Recording of August 19, 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: 02 September 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.

 

[vineet441]

FAQ: Retaining valid H-1B status while AOS is pending and when to file Supplement J

Hi,
1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485J? Upon job change, should it be filed proactively or wait for RFE
Won't it delay the AOS adjudication if it's not filed proactively?

 

[options123]

USCIS background check process for I-485 application and when to contact a congressman to expedite the application

Hello Rajiv,

Thank you for helping the community during such tough times.

Q> How long does the I-485 background check take? My 485 application was waiting for my priority date to be current, now that its current last month I created a Service request and I got a reply saying "we are unable to move forward with your application until the required background checks have been completed".

Q> After waiting how long can I approach any congressman for help?

 

[smokey123]

FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son

Hi Rajiv,
Thank you for your service to the community. I've few questions related to Green Card EAD and CSPA

My son turns 21 years in August, and as per the August Visa Bulletin my EB3 Downgrade petition is current. Does this means my sons is covered under the CSPA and eligible for EAD renewals? His H4 status is expiring in August

 

[immi254]

EB-3 downgrade and project with the end client ended; green card process repercussions

Hi Rajiv
My current project with the end client has ended as of end of July, I do have GC EAD from the EB3 downgrade, from a H1B perspective, am in good standing?
Are they any repercussions for the green card process?
Can I file for un-employment if the employer lays me off>

 

[kiranmu]

Returned to original green card sponsoring company after over a year with another company; naturalization process issues

Hello Rajiv,
Thank you for your service to immigration community. I need your guidance to know if I am following right rules/process and here is my background.
I lost my job in May 2020 when my L1A sponsored company did a business restructuring and at that time, 140 was approved, pending 485 adjudication. I chose AC21 and moved to another employer in same month on EAD. New employer filed 485-J in July 2020. I received green card in September 2020 based on the 485, sponsored by my first employer and in December 2020, my 485-J filed by new employer was closed saying already received the benefit (485 approved in Sep, 2020). In August 2021, I got a job offer from my first employer and re-joined it. Is this ok? I worked for second employer for more than a year and even if I count the number of months after second employer filed 485-J approval date, it's around 8 months. And I am going back to my original green card sponsored company. Will it cause any problem during Naturalization process? I worked for my first employer for 9 years and rejoined back as I got good job offer in similar role as per I-140. Please advice.

 

[sujalkpatel]

Impact of H-1B overstay after I-797 expiration

Hi Rajiv sir,

My name is Sujal. I am an Indian and did my masters in the USA and graduated in 2015. My initial H1b started in October 2015.

I worked for company X with H1b until December 2016 and got laid off. I have paystubs of that company until then.
Company Y filed for H1b transfer in early February 2017 for client C with project period starting from late November 2016 to late January 2017.
In the first week of May 2017, the I-797 was received with validity period starting from late November 2016 to late January 2017 (same as client company project period).

My employer and lawyer suggested me to leave the country as they never faced this kind of situation before. However, I stayed until December 2017 to try my luck. My wife stayed for 2 more months and returned to India in late February 2018.

Since then, I haven’t tried to get any visa for the USA.
It seems that now I have a good chance to get a job at a USA based company which is ready to file for H1b.
My questions are,
Do I have any chance to get H1b (transfer) this time, after overstayed for over 6 months in 2017 and being away from the USA for more than 3.5 years now?
What kind of questions can I face in an interview at consulate if I reach that stage and how do I prepare for it?

I would really appreciate any suggestion you will provide.
Thanks very much for all your services!

Sujal

 

[slim215]

Obtaining visas when denied entry to the U.S. after 10 year ban

Hi there,

I was living in the US under F1, then H1B. Before the end of my 6 years on H1B, I transferred status to B1/2. I was overstaying my B1/2 status for more than 1 year and then I left voluntarily on my own to live in Canada as Permanent Resident up until now. When I left the US, I handed over I-94 to the airplane agent at the airport.

I have passed the 10 years ban period and wondering, what will happen if I'm going to the US as a Canadian citizen for leisure or work-related? Currently, I'm not a Canadian citizen even though I’m eligible to apply. My current citizenship requires me to apply for a US visitor B1/2 visa.

If I need to apply for a visitor/non-immigrant visa, then I believe I need to declare the time I spent on US soil and the US embassy/consulate will know that I was the subject for the 10-year ban and therefore, there is a probability that they won't be approving my visa application, right? That said, in this case, I will know right away that there is no point in even planning to go to the US knowing that I don't have the visa in the first place.

