Recording of June 24, 2021 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'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: 08 July 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.

 

[Nirav Bhatt]

FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA

Hi Rajiv JI,
My father visited me last year on 12, Feb 2020 on B1/B2 visa. & due to the covid situation, We had extended his visa online till 10 Feb 2021.

He had already gone to INDIA on 5th Feb 2021. To this date, we have not received anything from USCIS.

We have received his fingerprint appointment in June 2021. but he is not here in the USA.
He cannot go to fingerprint anyway because he is not in the USA

My questions are

1. Will his extension will be denied without a fingerprint? If yes then
2. Would it be any impact on a future visit or getting visa when it gets expired?
3. what should we do to let USCIS know about his absence in the USA?

Thank You

Nirav

B-1/B-2 Visa Extension
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_______________From Xenon_writer______________

Hi Rajiv,
My mother-in-law visited US under B1/B2 visa on Dev 8, 2019. Due to Covid-19 lockdown, we had to file extension I-539 on April, 2020(45 days before her I-94 expiry date of June 8 , 2020).
>>She had her biomoterics on Oct, 2020. Then she returned back home on Nov 4, 2020 which is before 1 year period of her stay.
>>On March 20, 2021 we recieved a letter from USCIS for RFE. We sent a letter stating that she left and during her stay we sponsored her stay. We did provide Visa details, return ticket, her stamping of leaving the country etc.
>> May 21, 2021, we recieved denial letter from USCIS stating not enough evidence was provided to support extension.
>> May 22, 2021 we received notification that USCIS has reopened the case to re-evaluate the decision they have made before.
>>Now it is still in pending status with USCIS reviewing for decision.
In the meantime, we have added letter stating that we sponsored her stay and also attached bank statmement. Attached her tickets back home, I-94 record of leaving the country in the application portal.
Since its been almost 8 months she has left, we are trying to see if she can come back again in US. Does she need to wait till USCIS decision for extension of previous stay even though she has left before 1 year period?
What happnes if they deny extension again? Does she need to reapply for B1/B2 visa? Appreciated for your answer in advance.

 

[dpnnerd0789]

F-1 Continuing Students (OPT) Entry to the USA from India after July 2nd
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Rajiv ji,

USCIS has answered at AILA meeting hearing that F1 students on OPT can enter United States after July 2. There is no clear information on F1 students who are still studying.
Consulates in India are saying that continuing/returning students with active SEVIS status can also enter after July 2. I have personally received this response several times.
Can we use this information/email and try to board the flight?
Do we also have to confirm with CBP?
School DSOs are refusing to reassure students.

Thanks,
Madhu

 

[vaidya99]

Is an Online Master's Degree Recognized for H-1B
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Hi Rajiv ji,

I am currently on an L1B Visa and will complete my 5 year max duration in June-2023. So I want to apply for an H1B visa for next year. Is completing Online Masters eligible for H1B under Masters quota? Does USCIS consider Online Masters on par with On-Campus programs? Are there any other requirements for Masters Quota. Please advice

Thanks in advance

Thank you,
Srinivas Vaidya

 

[prasadpp]

Intra-Company Transfer Work Permit Visa; H-1B stamping
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Hello Rajiv ji,

hope you are doing well.

I'm currently in US working full time for an fortune 200 American employer since 2016. I got into H-1B in 2017. I-140 approved in 2019. My first H-1B stamping was done in Ottawa, Canada in 2017. My current H-1B approved valid Sep-2020 to Aug-2023. I have an H-1B visa appointment confirmed in Ottawa, Canada in Aug, 2021.

I got Intra Company Transferee work permit visa approved to move from US to Canada to a Canadian subsidiary branch located in Ontario, Canada in July, 2021. I'll be moving to Canada in July, 2021 and working for the same employer.

My question, Can I still go for H-1B stamping in Aug, 2021 while I'm already working as an Intra company transferee with the same company in Ontario, Canada since July, 2021?

Do I need to get anything from my employer before going for H-1B visa stamping?

Would you please advise any special precautions or steps need to follow in my case to avoid any issues?

Thank you!!!

-PP

 

[zoomer123]

CPT to H-1B Change of Status
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Hi Rajeev Sir ,

Currently I am Persuing My Second Masters (CPT ) With University of Cumberlands and I am Having my CPT till Aug 2021 and My Program also Gets ended by This Semester and This Year MY H1B Got approved and This Comes to effect from OCT 2021 .
1) What is my Current Situation after AUG 2021 Can I work ?
2) Do I need to Join other Masters ?
Your Inputs are Highly appreciated!

Thanks ,
Ram .

