Recording for January 05, 2023 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

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 will be addressed first and these FAQ 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: January 19, 2023
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.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us: https://www.immigration.com/our-fees

 

[Nev Vas]

Calculating the number of days outside the U.S. during the naturalization process

Hello Rajiv,

1. received my green card July 1 2018, was in the US for 35 days ( until August 4, 2018 ) immediately applied for a reentry permit and left the US with the reentry permit for about 13 months ( from august 4, 2018 and returned on August 15, 2019 )

2. completing 5 years of green card on July 1, 2023

3. For purposes of calculating 2.5 years (913 days) to apply for naturalisation…is it from the original green card date ( July 1 2018 ) or is it from the date of returning to the US after 13 months with reentry permit ( that is from August 15, 2019) ??

4. If it’s the latter ( from august 15,2019) , then is the initial period of 35 days ( prior to leaving for India ) a complete waste ( not counted towards the 2.5 years ) ? Also is the 12 month and 2 week period ( August 4, 2018 to August 15, 2019 ) also not counted towards the 2.5 years minimum required to naturalise ?

5. In which case what is the 4 year 1 day rule that one hears about and would that apply to me ? Or not at all ?

6. Once I complete 913 days by April 25, 2023 ( including the initial 35 days before I left with the reentry permit in hand ) can I immediately apply for naturalisation ? Apparently one can apply 90 days prior to 5 years ? Or do I have to wait until July 1, 2023 when the 5 year of green card is completed ?

7. What is the best way of explaining a single 9 month absence from the ( without reentry permit ) at the height of COVID in 2019 due to medical reasons while preserving US ties including filing taxes ?

Thanks

Nev

 

[akkashu]

Renewal of F-1 OPT visa (documents required) and Change of Status to H-1B visa

Hello Rajiv,
I am a PhD graduate working in GE as a lead mechanical engineer under my OPT.
My OPT started from Fec-2022 and I have 2 more year of valid OPT period.
I am planning to travel to INDIA to renew my F-1 VISA in January 2023 through 'Drop In'.
I am planning to submit the H1B application through GE in the first 2 weeks of January.
I will return to USA by March-10-2023. (Before the H1B application deadline.)
Questions:
1) What are the documents I need to submit through Drop In (Given that I cannot submit everything as much as I could have if I had to go through interview)?
2) Given that I submit all the required documents, what is the risk of F-1 renewal rejection in the scale of 1-10?
If the VISA is rejected.
3) What are the next best options I have to get back to work in USA?
4) How will the H1B application be affected by this.
5) Is reapplying for F-1 VISA still an option.
6) If yes, can I still apply under OPT or should I get into post doc position in any university to do so?
7) Is there any other VISA process which I could get through given my qualification and my manager is willing to help me with any letters or legal processes.

Thank you
Akshay Mallikarjuna

 

[HK23]

FAQ: Effect of typos on immigration documents

Hi Rajiv,

One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA?

Documents that he has now:
Passport
EAD with incorrect DOB
Offer Letter of the new company
OPT Approval
i-20

If he is likely to have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?

Thanks,
HK

 

[Dhrj1]

FAQ: Concerns about EB-1C Green Card Portability

Hello Rajiv Ji,

Thank you so much for your response to the earlier query.

How does EB-1C portability work?

I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date.

For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers.

My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options.

The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.

Please advise. Many Thanks
Dhrj

 

[Dhrj1]

FAQ: Who is required to pay for an EB-1C Green Card?

1. Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer?

2. Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer?

3. Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know?

4. Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?

Blessings, Thank you so much for your time and efforts.

 

[JZ_SE]

FAQ: Can too many parking tickets affect Green Card or Citizenship process?

If someone gets around 50 parking tickets in a year, how would it affect visa / GC / citizenship?

 

[priyank87]

Travelling outside the U.S. on Conditional green card and applying for Reentry Permit

Hello Rajiv ji,

April 2021 - I-526 got approved
June 2021 - I-485, I-131 & I-765 submitted at USCIS
February 2022 - Got AP/EAD
May 2022 - Given biometrics for I-485 at USCIS
September - I-485 approved and got Conditional green card

My question is I will travel to India for 5 months on conditional green card so I ask my lawyer to visit India for 5 months and they told me if you leave US more then 3 months we recommend to apply Reentry Permit and they give me estimated amount of $4320 so I fill a Reentry Permit I-131 form my self and submitted to USCIS on October 2022. USCIS reuse my previously captured fingerprints but my I-131 is not approved yet so I can travel without I-131 approved?

 

[amitgupta]

F-1 to H-4/H-4 EAD Change of Status

Rajiv ji,

My wife is on F-1 status right now and we need to apply COS to H4 and apply her EAD.
Can you please recommend better choice out of below options for faster EAD-
1. Visit to Mexico to switch to H4 and then apply EAD or
2. Apply I-539 for COS and I-765 for EAD together

Regards,
Amit

 

[murali529]

FAQ: US Citizen child living in India applying for parents' green card at the age of 21

Hi Rajiv,
My cousin’s family relocated to India from the US. They have a US-born daughter who is a US citizen.
Now the daughter wants to come back and study for a bachelor's in the US.
Once she turns 21, can she sponsor the Greencard for her parents?
If so, I would like to know details about the process and timeline involved.

 

[murali529]

FAQ: Options to upgrade to EB-1C as an International Manager or Executive

Hi Rajiv,
My PD - July 2014 EB2. I have a pending 485 and got EAD and AP.
I’m a manager in my current company and manage teams in India and US.
I would like to know how to upgrade to EB1 as International Manager.
Is it required that I work outside the US for one year?
If I visit India and work for 3-4 months, can the accumulated time over 2-3 years be used for upgrading to EB1?
I would also like to know if we can renew EAD from India and keep the current 485 processes on track.

 

[mahen@immigration]

EB-2 to EB-3: Can a new I-140 be applied in EB-3 using EB-2 PERM; Can one still refile/interfile I-485 using using EB-3 I-140; If a new I-140 in EB-3 is applied, what limitations would one have to change jobs?

Hello Rajiv,
I have an EB2 I140 approved with 2013 priority date. I have applied for 485 in 2022 and received EAD. I am currently employed with the same employer with whom I have my EB2 140 approved. With EB3 now ahead of EB2, I would like to be prepared for the situation if my date is current in EB3. My questions about this are;

1. Can a new I140 be applied in EB3 using my EB2 perm without impacting my current 485 application?
2. If I use my EB2 485 EAD, can I still refile/interfile 485 using EB3 I140?
3. I know I can use AC21 to change employers but If a new I140 in EB3 is applied, what limitations would I have to change jobs?

 

[Rajiv S. Khanna]

Can Political Asylum EAD seeker invite spouse and children to the U.S.?

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Q: Is it possible/advisable to apply a Visitor Visa or Any other Visa for the family (spouse & kids) of a person whose Political Asylum application is pending with case status as "Next Step is Interview" ? If so what are the supporting documents required and what are the chances of approval ?
Hi Rajiv,
As I mentioned above, is there a way to invite family members from India when a person is on political asylum EAD in USA. This question is for one of my Neighbor who is depressed a lot about meeting his family since it has been 7+ years he left India and moved to US. If it is possible what are the chances of visa approval and the major supporting documents required for it.

Thanks

Sorry, we do not provide any services for political asylums.