Recording Available, September 19, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

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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: 03 October 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
Hi Rajiv ji,

H4 status while spouse is transferring H1b and earlier company withdraws H1b. I94 is expiring soon.

I have my I94 expiring on 9/29/2019 and currently on H4 visa. My Spouse has applied for H1b and H4 along with it from Company A. He has also transferring his H1b to company B at the same time. If in future, he joins company B and my H4 is pending from his H1b application from company A, will my H4 be denied in case Company A withdraws H1b and H4 application.

If yes, what should be the option for me to take while I still have i94 which is not expired till 9/29/2019.
Your help is appreciated.
 
#3
FAQ: Effect of H-1B approval on H-4 EAD
Hello Rajiv Ji,

My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD.
Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?

Appreciate your guidance

Regards,
Kumar
 
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#4
Hi Rajiv,

To give a quick background, I’m currently on H1B status valid till Sept, 2021. My fiance is on OPT extension valid till Feb, 2020. She is planning to take a course for 2nd Masters starting from Spring 2020 which allows her CPT from first day.
While this is her course of action, we are planning for court marriage on 10/11/2019 (i.e. next month).
Following are our concerns post court marriage:
  1. Will it become necessary for my fiance to change her visa status from OPT to H4?
  2. Will she face any issues incase she doesn't change her status to H4 (if pt.1 requires her to change) and keep it as is (i.e. OPT for now, later F1 after taking course)?
  3. Will my fiance face any issue when her employer files for H1B next year (i.e. 2020) and if it is picked in the lottery?
  4. Do I have to make any amendment in my H1B post court marriage?
  5. Will I face any issue in the future if my employer decides to file for my GC?

Looking forward to your reply. Thanks and Much Appreciated.​
 
#5
FAQ: Travel during H-1B amendment and using old employer's visa stamp
Hello Rajiv Ji,

I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.
  • I have moved to my current employer in April 2019 and I have approved H1-B for 3years.
  • Now because I am changing client and location, they have filed amendment and it is currently under process.
  • I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.
  • During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
So can you please let me know, what options I have to travel back to US. Thanks for your time and guidance.
 
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#6
FAQ: For how many years is the H-1B quota exemption valid?
Hi Rajiv ,

I live in Mumbai. For a US-based small consulting firm(A), I got H1B visa approval and got it stamped in Mumbai consulate last year 2018. Consulate had given only for 9 months of visa. I was not able to travel due to personal constraints.

I got an offer from an Indian service company (B) and joined there they have assured US onsite position. During the end of my visa validity. Company B applied my H1 with cap-exempt (Apr 2019). But got RFE from USCIS asking the customer letter. The customer has recently moved their headquarters and not willing to allot more seats in the US premise, hence they are not giving client letter. Now my existing H1 visa got expired in Aug 2019.

Meanwhile, I got an offer from another US product company (C), looking for US position.

My question: Is there a possibility of company C file cap exempt( stamped H1 visa expired, never traveled to US).
Please advice am I still have the option to file a cap-exempt not going through lottery.

Thanks,
San
 
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#7
FAQ: Can a GC pending EAD holder move locations?
Namaskar Rajiv Ji,

Can a person (working on GC EAD) work 100% from a remote location (means at different state ) if employer/employment allows to do so ?.

-Thanks,
N
 
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#8
Hello Rajiv Sir,

I had 2 separate employers file for my FY2020 Cap Subject H1b. Both petitions were filed as a Change of Status, both were picked up in the lottery and both were approved (forms I-797A were issued: Change of Status - Approved for both)

One of the employers, let's call it Old Employer, is one I worked for using F-1 Practical Training. I already began work for New Employer using the remainder of my Practical Training and sent my manager from the Old Employer my resignation letter.

I noticed that my H1b petition from Old Employer shows as "Your case has been approved" on the USCIS website. It is highly likely the attorney has not requested it withdrawn (has been 2-3 weeks since my resignation letter). Would you suggest I email them and ask if they can withdraw it?

