Recording for September 15, 2022 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 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: September 29, 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
 
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Working or driving for Uber in the U.S. on H-B or F-1 visa

Can I Register my car on Uber while on F1, Opt or H1B, or Can I make Amazon as my full time business while on F1 or OPT
 
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H-4 to H-1B status: Filing, forms I-539 for COS and form I-765 for H-4 EAD together

Hello Sir. I filed form i539 for COS from H1B to H4 and form i765 for H4 EAD on 05/18. I requested the starting date 02/01/2023 assuming it will take approx 8 months to approve so I have enough time to receive H4/H4 EAD and I can continue my current job on EAD and there is no employment gap. My both cases were approved and received the approval notices and EAD card as well but I received 2 approvals notices for H4 , one with notice date 08/23 and another one with notice date 08/24. Notice date 08/23 has starting date mentioned as 08/23/2022, although I requested 02/01/2023 and Notice date 08/24 has starting date mentioned as 02/01/2023( matching with what I requested in application). EAD card and approval notice has correct dates which I requested i.e. 02/01/2023 and no issue with that. I believe they have sent 2 notices for H4 approval because they corrected the start date as per requested date in application and I should consider the latest notice(with notice date 08/24) for COS effective starting date. I believe I can continue my current job on H1B till 01/31/2023 and then same job on H4 EAD starting from 02/01/2023. Could you please confirm if my understanding is correct?
 
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Filing for I-485 application based on the recent approval of EB-1A I-140 petition: Can changes be made to the DS-160 application regarding out of status query?

Hello,

I am filing for a I-485 application based on recent approval of my EB1A I-140 petition.
In the past, I went out of status for about 60 days, due to loss of employment (This incident happened prior to USCIS allowing 60 day grace period). I left the US, applied for a new H1B based on new employment and came back to the US. During the interview I was never questioned about my out of status time. Right before my biometrics, I was asked to do a name correction. I found a computer station nearby and completed the DS160 in a hurry. I am almost certain that I answered 'yes' and gave an explanation to the violation of US visa question based upon the out of status time. Since the DS160 was changed last minute, I was wondering what happens if I accidentally answered 'yes' to the question above or below the actual question? Will this be considered misrepresentation, if yes, is there a way to fix it?
 
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FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?

Namaste Rajiv Ji

Follow-up Ques for Sept 01, 2022, Link to Original Ques:

Incorrect GC Category Question - Sept 01 Conference Call

Background:

1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B)
3) Downgraded to EB3 with Employer B (New Petition but using the same EB2 PERM with Employer B) In Nov 2020, Filed I-485 Concurrently
3) Change to a different Full-Time AC21 - Same or Similar Role (Employer C) - Using AOS EAD
4) I-485 Got Approved in E26 Category (EB-2) before any I-485J submission whatsoever.
4) Initiated an inquiry with the Congressman to confirm this card is legitimate for usage and no errors / issues; still waiting on USCIS Response.
5) Spouse's I-485 also Got Approved about 2 weeks AFTER this inquiry was already sent over to USCIS (E27 Category).

Questions:

1) Suppose that Congressman's written response from USCIS comes back affirmative for legitimacy of the approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more.

Should we still then pursue USCIS E-Request / I-90 submission avenues from our side - would it really be worth to continue stretching this any further at that point ?

2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ?

3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ?

4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid non-expired travel and work authorization ? In general, can you continue it's usage until the expiry date, regardless of your I-485 status ?

Dhanyawaad and Best Regards

Rahul Joshi
 
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I-140 RFE: Denial of the spouse's application for green card and filing H-1B petition and anticipated timeline for USCIS to deny the I-140 and then the I-485 and I-765/I-131approved applications

Dear Rajiv Sir,

Thank you for holding these conference calls!

Background: Both my wife and I are Indian citizens. My previous employer filed for I-140 EB3 / I-485 concurrently in Oct 2020. I have approved EB2 I140 from the same employer since Dec 2014. I left the employer three months after the I-140 EB3 filing. Both my wife and I received our EAD/AP card last year while EB3 I-140 was still pending. At the time, my wife was also on her own H1B status however she did not have an H1B visa stamped on her passport. During her recent travel, she used EAD/AP at the US port of entry and then also used the card to re-certify her employment I-9. Her H1B 797 expires in 2023.

Situation: Recently I learned that an RFE was issued for my I-140 EB3 case. My previous employer/attorney advised that they had not received any RFE and that even if they had received it would not respond since I am no longer there. I anticipate that sometime later the USCIS will deny my I-140 and then subsequently our I-485 petition / EAD card since the basis of that EB-3 I-140 would no longer hold.

