Recording of December 17, 2020 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: 07 January 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.

 

[immi_kumar_2020]

FAQ: Pending I-485 Petitions and 180 Day Portability Rule

Hi Rajiv

I have below 2 questions with regards to after filing I-485and still pending 180 days.

1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?

2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?

Thanks

 

[gajananmante]

CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application

Dear Rajiv

I filed my I-526 petition in December 2016 and my petition was approved in February 2018.
I appeared for interview on February 14, 2019 but the visa was denied and my petition was sent back to USCIS for revocation.
In June 2019, the petition was reaffirmed and after one year the petition is now available at US consulate.

1. At the time of filing my son's age was 19 years and 4 months and at the time of interview my son's actual age was 21 years and 7 months but as per CSPA his age was 20 years. At present he is 23 years old and I want to know whether he is still protected under CSPA.

2. Do I need to update my DS260 with US Consulate or will I be appearing with my past submission. Also, do I need to pay any fees to US Consulate.

3. When my petition was reaffirmed I received an affirmation notice from USCIS. Do I need a new approval notice or is the previous approval notice fine?

4. How can I schedule an appointment for interview with consulate?

Thank You,
Gajanan Mante

 

[Aaditi]

FAQ: Supplement J timing and joining previous Employer

Hi Rajiv

I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020.

1) Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ?


2) Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .

what do you recommend for smooth I-485 approval process.

Thank you .

 

[Sid11]

FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Hi Rajiv,

Thank you for this great community service.

1. I have both EB2 and EB3 I-140's approved. But my EB2 I-140, which is older, is under a different Job Title/different PERM than my new EB3 I-140 for which this downgrade I-485/EAD/AP petitions were filed in Oct. Do I need to file another EB2 I-140 under my new job title/new PERM (same as EB3/I-485) so I can avail upgrade to EB2 if it moves forward?

2. Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need an another I-485 application or just a letter to USCIS?

Thanks
Sid
---------------------------------------MANISANKAR Qo. 15------------------
EB-2 to EB-3 Downgrade: Process

My company already filed I-485 , I-765 and I-131 along with EB2 to EB3 downgrade with new I-140 for EB3 . Just wondering about process how it works ? Does I -765 and I-131 have to wait until this new EB3 I-140 gets approve or it will process parallel based on my previous I-140 approval in EB2 ?

 

[mvs]

H-1B and Green Card Process with a Payroll Issue

Hello Rajiv sir,
Thanks for your service.
H1B start date with current company A : 15th October 2017.
Last day with previous company B : 2nd November 2017
My payroll started with current company A : 26th Nov 2017.
I was not either A or B payroll system from 3rd Nov 2017 to 25th Nov 2017. I stayed in USA in that time period. Could you please advise me if there is any issue now or in future for Green card process because I was not in either payroll system from 3rd Nov 2017 to 25th Nov 2017?
Thanks,
Vidya

 

[flower girl]

Permits for Dependents with SOFA (Status Of Forces Agreements) Status

Your insight into the following issue is greatly appreciated.

Can a spouse of a SOFA (Status of Forces Agreement) status civilian employee get her citizenship without fulfilling the continuous residence and the physical presence requirements?

The wife had been living in Japan with her husband who was working in Japan as an engineer for the US navy. The wife got her Green Card when she was living in Japan in November 2016. The husband now works in the US (same job) and has been working in the US since October 2019 and the wife also has been living in the US since then. The other issue is that the wife has taken a trip to her home country for ten months after she started to live in the US. She couldn’t return to the U.S before six months elapsed due to Covid 19.

Can the wife apply for her naturalization under these circumstances? Could you guide me to the relevant law regarding this?

Thank you!

 

[nandan24]

Moving from Canada to the USA with L-1 Visa

Hello Rajiv sir,

I am an Indian citizen currently employed with a tech company in Vancouver, Canada. Have been working with my current employer in Vancouver for two years. I have been working on my work visa in Canada and my Canadian PR has recently been approved. I intend to move to the United States as my spouse will be studying (already has her F1 Visa). I have the following questions and would like your guidance on the same:

1. From the embassy website, it appears that Vancouver embassy is currently only taking emergency L1 visa appointments.
   1. Is this in line with what you are seeing right now for any applications that your office might be working on?
   2. Is there any indication of when routine appointments will start for L1 visa applications?
2. In case Vancouver embassy continues to process applications only on an emergency basis. What reasons can I provide for requesting an expedited appointment?
   1. Should I provide my wife's semester start date (in Jan 2021) as a reason for expedited processing? For reference, this will be her second semester which she will take from the US. She was doing her first semester remotely from Vancouver, Canada.
   2. Would there be any risk in linking my wife's F1 status to my L1 visa application? I have 2 friends who were undertaking a similar move (spouse in US on F1) and their L1 visas were rejected. Any advise on how to go about this?
3. It appears that the Hong Kong/Seoul embassy is open for Visa processing. Is it advisable for us to travel to Hong Kong/Seoul for a visa appointment? We don't have any strong ties in Hong Kong (never travelled). We have visited Seoul only once for leisure.

