Recording for February 20, 2020 Conference Call

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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: 05 March 2020
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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
FAQ: I-140 issues - getting a copy of approval notice, leaving employer when I-140 approved less than 180 days
Hello Sir ,
Greetings !!
As per the new rule in 2017 , Its mentioned that one should have approved I-140 from employer and if its approved for 180 days employee gets the benefit of keeping the PD and also get unlimited extensions post 6th year of H1b (as h1b is valid till 6 years) .
But do we need to stick to that employer for 180 days who sponsored I-140 ?
even if the HR assures that they won't cancel/withdraw/revoke after employee leaves the company ? .

I have approved I-140 since 4th Jan 2020 from employer A , i got offer from employer B
Question :- Can i switch employers at this stage i.e less than 180 days ?
the new employer i.e employer B says that they will file for a H1b transfer as i have over 1 year left on h1b and since i have approved I-140 so they will as well file for the 3 years extension but to grant 3 years extension is in the hands of USCIS as i have not completed 180 days with the employer who raised my I-140

My employer A is okay for me to keep the I-140 active even if i leave them , the reason being is that they are unable to find any project as of now and cannot keep me on bench for longer time.As a good will they have told me if i leave them they won't cancel/withdraw/revoke.So I-140 stays approved for 180 days even if i leave employer A , only thing is i wont be with employer A for 180 days , will this be an issue to grant 3 years extension by USCIS ?
What are my options ?

Note :- I am on h1b and have exhausted 4.5 years already

Regards
Nisha

++++++++++++++++++++Next Set of Questions+++++++++++++++
Hello Rajivji

First question:
As we know that USCIS has introduced new system for filing LCA(FLAG) and discontinued old system(iCERTS).

With old systems we used to search LCA for any company but is it still possible to search LCA with new system? If yes could you please share how to do that? If not, is there any other way to get LCA?

Second question:
With the new process of filing H1b, is there a way where employee can get notifications if he/she gets selected in the lottery?

Third Question:
As per my knowledge employee can change employer if his/her 140 is approved for 180 days and can extend/transfer more then 6 years.
- How can an employee change a job if an he/she doesn’t have a copy of approved 140
- Is there a way to get a copy of approved 140 from USCIS by employee?
 
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#3
Hello I submitted my asylum case and I have already gone for my interview I tried using my receipt number but was getting error response I eventually called the uscis and gave them my receipt number and was told that another receipt number was showing on my case status starting with S and the status says card was mailed to me . Pls what does dis mean was my asylum case approved or what
 

andym

New Member
#4
Rajeev,
I was counted twice in H-1B cap: first in Oct 2006 and second in Sep 2009. I worked on an H-1B from Oct 1, 2006 to Sep 30, 2009. Left the US for good from Sep 30, 2009 through Dec 2010. Re-entered the US in Jan 2011 on a new H-1B visa after being counted against the cap the second time and worked from Jan 2011 through Sep 30, 2013. Again left the US for good in Sep 2013 and have been outside the US since then. In December 2020 I filed for a 3 years cap-exempt visa since I hadn't used more than three years on my second H-1B visa. USCIS approved the visa but gave me authorization to work for only 3 months. I haven't received the official approval in mail so I don't know their exact reasoning behind their decision. But from what I can make out they collated both the times I stayed in the US under H-1B #1 (3 years) and H-1B #2 (2 years 9 months) and subtracted that grand sum ( 5 years 9 months) from six years to arrive at 3 months. Is this calculation right per the law or should I be entitled to three years of H-1B visa on recaptured unused H-1B time since H-1B #1 and H-1B #2 are two completely different H-1B visas and I effective reset my clock by staying outside the US for more than a year?

My second question is that now that I have an approved H-1B visa valid from Feb 8, 2020 to May 8, 2020: can I delay my US trip until April 15, 2020, have my prospective employer file another new H-1B visa against the cap (legally possible since I have been outside the US for past 365 days), enter the US to work from April 15, 2020 to May 8, 2020 on the already approved H-1B visa, exit the US and then come back again to the US on Oct 1, 2020 if my new H-1B visa application on April 1, 2020 under the cap is approved or would my subsequent travel to the US from April 15, 2020 to May 8, 2020 on the already approved H-1B visa jeopardize my travel to the US on Oct 1, 2020 on the new H-1B visa under the new cap? Please advise. Thanks.

A
 
#5
FAQ: Impact on H-4 - H-4 EAD if the H-1B holder changes jobs
Dear Rajiv,
My wife H4 & EAD is still pending with USCIS which was applied 11th Oct,2019. Now I would like to change my employer and New Employer would like to initiate the H1-B. Do I need to wait my wife petition gets approved or can I proceed parallel. After the approval of new employer petition do I need to re-apply my wife H-4 again? Please advise.

