Recording of February 04, 2021 Conference Call With Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member

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: 18 February 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.
 
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Completed I-765 form with a mistake, will the application get rejected

Hi Rajiv Sir,

Thank you for your time and for organizing this community call.

I applied for my post completion OPT and filed the I-765 form with USCIS. While I wait for the current processing backlog for a receipt notice/number, I recently realized in that form, there was a question under applicants statement that states: "I can read and understand English, and I have read and understand every question and instruction on this application and my answer to every question". I am not able to recollect if I checked that box on the application I sent. I talked with the USCIS customer representative and they said that mistakes can be fixed by sending a letter to the processing center that has my application once I get my receipt number.

I am worried that my application would be rejected for this and by that time I won't be able to send another application. My grace period runs out on 26th March 2021. Please help me with what I can or should do.
 
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I-140 is withdrawn before 180 days of pending I-485 and EAD application

Q1) If I-140 is withdrawn before 180 days of pending I-485, then will they deny the pending EAD application even if the biometric is completed?
Q2) What if EAD is approved, but I-140 is withdrawn before 180 days of pending I-485, then will that approved EAD become void as well?
Q3) What if someone has already started working on approved EAD based on AOS, for which I-140 was withdrawn before 180 days of pending I-485, that the person comes to know later point of time? Will that be considered as unauthorized period of work and/or unauthorized period of stay?
 
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WD 7A1 stamp and future vacation travel to US

Hello,

To preface, I am a Canadian citizen.

A few days ago, I was mislead by an 'employer' and tried to enter the US to work for them without a proper visa. I was truthful about my intentions from the start of questioning with CBP, the officer knew I had made an honest mistake. After doing a sworn statement of my intentions and acknowledging that I need proper work visa to work in the US, I received a "7A1" stamp in my passport, and I was allowed to Withdraw my Application for Admission and returned to my home Province in Canada.

My question is, am I still allowed to travel to the same destination in the USA for vacation? Should I wait a specific amount of time before trying again? Will I face issues proving my intentions of travel in the future?

Thank you!
 
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B-2 visa duration and extension

Hello Rajiv sir,
Thanks for answering my question couple weeks ago. I have these below follow-up questions:

1. Can a b2 visa holder return back to the us within 6 months of their visit?
2. I’ve applied for b2 extension and it is still pending, now can I leave and come back within the requested extension period if it’s approved?

Thanks for help!
 
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Getting a US Passport under Section 320 for a Minor

Hi Rajiv S Khanna

I want to discuss the immigration matter related to my biological son who got a US Green Card in Atlanta in 2008 as a minor. I want to get him a US Passport under Section 320 of the Immigration and Nationality Act. I wish to seek some initial advise. My son is now in India with me as my job is here in India. I am a US Citizen and my son was in my custody in Atlanta GA in 2008 and still is in my custody in India. Hoping to get some advice on this matter, thanks a lot
 
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Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping

Hello Rajiv Sir,


Greetings. Hope you are doing well. My name is Akanxi Shah. I got your reference through the youtube channel of Yudi J. I also joined in the live session which was held on Tuesday, Jan 12, 2021. I have a couple of questions in that I need your suggestion. Thank you so much for your humble help in giving guidelines.

First I want to share my background here.
  • I came to the USA in May 2018 on an F2 visa.
  • In 2019 my visa change to h4 as my husband got an h1 visa.
  • I have started a study on the base of h4 in January 2020. Currently, I am pursuing Masters's in IT and this is my 4th semester. There is one semester left.
  • My spouse's green card process has been started in December 2020.
Now the thing is that am not sure which way to choose, waiting for h4 EAD or convert my visa from h4 to f1 by going to India for visa stamping and regarding that process, I have a couple of questions.

Questions:
  1. My h4 visa is on the paper not on my passport, it is still an F2 visa, so is there will any issue that can occur at the visa interview?
  2. If I got my F1 rejection and then I apply for h4 so is there any chance to get h4 rejection? Should this create any problem?
  3. Now all classes are online so how to tackle the questions like 'I can study from my home country as everything is online' at the USA immigration? Is there any chance to reject entry in the USA on an F1 basis?

Please provide your guidelines about this scenario. It will be very helpful and a big relief for me.
Thank you so much.


Regards,
Akanxi Shah
 
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On F-1 visa stamped for 5 years for 1 year graduate course and unclear when required to leave

Hi Rajiv Sir

Hope you are doing fine. I recently moved to the United States in January 2021 on an F1 visa. I got my visa stamped for 5 years. However, my course is Masters in Law, which is of only 1 year. I am a little bit confused with regards to this whole situation, as the OPT period will be for only 1 year. So my query is how much time will I be allowed to stay here after my course?

