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

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#21
Hello Sir,

Below is the my scenario.
  • I was working in USA last year and my employer filed H1 Extension/Amendment petition.
  • My I-94 expired on 2 March 2018.
  • I got to know from employer about the H1 extension/amendment denial in 1st week of May 2018, later I checked on USCIS website and online it was showing that on 18th April 2018 USCIS denied the extension/amendment application.
  • I moved back to India on 5th May 2018.
  • Again this year my employer filed H1 cap exempt(with I40 approval) from India and now my H1 cap exempt petition is approved in India and I am going for visa stamping in US embassy.
  • I am filling DS160 and there is question regarding overstay in USA. On receipt notice there is a rule that I can stay and work for 240 days legally. I am not sure whether I need to say yes or no there for overstay. If I will put yes what would be the time for overstay and what explanation I need to provide to support this.
Please let me know what should I put in the DS160 application for overstay field so that there will not be any issue in visa interview.

Thanks in advance.
 
#22
Hi , I am planning to apply for my citizenship through attorney. I have also applied for renewal of my Green card which will expire in feb 2019 and i have my fingerprint scheduled for next week. I do have Class C misdemenaor criminal record in 2010, which was expunged later. I understand that expunge doesnt really mean anything nor help. Unfortunately i have lost my case dismissal form, and now since i am going through same attorney who had helped me for my criminal case , she says since my case was expunged its very difficult to get back any kind of papers as the data was all destroyed , and hence she is planning to send some affidavit on my behalf for not having copy of dismissal form and been delaying for past 2 months to apply for my citizenship for the same reason. Please let me know
1) If it is okay to apply for citizenship along with having just also applied for renewal of my GC?
2) What are the options to apply for citizenship through attorney, if one has lost the criminal case dismissal form?
3)In meantime, since i am scheduled for my GC renewal fingerprint next week, do i need to work in parallel on getting I551 stamp in my passport so i can travel to India in case if there comes any emergency?If so what is the process for that?
4)I had travelled to Canada in 2018 on family vacation. Since they didnt stamp any entry in my passport , can i still put dates based on my itenerary data in the question for dates that we travelled outside US in N400 form?
 
#23
Thank you Rajeev Ji for answering these complex questions!!
1.On Approved I-140 with Employer A(for more than 6 months) and in 7th year of H1B.

2.Joined employer B and Employer B is filing my PERM.

Question : What happens in the worst case of PERM getting rejected with new employer?
 
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