Recording of December 23, 2021 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

Recording for Dec 23 conference call,

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: 06 January 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.

 

[ralph171]

FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages

I have an option to get an L1B or TN visa for intracompany transfer. L1B has additional benefits.
However, For L1B we need to project specialized knowledge, which I am not sure how to articulate.
-- firstly just to confirm, an intracompany transfer can use TN route?
-- How does a strong L1B application looks like, evidences to provide
-- and what are the signs that L1B is most likely to be rejected
-- Can you please provide a direction on how do I come to a decision to go for L1B or TN
Little background - I am India/China-born, work for an MNC and provide technical services to clients for ERP products.
Please advise.
thank you so much for running this forum, this has been the best source I searched over internet.

 

[Saurav Saha]

FAQ: STEM-designated MBA - is it easier to get an H-1B visa?

Hi Rajiv Khanna, I am Saurav from India, really thanks how you help the community selflessly for the immigration needs.
My question is attached as a file, since your portal was throwing me an error text - "It can't be posted, contact admin". I am a Student , Please review my attached file and give me some guidance.

 

[pooja112]

TN-1 visa denials at the Canadian border


Hi Rajiv, Thank you very much for selflessly helping the community.

• I am Canadian citizen, My company has filled 1-129 USCIS petition through premium processing and they mentioned in the form to notify the land border Maine where I travelled before via land for my TN1 visa and it was denied twice. Now I am planning to do pre-flight inspection rather than going via land. Can I change my mode of travel and port of entry as Toronto, or will that cause an issue?
• In second denial ( reason for denial was insufficient and incorrect documentation by organization) at POE Maine they have taken sworn statement from me as it was filed under management consultant and my role is hands on technical. Can I appeal that sworn statement wasn’t taken in great state of mind.

 

[immi254]

FAQ: Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21

Many Thanks Rajiv for giving us an opportunity like this. This forum is too good-much gratitude!

I would like to get your valuable opinion on what would be the best option for my son to maintain his status in the US.

Background :
I am on H1, my son is on H4. He is 19 years and 4 months, doing his second-year undergraduate at UC Berkeley.
My Priority date is Nov 2014, I have approved I140 on EB2. Last October we applied for AOS as a downgrade with the concurrent filing of 1-140(EB3 )and I-485.
My I140 is not approved yet, and it is in the RFE stage. Recently my son received EAD and AP valid for 2 years. We are advised not to use the EAD as interfiling might not be possible if EB2 advances faster.

I have concern that my son may age out before my priority date is reached.

My question is :
1. What would be the best option for my son to maintain his status after 21 so that his studies are not affected. We are told not to attempt to convert from H4 to F1, as AOS is already filed, and it might get rejected on the basis of dual intent.

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EB-3 downgrades for family approved before son aged-out, will filing for EB-2 jeopardize son's GC EAD?

Dear Rajiv,
I filed for EB3 Downgrade along with my wife and son. I received the EAD cards. The EB3 final action date became current before my son turned 21. My son had also applied for COS to F1 last year, since this is still pending. I am in H1B status, the I-94 of my wife expired and have filed for extension. I am wondering if EB2 final action dates become current, if I will be qualified to file? I don't want to lose the GC EAD obtained for my son, as he has already turned 21.

Thank you

EB-3 approved, GC-EAD pending - will aging-out child's application for SSN create an issue?
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Hi Rajivji,

Happy holidays and thank you for your services.

- Applied for my daughter's F-1 in Dec 2020 (when she was 19). Last week got her F-1 Approved.
- In August 2021 my EB3 PD (April 2013) became current, so applied GC, EAD and AP for my daughter. My initial I-140 was EB-2, later filed a downgrade in November 2020 and received EB-3 approval. GC-EAD is still pending

While applying for GC-EAD we selected the option to request SSN. Now, she is getting an on-campus job and I intend to apply for her SSN, will this cause any issue when the GC-EAD is issued and USCIS sends a request to SSA.

Thanks
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Options for aged-out son on F1-OPT

Hello Mr Khannaji. My son aged out and could not be included on my I-485. He is currently on F1-OPT and I already filed his I-130 which typically takes 5-6 years to process. During this wait time he needs to maintain a valid status. The company where he is interning right now is offering him a full time position. He still has 6 months remaining on OPT plus another 24 months thereafter for STEM OPT. With this situation, what are the best options for him to continue having a valid status? Is it better for him to ask his company to start applying for H1B? Since H1B is a lottery, there is no guarantee if it will be selected in 2022 or 2023 or 2024. If the H1B lottery is selected, can he defer the H1B start date to the end of his STEM OPT so as to maximize the use of 36 months of OPT before starting H1B? Another question is, how early can he apply for OPT extension (which would STEM OPT now), before the existing OPT approval expires- 90 days or 180 days?

 

[ntklsatya]

FAQ: Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

Dear Rajiv Khanna Ji,

I would appreciate your suggestion or your input on the below scenario. Thanks for reading long story.

