Recording of April 29, 2021 Conference Call with Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ'S will be addressed first and these FAQ'S will be posted in our immigration.com FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here.
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: 13 May 2021
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
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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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FAQ: Options for potential H-4 dependent visa holder continuing their employment in India
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I am currently in the US on H1B with approved I140. My girlfriend and I are planning her move to the US after marriage. She is currently working in the India office of a California-based Big Tech company, and would try for an internal transfer on L1A/L1B. But that might or might not work. The alternate option is to come to the US on H4 and use H4 EAD for the transfer. That would require her to continue her employment in India, but she needs to be in the US to apply for H4 EAD.

1. Can she stay and work in India while on H4?
2. Does she need to leave her job in India if she wants to travel to the US on H4? Or she can just apply for leave/leave without pay for the time she is in the US on H4?
3. Can she apply for H4 EAD in the US and then fly back to resume her job in India while EAD is pending?

The idea is that she looks for roles in the US at her current company once she has EAD. We don't want a break in her career and finding a new job on H4 EAD might be difficult (she has a background in sales/BD).
 
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I-485 Derivative applicant re-filing again due to error in application
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We filed I-485 in Oct 2020. The lawyer made a mistake in my spouse/derivative I-485 and marked it as 'Alien Entrepreneur' instead of I-140 which is my category(primary). The issue is my spouse/derivative I-485 receipt also got the same classification.
We are trying to get this corrected.

1. I opened SR and it got closed saying info will be passed to officer and it will be taken care during adjudication.
2. Sent a letter to service center regarding this correction but have received no reply.

What else can I do to get this kind of correction.
Just want to make sure that USCIS does not deny the derivative I-485 due to this 4-5 years down the line.
 
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Transfer H-1B w paystubs below LCA requirement, spouse H-4 in transfer, Complain WHD DOL
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Hi Rajiv

Thank you for what you doing for the community. It’s greatly appreciated.

My H1B started on OCT 2020. And my employer start deducting my taxes( Medicare & social) as per H1B status from my current salary from NOV 2020 but not increasing my salary as per LCA.my Current salary (Example $40,000) and LCA salary (Ex. $63,000). And my employer said that they will pay remaining amount of salary as per LCA at end of the year as bonus(Ex. $23,000). So,I asked them to provide me letter about my salary and they have provided me Updated compensation Letter. Which shows that “my updated salary shell be $ ##### per year effective from OCT2020. Which includes base pay & bonuses”

But, now I have received an offer letter from a new employer and they are ready to apply my H1B.
  1. Can I switch job with my current pay stubs which is not matching with my LCA salary? Is there any chance to get RFE during H1B transfer process?
  2. If I get RFE because of my current pay stubs are not matching with my LCA salary then can I show “updated compensation letter “ as proof or can I file complaint against them in labor department?
  3. When can I joint new employer? Can I join new employer after getting my I797 C notice of action receipt? Or I have to wait till get final H1B approval notice?
  4. My current employer also filed H-4 visa for my wife and its pending with USCIS( biometric appointment done ). Do i have to file H-4 again with new employer along with my H1B transfer? Or I can wait for her H-4 approval from my current employer and then later I can apply her H-4 visa with my new employer?
Please advise. Thanks in advance
 
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Pandemic and reentry permit (I-131) options
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Hi Rajiv Ji,

I am working in India for an Indian subsidiary of a USA Headquartered company.
My Re-entry permit expires on 20 Jun 2021.
My first re-entry permit was valid from Feb 2017 to Feb 2019, but I moved to India in Feb, 2018. (been working in the India for around 3 years and 1 months)
in 2019, I came to USA to file the I-131 Travel document. and came to USA again in few months later in 2019 for finger printing.

  1. Considering Pandemic, can we I do the re-entry application process through a USA consulate in India?
  2. If not, do I need to come to USA 2 times like I did in 2019. First time to file the I-131 petition and second time to do the finger printing?
  3. Since I have been working in India for round 3 years and 1 months, when my re-entry permit get renewed, how much additional time I Will get? Is it the same 2 years?

Thanks,
Arjun Ganesh
 
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FAQ: Applying for green card while on F-1 Student status or OPT
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Hi Rajiv,

Can a company directly file for Green Card if the applicant is on F1 STEM OPT and H1 B did not get picked ?

If so, can the applicant work until Green gets approved with Green Card EAD?

Thank You

Changing F-1 status to green card - Options From ManuV
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Hello Sir,
I am on F1 visa currently on first year of OPT. My employer filed H1 B for me but it didn’t come in lottery.

—> My country of birth is Nepal but I am citizen of India. What I have learnt so far is while filing GC country of birth is what matters and not country of citizenship. Plz suggest.

—> My employer is ready to file GC for me but I am concerned if there will be any challenges to have GC filed on being F1 visa. Plz suggest is it fine or filing GC on F1 can raise additional questions.

Thanks
 
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H-4-EAD or F-1-OPT
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Hi Rajiv Sir,

Subject : H4-EAD VS F1-OPT
Question : My wife is currently pursuing her STEM Masters Degree program on H4- visa and she is eligible to get H4-EAD.
Since there are delays on H4 extension and H4-EAD, we were thinking to get a F1 visa instead so that she can get F1-OPT and work on OPT EAD.

On the other hand, to get jobs H4-EAD is preferred since companies does not have to sponsor, but there will be gaps every 3 years due to H4-Extension, unless USCIS make it premium or allows H4 to work on a receipt like H1.

According to you which path has less roadblocks, H4-EAD or F1-OPT?
Also, which one is better to get H1-Visa?
And finally my green card petition in progress and I don't know how many years it will take but whether my wife stays on H4 or switch to F1 and may be later on get H1, I don't know how it will work out for here when I will get a green card she will also get a green card ?

Thanks
 
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Entering the U.S. on a Visitor Visa with I-130 Petition
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Hi Rajiv Ji,

Thank you for doing these calls! I appreciate your help for the community.

I applied for a GC for my dad. His I-130 was recently approved, but given the ongoing COVID situation in Mumbai (he lives in Kolkata) it's very difficult for him to follow through the NVC process. Mumbai is the consulate/location that has been suggested by the NVC.

His visitor visa is still valid through next year. Is it possible for him to travel to US to visit me and then apply for I-485 using the already approved I-130 once he is in US. The approved I-130 does call out the NVC process. If this is possible, are there any restrictions in timeline, waiting, etc.?

Thank you so much!

Rajib
 
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Approved I-140 and change of employer
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Hello,

My I140 has been approved since 2011

Filed I-765 and I-485. I-485 has been pending for 180 days but I do not have an EAD yet.

Question
Can a new employer file for my H1B? If yes, do I get to keep my pending I765 and I485?

Will I have to redo PERM/I140?

If I have to redo PERM/I140 do I get to keep my priority date?

Thank you,
 
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Course of study to be filled in the form DS-160 while applying for F-1 Visa
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Hi,
I Am applying for an F1 visa to attend a US university.
Currently I'm studying online in a Canadian university but have forfeited the program because I want to study the same masters program in the US university.

My question is : Do I need to mention my 4 months of online study in DS 160 even if I'm not continuing that degree or intend to graduate?

I am confused because it is similar to the degree I am pursuing in the US but I don't want to provide any false information. So should I include the degree program in education?
My friends private company wants to sponsor my US education. Is that possible and do we need to substantiate the reasons behind the sponsorship?
 
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