Recording of August 05, 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: 19 August 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.

 

[DEEPAMENON]

I-130 Applied in F-4 Category: Bringing your Sibling with Medical Issues to the U.S.
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Question from our Community Member:

I am a US Citizen and I have applied for a greencard or filed I-130 petition in Dec 2016 for my brother who resides in India and is of age 42 years and is unmarried. The I-130 has been applied in F4 category and the application starts with WAC.

My parents are not alive anymore and do not have any relatives alive who can take care of him. He is also mentally ill and is staying in a rehab Centre for the last 10 years. Is there any way that his I-130 petition could be expedited on a medical basis as me and my sister both live in USA and want to bring him as soon as possible.

If yes, please do let me know so I can request for your services and do the additional paperwork that is been required.

Thanks for your help,
Sirisha Muppavarapu

 

[deepmact]

Options While H-4 EAD Extension Pending
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Dear Rajiv Ji,
Thanks for your service.

I was on L1A and completed 7 years, than switched to H4-EAD (still employee of India entity). My current H4-EAD is valid till September and extension is in progress. Given USCIS Taking longer time to approve H4-EAD even after Bio-metric removal.

Q1. After September (until I get new Approved EAD in hand) do I need to apply leave without pay or I can simply applied paid leave which I accumulated over the years?

Q2. My company is giving me option to go out of US and come back after 1 year with new visa. If my spouse stay in US on H1 and if I want you to Visit US during 1 year for 1-2 weeks do I need to come only on B1/B2 visa or I can come on H4 visa as well without breaking 1 year (365 days outside US)?

Q3. If I want to come on B1/B2, will consulate approved my Visa as my spouse is on H1 and green card is being processed?

Q4. My spouse client offering full time conversion. If she joins and new employer H1B approved, will USCIS deny pending H4 & EAD immediately or they will wait until current employer-A revoke H1B?

 

[akashappa1110]

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1?

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Hello Rajiv Sir,

I’m on Initial OPT which expires on November 30, 2021. A company filed H1-B lottery for me this year (2021) which got picked and approved but i was laid off in May and immediately the company filed H1-B withdrawal and sent to USCIS on June 1st, 2021.

1) I’ve joined a big MNC company few days back who’s willing to sponsor me. I have approval and LCA Notice. What are my options now to get H1-B back?

2) If I can’t do anything with My H1-B. What’s the time frame generally it takes to withdraw my H1-Status? My Status still shows H1-B approved in the portal.

 

[arjung]

Reentry Permit Process and Covid 19 Vaccination
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Hello Rajiv Ji,

Thanks for your service.
I am based in India and will need to travel to San Francisco for a week around end of August.
I am approved for I-131, Re-entry till June 21, 2021
I am currently in India, working for Indian subsidiary of USA based company. I have approved N-470 from Feb, 2019.

I have taken my first COVID 19 vaccination Astra Zeneca dose (Called COVISHIELD in India) on April 17, 2021. My second Astra Zeneca dose (Called COVISHIELD in India) has been postponed from original date of May 29, 2021 to (Between 10 Jul 2021 and 07 Aug 2021) due to announcement made on May 14,2021 by Government of India. (https://www.livemint.com/news/india...ield-doses-to-12-16-weeks-11620896895644.html)

Based on CDC guidelines, https://www.cdc.gov/coronavirus/201...nfographic-international-quick-reference.html, I want to enter into USA to file my re-entry permit I-131, Application for Travel document after my second dose and attain full vaccination status.

1)If I get fully vaccinated (Take second Dose of Astra Zeneca atleast 2 weeks before the travel), have proof of negative COVID test taken 3 days before the travel),

I don’t have to self-quarantine after I land in USA?

2) Once I land in the USA with Mask on, I will be allowed drive a rental car or take a Cab to the hotel?

3) Fedex the I-131 (re-entry permit application), once I confirm that the application has reached USCIS next day and then travel back to India.

4) Once I get the appointment for Fingerprinting/biometric, I will travel to the USA to get the Fingerprinting/biometric done.

4a) My previous finger printing was done around May 2019, can USCIS consider my previous biometric and approve the new I-131 application without needing for biometric appointment?


Thanks,

Arjun Ganesh

 

[vineet441]

FAQ: Multiple Employers or Jobs on I-485 EAD

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​

Hello Rajiv ji,​

Can i do a second job using GC EAD which i recently got and continue working for sponsored employer on H1B (unexpired I-797) for not more than 6 months? i am being told that this actually would void H1B status. I'm fine with it (moving to AOS status) as long as i do that secondary job until I-797 with current employer expires. But will it cause any issues with AOS whenever priority date becomes current ? ​

I just want to make sure that if it's legally allowed (wouldnt be problematic during adjudication of AOS) to continue working on unexpired I-797 while also using AOS EAD for a second job.