It would be of great help and I will appreciate your effort if you can throw some light on how this thing is going to work?

Best
Abhishek Deswal
 
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Applying for a re-entry permit after receiving green card

I might need to continue working abroad, for a year or two, for the German subsidiary of my US employer, after receiving a green card. Would it be adequate to move to the US for about 3 months, soon after receiving it, and apply for a re-entry permit while I'm there? Please advise.

As always thank you for hosting this service.
 
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USCIS Receipt Notice Delays for I-140/EB-1C

My I-140, for EB-1C, was submitted on Nov 23, 2020. Neither my employer nor the attorney has yet received the receipt. Is this normal, these days? Please can you provide some color, if so?

Thank you.
 
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H-1, H-4, EAD expiring: H-1 extension already filed

Hi, assuming h1, h4, ead expiring in april 2021, h1 extension already filed, isn’t it a good idea to :

apply for H4 visa (using ds160) as soon as spouses get h1 approval-> get an appointment for the earliest date -> when the appointment date is almost there, travel outside US -> go to consulate on appointment date-> get visa on passport in 7-10 days -> come back to US -> apply for EAD
 
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B-2 extension and RFE responses for parents during covid

Rajiv, I must appreciate your conference call initiative. Not many attorneys provide legal advise free of cost.
Case at hand:
My parents were visiting USA last year and we filed for I-539s for their B2 extensions due to covid - separate online applications for mother and father as online one cannot combine applicants online. My father's application has not been responded yet but my mother's application has received a RFE.

Few questions.

1) In RFE USCIS has asked to prove that there was an attempt to leave USA and prove intent to depart. What documents should be provided to support this ask.

2) We had submitted a statement explaining the extension but USCIS mentions -
"The reason you provided appears to be a general statement rather than a detailed explanation to demonstrate you are only participating in B2
Visitor for Pleasure activities. Notwithstanding the prevailing circumstances in response to the coronavirus (COVID-19) pandemic, the burden remains on the applicant to establish that the extension is needed, and to document the lack of available travel options."

My parents did not travel due to COVID-19. Ofcourse there were less travel options and they could have to travelled India with Vande Bharat flights which we decided not to do. How do we prove that there was lack of travel options and establish that the intent to stay in USA was due to COVID.

3) Financial resources - USCIS is asking for B2 extension visit itinerary with travel plan, lodging details and how the B2 extension will be financially supported. Given it is covid we have had no travel plans. Lodging will be at my home only. For financial support my parents have bank statements of Indian banks. Plus I can provide sponsorship - Is it advisable to do that? If yes, do I have to fill I-134 or a simple letter stating my support and supporting documents will suffice.

4) Hypothetical situation - If B2 extension is denied - would my mother accumulate any illegal extension if she departs before the case is adjudicated and denied?


Any other input you have on the B2 extension RFE responses will be very much appreciated.


Thanks for your help!
 
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Applying for H-4 after marriage with an approved I-140

Thanks for your time and taking this question Mr. Rajiv !

My fiance is in the US on H1B. I'm not currently in the US & don't hold a H1B/L1B at the moment, so planning to apply for H4 after marriage. I have an approved i-140 though (EB3) from Nov'10 and expect my priority date to be current, or close to being current when i go for the H4 visa stamping at the indian consulate.

1.Is there a risk of me being denied the H4 visa due to immigration intent. What should i tell the officer at the consulate? Will the same apply if my date is only current per the filing date chart but not final action.

2.If my fiance's I-140 is approved by the time of marriage, would you recommend we go ahead with just the H4 or H4+EAD as well? Will one work better than the other with regards to getting a visa at the consulate? In other words, is it better to apply for the EAD until after i get the H4 visa AND i'm in the US?

3. what would you recommend if her priority date becomes current by then & she files the i-485 / Adjustment of status?

4. My current employer might soon file a H1B for me (they are waiting for the administration to change and new rules to take effect). If the H1B approval comes before my H4 visa appointment, can I still go for the H4 visa stamping first, then later for the H1B stamping? (If its easier to get the H4, i'm thinking might as well get it first before the H1B visa). Or will the H1B approval automatically stand cancelled if i go for the H4 visa stamping? I wasn't sure if/how the last action rule apply will apply in this case
4a. Similarly, if the H1B approval comes after i get the H4 visa, does the H4 visa automatically stand cancelled? Again, how will the Last Action rule apply in this situation?

