE?
    (iv) New company(B) will do h1b transfer based on my approved I140 with comp A. If by any chance current I140 (comp A) get denied by USCIS for fraud or some thing, will it be having any impact on my H1b approval with new comp(B)?

    Very much appreciate your guidance on this.
    Last edited: Aug 29, 2016
  7. Deepa pATEL

    Deepa pATEL New Member

    Hello Rajiv Sir,
    I earned the master degree (MBA in IT) from the US in 2009 then I was on H1b in 2009 for 3 months but it didn't go well because my employer got out of business. I worked on OPT of Trivalley for around 8 months. In between I filed H1b again in 2011 and it was approved but I asked to go to home country for the stamping and it got delayed. After 1 year, it got reaffirmed but I don't want to come back.
    One of my Client offered direct employment and filed H1b and I am in the US since 2 months.

    I would like to know following information regarding green card filing,
    1. Am I eligible to initiate the Green card filing process through my employer?
    2. How much is the cost involved in this process? I think there are 3 stages to go through so if you can give an idea of the cost of each stage? (There are 2 dependents, Husband and a daughter (2 Years old).
    3. What will be the attorney (your) fee? Not sure if it is stage wise or installments so please describe.
    4. What is the timeline of each stage completion?
    5. Will there be any problems because of Trivalley?

    Thank You.
  8. WenAtl

    WenAtl New Member

    Should I seek legal action at this time?

    N-400 Priority date 4/19/2014
    Interviewed and passed test on 3/02/2016
    Atlanta Field Office

    Still wait for notice and was told to wait for another 3 months after calling the 800 number.

    Thanks a lot!
    Last edited by a moderator: Sep 8, 2016
  9. san1236

    san1236 New Member

    Currently I am in India. My petition was approved for 1yr i.e. on 8-Dec-15 and valid till 7-Dec-16. And H1 visa was stamped on 1-Mar-16, but never used/traveled on it, and it is also expiring on 7-Dec-16. Now I need to travel on different project in the same company, so I need to apply for amendment.

    1) Because my H1 Visa is valid only for 90+ days, should my company apply for H1 extension along with amendment? Or only amendment is enough to travel? Then later after arriving in US, can I apply for extension before expiry date?

    2) If we apply for amendment+extension together, then should I have to wait till USCIS approves and get Visa re-stamped, then only travel to US?
    OR Can I travel on Acknowledgement/Receipt number of amendment+extension filing, which we may receive in a week time.

    Thanks in advance.
  10. gkagrawal

    gkagrawal New Member

    Hi Rajiv,
    My Green card has been approved and I received the card in mail.
    My company position is not promising as it has lost the big contract on which I was working. Now company might ask us to go anytime.

    Can I change the company with in 6 months of the Green card approval. moreover what are the repercussions if I do so.
    Suppose in the worst case during Naturalization if my Green card is revoked for leaving company early, will it impact the green card of my daughter who got the green card as my dependent.

    Your early reply will be appreciated.

    Gyanendra Agrawal
  11. Jerrica

    Jerrica New Member

    Hi Rajiv,
    I was picked in the H1B lottery this year and got an RFE. I'm still collecting the documents to respond to it (the response deadline is 11th October). I have another offer now from a better company and the new employer's attorneys say that they cannot transfer the H1B visa to the new employer till it is approved. Is this correct? They sounded unsure when they told me this.

    Whenever my H1B gets approved, can I transfer it to the new employer immediately (assuming that the old employer doesn't revoke it)? Or do a certain number of payrolls need to be run before the H1B can be transferred?

    Also can my current employer premium my application before we respond to the RFE or can it be premiumed only after we send across the documents in response to the RFE?