Would it consist a violation of immigration status on my behalf if they don't withdraw this before Oct 1st, or is it completely their responsibility once I have sent my resignation?

I just dont want to be in a position where I am supposed to work for Old Employer per their H1b petition, and not doing so will trigger a status violation.

Please let me know what I should do.

Thank you, Sir
 
#9
FAQ: Should I maintain my H-1B after filing I-485 Adjustment of Status
Hi Rajiv,
Thank you for your help. Here is my case.

Employer A: EB3 & EB2 Filed and 140 Approved with PD: 2009
Job Change from A to B

Employer B: EB2 Filed in 2014 and retained PD: 2009
Employer B: EB3(140 +485) Filed in January 2019 and received EAD in May 2019.

Now it’s already more than 180 days after filing I-485. My company is acquired, and transaction expected to close by end of this year. My current company will be dissolved after merger. I have valid H1-B valid till 2022.

Now my questions are
  • What happened in case I get laid off?
    • Do I still need follow 60 days rule to get another job in case I need maintain my H1-B?
    • Can join with EAD and then file H1-B transfer in case I want to maintain H1-B?
  • What is the advantage of maintaining H1-B after getting EAD?
  • As my company is getting acquired, will they need to refile my H1-B or any green card related items under new company name?

Thank you
Ladol Patel
 
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#10
FAQ: Nonimmigrant visa for a partner in an unmarried gay couple
Hi Rajiv,

My partner has a scheduled J-1 visa interview next week. If approved, can a common-law partner apply for a J-2 visa? I read in a forum thread here that he should indicate my name in his DS-2019 form. So he did. However, it does not appear on the applicant copy.

We are planning to get "married" although we're not sure if it's an assurance of eligibility. Should there be a legal union? If all goes well, is there an appropriate time to apply? Will he be the one to petition once he is in the USA?

We highly appreciate your advice and God Bless.

Aristos Angeles
 
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#11
Hello Rajiv Ji ,

Thank you for helping us.

In July 2018, I have applied for H1B Amendment + Extension in normal process and before my I -94 expire (28th Feb) I have filed Family-Based I 485 with EAD and advance payroll on 19th Feb . My H1B got denied in month of July 2019 . I am waiting for EAD and staying in US as I 485 is pending .

My question is if due to any paperwork if my I 485 is denied then can I reaply the same?

Thanks
Nisarg
 
#12
Dear Mr. Khanna,

This is reference to the initial post (Post 8 Aug 28) and discussion we had during the Sept 5 community call on the Public Charge rule related to my parents who are currently availing medicaid.

You had mentioned that you had not read the rule at the time and would open a book and chapters on public charge.

I have been actively following on your facebook, LinkedIn and Immigration.com, but couldn't find the book.

Could you please advise on any further guidance.

Akshay

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Original Post (Post 8 Aug 28):

Dear, Mr. Khanna,

My parents are green card holders(mom since Jun 2009 and dad since Dec 2016), sponsored by my uncle who is a US citizen. They are now both above 65 years. I and my wife are on H1B and my daughter is a US citizen by birth.

USCIS director announced a public charge rule which will go into effect on Oct 15. I would like to know if this applies to existing permanent residents as well or only to new applicants seeking permanent residency?

If only for new applicants, can my parents continue their public benefits (such as medicaid) beyond October 15, without their green card being revoked?

Also, is there any issue if they travel abroad and seek to return to US.

Appreciate you help and guidance.

Thanks,
 
#13
Hi Rajiv ji Namaskar,

Greetings of the day!

Below are my overall visa details and the query

I got my first fresh H1B visa in 2000 from Employer A. I worked for 6 months on that Visa and returned back to India.
I changed my Job to another employer B and they filled fresh H1B visa in 2003, I worked on this visa for around 1.5 years and returned back to India in 2005.

