Recording Available, September 13, 2018 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: October 11, 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
Question on AC21 and its details.

I am a EB1C candidate from India with the below timelines

Priotity Date : Nov 2017
EB1C : Filed Concurrently
i-140 approved - August 2018
i - 485 pending for 300 days.
EB1C - retrogressed for India, hold valid EAD.
I am currently awaiting interview scheduling. I do not have a valid visa since my L1A was not renewed and am in AOS pending state.

My question is

1. If I wish to change my job can I under AC21 ? I am aware of the "similar job description" clause and its vagueness, however, given my skill set the job will be identical ( to be on the safe side I have filed under FOIA for a copy of my i-140)

2. The AC21 details that i485 should be pending for 180 days, which I qualify upon, however, there is not much detail on i-140 approval timelines. Am I ok to presume, I can change my job under AC21 ?

3. If my original employer pulls out the i140 after I resign, will it affect me (assuming not withdrawing for fraud, incorrect info etc.) ? Will my new employer have to port the i-140 ? Is there a timeline that i-140 needs to be approved for 6 months before it reaches a quasi-permanent state?

4. My new employer will need to file only supplement J during the interview or do they need to refile other documentation?
 
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#3
Hello Rajiv
I really APPRECIATE for your service!!
Please let me know of my concern about Family based Green Card.
My wife is GC holder and I’m on H-1B, we got married in India on Sep 2016. We live in different states, I’m in NY and she’s in TN, I’ve submitted I-130 form through my Attorney and my priority date on the form was Dec 2017. My attorney has submitted to Chicago service center and from there it was distributed to CA center where the processing time is about 17-22 months for Family based GC. I’m not sure why he has sent to Chicago, instead except for CA other centers are processing within 6-8 months for my priority to be current.
Now I feel like I’m wasting my time, do you recommend to put another application and send to a different service center where the processing time is shorter?
1 Do I have to revoke the existing application and submit the new one?
2. Can I just submit new one without revoking?, either way revoking my current I-130 application would put a BAD remark on my new application or does it HURT at any point during the process?
3. To which service center my I-130 should've been mailed out?, they have shipped on Dec 11, 2017
3. Is there any way I can ask/request USCIS to move my application to different service center?
4. I’ve been on Obama care for 6-9 months in 2016 will that not allow me to obtain GC through this process?

I’ve my H-1 extension coming up, does Notice to Appear in court has made an official statement that from a certain date they would go into effect? As per USCIS alerts the last update was in July 30 says they are “waiting on policy guidance until then NTA will be on hold”.
What is cut off time that USCIS would stop sending RFE on h-1 extension and sends out Notices to Appear (notices).
 
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#4
Hi,

My Daughter I-94 is expired on Apr 29 2018.

My Employer files H4 extension and we received I-797C on which it is mentioned that

Received Date: 04/26/2018

Notice Date: 05/16/2018

If I create account in https://my.uscis.gov/account, it it mentioned that On May 16th, we received Form I-539, Application to extend/change Non Immigrant status.

Just checking my Daughter was Out of status from Apr 29th to May 16th?.

Regards.
 
#5
Travelling outside the US when H1 is pending, but already have a valid H1 and stamping

Hello Rajiv,

I have a valid H1 (cap-exempt) till Dec 2019 and have visa stamping for that until then. Another employer filed my Cap-subject H1 this year which got picked up in the lottery and is in pending state. Can I can travel outside the US in this situation? Will there be any effect to the pending H1?

Thanks for your help !
 
#6
Hello Rajiv Sir,
I had seen your blogs , videos , listen your radio recordings and many more you posted and i am proudly said that you are not only the best but BEST INDIAN (Attorney) in US for Immigration related issues and forum like this you helping us to reach our goals .
I am an smal business owner with 100% Prop.ship in my HVAC business both Private and Govt. Contracts and also running a showroom here in India . I want to apply L1A visa for Managerial/Executive for sponsoring my self as there in US . I want to buy existing or start a new company in US with 100% share of mine . I want you to please help me and proceed my case and need all your guidance particularly on this issue as i had discuss things with other attorney in US like Lisa Scout(Chicago) and i met her personally and my brother in law in Aurora already doing H1B visa's with you from a long time . I just want be specific on my case as i had 10 employees but not all at level of managers -out of 10 staff- 2 manangers , 2 accountants, rest are sale or worker level . I had turnover of Rs.7-8 Cr annually in India and all business is legal . After L1 i want to apply Green Card EB1 . Can some specific criteria i meet in EB1 like how many no. of employment i create or how much salary or profit my firm earned in ist year . Please suggest what is best to apply L1 visa from India or come on B1/B2 visa and find or form a company in US and then apply for change of visa status from B1/B2 to L1A visa . I also want to do my L1 visa with you , can you please tell how i start and i am ready with your all fees structure.
Thanks & Regards,
Amit Arora
India
 
