Recording of April 02, 2020 Conference Call

[DEEPAMENON]

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: 16 April 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.

 

[katraj]

FAQ: Applying for green card for parents who are visiting/in the USA

Hello Sir, Can you please help me with the below situation

if we file green card (I130 and 485) to parents and If we gets the receipt number for 485, can they stay back in US until the 485 application in pending or what is the criteria to be in US legally.. return to India is on 20th April so want to check..

 

[akkhi03]

FAQ: Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

Hello Sir,

My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)? Please help me with this. Appreciate your time and help.

 

[imfine]

FAQ: Covid Coronavirus H-1B employee furlough's impact on green card and H-1B

I currently have an approved I-140 with my former employer which is past 180 days. I'm on my H1b (exp May 2021) with my current employer, now my current employer has furloughed me for 90 days and asked to return to work after the furlough period. During this time I'll be paid 20% of my salary or could use my PTO (200 Hours). What options do I have to maintain my status during the furlough period? Can I take paid/unpaid leave and go back to work for the same employer or do I need to find a new job?

 

[c3divya]

Hi Sir,

I'm on my OPT, and my 1 year EAD (Employment authorization Document) expired on Feb 10th 2020. I submitted my EAD extension documents to USCIS on Feb 10th. 2020 but they reached the USCIS office on Feb 11th 2020. Due to my HR inadequate knowledge about the whole process, my documentation work got delayed.

On March 18th 2020, I received a denial for my EAD extension on the basis of Title 8, Code of Federal Regulations, Part 214.2(f)(11)(i)(c) which states that the form must be filled 90 days prior to the motion.

As the whole situation was not under my control, I would like to file a motion to reopen and reconsider my application.

I want to know which reason can best justify my delay and will help me to change the decision made by USCIS

 

[Thalacheeru]

FAQ: Covid Coronavirus Converting to B-1 B-2 status

FAQ: Covid Coronavirus, H-1B denial

HI Sir,

My employer has applied my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice.

Q1: how many days I can stay in usa after denial. (my I-94 has expired Jan-25-2020)
Q2: another employer is ready to file another H1B petition but don't have premium process, please advise further step.
Q3: due to current position my current employer is going to file B2 visa for staying at USA until travel ban is opened.
Q4: I cannot travel with out passport and Indian visa for my baby.
Q5: if I convert B2 visa now after approval My new H1 B petition can I change my statues to H1B and USCIS will approve my status change from B2 to H1B.
Q6: please advise based my current position.
Now I have new born baby and I have applied passport 2 days back I am not sure how many days it will take getting passport for my baby.

>>>>>>>>>>>>>>>>>>>>>>>>>>From Nisha<<<<<<<<<<<<<<<<<<<<<<
hello Rajiv ji ,

Have similar question as "Thalacheeru" the difference is have not got denial yet ,


Current Employer A - H1b extension in Process got RFE
I-94 - Expired of current employer -A
Previous employer B - H1b is valid till July 2020
Previous employer's I-94 is valid till July 2020 (Question 1 :-not sure if this becomes valid or still is valid in my current situation )

My situation is H1b is under extension from my current employer- A , but got RFE and time line given by USCIS to respond back is May 10 2020 , asking for the SOW of the project and currently all the new projects are cancelled and the vendor contracts have been terminated effective immediately.Though My company is searching projects within US but we cant say, as the situation is uncertain .

My question 2 is - If i didnot get any project , so is there a chance that my employer cannot reply to RFE and i am asked to go back to India till i get a project , so in that case does it mean that i will have a gap in my H1b extension from the time i was on bench ?

I am asked to work on company's internal projects (as i am full time employee) but those projects are short term like 15-20 days -
Question 3- is it legal to work while i am in 240 days period waiting for my extension approval ?

Question :-If employer raises B1/B2 visa how long will it take to get stamped in the current situation ?also can i apply by myself for the tourist visa meanwhile or i will be requiring employer's consent to apply ?

