Recording of December 09 , 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: 23 December 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.

 

[sen1]

FAQ: Working for two employers on W2 using the GC-EAD

Hello Sir,

I applied for I-485 and it is in pending stage . I received my GC-EAD on Aug 2021 and started using for my work. I am currently working
for two employer on W2 using the GC-EAD(GC employer and a new employer). Few Questions follows

1.Will USCIS question why am I working with 2 employers on W2? Will it impact the pending I-485?
2.Instead of two W2 can I convert second W2 to 1099 ? Since it is a short term contract .which one you recommend ?
3.During the GC interview or in RFE Letter , if they ask to provide W2 , Can I produce only the primary employer W2.
4.If interviewer ask how come you have two w2 how to answer the question in more convincing way ?

 

[caliquestion]

TN visa for Canadian employee currently on J-1 visa; submitting Form I-129 and other documents

Hi Rajiv,

We are looking to bring a Canadian employee who is currently on a J-1 back to our organization on a TN-1 visa. We want his J-1 to finish before he comes back, and his J-1 ends in July. We are planning on sending in the I-129 form and trying to get pre-approval for $460. We have a few questions about this process we are hoping you can answer:

1) Can we send in the I-129 for pre-approval while the beneficiary is on a J-1 visa (e.g. up to six months before the start date, when the J1 is still in effect)? Or do we have to wait until his J-1 is over before we begin the pre-approval process?

2) Does submitting an I-129 on behalf of a Canadian citizen increase the likelihood of admission at CBP compared to the employee establishing eligibility at the time of entry? USICS site states a CBP officer would still need to find the approved worker “eligible for admission”, but we wanted to clarify to what degree having the I-797A at the border strengthens his application.

3) Asides from the actual I-129 form, are there any other materials that need to be sent along with the pre-approval application for a TN-1 visa?

Thank you so much!

 

[akashappa1110]

STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center

Hello Sir,

I'm sorry for duplicate post from previous week but i'm helpless. I’m in the initial OPT which expires on November 30th, 2021. My STEM Extension has been denied based on approved H1-b which is pending for withdrawal at the texas service Center for the last 5 months. My current employer’s attorney raised the Ombudsman request on Oct 25th, 2021 and I’ve taken Ohio senator's help to submit inquiry on October 19th, 2021 but no response so far from uscis and also from online forums it seems it’ll take 30 days to get a response at least from ombudsman and case inquiry but I’m running out of my time and at the same time my previous employers attorney is not willing to join call with Tier -2 officer and they're not helpful at all. my current employer is re-applying for my STEM OPT Extension on November 24th, 2021 with all the evidences possible but it's already past 60 days and i can't get new I-20 because my Sevis Record is closed and they're not sure i'll get discretion because my h1-b is still approved.

1) I'm hoping USCIS officer would show some discretion but from past experience i'm afraid they would not. I'm not sure really what to do here. I might end in financial lose please guide me with your suggestion.

Thank you,
Akash.

 

[arjung]

Approved N-470: CBP warned on reentry and filing F2A for spouse

Hello Rajiv Ji,

Thanks for your excellent service.

I am currently in India, working for Indian subsidiary of USA based company. I have approved N-470 from Feb, 2019.
I had approved I-131, Re-entry till June 21, 2021 ( expired now).

Travelled to US in October 2021 to file my re-entry permit I-131 application which is still being reviewed and have returned back to India

USCIS updated me that they have reused the bio-metrics which was done iin 2019 and I don’t need to travel to USCIS application centre for bi-metrics appointment.

1) In October 2021, immigration officer at the port of the entry, gave me a warning and he said that Green card was given to work and live in USA. He said he can understand my intentions as I am currently live and work in India and had Re-entry permit (although expired). Also I missed travelling to USA before the expiration date in the re-entry permit. If I travel to USA after 1 year I will need to talk to immigration judge.
Should I worried about the immigration officer warning?

2) I want to file Family based green card (F2A) for my wife in India. Can I file F2A for my wife while I am working in India ?

3) If my wife delivers a baby or babies during the process, can they later be added to the previously F2A application?

4) If after filling the F2A application, do I need to move to the USA and start working in USA for my wife’s F2A to get approved? Wife has a tourist visa. Can my wife Travel on Tourist via to USA to spend time with me while green card F2A is being processed if I start working in the USA?