    Thank you and regards.
  12. Parul.sethi

    Parul.sethi New Member

    Hi Rajiv

    I am a us citizen living in Fairfax. My mother came here in first week of june 2016 on tourist visa alone for the first time and is living with me since then. On port of entry the visa officer granted her stay for upto 6 months. I want to know if she is qualified for adjustment of status. What is the best option for her to get greencard? Is it better and safer if I sponsor my mother for I-130 while she is still living here and then she go back to India around November 2016 to prepare and wait for her visa interview in Delhi consulate around june 2017.
    Note: my mother has been denied for the tourist visa for the first time and then on second attempt she was granted visa but my father was denied both times for tourist visa.

    Last edited by a moderator: Sep 8, 2016
  13. Indian83

    Indian83 New Member

    I am a Permanent Resident since 09/15/2015 (port of entry date under Category : IR 1). In December 2015 I had applied for a Reentry Permit document to work in Canada until 08/31/2016. I left the US to go to Canada on 02/05/2016 while my reentry permit was still processing but returned back to the US on 03/19/2016. Subsequently I received my reentry permit in March 2016, and travelled back and forth from Canada several times using this document. On 08/18/2016, I returned back to the US, and now have a job in the US.
    My questions :
    1. Is it advisable to surrender my reentry permit to the USCIS, since I don't plan to use it in the future? If so, what is the process for surrendering the document?
    2. Since becoming a lawful permanent resident of the US, I have never stayed outside the US for more than 6 months. For naturalization purposes, does the 3 year residency period begin on the date of first entry/ admission to the US as an LPR (viz. 09/15/ 2015) ?
  14. Shane230

    Shane230 New Member

    Dear Mr. Rajeev,

    I joined Company B in 2013 in India and before to that I had worked in the US with L1B Visa for 3 years in company A.

    Company B filled my Labour certification and I-140 through Consular processing while I was in India and it got approved with PD:Oct 2013

    As per company B policy, they will not share the I140 approval but they did not revoke it.Current status is "Case Was Sent To The Department of State".

    I quit my company B on Jan 2016 and traveled to the US on my H4 Visa. I applied my H1B through the consultant , as per them still it's not approved and case number not shared.

    I have some conflict with my consultant not sure I can get my H1b approval from them.

    Can I file FOIA (Freedom of Information Act) to obtain the copy of my both I-140 and H1B approvals?

    I would really appreciate your guidance in this matter.

  15. aks341

    aks341 Registered Users (C)

    Dear Rajiv,

    I am India born Indian citizen. My green card is applied in EB2 category.

    My fiancée is Nepal born Indian citizen. My fiancée has no proof of her birth in Nepal.

    In order to get the benefit of cross-chargeability under Nepal quota using my fiancee’s ( my then wife, after marriage) birthplace in Nepal, we are trying to get the following things done.

    1) Make her Indian passport, with country of birth as Nepal.

    2) Get a “certificate of no record of birth” from the municipality in the town she was born in Nepal.

    3) Get two affidavits from her relatives who were present at the time of her birth and certify this.

    If I get the above three ( everything done as per rules and regulations in India and Nepal),

    What are the possible risks to me or my fiancee if USCIS does not accept any of the above documents ( most likely the document number 2 and 3) - below are the risks that came in my mind. Please share any risks you think we should be aware of.

    1 ) Denial of green card application of my fiancée only

    2 ) Denial of green card application of both me and my fiancée

    3 ) USCIS claiming that either of the documents 2 or 3 is fraudulent and therefore denying our green card application and deporting me or my fiancée.

    What is the worst case scenario, if USCIS refuses to accept documents 2 and 3 of my fiancée regarding our green card application.

    Thanks a lot for your advice.
  16. KB_VA

    KB_VA New Member

    Dear Rajiv,

    I am a naturalized US Citizen looking at filing a Green card for my parents who are currently in the US on visitor(B2) visa. My questions are:
    1. Is there any option for premium processing for applying for Green card for parents?