 

[gajananmante]

EB-5; Child Status Protection Act for Son; Consulate Appointment for Daughter to Study in USA after 12th Grade
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Hello Rajiv Sir,

I filed EB5 i526 petition on December 8, 2016 and it got approved on February 23, 2018. At the time of filing my son's age was 19 years and 5 months. After approval we gave interview on February 14, 2019 and at that time his CSPA age was 20 years and 5 months and his actual age was 21 years 8 months. But on the day of interview our visa was rejected and the case was sent back to USCIS which was reaffirmed on June 3, 2019. At present our file is in Mumbai consulate and we are awaiting our interview date.

1. Can you please tell me if my son is still protected under CSPA and if need arises to explain officer the same thing, how can we do it?

2. My daughter is going to complete her 12th grade soon and we want to move to US for her under graduate studies. Is there any way to get an appointment scheduled from the consulate so that we can immediately move after she finishes her 12th grade?

Thanking you,
Gajanan Mante

 

[nikranade]

FAQ: Changing Multiple Jobs While AOS I-485 is Pending - Consequences

Rajiv ji,

Employer A filed I-140 under EB2 category. PD: Aug 2014

Left A and joined Employer B

B did concurrent filing I-140(under EB3 category) and I-485 in Oct 2020. Because EB3 PD was current as of Oct 2020. But later EB3 dates retrogressed to Jan 2014. Employer B I-140 is approved in May 2021.

My I-485 has been pending for more than 180 days and I-140 is approved. Biometric is done. EAD/AP is pending.

Got a job offer from Employer C. C is ready to file H1b.

Questions: 1) Is it safe to change jobs in this situation. Are there any risks?
2) Should employer C file for I-140 again?
3) What all should be filed by employer C to make sure the green card process is continued without any problems? is I-485J enough or he should file anything else?
4) What happens to I-485 if Employer B revokes I-140.

Thanks a lot

 

[Hrz1]

Ten Year Multiple Entry Visa Rules and Requirements; Time taken to get a Green Card for a Refugee; Green Card Holders starting a Business
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Hello Rajiv sir,
Thank you so much for answering these:

1) Can the ones who have USA visit visa for 10 years stay for the entire 10 yrs here, by just doing one tour every 6 months out of the country?
2) What is the quickest way for a UAE born Indian citizen to get the green card in USA? How long would it take via EB-2?
3) Can a person holding Green Card start his own business in USA with no restrictions?
4) How hard is it for a family to get a green card in refugee status in USA given that their life is at a risk in their home country? Would their chances improve if they are present in USA? How long can it take and what are the chances of success?

Thank you so much again

 

[vikingvns]

I-485 in process using EAD/AP with H-1B Status; Time taken to get a green card after the final action date is current
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Hello Rajiv ji,
Thanks a lot for taking these questions --

1) My green card (I-485) is in process at the moment and the fingerprinting is done. Now awaiting the Advance Parole and EAD. If I travel outside US on Advance Parole, and re-enter on AP, will I still keep my H1 status or will I lose it? I am a bit confused because when I talked to a few lawyers they said that I would lose the H1 status and will be on EAD status from that point onward, is that true?? Needed some guidance as to what is the exact rule in this regard?

2) My fingerprinting got done around May 20th, 2021. And My final Action date is current right now. So just curious, how long will it take approximately, before I get --
A) my I-485 approved?
B) Get the actual Green card in my hand?

Thanks So much again....

 

[noorahmad]

FAQ: I-129 Nunc Pro Tunc Request

Hi Rajiv Sir

My company has filed for I-129 Nunc Pro Tunc and I am expecting a response this week. I am bit confused for my visa stamping vs automatic revalidation. Automatic revalidation will only update my I-94 entry/exit status or will I also get a new visa either from Canada or Mexico. Would be grateful for response for the below questions.

1) Can I can get my H1B visa stamped from Mexico or Canada after I-129 or I-129 Nunc Pro Tunc approval with expired visa and expired I-94.
2) If USCIS approves my I-129 Nunc Pro Tunc request, can I go to Mexico or Canada to get visa stamped or revalidate my visa.
3) If USCIS doesn’t approve my Nunc Pro Tunc request but simply approves I-129 petition, can I still get my visa stamped from Mexico or Canada.

Thank You.

 

[Maulinshah63]

NVC Mumbai Interview Schedules
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Hi Rajiv,

I am LPR and got married in India. Our priority date is 15-Aug-2018 and NVC approved our documents on 12-Jun-2020 and said they are waiting for interview to be schedule at Mumbai consulate. It's been one year, and still no response.

Do you know which priority dates Mumbai embassy is conducting interview's for F2A (F21) Visa category ?

 

[Chipmunk80]

Green Card Renewal Process and re-entry permit starting January 2021
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Hello Sir,

Thank you for the wonderful job.
1)have read that from Jan 2021, green card renewal receipt comes with work authorization permit. so one does not need to file for work authorization. Is it true sir. If so how about re- entry permit. is it a separate filing.

2)if green card is denied how long can stay in the country. Till the expiration date of old green card or need to leave immediately.

3)is there a call for the interview for the renewal.
thank you
d