Questions:

  1. I am concerned that as soon as our I-485 gets denied, my wife would lose her ability to stay in the US. Her CBP I-94 shows "DA" status. Her company's name also change recently because of an acquisition. Her employer's attorney told her that because she has been with the same organization all along, her H1B status would still hold and she need not worry about going out of status. The attorney is very confident. Is the attorney's interpretation correct? Can she travel outside of the US and get an H1B visa using the same I-797 (different employer name due to acquisition? The employer has provided her with a letter of record about name change if she ever needs it)
  2. As a precautionary step, her employer's attorney is also proactively going with another H1B petition for her. Would the petition approval, automatically convert her to H1B status or does she need to travel and secure an H1B visa to actually get H1B status? In all such situations, is India the only suggested place for visa appointments (super long wait times)? She had never an H1B visa on her passport.
  3. Starting from I-140 RFE, what could be the anticipated timeline for USCIS to deny the I-140 and then the I-485 and I-765/I-131approved applications?
Thank you!
 
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FAQ: Entry into the U.S. using the Advance Parole after green card approval during a trip abroad

Dear Rajiv Sir,

Thank you very much for your valuable information through these conference calls.

Background: Applied I-485 application under EB3 after downgrade from EB2 in 2020. Refiled another I- 485 application under EB2 in 2021. Received EAD/ AP combo card from EB3 application in Jan 2022. Used it to travel out of country in July 2022. Green card approved in EB2 category while out of country. Entered USA using the Advance Parole from EB3 in August 2022 as the green card was in mailbox in USA. At Port of Entry, I informed them about the approval of I-485. However, they paroled me in for 1 year until August 2023 and stamped Advance pare in my passport. I collected my physical card from mail box after reaching my home.

Questions:

1. What is my status now- Green card or Advance parole?

2. Any impact on my green card status with that AP stamp as I used AP from EB3 after approval of green card from EB2?

3. I did not receive any notice form USCIS about withdrawing EB3 application after they granted green card under EB2. Should I ask USCIS to cancel EB3 application or assume that it is automatically cancelled by USCIS?

Thank you
 
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Qualifications for DV Lottery

Dear Rajiv Sir,

I wanted to understand how to apply for the Diversity Lottery for Green Card. I am eligible for this program and I have a few specific questions regarding this Diversity Visa Program.

1) When does the application open this year?
2) If we apply this year when do we expect to get our Green Card?
3) If I apply for both Diversity Visa Lotter to apply for Green card processing via my employer as well
 
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Applying for U.S. citizenship for family

Dear Rajiv Sir,

I along with my family will be eligible to file for my citizenship this month And have the following questions

1. Do I need to file two different applications. One for me and one for my spouse?
2. My children are 22 years old and have their own jobs. Will they need to apply separately or can I file one application for all of us?

Thanks.
 
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Changing jobs after EB-2 NIW and green card holder leaving the employer for further studies

Hello sir,
1) If a person gets a green card based on EB2 NIW for his current and future (major) work in his field, but then after 6 months his plan changes and he plans to do something else, will this revoke his Green Card?
2) What if a company files for Green Card for a person, and then after that filing, the person leaves that company to pursue further education, what happens in this case? Does he need to wait for certain period of time before he can make this shift or only shift after Green Card is received?

Thank you!
 
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Change of address, issues when moving from the U.S. to Canada

Namaste Rajiv ji,

My company's office is in Michigan-metro Detroit and that was the work location called on my LCA and H1B petition. As a Canadian PR, I moved across to Windsor and live in Canada. My manager allows me to work from home/Windsor and cross into USA only couple days of month when needed in person. Does it still need H1 amendment to include my Windsor home address as work location? My home in Windsor is within 50 miles/standard commuting distance of our Michigan office if that is deciding factor, as I gather. You mentioned before about intermittent H1B when employee is present in US only partially, however is there some field on i129 or different form to be included for making H1B "intermittent" as I couldn't make out looking at i129/LCA which was approved for this job.

I have asked filing attorney about it and also if there is any online change of address for moving from US to Canada that I need to report w.r.t. to this previously approved i129. Sadly no response as apparently they were only hired for filing paperwork and just don't want to deal with any follow-up like this. Seeking your guidance please, as you have kind to offer this community service over decades. Thanks much!
 
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Diploma level in the DV2023 winner category

Namaste sir, am dv2023 winner and I have a question regarding the diploma issue, my highest education is three year diploma post secondary and in the US system I recently just found out that Diplomas are low which is different from our system, I was wondering whether I should unlock my Ds260 to correct and put high school degree or not, I will await the response, thanks
 
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Can I travel overseas for H-1B stamping without Advance parole while I-485 is pending?

Hello Rajiv,
My i-485 is pending and I am on H1b status. However, I don't have the H1B stamp or Advanced Parole yet. Can I travel overseas for the H1B stamping without an Advanced Parole? Does traveling overseas without an Advanced Parole affect my pending i-485?
Moreover, does a pending i-485 impact negatively during the H1B visa interview?
 
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What are the chances of getting a H-1B visa approved if you get denied after RFE or NOID?

Hi Rajiv Sir,

I applied for H1b before opt end date through premium processing but received rfe. Main reason being LCA not filed. Another application was done through lawyer as suggested by lawyer that we need to apply again as the previous rfe is unresolvable coz Lca nor filed.
Later we received NOID for both applications. Now we are going to withdraw old application and explain why we did new application. Do you think we can add something more to increase the chances of acceptance? Also what are the chances of h1 getting approved in cases where NOID is received. Thanks a lot for your help and time.
 
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