Recording of April 14, 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'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: April 28, 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.

 

[Chinna Babu]

Combating marriage disputes during the green card process

Hello,
I am on an H1 visa and my ex-spouse has framed me for her Visa and the court has found me guilty. Below are my questions,

1. Will it affect my Green Card my priority date is March 2016.
2. Can I go and return from my home country?
3. Will it affect H1b extension
4. Do I need to contact an attorney regarding this case? About any documentation.

 

[rahulgopaljoshi]

Using EAD instead of extending H-1B does family go out of status, interfiling EB-2 to EB-3

Namaste Rajiv Ji

Hope you are doing well.

A) Currently on H1B and filed for I-485 in Nov 2020 (Downgrade from EB2 to EB3).

B) Received I485 EAD and AP. Never actually "USED" EAD or AP till now.

C) I-140 approved BOTH in EB2 and EB3 categories with current employer A.

D) Re-entered USA on H1B Visa stamp but only a few months left on current H1B.

Questions: -

1) Can I choose to NOT extend or transfer H1B but switch to EAD with either the current employer A or say a new employer B in the future ? How do you actually "USE" EAD - especially with the current employer; is it submit a new I-9 form with EAD details as soon as H1B period expires ?

2) Do I and my family go "out of status" if I happen to switch to a new employer B AFTER H1B ends using EAD, especially with a gap in continuous employment ? Does the H1B 60-day maximum discretionary grace period apply in this scenario ?

3) If I submit for an interfile to change my basis back to EB2 say in the next couple of months with the current employer A - does that "RESET" my AOS 180-day pending clock; for the subsequent usage of EAD for work authorization or AP for travel ?

4) If AOS EAD for EB3 is already "USED", can you still interfile to change the basis back to EB2 with the current employer A or the new employer B in the future ?

Dhanywaad

Rahul Joshi

 

[tom16]

Traveling outside the U.S. during H-4 EAD process

Hi Rajiv,

I am on H1B visa, my 6th year on H1B expires on Sep 30th, 2022 (less then 6 month left). My GC process is initiated, PWD completed and about to complete the recruitment and expected to file PERM by the end of the April. As we know PERM is taking 5-6 months currently then I need I-140 and H1B extension approval to retain my work status. Attorney have also parallelly applied for my H4 COS and H4 EAD last week as I have that option (my spouse is on H1B visa with approved I-140). I need your suggestion about my options to retain my work permit or to have a minimal gap in my work.

1) If I don't get any approval by September, would it help if I will go to India or Canada for H4 stamping after September 30th, will that expediate my H4 EAD process ?
2) If answer is yes for the question 1 then I have converted multiple visas after my last entry into the US like H4 to F1 then H1, so do I need to go to my home country India for stamping or I can go to Canada as well ?
3) Or just wait for either my H4 EAD or I-140 and H1b extension to be approved to resume my work?
4) hope I don't need to leave the county with H4 applied status upon receiving the receipt ?

Thanks,
Tom

 

[vickyattx]

I-485 Supplement J portability to a new employer under AC21

Hello Rajiv,

Employer A- 140 approved and 485 pending for more than 180 days.

Planning to use AC21 by filing I-485J with Employer B which I plan to join when I-485 is approved as per the wording in I-485J form

"Request job portability under Section 204(j) of the Immigration and Nationality Act (INA) to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved."

In the meantime can I work for Employer C who is paying much more but in a different field with an intention of joining Employer B only after the I-485 is approved.

Thanks

 

[shah76pankaj]

Filing for H-1 and L-1 at the same time and options if H-1B approved

Hello Rajiv ji

1. When H1B is filed post lottery or is under process, can I file L1A application simultaneously?
2. If H1 B is approved, does that mean I am on H1B ie. My H1 B status starts or it starts post stamping in Oct?
3. Can I file L1A even if H1 is approved but I have not done stamping?
4. If I get H1B approved but I do not stamp before oct, and my L1A is approved, can I postpone H1. B stamping for a year? This will help to keep H1B option open in case there is any RIF while I am on L1A.
5. Can two companies file H1B at the same time or one can file if other does not go through within 90 day window of filing?

 

[jatpro]

GC biometrics appt. location for parents in one state but sponsor in another

Hello Rajivji,

This is regarding sponsoring Green card for parents.

If parents are at my place (Texas) during filing I130 and I485 but the sponsor is in different state (Massachusetts), where will USCIS schedule biometrics appointment?

Texas - current address at the time of filing? OR Massachusetts - Sponsor's address?

Thank you.

 

[sapentap]

FAQ: GC-EAD applicant holding multiple jobs and starting own business

Hello sir,

I'm an IT professional. I am the primary applicant on I-485 and received my employment-based GC-EAD. I haven't started it using though. Still on H1B.

If I decide to switch to GC-EAD,
Q1) Can I work for multiple employers while on GC-EAD? Let's say 40hr/week for Employer A and 20hrs/week for Employer B? or maybe more than 80hr/week total? Is it legal?
Q2) If the above is not possible, Can I work for multiple end clients thru the same employer?
Q3) If the above is possible, Do both of the employers need to file I-485J?
Q4) Can I do business on the side using my GC-EAD?

Thanks
Sanjyot

 

[kskindiaUS]

221(g), Class C misdemeanor and traveling with I-797 approval notice

Hello Rajiv,

As always thanks for hosting this forum and helping many people.