5. If i enter the US on H4, can i apply for change of status from H4 to H1 immediately? Is the receipt notice sufficient to start working, or should i wait for approval?
 
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FAQ: Age Out/CSPA for children immigrating to the US

Hi Rajiv, I am working for a S/W company , I have a 8 years Old Daughter who was born in India , I am having EB3 /priority data in July 2016 , My question is , How can i ensure my child to remain in US after 21 , and if the change that is now in the horizon can help me and my daughter to get the green card before she turns 21 , Thank you sir, I will highly obliged if you can give me some direction , Thanks again!

-----------------------From Jio-----------------------

AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21

Thank you for these community calls and your guidance. It means a lot.
Background: Husband came to the US on H-1 , I and the children came here on H-4 in June 2017. Daughter was 18 at the time and enrolled in a Community College to eventually transfer to a 4 year college in the US. In June 2018, we applied through EB-5 when she was 19. Nothing moved for a year , so our daughter had to get an F-1 as she was turning 21 years old in April 2020. We did not do adjustment of status but she instead went to India and got her F-1. She entered the US on the F-1 in Jan 2020 to continue her undergrad. After Covid and classes being online, she left for India in May 2020 and has returned in Jan 2021.

Our petition has been approved on Jan 19th 2021 and we all would like to file for AOS, asap since India is current.

Having said that:

What are the chances of my daughter’s AOS getting rejected if we apply for AOS in the month of Feb/March. She has returned to the US from India Jan end. We do not mind waiting it out till May, if applying for AOS immediately after entering US on F-1 is not advisable , but fear that India may not remain current in the month of May 2021. Plus getting the filing over with is one thing done.

That’s my second question: How likely is it that India remains current for next 3-4 months. Can I ascertain that somehow?

Third question: What are the approximate time frames to receive Work and travel authorisations once we file for AOS?
 
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Moving to H-1B from Adjustment of Status if currently working on EAD

Is it possible to move to H1B from adjustment of status if I am currently working on EAD. The EAD/AP delays and constant renewals are creating a major trouble and company is ready to sponsor H1b consular processing. If I get h1b stamping done, will that affect my AoS process for GC?
 
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L-1A Stamping in Canada instead of India - Advantage

Hi Rajiv,
I am from India, was on H1B in USA for 10 years have approved EB2 I-140, moved to Canada on work permit in 2019. Now company is planning to process L1A, my questions are
1) Since this will be first L1A visa stamping, can I apply for visa Stamping in Canada itself (when it open doors) as I am here in work permit or do I need to go to India as my home country.
2) Any complexity of selecting Canada over Home country India and what is your recommendation please.
 
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FAQ: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485

Dear Rajiv sir,
My name is Mohan. I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010 in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.

1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?

2a) After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?

2b) If I am not required to work continuously after getting AOS/I-485 EAD, then how many days/months could I stay without working on EAD received based on I-485/AOS?

3) I am working for a consultancy company and recently changed my client who is not within 50 mile radius of existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?

4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?

Many many thanks for your advise and time!!
Mohan.
 
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Downgrading and processing time issues


Hi Rajiv Ji,

Mine is the Employment based question. I have a EB2 I-140 approved (India) with PD of Oct 2013. Back in Oct last year, when USCIS was accepting the applications based on the filing dates, my company supported the I-140 downgrade followed by I-485, I-765 and I-131 for me and my family. For this my company hired immigration attorney to which I submitted all my documents and finally the applications were submitted and received at USCIS on Oct 30th 2020.

Last Friday, I got all the notices (finally), however they were all rejected with two reasons mentioned there. 1. Either the payment amount is incorrect or not paid and 2. Visa numbers are not immediately available for my PD. I talk with the attorney and they said they submit with the correct amount required for each applications. For the point 2 above, it was a valid as we submitted the I-140 downgrade (which my attorney has confirmed that it got rejected as well. I didn't got the rejection notice for that) with all the applications and that makes the other applications valid up to the point that they can be accepted and issued a receipt.

Question is will USCIS accept the application again, now since they are considering the final dates (and not action dates) in the latest bulletin, assuming the fee checks amount was correct ?

Also, when USCIS first get any application, do they make a record of copy of applications filed and which got returned in such case as rejected? What I am trying to understand, on what basis they will validate that it is a mistake at their end and not the attorney or the applicant?

Finally, what are the other options left otherwise.


Thanks
 
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