5) I got approved for N-470 with the condition it is valid as long I work Indian subsidiary of a USA Headquartered company say "X"?

Due to current pandemic and job scene, if I move to Indian subsidiary of different USA Headquartered company say "Y",

a) Can I update my previous N-470 approved application to Indian subsidiary of a USA Headquartered company from “X” to “Y”?
Or
b) Need to file a new N-470


Thanks
Arjun Ganesh

 

[vijay_1234]

Correcting names on passports, visas, and other documents

Hello Sir,

The question is related to getting FNU removed from Green Card and update with the correct first name.
In my wife's passport, last name is empty and the first and last name is combined as Given Name. So in the Green Card, FNU is given as first Name and full Name as last name. We are planning to update the Indian passport with a split name correction.

USCIS, I understand that we need to file I-90 for a name change. So since this is a split name correction, do we need to get the county court certification for name update, or just presenting the updated passport with name correction(with first and last name mentioned) is enough? Any other documentation required?

When the name correction going on with USCIS any issue traveling outside the country?

Thanks
Vijay

 

[sivakrishna_j]

Can I file I-485 when the priority date is current?

Hi Rajiv - Recently I have came back to US on H1 visa after 9 years of stay in India and earlier I have worked with company A, who applied my I-140 and approved in 2007 under EB3 quota. as my PD is current for more than 3-4 years, can I apply 485.Company A is ready to provide the required documentation .Is 203g applies to me. My case is not transferred to NVC. Not received any communication from embassy as well.

 

[ricknim]

H-1B stamping and dropbox situation

Hello Rajiv,

Situation: My H1 visa stamping in my passport ended on Dec 21, 2019. With the new rule - that is US Department of State has allowed a 48 month period for dropbox eligibility instead of 12 months until Dec 31, 2021, due to the COVID-19 situation. If I have to schedule an appointment before Dec 2021 for an appointment in Jan or Feb 2022, is that considered eligible?

Thank you very much !

 

[ravick4u]

H-1B payroll rules while moving from one company to parent company

Hello Rajivji,
Recently my company is going through restructuring and making some adjustments. My current company A who filled my H1b and GC(Priority date is not current) who also does my payroll is no longer going to be generating my payroll and parent company B is going to do the payroll.

In this case,
- Will there be any impact to my current approved h1 and GC application?
- Does this require any amendment to h1?
- Does this require any amendment to GC application?
- Anything that I need to make sure that I am aligned with USCIS policies?

 

[srjmk]

Interfiling from EB-3 to EB-2

- 180days of 485 pending crossed
- Concurrent EB3 I140 downgrade approved
- Original EB2 I140 approved for more than 180days from the approved date

1. Can we interfile from EB3 to EB2 with the filing date current in EB2?
2. Can we interfile from EB3 to EB2 at the new employer as AC21 is all passed

 

[vickyattx]

Traveling back to U.S. on AP while H-1B visa stamping is delayed due to 221g; impact on I-485

Hi Rajiv,

If H1b visa stamping is taking too much time due to 221g and the applicant has a valid EAD/AP Combo card.
Can the applicant travel back to US using AP and not worry about the 221g delays. Will it have any negative impact on the I-485 final adjudication.

Thanks

 

[Santosh Menon]

Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

Hi Rajivji,

My son got his H1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H1B stamping I wish to know the following

1) Is there a time limit for getting the approved H1B visa stamped and
2) If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status

Thanks

 

[DEEPAMENON]

Green card through several categories

Hello Rajiv ji

Have some questions regarding my GC application. I got married last month !

My husband is a GC holder and next year is going to become Citizen , i already have my GC (I-140- Approved) with a priority date of September 2019 on EB3 (employment based )

What are my best options here ?

1) Do I wait for him to become a citizen and then apply for my GC through his citizenship(family based GC) ?

2) Or shall I apply GC now through his GC status, before he becomes a citizen ?

3) Or shall I wait for mine(employment based) ?

4)Also what are the timelines for getting GC in all the 3 scenarios?

5) what happens to my H1b Will it remain as is ? Or I get moved to dependent visa (EAD)?

Regards
Nisha

Please see the answer to this query here: https://www.immigration.com/faq/us-green-card/family-based-green-cards#24480