Thank you,​

Vineet

​

------------------------FROM vickyattx--------------------------

How Long Can You Be Unemployed on AOS EAD/AP?

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Hi Rajiv,

How much unemployment gap is permitted while being on AoS EAD/AP?
Will the USCIS ask for each and every month's paystubs during the final EB2 AoS adjudication.

Thanks,

 

[JD09]

AC21 Regulations: Covid 19 Layoffs, Lump Sum Severance and Supplement J or Request Job Portability
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Hello Rajiv Ji,

I have a question on AC21 eligibility -

PD: EB2-India / July 2010.

1) I worked for employer A from 2005 to Jan 2021 (15+ years) and filed 485 in October 2020

2) In May 2020, I filed for Change of Employer H1B for Employer B. However, I didn't join Employer B. I had filed in case there are layoffs during Covid as things became uncertain at work

3) Employer A filed 485/485J in October 2020

4) Jan 2021 - I was terminated and got lumpsum severance etc. (It's a megacorp and had several round of layoffs)
I immediately joined Employer B on the approved H1b from May 2020

Employer A has not withdrawn I140 or H1. Its been more than 180 days since I485 has been pending. New job is same/similar but has a start date within 180 days of filing 485. Employer A had renewed H1B for 3 years in Jan 2020



My intention was to continue working for Employer A (as I had for 15 years) but the entire team had to be shut down once the Covid peak during winter holidays confirmed that we won't be returning to work anytime soon...

Am I protected with AC21 or do I need to start all over? Employer B's attorneys will not file 485J proactively. They will respond to any RFE.
They feel I'm not eligible for AC21 as they read the law(intent) as requiring one to work with sponsoring employer for 180 days and not the pendency of the 485 for 180 days.


Thanks
JD

 

[Ravi_K]

Maintaining H-1B Status While Getting an MBA Full Time
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Hello Rajiv Ji,

I am on H1B(Cap exempt) for a year now and want to go for my MBA. I got an admission for a full-time MBA and I want to join. my question is
1. Am I allowed to do a full-time MBA being on an active H1B?
2. If I am not allowed to do a full-time study on H1B,/ if not, do I need to go to India to get an F1 visa? or can it be done within the US?
3. Am I allowed to take classes during COS from H1B to F1 is under processing(given the current duration of more than 6 months)?
4. Am I allowed to WORK during COS from H1B to F1 is under processing(given the current duration of more than 6 months)?

Thanks, Rajiv Ji.
Ravi

 

[Katy5]

Employer's Attorney, Lost My I-797 Approval Notice
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Hello Sir,

I am on H1b currently, processed as COS. I want to visit India for first time stamping but my employer's attorney lost the hard copy of H1b approval I797. I have the scanned copy of original approval. They have applied for a duplicate original copy of I797 but the processing times are upto 14 months. Per my research, original hard copy is needed for first time stamping interview. Can you please confirm if that's the case or a photocopy or notarized copy of I797 would suffice for the stamping process. Thanks a lot.

 

[dsm918]

FAQ: Taking a Long Break After Receiving Employment-Based Green Card

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Hi Rajiv,

Last call I had posted a question about what we can do to expedite the green card when current and it so just so happened that we got approval same day that you had the call.

Now that we have finally got the employment based green card after applying almost 12 years ago my question is around taking some time off. Most people ask the question of switching employers after getting the EB Green Card but my question is if I can just quit my job and take a break for 6 months before getting back into the workforce next year. Do I have to wait a certain amount of time before quitting or can I do it now?

Thanks.

 

[ns2020]

Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter
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Hello Rajivji,

Thanks for your service. I have a question for my Daughter (19 yrs old).

Current situation
- My EB2 Priority Date is April 2013. In October 2020 I filed I-485 (along with Downgrade from EB2 to EB3) for myself and my wife but did not file for my daughter as I was not sure if the PD will become current in the next 2 years.
- I filed for her I-539 COS from H-4 to F-1 in December 2020. I have the F-1 receipt notice but no progress from USCIS.
- In the August 2021 bulletin my PD becomes current for EB-3. My I-140 downgrade is still pending. I am planning to file for my daughter’s I-485
- My H1B and my wife/daughter’s H-4 are still valid till 2023

Questions
- What happens to the I-539 COS now that I am applying for my daughter’s I-485.
- Should we respond to any subsequent notices like a fingerprint for I-539 or should we abandon it.
- Can we file for I-140 downgrade premium, my company does not have the original I-140 EB2 approval notice.

Appreciate your help

 

[Rt H4]

Converting from H-4 EAD Visa to H-1B Visa
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Rajiv ji,

I am on H4 visa and working on H4 EAD. I was on H1-b visa from 2014 to 2015 and then convert it to H4 with H4 Ead.
Can I go back on H1-b visa without goes through lottery system? and
Is there any law/provision I can not go back on h1-b without lottery after certain number of years?

Thank you sir.