I have my previous employer's(Employer B) H1b valid till July 2020 ,
Question 4:-whats the process or procedure to go back with my previous employer ,
in that situation still my current employer will have to respond to H1b RFE extension ? or i am safe in case i go back to my previous employer ?

Question 5:- at this current moment what is the instructions from USCIS because of travel restrictions esp. international travel?


Regards
Nisha

 

[pranay kumar]

FAQ: Covid Coronavirus changing H-1B home office location

Hi Sir,

Hope you are safe.

I recently got approval for Work From Home, from my client. So my work location will be my home.
My H1B Amendment is filed.
Because of situation, I have to change my home i.e work location, within same MSA.

Is this a good idea to change home, since the application is not yet approved.

Also, if we can change the house, just updating AR-11 will suffice?

 

[inforanjan]

FAQ: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card

Namaste Rajiv ji,

Can you please speak about effect of accepting unemployment payments on future immigration benefits (green card, naturalization etc)? Is unemployment payment considered within scope of public charge?
Thanks
Amit Ranjan

>>>>>>>>>>>>>>>>>>>>>From Sue<<<<<<<<<<<<<<<<<<<
Hello Rajiv sir
Not a reply but an expansion to this question
I’m trying to help several families who already have Green Cards but lost their jobs due to Covid19. If they receive unemployment or food stamps benefits would that affect their citizenship negatively?
Thanks and be well
Sue E

 

[kaildvmash]

Dear Sir!
I am a Veterinarian.
My current employer had filed for my I-140, after PERM, which has been approved and is past 180 days mark.
My current H1B is good until Aug 22.
Can I change the employer now.
What the new employer will have to do in order to hire me without affecting the priority date.
Please and thank you!

 

[Bravo2020]

FAQ: Covid Coronavirus loss of job while in AOS I-485 period

What happens if somebody on H1B loses job while in AOS ( interview done)? Can he/she be without job for an extended period of time? Does the status change to AOS automatically?

Have you seen a rejection in I-485J that’s filed after change of employment under a SOC code that’s not same as earlier SOC code but Job Description is similar? What happens if I-485J is denied? Does USCIS allow a new I-485J to be filed?

Additional context and questions:

I am on H1b (AOS pending over 180 days, received EAD, category EB1C, interview done) PD September 2016.

I have a job offer and new employer is filing my H1b and H4 for my dependents.

Question 3. My wife is working on H4 EAD valid for 2 more years. Can she continue to work if her H4 through my new employer is not approved before I join the new employer, after my H1b is approved?

Question 4. If I lose my H1B job will I be out of status? How long can I stay in USA without a job.
Will it impact my wife’s job? Can she switch to GC EAD and continue working?

 

[amahesh5]

FAQ: H-1B lottery winner employee change of employers

I had filed my h1B application with my Company. The application got picked and approved by USCIS in the 2019 lottery. I had opted for consular processing thinking to use my OPT time. Due to coronavirus scare, I got laid off. Now I am back to my F1 visa which will last till June 2021. In this case, if I join a new company would I have to file for new H1B(entering lottery again) or there is a provision for change of employers?

 

[Raj8409]

Hello Rajiv Ji,

Situation:
Laid off on 30th Jan 2020
H1 Petition filed in Premium on March 19th - Filed in Consular processing.
RFE Received: 30th March 2020
Approved un-revoked I140 with PD in April 2017 from second last employer-

1. What is the general timeline for RFE after RFE response is sent to USCIS -is it still 15 days as the case was file in PP or more? I came to know later my potential employer which is big name in industry is known to not provide client letter or files with wrong SOC hence they have high denial rates with USCIS post RFE. Not in good terms with USCIS. Cannot do much about it now just hope they respond to USCIS properly but I am going to request them copy of LCA and I129, RFE letter if allowed legally.