+++++++++++++++++NEXT POST+++++++++++++++++
Hi Sir,
My name is Madhu, I am in H1B visa and i got visa extension till Dec-2021. My wife has H4 EAD and working as a Full time employee.

Now I got full time offer from my client and to do H1B transfer. what will happen to the H4 EAD. Till the H4 got extension , the current H4 and H4 EAD is valid or become invalid status?

Once the H4 is approved, do i need to apply the H4 EAD extension again or can i use the existing H4 EAD which is valid till Dec - 2021.

Thanks
Madhusudhanan
 
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#6
FAQ: Promotion while PERM is pending or approved
Hi Rajiv,

I just completed 5 years on H-1B and my current role is 'Developer'. My PERM application is about to be filed for 'Developer' role.

I will be applying for for H-1B 'amendment + extension' in next couple of months as my role is getting changed to 'Technical Lead' (same location and employer) and I-94 going to expire in next few months. After amendment+extension, I'll be able to extend my stay till next year (till end of 6-years of H1-B).

I need help to understand if I get my H-1B amendment approved as 'Technical Lead', and my PERM gets approved as 'Developer' , will there be any issue in applying I-140 as 'Developer' ? Or, do I need to apply I-140 as 'Tech Lead' ?

If I can apply I-140 as 'Developer' and it gets approved, do I need to apply further H1-B extension post 6-year completion as 'Developer' or that also need to be filed as 'Technical Lead'.

Requesting your help to suggest on this scenario.
 
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justaquestion

Registered Users (C)
#7
FAQ: Birth Certificates
Dear Rajivji, Thank you for this excellent service.

Thanks to all your help, me and my wife are now US Citizen.
My wife wants to sponsor her sister for permanent residency. The problem is, neither my wife, nor her sister has a birth certificate.
My wife used affidavits by her mother and another relative in addition to High School Certificate during her Green Card process.

Can we use similar affidavits for my wife and her sister for this process ?

If not, is there any other document that we need to procure

Thank You
 
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#8
Hello sir,

Sub: Pursuing full-time education on a pending I-485 application; Can't get student visa

I am seeking some legal advice on my ongoing Green Card application (EB1C PD 22FEB2018 INDIA) which is currently pending final review.

My AOS interview happened on 2 Oct 2019 and the case is currently under review (Status on USCIS website reads- "Interview Was Completed And My Case Must Be Reviewed").

Now I have an offer for admission for a full-time MBA starting fall of 2020. Since I have applied for a GC and shown immigrant intent my understanding is that I may not get approved for a student visa. Also although my interview is completed and technically the process is concluded-as per my employer sponsored immigration counsel- I understand that I'll not receive a green card in the near future due to huge backlog in the category and until my priority date becomes current.

Can I pursue full time education in Fall 2020 on my current 'AOS Pending' status or are there any ways by which I can pursue full time education in the US without having to give up my GC application?

I also have an approved H1B, which is valid till May 2021. Currently I am on an L1A visa.
 
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#9
Hello Sir,

Last year, I filed my H4 with my spouse's H1 in premium. Spouse H1 was approved in premium and my H4 took 4 months for approval with biometrics.

I applied for H4 ead seperately based on spouse's approved I-140 at Phoenix location but still waiting for H4 ead after 4 months.
My H4 and spouse H1 is approved till 30 June 2020.

Now, spouse employer(same employer) is ready to file H1 renewal in premium as less than 6 months are left.
My EAD is still waiting for approval which I will only receive till 30 June 2020 anyway.

My questions are: -
1. Will there be biometrics for me again as I just did that 8 months ago?
2. Shall I file my H4 with spouse H1, wait for filed EAD to get approved which will be till 30 June 2020 and file ead renewal seperately?
3. Can I file my H4 with spouse H1 along with ead ,filling out EAD form as if its a new EAD without previous filed ead approval being received?
4. Shall I ask my wife to file H1 in premium and once I receive filed EAD approved, I shall file H4 and EAD renewal together seperately?

What would you advise from 2, 3 and 4 to make things quicker?

Thank you.
 

arjung

Registered Users (C)
#10
Family based green card for my wife: F2A

I am a US green card or permit resident with expires in June 2025.
I have been living in India from Feb 2018 with approved Re-entry Permit /I-131 Travel document till June 20, 2021.
Also have approved N-470 (Application to preserve Residence for Naturalization process)

  1. I am in India with. Re-entry permit (valid till July 2021)
Can I file my Family based green card for my wife: F2A from India?
  1. Questions from February 2020 Visa bulletin. Please explain these 2 below dates?

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES
F2A:
Current

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

F2A: 01Dec 1919
 
#11
Hello Rajiv ji ,
Situation :-
Current H1b was till 31st Jan 2020 , My h1b extension is in process , and recently i got RFE for not submitting client's SOW , employer has submitted only Client's Invite letter(CIL) , as the project is completed i am released from the project , so now my employer is trying to find a new project with different Client , My I-94 on the I-797 is valid till March 2020 and online when i check I-94 its valid till June 2020.
H1b can be extended for 1.5 years more .Have approved I-140 from Jan 2020 .