However, as a Canadian citizen, I can just go to the US immigration checkpoint without the need of applying for a visitor visa in advance, therefore I'm wondering if my 10-year ban status in the past will create issues with US immigration?

I'm wondering about the following:
1. Would US immigration be cross-checking based on names/dob against the list of those who were the subject of a 10-year ban? If so, would they let me into the country when they find my name on that list even though I have passed the 10-year ban?

2. If I'm traveling by air, US immigration is located in Canadian airport which means, I'm still on Canadian soil, therefore, in the worst case scenario where US immigration denying me to board the airplane, I'm assuming I can just turn back?

3. What if I'm traveling by land and US immigration not allowing me to enter the US while at the same time I'm already on US soil? Can I just turn back to Canada?

4. Would I be able to apply for NEXUS?

5. Is there anything else I should know or prepare myself for?

Thanks in advance!

 

[rdp]

Can U.S. citizen parents file for permanent residence for son and daughter in law?

Hello Rajiv,

We filed I-140, I-485, I-765, I-131 in October 2020 to downgrade from EB-2 to EB-3.
All employment based petitions are currently in pending status.

My parents obtained their U.S. Citizenship by the Naturalization process.

Question 1. Can my parents file Family based green card petition for me and my wife?

Question 2. Can I have Employment based and Family based I-485 petitions filed parallelly?

Question 3. Can my father and mother file separate green card petitions for me and my wife?

Your guidance will be truly appreciated.

Thank you.
Rushi

 

[immi_kumar_2020]

I-485 Green Card final interview process/questions asked, etc.

Hello Rajiv:

I have 2 questions for I-485 Final Green Card interview.

1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

Thanks for your help and i appreciate it.

 

[sk1239]

AC21 portability after 180 days

140 and 485 pending for more than 180 days. Will a pending 140 be approved (assuming no withdrawal and rfe situation) as I left the job due to layoff and h1 transferred within 180 days. Can I use ac21 with new employer once/if 140 is approved?

 

[tomayank]

Daughter's passport renewed, I-94 not updated

Hi Rajiv,

I am on H1B visa and it expires on Jan 27th 2022. My daughter's passport was expiring on Nov 10th 2021 and her i94 was given until then. I have now renewed her passport and need to update the i94 using her new passport until the visa expiration date. I have the following questions:

1. Do we need to travel out of the states in the current Covid-19 situation to get her i94 updated?
2. Can we go to a border patrol office requesting an i94 update.
3. Should I file form I-539 extension of stay

Thank you
Mayank Garg

 

[rajitha14]

Traveling outside the country on AP when I-485 is pending

Hello Rajiv Ji – Question related to travel outside the country on AP when 485 is pending.

We (me, wife and kid) applied for 765, 131, & 485 in Oct 2020 and got our EAD and APs approved last week. We plan to travel to Mexico for a short vacation and wondering if we could re-enter the country on AP (going to the same employer)? If yes, besides our combo cards and my kid’s I-512 approval doc, do we need to carry any other docs like Paystubs, H1B & H4 approvals etc.

Thanks for your service!!

 

[rony_d]

F-1 OPT Visa Renewal

Hi Rajiv,
I am an F1 student (engineering) who just started working in OPT (1st year), but my F1 visa from India expired last month. I would like to travel to India in December, would there be any problem getting the F1 student visa renewed while working?

Thanks a lot!

 

[AnoopGC]

Currently on Employment Based GC - Impact during naturalization process check on employment history issues and lost H-1B documents

Hello Rajiv Ji,

I have employment based GC and planning to apply for naturalization. Before getting green card I worked on H1b visa with IT consulting company, my H1b was withdrawn after I left US. ( I worked for more than one years for GC sponsoring employer after GC approval)

My question is
Do immigration officer at the time of naturalization goes through GC approval file also?

More than 15 years ago I worked on h1b at different locations because no H1b amendment filing was mandatory( before Simeo memo 2015) only LCA for different locations were filed and never sent to USCIS. I lost old h1b documents including LCA.

I only have record of original H1b petition with valid i94, w2 and paystubs, is it enough if needed as a proof of H1b status.

What are the chances that during naturalization interview I will be asked for H1b documents of year 2007 and older? I lost H1b LCA and my A- file also does not have those documents and my past H1b employer also do not have it.

Thank you very much