    2.Can I file Green card (I-130) and Adjustment of status (I-485) simultaneously for them even if they are here on B2 visa?
    i) If so, how long does it generally take for requests for finger printing, request for immunization and Interview (if needed) to come in respectively?
    ii) What is the approx time for the I-130/I-485 to be approved?
    iii) How long does it take for the Advance Parole (I-131) document to be received once I apply for I-130/I-485 together so they can travel to India if needed? If they have to travel to India before the advance parole document comes through, can they come back on B2 visa without affecting their application?
    iv) Can they legally apply for SSN based on I-130 and I-485 being filed so they need to wait for approval?
    v) Can they legally get Insurance based on the pending application?

    3.If they instead go back to India and I only file for I-130 right now, approx how long is the entire consular processing taking these days?

    4.For documentation,
    i) Are birth certificates of parents required? If yes, they don't have birth certificates, are too old for the certificates to be actually available and there are no elder relatives still alive to give an affidavit, what options do I have to get affidavits done either in the US or in India?
    ii) For my father, he doesn't have a marriage certificate. What options do I have to get an affidavit done either in the US or in India?

    Thanks for your advice!
  17. AbhishekVerma

    AbhishekVerma New Member

    Good Morning Rajiv Sir,
    Below is my situation
    1) I was in a job with a banking firm in New York. They did not successfully do my green card (they hadn't even started phase 1).
    2) I had to leave the country, on Nov 25th 2013, as my 6 years on H1 had run out (including recapturing of holidays of time spent outside USA).
    3) As per the rules I knew, I was eligible to come back on a new H1, 365 days from the year of leaving the country.
    4) However, by June 14th of 2014, I was back in the US on a F1 student visa.

    Below are my 2 questions
    1) Can I apply for new H1b visa?
    there have been some people who said that even though I hadn't spent 365 days outside the country, I am in the USA but I'm here on F1 (for past 2 years), so it's fine per the law, to apply for H1.

    2) Unrelated the above scenario - my Indian passport just got renewed in August 2016. My valid US F1 visa is in the old passport, and the Indian consulate has stamped - "valid visa in old passport" in the pages of my old passport.
    Is that acceptable to travel outside of USA, using both old and new passports, and I won't have any trouble in re-entering USA ?

    Thank you very much sir!
    - Abhishek
  18. Mira99

    Mira99 Member

    Can we file H1-B extension before 6 months of expiration ?

    My H1-B second extension is going to expire around 28th April 2017 and I have approve I-140,

    I requested my company to file my H1-B extension now because extension is taking so much time but my company immigration department is telling me that before 6th months they can't file my H1-B extension ? they wants to file my extension from 28th Oct 2016.

    Can we file H1-B extension before 6 months of expiration ?
  19. naty_bye

    naty_bye New Member

    Hi Rajiv Sir,
    Thanks for organizing these calls.

    I am currently on L1A visa with a Foreign Subsidiary of a US company. To transfer me to Parent US company they filed for L1A Amendment.

    My query is, once L1A amendment is approved, can I still work with Foreign subsidiary till end of the year (around 4 months from now) before starting my employment with Parent US Company from 1st Jan.
    Last edited by a moderator: Sep 8, 2016
  20. Ktl

    Ktl New Member

    Respected Rajivji,
    Here is my question.....
    "Background - I have moved from Company A to a small private owned company B who hired me as an Operations Manager to help him start a Manufacturing plant. My H1-B transfer process was started last year October, 2015. It went through an RFE process and finally in July of 2016 got denied. Also in the process on April 15th, 2016 my H1-B of company A had expired. We not did appeal the H1-B denial, instead started fresh and reapplied through the same company B with the help of a different lawyer as a different job profile and that got approved. As my I-797 has expired, I have been informed that before I can officially start working again and receive a paycheck, I have to go back to India and get the new H1-B stamped. Now Company B is not doing too well financially as its a new start-up and may have to downsize. I fear my job so I have started looking and there are some options that may be available soon.
    My Question - After I get my H1-B stamp on the passport, is there a certain amount of time I have to wait in company B before I can start an H1-B transfer with a potential company C? "

    Thank you very much for your advice.
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