#7
Hello Rajiv,
I have my h1b visa stamped till December 2020 & my wife's h4 till December 2020. I want to switch employer now. We have to visit India due to some legal issues in December 2018. As premium processing is suspended from Sep. 11th. Can we visit India in December 2018 while my petition for h1b transfer is pending ?
 

GVS

New Member
#8
Hello Rajeev,

Appreciate your service!

I have query on my current H1B validity. During my last renewal, both Renewal and Amendment were applied together.

  • First received Renewal Approval notice as dated September 2016 which is till Aug 2019
  • And then received Amendment Approval notice as dated January 2017 which is till Dec 2018.

Both have got same receipt numbers, Which validity date is to be considered here? Please help me understand.

Regards
GVS
 

nlreza

New Member
#9
Hello, Rajeev.

My father is currently in Mexico. He was deported in 2011. He was an LPR since 1986 through the amnesty. In 1994 he was convicted of a drug related felony for trafficking marijuana of more than 30 grams in the state of Louisiana (he resided in North Carolina). He was not incarcerated. He was put on probation.

In 2009, he was arrested in 2009 by the US Marshalls for Possession of a Firearm by a Felon. There was no search warrant issued, My father allowed them to search his property. When asked about firearms or weapons, my father informed them of two firearms (which one was not assembled and neither were mechanically functional). Because of his honesty and cooperation, in August of 2010 he was sentenced to 15 months which was served as jail time.

He was then placed into ICE Custody. I retained an immigration attorney that was sending me in the criminal direction to expunge or reduce his prior drug conviction of 1994. and did not think that he qualified for the 212c Waiver, when another attorney assured me he did. I was pressed for time and money to switch his attorney. Meanwhile he did not qualify for any relief to stay in the US. We tried to appeal it but the judge denied the appeal and he was deported.

He has 10 children, who are all US citizens. One of which is under 21, but married. I want to submit the form I-601, Waiver of Grounds of Inadmissibility, for my father to return to the US. Do you know if he would qualify? Or is this the proper application or form I should submit?
 
#10
SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018

Hi Rajeev,
I am on H1B Visa and my project will be ending by SEP-25-2018 with Employer A so I searched for a job with a different employer and got it with Employer B on SEP-06-2018.

The new company filed for a H1B transfer in PREMIUM on SEP-07-2018 with all documents except LCA. The new Company did a overnight Fedex to USCIS so they will get it on SEP-10-2018 which is the last day to file in PREMIUM. (USCIS will stop accepting PREMIUM applications starting SEP-11-2018)

Employer B will file for LCA on SEP-10-2018 and will get it within 2 weeks.

It looks like Employer B will get an RFE for the missing LCA.

QUESTION:
1. SHOULD I JOIN EMPLOYER B AFTER THEY GET THE LCA? OR CAN I JOIN BEFORE THAT JUST WITH H1B TRANSFER RECEIPT?

PLEASE ADVISE

Gokul
 
#11
My current status is H1B, working directly with US employer(Not service company) with I-140 pass and PD of March 2012.
MY current H1B will expired on Feb 2019.I have a Canadian PR which will be expiring in June 2019.Because
of long waiting queue in EB2 and current environment, planning to move to canada and work from there.
My employer is open to allow me to work from Canada, but i would like to know whether it is OK to chose this
option.While working from Canada will i be able to maintain my H1B status and comeback start work from here.
Plus in future when i have to extend my H1B will there be any issue.
Also whether this option will have any impact on my future GC application filed by employer.
If i go with this option whether i am violating any law.
 