I had a call with my company attorney this week to request interfile as I am current (PD Apr, 2012). She is new to my company. I explained to her my request. She started saying that I have to file new PERM. I shocked a minute and I asked. Is it new 485 or perm? she mentioned again PERM. I shocked again and came out from shock in a minute. I told with her, I am with this/same company for the last 13 years. I asked her again, Why do I need to refile perm again? she started story saying that entity(EIN) changed with restructure and ur perm is not valid any more. I told her, you are new to our company but previous attorney filed my downgrade EB2 to EB3(Nov, 2020) and also I extended my H1B min 4 times. I never faced any issues. She told that I am in this profession 40 yrs and i am sure we have to refile perm. I asked previous lawyer about this during the name change time and couple of times. He told it is ok as we are under same ambarella. I have a call with her again on Tuesday. I am unable to digest and unable to sleep. If i have to refile perm means another 2-3 years minimum wait and I am current now in EB2. This is basic mistake from their end. Thanks again for reading long story.

 

[gangameenu]

Date Of Birth typographical error in Form I-129 before visa stamping

Hi Rajiv ,
My stamping is scheduled on Jan 18 th 2022 ... but my approval I797 and I129 has wrong DOB .. mistake is from employer/attorney side .. they are saying that we have raised service request and you can attend the stamping stating it as typographical error .. My question is does USCIS accept Service Requests for employer/attorney errors and correct those ? Can I go for stamping or should I need to wait for them to make an amendment ?

 

[ralph171]

Issues regarding working simultaneously for a U.S. company and a separate home country company while outside the U.S.

Hi Rajiv ji , Thank you so much for running this forum, it has been a great source of information.
I have a doubt.
- I learned that I can not do remote work for my home country if I am in US. But If I have a work visa in US and I travel outside US while continuing working for a US firm. Can I take up work and earn from my home country parallelly when outside US, Is it legal?
- Followup question - Can I enter US for a work visa stamping (like TN), while still having an active employment from home country - does this cause an issue. As we are not 100% on CBP decision to allow entry, we would want to have job security from home country if TN doesnt work out, Please advise best approach in that case.
Thank you.

 

[RajSam]

Interfiling/refiling issues -EB-2 and EB-3 active, changing employer

Hello Sir,
Thank you for doing this. I have been waiting in USA since 2003.My PD in EB3 is 01/08/2012 just within days of EB3 FAD 01/15/2012. Few folks waited for close to 10 years in EAD since 2009 to get their GC. if EB3 retrogresses even by a week ,the wait to get GC may be fore-ever. Hence evaluating if i need to refile and be in both EB2 and EB3 lanes. I have been with few companies with H1B. H1B extended beyond 6 years.
Current Company: Already had EB2 I-140 in October 2018 ported PD from previous company.

Applied for EB3-I140 Downgrade,I-765,I131 and I-485 for myself when dates were current under EB3 In October 2020.
RD 10/20/2020,ND 12/01/2020,
Both spouses and mine EAD/AP approved.
My EAD valid until 04/22/2022,
Spouse EAD until 06/09/2023
Both our I-485 application would be pending for more than 180 days.
My I-140 downgrade approved on June 2021.In few weeks 180 days for downgraded Eb3 I140 with current employer would also be completed.
My SOC code is 15-1133. Software Developer, Systems Software.
I'm still with my current company who filed both my EB2 and EB3.Now my FAD dates are current in both EB2/EB3.

Can i take up a Senior Manager Position with another Company in IT field ? The pay scale might be significantly different ? Would that be ok ?

Questions regarding refiling/Interfiling :

Refiling a new 485.

Does one's H1B has to be active for alteast 6 months before i could refile a new 485 ?
If I chose to refile will it reset my AC-21 portability period again ?
Would this impact our (me and spouse) underlying EB3 EAD and AP ? Can i still use my EB3 EAD to switch to another job while my new EB2 I-485 is still pending and 180 days have not passed ? or can i use my EB3 EAD(if we have not received EB2 EAD) either to switch to another job or use it with the current employer if 180 days have passed ?
Once we (me/spouse) refile and 180 days have not passed and if we have to work on EAD do we need to wait for our new refiled EB2 EAD/AP
or Can we work on EB3 EAD/AP?

Interfiling:
Does one's H1B has to be active for alteast 6 months before i could interfile a new 485 ?
If I chose to interfile will it reset my AC-21 portability period again ?
Would this impact our (me and spouse) underlying EB3 EAD and AP ?

Appreciate your responses.
Thanks & Regards,
Raj

 

[Nik20001]

Documents required to sponsor parents

Hello,

I want to know what documents I require to file for my parents green card.

I am a US Citizen, my mother is 79 years old, and father is 82. They are both in India. They have been coming to the United States since 1990 on a visitor visa.

They don’t have marriage certificate and birth certificate. I tried getting a birth certificate, but I was unsuccessful.

What documents I need which can substitute for their marriage certificate and birth certificate?

• They have multiple US Visitor visa stamped
• I have my birth certificate with their name on it.

 

[DEEPAMENON]

Remote work options for Canada PR working in the U.S. on H-1B visa

Question from our community member

I'm a Canadian PR-India passport holder. currently in USA on H1B (i140 PD Feb'18 no I-485 filed). New US job offer in Detroit metro sponsoring H1B, is there any issue for maintaining H1B status if I have my home just across the Canadian border (like in Windsor, ON) and commute to work to USA? Do I need to physically come into USA for minimum # days of week or month to maintain H1B status. Now that hybrid work(from office vs home) models are becoming the norm, new job may not need me to come onsite (to USA) on all workdays. Just want to make sure this is viable w.r.t. US immigration. Thanks as always!