Recording for November 10, 2022 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: December 01, 2022
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

 

[amitgupta]

Change of Status from H-4 to F-1 and H-4 EAD Premium Processing

Rajiv ji,
Can
1. My wife (presently on unstamped F-1 status through COS from H-4) travel to Canada and travel back by next same day flight to change status to H-4 (already stamped) again?
2. can H-4 EAD be filed in premium?

Regards,
Amit

 

[amitgupta]

FAQ: Retaining Priority Date after I-140 withdrawal and getting an H-4 EAD for spouse on an approved I-140 from an old employer

Rajiv ji,
1. If I change job within 6 months of receiving I-140 and my employer withdraws my I-140, will I loose my priority date too?
2. Can we file spouse's EAD on I-140 from previous employer after changing the employer ( if new employer has not started I-140 process again)?

Regards,
Amit

 

[jhafarshaik991984]

FAQ: Can a new employer file I-485 using an old employer's I-140?

Hi Rajiv ji,

My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted few months ago.

Questions:
1) Is it safe to use the EAD/AP (or) would you recommend to stay in H1B until I-485 is approved?
2) What are my options?
3) Will this filing considered to be fraud/misrepresentation (or) Would you recommend to withdrawn my I-485 application?

Thanks,
Jhafar

 

[JaswinderSingh]

FAQ: Applying for an EB-5 investment green card investing in an IT company while on F-1 student visa; petition requirements; job creation; processing times, etc.

Hi Rajiv Sir,

My sister has been on F-1 status, current on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.
1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?
2. Does the count of hiring U.S. residents begin after company is founded or after I-526 application is filed?
3. How long it will take to get conditional green card? How about non-conditional?
4. Is it a good idea to file now while on OPT-EAD or wait until she get H-1B? She has another 2.5 years remaining on OPT.
5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?

Thanks!

Jaswinder

 

[Kantilal]

Changing follow to join to accompany for a documentarily qualified NVC interview for derivative beneficiary

Sir,
My daughter's immigration is documentarily complete at NVC and is awaiting schedule of interview at Indian consulate. Her son is derivative on the petition, he is "follow to join". He will turn 21 years in 2023.
1. If we change her son from "follow to join" to "accompany" and submit the paperwork, will this delay the scheduling of the interview?
2. Can we make this change after consulate interview is scheduled?
Thank you,
Kantilal

 

[vinnyt]

Changing work speciality while on H-1B (IT to Sales)

Sir,

I am currently on H1B visa, working in a tech job. My bachelor's degree is in Computer Science as well. I am thinking of changing my career to Sales. Most probably, it is going to happen within the company I currently work at.

1. Given that H1B requires a Bachelor's degree in the related field, is there a work around for filing an H1B amendment for a sales job or do I have to get a bachelor's degree related to sales?
2. Is it better if I wait until my employer files I-140 and then change my field?

Please let me know how to make this process as easy as possible.

Thank you,
Vinay

 

[sdmn]

FAQ: Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

Hi Rajiv ji,

I had filed for my parent's green card in July'2022. It is concurrent filing (i-130 + i-485 + i-131 +i-864)
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.   
The Advance Parole (i-132) shows processing time of 11.5 months and i-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their i-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

1. whether I need to withdraw the i-130 petitions that I had filed for them ?
2. will this impact their existing B2 (visitor) visa? Will it still be valid?

Requesting your guidance urgently to legally end the green-card processing and their return to India before expiration of i-94.

Regards,
SD

 

[harnoorkapoor]

Requesting an expedite request to the USCIS for an emergency

Good Afternoon,

My attorney filled out my marriage-based green card(I-485) along with I-765, I-130, and I-131 earlier in January 2022. I received a notice letter on January 12th and got my biometrics for I-485 and I-301 by February 22nd. I received my I-765 (EAD) on June 14th and haven't heard anything back from USCIS since that date. This is where it gets confusing, since the last 9 months I never received my biometric for my travel documentation or any update on any of my cases. So I ended up sending a constitutional inquiry through our OHIO state Senator's office in response they asked me to send evidence to expedite my case

What I want to know:
My mom has knee surgery on December 5th, 2022 and It's very important for me to be there before that date. I am planning to schedule an appointment for emergency travel on a medical basis:

- What is the best way to schedule an appointment for an emergency appointment?
- Secondly, should I be expediting my case through a senator as well as applying for an emergency visa at the same time ? what do you suggest?
- When should I be getting the appointment if the surgery is on December 5th?

Looking forward to speaking with you
Thank you

 

[AshNeet]

Establishing STEM OPT extension eligibility

Sir, I asked this question in Sep 29th call but need a followup :
I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree?
This is the part that I need followup: Does the Masters Degree also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT? In other words, can I do the post Masters STEM OPT even if I did a non-STEM Masters but I did a STEM Bachelors?

 

[supreet]

EB-2 and EB-3 I-485 pending applications and travel

Hi Sir,

We have EB2 and EB3 I-485 pending applications with a priority date of Oct 2013. We both have received AP/EAD combo card based on EB3 filing and only EAD based on EB2 filing. USCIS have denied both of ours I-131 travel applications for EB2 filing with a reason that we already have the travel document. On September 27, 2022, all of our I-485s were transferred to NBC. My questions are as follows:

1. If we travel with EB3 AP, will there be any issue with EB2 I-485 filing?
2. Since our applications were moved to NBC, does that mean they have assigned the visa numbers or moving towards the next step? Or They are just load balancing the workload?
3. Do you think dates become current again in next six months in either of EB2 or EB3 categories?

Thanks!

 

[KajalKaur]

Eligibility for EB-4 visa category as religious worker

Hi Rajiv Ji,

I am on F-1 visa have been living here for 8 plus years. I have completed BS in Computer Science and currently on OPT-EAD. I have been also volunteering at the religious place for 5 years working as a religious teacher. I want to know if I am eligible for EB-4 visa category as religious worker. Please advise.

Thanks!

 

[adwait215]

Transferring approved H-1B without stamping

Hi Rajiv,

I am currently in India. I have approved H-1B petition but company is not giving clearance for Visa. Can I apply for other companies in US and do H1 transfer even if I haven't done stamping yet?

thanks!

 

[v3s]

Interfiling EB-3 to EB-2 after using Advance Parole

Hello Rajiv, I have AP based on my EB3 and planning on to use it for our upcoming travel next month. Me and my wife are both on H1s. However, my kids used GC EAD.
I started new perm labor process for EB2. My question is, if we use the AP, are we, in any way married to EB3 and can't use EB2 once it is approved ? FYI, my PD is Sep 2012.

Appreciate your help.

Thanks,
Sri