Recording of December 03, 2020 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: 17 December 2020
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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Trump's Immigration Order on Green Card Application for Parents

Hi Mr.Rajiv,

I am a US citizen planning to apply for green card for my Mom. She is currently in India. Can I go ahead and file I-130 now ? I heard that there is a ban under Trump Admin for applying GC for parents living abroad? Please advice. Thanks for all the community service you are doing!! Greatly appreciate your help.

Sincerely,

Seetha
 
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Furlough and Applying for Unemployment Benefits

I filed for employment based I-485 in February 2012. My hours were reduced from 40 to 32 in July 2020, and was furloughed on October 12, 2020, and may get lay-off in January 2021. I have received employment based green card on November 10, 2020. From 2004 to 2020, I was working with same employer and also provided me I-485 Supplemental J in September 2019.

Should I have inform USCIS that my hours were reduced?

I may not able to work with company who provided I-485 supplemental J because of furlough and upcoming lay-off. Will this create issue with naturalization?

Can I apply for unemployment benefits after I have received green card?

Thanks in advance for your help, much appreciated.
 
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Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother?

I am a US Citizen .
I had a small incident recently . Have a misdeamenor C , was recently arrested ,but not convicted & the case is supposed to end with all charges removed from (online,etc) .

I have a elder brother who is a Indian citizen but works in Middle East. He is a civil engineer.
I want to get a B2 visit/tourist visa , applying from middle east.

I have the following questions for you.

1) Will the above incident case , impact him for getting a B2 visa/tourist visa.

2) Also because of Covid 19 , i am currently un-employed so cant provide with a Employer letter.
Will this be an issue.

3)do you have any document checklist for B2 visit/tourist visa.

3) Any advice if the brother applies from middle east for the visa

Sameer
 
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H-1 Visa and Spouses H-4 EAD Expires at the Same Time - Extension Options

I am on H1b Visa and My priority date in EB2 is January 2011. My wife is on H4 and currently working on H4 EAD.

My company sent applications to USCIS on November 15th , 2020 of both of ours I-485 , I-765 and I-131

My H1 is expiring on 06/2021 and her H4 EAD expires on same time as mine which is 06/2021.

1) How long I-485 EAD approval takes ? (We are little worried as her H4 EAD expires on 06/21)

2) once she gets I-485 EAD , Is it ok if my wife start working on I-485 EAD ? Does that impact my H1B status ?

3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.

4) If she get H4 EAD approval then she will have two EAD , Which one to use and how ? Is it ok to have 2 EADS ?

5) My wife company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company apply her H1B , do we have to worry about anything related to Pending I-485 application?
 
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US Green Card Holder to be Married to a Canadian PR - Repercussions

Dear Mr. Khanna,

I am a gc holder (since 2018, only stayed in US for about 360 days so far). My boyfriend is a pr of canada and has moved to canada since a few months now. He was in US on a student visa from 2014 to 2020- finished 2 masters on the visa. He is planning to apply for a visitor visa so we can see each other and we are thinking of getting married in India around the beginning of 2022.

1. How can he stay with me after the wedding, what are our options? What visa can he get to come stay with me in US? Is it advisable to apply for student visa again?

2. Do I have to apply for his gc immediately after we get married or can i wait to get naturalized (somewhere around 2023 i believe) to cut down on the wait time while he stays in US on a visa? Or is there a better way?

3. I have reenty permit as I was supposed to stay in India for a while. However, I was in U.S. more often than not after I got my permit as plans changed and I do not need to stay in india anymore. Will this reentry permit count against my naturalization time period if I do not use it?

Thank you,

Preeti
 
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EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order

Dear Mr. Khanna,
Thanks for holding this session.

My question is regarding the EB2 GC backlog and FB GC spillover. I would like to understand more on the expected green card spill over from family based to employment based categories due to the immigration ban executive order. Do you expect more GCs to spillover in 2021? If yes what do you think the new priority dates would be for Oct 2021 visa bulletin.

My priority date is in Jan 2018 and was wondering if there a remote possibility of my priority date becoming current due to spillover.

Also would like to know if meaningful immigration reform is now out of question given that Biden administration will most probably won't have control over a republican senate

Thanks,
Vinod
 
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Transfer of H-1B to a New Employer and Keep the Green Card Going

Dear RajivJi,

My employer filed for I485(EB2 to EB3 downgrade) on October 30th but laid me off on October 31st. But before firing me he has applied for I-485. Will this affect my I-485? My employer has mentioned in the employment bona fide letter as current employee and in the future employee as well.

I am planning to transfer my H1B to a new employer and start working. Will this affect my I-485?
Does my new employer has to file I-485J as well at this time or after 180 days?

Can I wait until I get my EAD instead of applying for a H1B transfer?

Thanks,
Rakesh
 
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Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future

Hello Mr. Rajiv,

I have some questions regarding Salary reduction on H1B.

Details:
On H1B since Oct 2019
LCA Prevailing wage - $ 57658
LCA Salary - $65000
Full time employee with a small scale company.
The only one on H1B visa Holder in the company.
Got visa stamped in Dec 2019.
Came back to US in Jan 2020.

My salary was $65,000/year - $2500/biweekly paycheck
Because of the Pandemic my salary reduced by 13% after 25th April 2020 - $2163/biweekly paycheck.

Combined both (Original salary for 4 months + reduced salary for 8 months), the year end amount will be $59202.

Will this affect H1B transfer in future when I change my current job?