2. If petition is denied I understand I will have to go back to India but can I file another petition through other employer during this time between RFE and denial. If petition denied can I stay in US after denial ( as 60 days are given due to corona virus situation to leave country- I94 is valid till March 2021) and file new cap-exempt petition through another employer from within US- will USCIS reject such new petitions or is better to wait sometime i.e. go back to India and then file from India? Is there waiting time of 1 year before filing fresh petition or I can file in 3-4 months based on I140. My second last employer H1 petition and stamp are both valid till 2021.

3. Lets say post RFE response petition gets approved my question is related to travel to Mexico/Canada through Land Border to get I94 updated as my petition is filed in consular.
a. Do I need to cross the border to get I94 updated or just visit any CBP office POE and pay required fees and get I94 updated? I live in Detroit suburb so US-Canada POE at Detroit is near to me ( 20 mins). The only disadvantage is I need to apply or Canadian tourist Visa whereas if I go to Mexico border ( Texas/Arizona/California POE) then no visa required to cross over to Mexico and come back as I have H1b stamp till next year. I read it is dependent on CBP officer they may ask to cross and come back or just issue new I94 but since borders are closed they may not update I94 at all. In the last community conference call I heard you saying that don't have to cross border to get I94- could you please share the specific details of POE.

b. What is the best suggestion on this- Visit near by CBP office in Detroit to inquire take chance may get I94 updated if not try Mexico POE or fly to Canada or Mexico and come back to get new I94 - here I heard if traveled to Canada/Mexico for less than 30 days then new I94 not issued. Can't go to India as well with travel ban. Basically want to avoid flights due to Virus situation. Prefer Land Border crossing by walk or cross by car when border opens up.

 

[immi_kumar_2020]

Dear Mr Rajiv:

I am in this country working on H1-B visa from 2006 almost 13 years and i have I-140 approved and paying tax until last year. If i loose my job due to Covid-19, i have below 2 questions.


1) I understand from last conference call , that with approve I-140 should get me 60 day grace period to find another job in case i loose current job. If i can't find a job with in this time frame, then i can file B2 (Tourist visa) to be in legal presence in this country. Say like after 4 months, i get a new job and do a H1-B, transfer. At this time, I will not be having most current pay stub (Since my previous employer will not pay during layoff time) as supporting document to do H1-B transfer. In this situation without current pay stub, can i file my H1-B transfer petition. In case, if i get a "RFE" in my H1-B transfer petition asking for latest pay stubs, how can i handle/answer this RFE situation?

2) a) Am i eligible to file Federal and State UN-Employment benefit for Job loss due to Covid-19?
b) In case its eligible to claim and If i claim and get un-employment benefit, will it impact my GC process or at the time of filing 485 or final GC.?

Thanks in advance for your inputs. I appreciate your help.

Best Regards
Immi_Kumar.

 

[Rajiv S. Khanna]

FAQ: Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees

Hi Rajivji,

Hope you are doing well and staying safe. Need your help in clarifying a question that we have. Given the current circumstances,

• we are looking at various measures of safety and expense control.
• First and foremost everyone is working from home for their on safety and wellness.
• For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time – specifically second quarter – as we work thru the tough scenarios now.
• Are there any H1 implications that we need to consider.
• What other options do we have under H1 regulations which will not require an amendment to LCA .

Kindly advice. Please take care and stay safe and well.

 

[Sajjar]

Dear Rajiv,

Hope you are doing well.

I am Rishitha, Pediatric Dentist from India. I moved to USA as a student and pursued masters in Healthcare Informatics in 2016. After graduating I started working as Clinical Data Manager since 2017 and my H1B was approved in 2018 for 3yrs. Currently, I am applying for dental residency programs. I would have to convert to F1 visa to attend dental school. However, I came to know that I will be not eligible for OPT after graduating. Please can you let me know the Visa options after graduating?

Many Thanks,
Rishitha