Thanks,
Nandan

 

[shailesh_jaiswal]

FAQ: Job Change after I-140 Approval, Before I-485 Submission

Hello Rajiv ji,

Thank you for the great community help that you provide to so many.

I have a PERM and i-140 approved by my previous employer. My priority date is 15 Mar 2015. I changed my employer in Jan-2020 with a similar job occupation. I was told that I don’t need to file a completely new process for PERM and i-140 with the new employer but the new employer can file an i-485J form when the priority date is current to complete the remaining GC process. Is this a valid process to complete my adjustment of status(i-485) and apply for EAD? What are the complications involved of going through the route with old i-140 and getting an approved i-485? If that option is not viable, will I have to file a new i-140 with the new employer? There’s got to be an easier way of dealing with this, because I’m sure many people have changed their employer after their i-140 approval.

Thank You in advance.
Shailesh

 

[AnotherMigrant]

Advance Parole and EAD Renewal Applications

Hello Rajiv Ji,
My PD is in Jan 2010. I am on EAD. In August 2020, I submitted for AP & EAD renewal applications.
Accepted AP Application. Rejected EAD Application in late September 2020 due to insufficient Fee.

Submitted again EAD application on 16th October. Still did not receive Receipt Notice.

Called Customer care, they said, they could not find my new application in the system. I sent an email to lockboxsupport.

What are my options ?
Thanks in Advance.
Sri

 

[EAD2009]

H-1B Petition was Approved, but the Extension of Stay Denied

Dear Sir, Thanks for answering my previous question. I missed the meeting but the Video was very helpful.
In June 2011 my H1b petition was approved but the extension of stay was denied. I left the USA within 2 weeks of receiving USCIS notice. I went to the New Delhi Consulate office and got my H1B visa stamped in September 2011. I came back to the USA on 25th DEC 2011. From June 2011 to DEC 2011 I went from one city to another not living more than 3-4 weeks at one place. New Delhi, Native place, In-laws place, Again New Delhi, went to Europe, came back to native place and In-laws place etc. I filed an I485 application in Feb 2012. In G325A form I filled my address from June 2011 to DEC 2011 as my Old Address in NJ, USA. I did not fill various Indian and European addresses of a very short stay. I thought this would be my address where postal mails would come and even the license had this address. Now if during green card processing USCIS sees that My extension was denied in Jun 2011 but my address I have put as NJ then they may think that I was living unlawfully. Do you think this is possible? Means start looking at old H1B petitions and their results. If yes then what is the best option to counter USCIS if they don't issue RFE and take any adverse decisions. Means Motion to open case does not work. I think you prefer the immigration court option. Just getting a general idea. Surely will hire an experienced attorney like you if needed.
Thanks,

 

[DEEPAMENON]

Per-Country Quota Limitation for Employment-based Immigrant Act

Question from our Community Member
---------------------------------------------------
Namasté Rajiv ji,

I have my i-140 approved with PD Feb'18. I have changed jobs now after being over 2 years with an i-140 sponsoring employer. the new job is in the same SOC code.

Ref. pg.23 line22 of this long pending bill that finally passed Senate recently
https://www.congress.gov/116/bills/hr1044/BILLS-116hr1044eas.pdf
If and when this "i485-EAD after 2yr i140 approval" amendment also gets signed into law with country quota removal, Then when they start allowing such beneficiaries to apply (effective after 1 yr after bill is signed/enacted it says), for beneficiary like me, who were 2 years with i140 sponsoring employer, but post those 2 yrs, further with different employer when new policy starts, can they still apply for i485 with directly supplement J from my existing employer that time? Or will I need to wait to first have a new i140 from this new employer plus 2 yrs after this new one is approved? Currently AC-21 portability needs at least initial i485/supp J from direct i140 sponsoring employer. will this change when the Act passes or at least temporarily for cases who were already waiting over 2 yrs when this policy starts?

 

[shv2020]

FAQ: Loss of H-1B Job and Opting for B-2 Visa

Hello Rajiv ji,

I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
1) How long/many times can one extend a B2 under the given circumstances?

2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?

3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

thank you!
Shiv

 

[Manisankar]

FAQ: Delay litigation/Mandamus

I am on H1B and we applied H1B renewal and H4 and H4 EAD for my wife which is pending , my wife company is ready to apply H1 (she already used her H1 before from 2013 to 2016) , just wondering what will happen to her H4/H4 EAD application which is pending to USCIS right now ?

I am hearing lot about litigation for H4 , are you filing litigation if needed ? If so what is success rate ?