Thanks
Nilesh[/QUOTE]
 
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Occupation Column of Form G-325A Regarding I-485

Hi, I am on GC EAD since 2012. The priority date is 2009. I may get GC in 3-4 months after the last RFE. I know you posted many times that we can work for 1,2,3,4 or any number of jobs on GC EAD. My question is if one is an original permanent job which is mentioned in I485 and I485J and the rest are W-2 contracts. Then what I should mention in the Occupation column of G325A. Even in the form for citizenship (N-400), it asks for the last 5 years' jobs. Shall I mention Temporary Contract for W-2 and Official position for job which is basis for I-485?
 
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EB-2 to EB-3 Downgrading and 180 Day Requirement

Hello Rajiv ji.

I have applied for EB2 to EB3 downgrade and concurrent i485.

I understand that if I have to switch job using AC21 then I have to wait for 180 days after i485 was applied and also for the EB3 i140 to be approved.

I am not clear about the 180 day requirement w.r.t the EB3 i140 approval. Do I need to wait for 180 days after getting the i140 approval as well ?

Say I applied EB3 + i485 on Jan1. EB3 i140 got approved on April 30. Can I switch after June 30 or only after Oct 31?

------------------------FROM AQVAMOORTHY--------------------------------------

Hi Mr.Khanna,

My PD is EB2 May 2012, Recently applied EB2 >>EB3 Downgrade (I-140& I-485), I hold General Manager[GM] title with SOC code 11:1021 with wage of $120K, Planning to start my own business exactly same field and plan to hold GM title in additional small change[90% remain same] in responsibility but with pay of $75[due to startup], thinking to use AC21 to sign my own 1-485J,, Please let me know if this still in compliance of existing ac21 policy for self employment or not? Pls explain if any risks involved. FYI: I plan to do only after 180 days of both I-140& I-485 Which ever comes latest..
 
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Dear Mr. Khanna

Your help will be of priceless value to me.

Thank you for this conference. I have entered the dv lottery (DV-2022) in October this year. I live in the Republic of North Macedonia. I am facing a really hard decision right now. I am planning to go on a work and travel program (i am a student) in the USA for 4 months in the summer of 2021. Here is my problem: In case I win the green card lottery (and i will discover that in May through September 2021) & live and work in the USA in those 4 critical months of 2021, how is it possible to complete all the documentation like filling the form DS-260 while living in the USA and having a temporary U.S address? (the U.S government suggests that we start the application process as soon as possible if we win the green card lottery). I can't lie on those forms and say that my address of living is in the Republic of North Macedonia when I am temporarily working in the US. Can I wait until October 2021 to get back home in Macedonia and then start filling the forms and all the documentation or is there a way to do that while I am living and working in the USA for several months in the summer of 2021 (because I need and want to start the application process as soon as humanly possible). I just want to know what to do in case I win the green card lottery while I am staying in the USA for 4 months temporarily via a work and travel program. How do I fill all the forms and documentation if i am temporarily residing in the US? What would you do if you were in my place Mr. Khanna?
 
H-1B Extension and Impact on Green card Processing when Dates are current

Hi, I have another question.
Hi, I am on GC EAD since 2012. The priority date is 2009. I may get GC in 3-4 months after the last RFE. I know you posted many times that we can work for 1,2,3,4 or any number of jobs on GC EAD. My question is if one is an original permanent job which is mentioned in I485 and I485J and the rest are W-2 contracts. Then what I should mention in the Occupation column of G325A. Even in the form for citizenship (N-400), it asks for the last 5 years' jobs. Shall I mention Temporary Contract for W-2 and Official position for job which is basis for I-485?
Another question on
Hi, I am on GC EAD since 2012. The priority date is 2009. I may get GC in 3-4 months after the last RFE. I know you posted many times that we can work for 1,2,3,4 or any number of jobs on GC EAD. My question is if one is an original permanent job which is mentioned in I485 and I485J and the rest are W-2 contracts. Then what I should mention in the Occupation column of G325A. Even in the form for citizenship (N-400), it asks for the last 5 years' jobs. Shall I mention Temporary Contract for W-2 and Official position for job which is basis for I-485?
I have another question on if I-485 is linked with any issue with H1B visa. I was never denied H1B visa. My petition was approved but the extension was denied. I filed a motion to reopen the case telling that my stay was denied by error. That motion to reopen the case was filed in 2011 and it is still pending. In 2011 I went to the consulate office and got the visa stamped. I came back in 2012 this is where I filed I-485. I was told by the attorney that after every consulate office visit any previous issues are cured so USCIS should not follow or ask question.
The reason for the denial of stay was that Company A applied for H1B. I switched to company A and even got visa stamped with company A. Then Company A got merged with company B. Company B did not do anything like applying for H1B transfer etc. Company B applied for I-140 which was approved. My H1B extension was applied by company B in 2011 and I got petition approved but extension of stay denied that I got visa from Company A but I worked for company B. In 2012 I applied again for H1B extension even though I got EAD in 2012 Feb. My H1B with company B was again approved. So if any motion is pending which has no relevant now. Can this impact my Green card processing as my dates are current?
 
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I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition

Rajiv Sir, Is there any hope that employment based 485 interviews/GC processing will be faster after January 2021?

Is there any other way to expedite a pending L1 based AOS (pending for 2 years now, retained priority date from 2007) other than a Mandamus petition?
How long does it take to get a Mandamus petition acted upon by the authorities?
 
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