In 2008 I joined another company C (Present employer) and they filed fresh L1A, I worked for around 3 years on that Visa and returned back to India in 2011.
In 2014 my Company C(Current) filed another fresh L1A , I worked for around 3 years, then I got L1A 1st extension in Sep 2017 for 2 Years petition, however I worked for 1 year on the extension and returned back to India in May 2018. My Current L1A visa is stamped till Sep 2022 but petition expired in April 2019

QUERY : I wanted to know the following and need your help. I am currently in India.
1) Is my Old H1B petition be used as CAP exempt because only 1.5 years were used and remaining 4.5 years were unused for H1B fresh filed in 2003.
2) Is my Old H1B petition be used as CAP exempt because only 0.5 years were used and remaining 5.5 years were unused for H1B fresh filed in 2000
3) Can I transfer L1A (used only for 4 years and 3 years unused , exit from US MAY 2018) to H1B through other company

Regards
Hitendra
 
#14
Dear Rajiv ji

I am working on H1B visa.

My current employer (company A) has got my I140 approved. Employer A is about to file my I485. I want to continue to work for this employer indefinitely.
My employer “A” is also going through some challenges that makes the longevity of my job and the future viability of my current employer uncertain.

I have a job offer from another employer (company B) in the same geographical area. I would like to work for both the employers at the same time, so that, if my current employer fails to continue as a viable business or my current job with my current employer (company A) does not exist, I can continue to work for company B. The logistical challenges of working for two employers are something that I would be able to take care of.

Questions:
  • Am I violating any rule regarding working on H1B visa if I work for both employers. My understanding is “No”
  • My understanding is that the job offered to me in Form I-140 remains a bona fide job offer that I intend to accept once my Form I-485 is approved; Am I violating any rule regarding the filing of I485 by employer A, if I start working simultaneously for employer B.
  • If after 180 days of I485 pending my situation does not change and I apply for job portability to a new, permanent (same or similar) job offer under INA section 204(j), would I be able to retain the I485 filed by employer A?
I cannot deny working for company B because I would lose the job offer. I may be able to use the job from company B to request job portability to a new, permanent job offer under INA section 204(j), after my i485 has been pending for 180 days.

Thanks a lot for your advice.
 
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#15
FAQ: Impact of multiple pending H-1
Hi Rajiv,

I have been recently laid off from my company (on 8/9/19). My 1-140 was approved while I was working with them and my current H1B expires on 6/2020. Due to expertise in functional area of ERP (software) work, I am finding a lot of contract work and the hiring organizations are willing to transfer my H1B visa. I am approaching these organizations for contractual work to keep me in status beyond the 60 period offered after the layoff . I have an MBA and an MS from top-ranking US universities and I hope to find regular full-time work in 3-4 months so, I am curious if I have multiple H1B approval requests in the pipeline does that jeopardize my chances of obtaining an approval when I am able to find full-time work (given the current environment and RFE's getting issued left and right)?

I would appreciate your advice in this regard.

Sincerely,
Jay
 
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#16
Hi Rajiv ji,

My H1B was approved in this year's lottery (it was a consular approval since I had traveled abroad while it was still under processing). I was informed yesterday by the attorneys that a paralegal in their firm accidentally withdrew my LCA. He didn't read the approval notice correctly. The notice said automatic conversion on Oct 1 is denied (and that was expected since it was a consular approval). However, this paralegal read is as a denial of the H1B and withdrew my LCA.

The law firm is now re-filing the LCA - and also my H1B. They are telling me there is no way to communicate to the USCIS that this LCA withdrawal was done by accident. They are saying that this re-filing will have to be treated as a fresh case. This would mean that there is once again every possibility of getting an RFE - and I basically have to go through the entire process again. They are telling me that this H1B re-filing will be cap exempt. Are these statements correct? The firm is also suddenly behaving in a very defensive manner rather than owning up to their mistake.

My question is:
1) If this re-filing gets denied for whatever reason, what options do I have to get the H1B reapproved? I cannot be suffering because of the law firm's error.
2) If the refiling gets denied, can I sue this firm or take legal action against them for negligence? If yes, how can I do this? I do have 3 emails from the attorney at this firm where they are admitting to their error. So I do have proof.