Q1) I got 221g in the past, chances of getting 221g again ?
Q2) I got a traffic ticket in Texas (Class C misdemeanor) which was latter dismissed by the court as I have taken defensive driving training and passed the related exam. In DS160 , Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? what should be the answer to this question should it be Yes or No ?
Q3) Can an employer file a transfer while I'm In India / Can I travel while the transfer petition is pending ? I don't have a valid visa on my passport but I do have valid I797. I will go for stamping in India based on current employer's I797.

Best Regards,
K

 

[kapoor1992]

Change of status from L-2 to F-1

Hi Rajiv,

Thanks for hosting the session and thanks for this forum. Its a source hope for many.

I am an L2 spouse with EAD, working in USA since 2021.
My spouse has been selected in the recent H1B lottery and her L1 is about to expire in July. We doubt that the L1 will be extended as she has changed her job inside the company.

I have recently secured an admit from an educational institution for my Masters degree and plan to join the same in Fall 2022.

My question is can there be a complication if I change my visa from L2 to F1 ? As they both have different intent.

 

[PDApril2013]

Pending adjudication and Supplement J

Hello Rajiv ji,

Thank you for conducting the community conference call. It has been helped me and many others in their immigration journey in the United States. We really appreciate your expert guidance.

My Case History:
Employer A filed for my Green Card in Nov 2020. They concurrently filed I-140 (Downgrade EB2 to EB3) and I-485 AOS.

I-140 Approved - Aug 2021
EAD/AP approved - Sep 2021

Joined Employer B in Mar 2022. Employer B also holds my approved EB2 I-140 with same PD.

Employer B Interfiled I-485J filed to Montclair, CA per USCIS guidelines to change underlying category from EB3 to EB2
- Delivered March 10, 2022

I-485 Approved and GC received in EB2 category - March 15, 2022.

Employer A attorney received a copy of the I-485 approval notices. So, it seems USCIS approved Green Card under Employer A and automatically switched underlying basis from EB3 to EB2 based on Employer A EB2 I-140.

I-485j still not receipted.

Questions:
1) Since the I-485j is not adjudicated yet, do I need to wait for USCIS before I can start using the Green Card? Will USCIS adjudicate I-485j after I- 485 is already approved or will they send it back?
2) Should Employer B withdraw I-485j as the Green Card is already approved?

Thank you for taking my question

 

[jeeyes]

Approved I-140, H-1B cap exempt, L visa eligibility, and question of I-824 filing

Hello sir,
Thank you so much for taking our questions.

I've an approved I-140 (EB3) from Nov 2010. My Priority date has been current since March 2021 per the final action date chart, so for more than 1 year now. i'm currently in India and don't hold a H1/L1. My 2 most recent petitions- an extension filed when I was in the US & a subsequent cap-exempt H1B filed from India was denied in Nov 2018 & Aug 2019 respectively. I have completed 6+ yrs on H1B (but didn't fully utilize my most recent extension of 3 yrs ie. I was in India for 1.5yrs out of the 3 yrs granted). I'm looking to travel back to the US now.

Questions:
1. Am i still eligible for a cap-exempt H1B (for consular processing) based on the i140? If so till when - 6yrs from when I exited the US? Or indefinitely?
If not, am i atleast eligible for a cap subject H1B? can one/more employers file a H1B for me next year through the lottery?

2. Am I eligible for L1A and/or L1B (both individual and/or Blanket) if i meet other L1 criteria such as specialized occupation, managerial position, time outside US etc?

3. Will it be any different if i'm in Canada, ie. easier or harder? My employer is processing a Canadian work permit for me due to a H1 fail & advising that it may be easier to get in from there via L1 blanket.

4. if my H1/L1 petition is approved, is there a risk of my visa being denied due to immigration intent? What should i tell the officer at the consulate? Would i run the same risk for H4 or F1 also (other options if i'm unable to get a H1B)?

5. If my employer doesn't want to file i-824 (to request/opt for AoS via consular processing), can I still file i485/AoS when back in the US? My priority date would have been current 3-4 yrs by then. Will i face any issues or will USCIS find it unacceptable that I didn't/ couldn't file AoS via consular processing for that long (if the job offer was still open)?

Thanks again!

 

[nikranade]

How long can I stay outside the U.S. on GC- EAD without risking my GC process?

Hello Rajiv ji,

I have an employment based GC-EAD. Still waiting for GC.

Due to a moral obligation, I need to live with my parents in India at least for 3 or 4months every year.

Is it possible to stay and work in US for only 6 to 8 months/year and the remaining 6 to 4 months in India?

and Is there a risk from GC point of view?

Thanks
Nik

 

[Mira99]

H-1B visa - job loss, grace period, and new employer submitting a fresh H-1B petition

Hello Rajiv ji,

Me and my spouse are on separate H1-B.
I lost my job and my 2 month H1b grace period is also over. Before my grace period was over and we filed for an H4 visa on my spouse H1-B.

1. Now my H1b grace period is over then 20 days
2. H4 is filed more than 25 days

I got a new job offer now, Can my new company transfer my H1-B now ?

Once My H1-B will transfer and be approved , can I cancel my H4 visa ?

How does the whole process work? Can you please guide me ?