My Question - Can they change the client now at this time when H1b extension is in process , especially now they got RFE to submit the SOW of the client's for which they provided CIL ? wont it impact negatively on the extension case ?what are the options ?

Question 2:- If i change my employer can h1b transfer happen in this case as h1b extension is still in process ? and i have approved I-140 will USCIS give the extension beyond 6 years ? for the new employer ?
shall i wait for completing 180 days with my current employer ? and then switch , although my current employer is okay to leave I-140 approved even if i leave , will this be questionable from USCIS ? also does 180 days crietria means that one has to serve the current employer who raised I-140 for 180 days otherwise there could be a problem later on for employer B to apply for extension beyond 6 years , incase company A withdrew after 180 days ? I am worried on this please clarify what are my options ?
Thanks & Regards !
Nisha
 
#12
Hi,

I have been working for my current non-profit employer A on a cap-exempt H1b.
I am currently on 6th year of cap-exempt H1b.
My i140 is on track to be approved in a few months.
I have never been counted in the cap-subject H1b(lottery)
I have a for profit employer B which has an opening and is willing to file my cap subject H1b lottery this year.

If my cap-subject H1b(lottery) is approved for employer B it will be approved for a limited time of few months (remaining time in 6 years).
Question 1 : WIll I be eligible for a 3 year extension based on approved i140 which was filed by a non profit employer A?
Question 2: Will I have to first get my 3 year extension on cap-exempt H1b(based on i140) and then move to working on cap-subject H1b?
Question 3: Should I wait for 180 days after my i140 is approved with cap-exempt h1b before moving to a cap-subject h1b?
Question 4 : Follow up to question 3, If my h1b is picked up in lottery, when can I begin working for new employer B? October 1st?
 
#13
Hello Rajiv

Thanks for taking this question. I have been in the US for last 12 years on H1B visa and have I140 approved with my employer. If my client and the employer agrees for me to work from India for the next couple of years,
  • Can I work as an independent consultant for the client directly? If so, do I need to setup a LLC in the US or in India for salary and for taxes?
  • If I work through my employer, can I stay out of the US for such a long time and can they renew my H1B?
  • Are there any other better options?
 
#14
Hello sir, I looked at all your earlier responses given to others, they are very helpful. I need some clarification on below

I joined back to same employer and same position (same client as well) on H4-EAD in Dec (on spouse H1/i140) as L-1A expired (Dec) and i140 EB1 (submitted/yet to be approved) was filed in Jul 2019 by my current employer. I saw in one of your response that we need to maintain H1/L1 status while i485 is being filed but with the way the EB1 priority dates, it would be difficult to maintain L1A status (and we can't even extend as H1's do if i140 approved) but atleast we can continue on H4EAD or work from India.
My question are as follows
1. What will be the impact on i140 processing (Current Processing timelines shows Feb 2019) while we are on H4 EAD.
2. Whats impact on i485 if we still continue on H4 EAD and i140-EB1 gets approved while on H4EAD.
3. Do we have to be on H1/L1 when we file i485 (dates are not current to apply) or if we can maintain same role in India or work in US with H4EAD will that be ok? I heard there is option for counselor appointment as well to get EAD from India.
4. can we file i485 (when it is current) while i140 is in-process(submitted/pending review)? I heard there is no more concurrent filling, is that Correct?

What are your other recommendations.

Thanks in advance for your response.
 
#15
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.

-------------------------------------------------
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30 PM, EST
End Time: 1:30 PM, EST
Call Date: 20 February 2020
-----------------------------------------------------
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.
Situation:
I am currently in US on L1B from Employer A (petition and I-94) valid till Feb 2021 and would have another 2 years to max out (Feb 2023).
My current employer is not supporting to file H1B, so I want to apply for H1B consular processing through another employer B this year, so that I can initiate PERM/I140 and secure an early priority date.
I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport.

Assuming my H1B would be picked & approved in 2020 with 2-3 years validity, I have below few queries:
Questions:
1. Can my H1B (if approved for Employer B) be transferred to Employer A, while I continue to work for Employer A?
2. How long can I wait (and continue working for Employer A on L1B), before going for H1B stamping and start working for Employer B (assuming Employer B would not revoke my H1B anytime soon).
3. Can I change employer i.e., work for Employer C immediately after I get H1B stamping done?
4. Suppose my current employer A initiates GC process based on L1B, would there be any challenges in PERM/I140 approval, if my current L1B petition is expired and under extension.

Thanks for your feedback.
 
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#16
With changes to H1B application process this year, would there be any challenge to file more than one H1B petition through separate employers?
 
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