My priority is getting my H1B approved in the re-filing. My second priority is to take action against the firm for unnecessarily putting me in this situation. I wish to know how I can do so.

Thanks,
Jerrica
 
#17
Hello Rajiv Sir,

I have applied for I-485 using Cross Changeability in Dec 2017 and we are still waiting for an interview.
My wife is from Nepal she has a daughter from her previous marriage in Nepal, now that we have been waiting for our interview for so long, there is no one to take care of her daughter in Nepal so she is planning to go back to Nepal and most likely not planning to return she is sort of losing interest in getting a green card. I would like to get the green card.

Q> In the event that we get the interview and she is not present with me during the interview will the USCIS officer consider my application or will they reject it?
 
#18
Respected Rajiv Sir,
Me and my wife applied for L1A renewal along with wife's L2/EAD premium on fourth week of June this year, we received L approval, but L2/EAD is still pending, work authorization is expiring second week Oct.
Could you please advise if there is any recourse or action we can take to expedite the decision process for my wife's L2/EAD, or my wife would be forced to resign from her position.
There are suggestions for service request, expedite request with employer letter, congressmen and ombudsman's help. Does any of these options work?
Also, other law firms are undertaking litigation proceedings with positive outcomes, what is your view on this? What are the requirements, most of the applicants seem to be H-4 and not L2s, this seems to be a new option that has recently emerged, so there is not a lot clarity, would deeply appreciate your advise on this.
We also have (second filling, first eb1 I-140 was denied due to insufficient company financial information) eb1 I-140 pending with RFE, response is in progress, will the litigation have any bearing on this? and impact outcome in any way?

Thank you,
Ram Singh
 
#19
Hello Rajiv Sir,
First of all, thank you so much for providing this community service, it helps so many people like us to get the proper information.
I have a question regarding the current I-130 processing time for California Service Center, which is 19.5 months to 25.5 months. It has been about 5 months since our case was received by USCIS. Hence, we believe it will be around 1 year or more until our case gets approved. What's your insight on the processing time?

Meanwhile, we are thinking of the options for how my wife (current GC holder) and I (current PR of Canada) can be with each other until my green card gets approved. We keep visiting each other frequently as I possess a US visitor visa and she has eTA for Canada due to her GC. I was thinking of the following possible scenarios and wanted your input if there can be any negative impact on the case if we go ahead with any of the following options:
  1. My wife keeps her job in the USA:
    Scenario 1:
    Can my wife work remotely a few weeks for the US employer (IN CANADA, with valid eTA) and working in the United States a few weeks, every month. Can she travel back and forth between the United States and Canada? Does she need to apply for a re-entry permit?
    Scenario 2: Can she completely work remote for the US employer (from CANADA with valid eTA). Travel back to the United States every 5-6 months and then return to Canada. Does she need to apply for a travel permit?

  2. My wife quits her job for temporary:
    Visit Canada 4-5 months with current valid eTA and come back to the United States after every 4-5 months for a few weeks. Does she require a re-entry permit?

  3. I move to the USA:
    What are the non-immigrant options available to me?
Thank you so much, much appreciated!

Regards,
Ronak
 
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#20
Hi Mr. Khanna,​
I went to Delhi Embassy for my Visa stamping for H1b extension on Sept 4. I​
am working with this company for more than 6 years now and I have an approved​
I140 with this company since 2014. During the visa interview, the​
interviewer didn't ask me much and issued a 221g blue slip asking for a copy​
of complete H1b petition, educational certificates, job description and​
Company's federal tax return for the last two years. I requested my company to​
email the tax return to USCIS but the company refused to provide documents​
and asked me to hire a company immigration attorney to assist me with the​
matter. So I hired the company immigration attorney. As of writing this​
message, we are still waiting for the tax return documents. My question is:​
  1. Does the company have the right to decline to provide company tax return documents?
  2. Do you think my visa will get approved even without submitting the company tax return?
  3. If I opt for H4 visa instead, what are the chances for denial for H4 visa?
With Regards
Frankey
 
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