#12
Hi Rajiv,

I have filed my I485 in October 2017 based on my husband's approved EB1A case (India, PD: October 2016). We got married before he filed his I140, but could not apply for my I485 at the same time because my J1 waiver did not come through on time. My I485 interview is already done and I am just waiting my visa number to be available. Currently, I am employed on an H1B visa but I will leave my current employer at the end of November. I want to take a break before starting a new job (I am a physician scientist), while hoping that my green card comes through before the end of Nov. I was wondering if there will be any issue for not having my job while my I485 is in process? Again, my application is based on my husband's I140, he will remain employed in the same job as what his I140 mentions and we will not be any public burden. Could you please suggest if I need to remain employed continuously until my green card comes through or I could take a couple of months' break and then get employed again either using my EAD or my approved green card? I have valid EAD and AP.

Thank you in advance!
Priti
 
#13
Hi Rajiv,
My H1B extension got rejected in Mar 2018 on the basis of skilled specialization. Then I got converted to H4 - awaiting confirmation, on receipt.
I still have 15 Mon on my H1B 6 year term.

My questions are

1) Is it possible for any other employer to file my CAP EXEMPT H1 B Visa considering I am lawful but out of status since July 2017 when my approved visa ended. Which means my i94 expired in July 2017.
2) Can any other employer file my CAP EXEMPT new H1B Visa after 1 year considering it to be reset if I am on H4 but within USA. In other words will 1 yr of H4 be considered as reset and will I be eligible for new 6 yr H1 B Visa.
 
#14
Hi Rajiv,

Below is my case:

1st H1B -> Stayed in USA from Jan 2012 to June 2013.
1st H1B expired in Aug 2013.

Joined new employer - Transfer initiated and next H1B approved.

2nd H1B valid till Nov 2018 -> I have not traveled on this yet.

Joined new employer.

Planning to transfer 2nd H1B but waiting till Feb 2019 for premium processing to start.

Is it ok to do another transfer
1. as I have not traveled on the 2nd H1 visa
2. as there may be any timelines that might have lapsed which I am not aware of.
 
#15
Hi Rajiv,

Here are my questions

1. H1B extension petition filed in premium processing in July and RFE was issued. If RFE response is submitted after September 11th (date when USCIS suspends premium processing) will RFE response be considered for premium processing?

2. If extension gets denied after I94 expiry of current H1B, in order to move to H4 - does the applicant have to go back to home country and apply for H4 visa?

3. What is the latest update on NTA? Trying to understand the situation if extension gets denied after I94 expiry.

Thank you.
 
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#16
Hi Rajiv,

Here are my questions

1. H1B extension petition filed in premium processing in July and RFE was issued. If RFE response is submitted after September 11th (date when USCIS suspends premium processing) will RFE response be considered for premium processing?

2. Is it OK to travel back to home country while petition is in process - in this case is it advisable to travel before I94 expiry or can we travel after I94 expiry even if decision hasn't been made?

3. What is the latest update on NTA? Trying to understand the situation if extension gets denied after I94 expiry.

Thank you.
 
#17
Hi Rajiv,

My Employer Filed H1B Extension (California Service Center) under regular processing on the basis of my PERM.
It is still in progress.
1) Am I eligible for Premium processing If I want to convert now?.
2) Current processing time is 5.5 Months to 7.5 Months for I-129 at CSC. My I94 is expired on Apr 29th 2018. Should I leave the country after Dec 2018, if petition is still in process with USCIS?.
3) My Wife applied for F1 to H4. So if we leave in Dec 2018, while her change of status is in progress, will there be any problem while coming if she gets H4 stamped instead of F1 Visa (She already completed Masters).

Regards.
 
#18
Dear Rajiv Sir,
I am on H1B and it is expiring in the month of December 2018. I am working on subcontracting(EVC model) and my current project is ending in the month of December. I have two questions and can you provide guidance on the below.

1. As my contract is ending, my employer is willing to file H1B extension with IN-HOUSE project. As my employer is SAME BUT CLIENT AND WORK location is going to be different. Are we eligible to file in premium process.

2. If my current contract gets extension, my employer ,project,location and all documentation would remain the same but there would difference in the my salary scale or wage level. Does change in salary level considered as changes and would i be eligible for premium process.

In short, Can you explain under what circumstances an employer can file H1B extension in premium process and advice on which approach be better whether (IN-HOUSE project H1B filing or EVC model H1B filing).

Thank you in Advance
Rakesh
 
#19
Dear please receive m'y greetings! Ihave been selected ffor thé 2019dv, ans i habe not film thé form online because my passport is not y et OK, do i need picture again before filling that form? Sincerely i dont really not what to do exactly! Thank you
 
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