Recording of February 17, 2022 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: March 03, 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.
 
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FAQ: Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions

Dear Team,
I am Ilayaraja. We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. for the second extension, we got a letter from USCIS stating, "Since they left country, USCIS is not approving the extension, However they can travel again"
Again in 2019, they came and left US in 6 months.

This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at port of entry. After a long wait time, CBP came back and told that they have overstayed and they have cancelled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.

Though we followed the process defined, we are really not sure why they cancelled the visa.
With this situation, Can you please advise what is our option,
1. Can we appeal for visa reinstatement?
2. Can we go back to country and apply for B2 Visa again in May ? Or We should wait for some time before applying again?

Thanks in advance.

Best Regards,
Ilayaraja Palani
 
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FAQ: Interfiling
Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

Hi,

I am on H1B visa with employer A. Have approved i140 with priority date as Oct 2015 under EB2. Looks like EB2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employer when PD is nearing anytime soon.
If I switch to employer B, what if my PD becomes current before employer B i140 is approved?
how long can I wait after my priority date becomes current to file i485 with employer B i140?

2) Will there be any issues for H1B transfer and further H1B extensions with employer B when the new PERM/i140 is still under process?

Thanks,
Sreekumar
 
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FAQ: Interfiling
Interfiling from EB-3 to EB-2

Filed at previous employer
- 180 days of 485 pending crossed
- Concurrent EB3 I140 downgrade approved
- Original EB2 I140 approved for more than 180days from the approved date
- Received EAD Combo Card

- Moved to new employer on H1 using AC21 and filed 485 J

Can I interfile from EB3 to EB2 at the new employer when EB2 PD becomes current, as AC21 is all passed?

Would be really helpful if you can update in the FAQ at your website as many are waiting to know this query as there is no proper documentation on this
 
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FAQ: Interfiling

EB-3 to EB-2 was downgraded as per the amendment. Can I now interfile?


My EB3 was downgraded to EB2 in Oct 2020 and the attorney marked the amended box ( "To amend a previously field petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021
Changed the Employer ( though transferred H1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012
Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1) If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2) If we interfile, will there be an impact on the Eb3, incase they reject it
3) What is the best way now to have both EB2 and EB3 run parallelly. What is the fastest way to get to GC in my case.

Thanks
 
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FAQ: Interfiling and AC21 Portability
Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3

I am on H1B since past 16 years
Recently received my I485 EAD after downgrading from EB2 to EB3
Can I work fulltime for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H1 status?
 
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H-4 and AOS status after divorce

1st of all I'd like to Thank you much for the service you're providing.

1.Getting divorce while on a H4 dependent visa will make me go Out of status?

2.Currently I’m waiting for EAD on EB3 petition (priority date was Aug 2011), do you advise me to apply for Interlink EB2 as well so I can get the EAD sooner than EB3? based on my Priority date?

3. Husband is on EAD (EB2) and in Nov 2021, he got into criminal charges like Assault and Battery charges and he also appeared in the court and settled with the victim and recently the case was dropped. What would be the impact on getting his GC due to these charges, does it DELAYED or REJECTED?

4. I've been the Owner of an "C corp Inc" company for over a decade and I was on H-1B and currently on H4 dependant and I'm expecting EAD sooner on EB3 category. I have not taken any Pay/Salary or profit margins all these years, does that still impact getting EAD or GC in near future? If it does, can you please explain in which way it affects?
 
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F-1 visa internship rules and chances of getting a H-1 Visa

Hello Sir,

Thank you so much for your service.

My name is Aletta. I am on an F1 Visa. I entered the US on the 20th of Aug 2020. I recently took up an internship (Sep 20th) at a company and discovered in a month (Oct 20th) that I was not authorized to do so. My university's DSO advised me to leave the country, get my visa stamped again, and re-enter the country with a new i-94 on Oct 27th. My question is whether or not this step will reduce my chances of receiving an H1-B visa. If that's the case, what's the best way to deal with a scenario like mine? The DSO even told me I cannot get an OPT till December 2022. I was supposed to graduate by May 2022. It had not even been a month I joined the company. Do 3 paychecks really come into attention?

Thank you in Advance!
Aletta:)
 
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FAQ: Interfiling, Returning to Old Employer
Going back to the previous employer since PD for EB-2 may get current in 6 months

Hello Sir,
My PD is May 2014 for EB2 with an approved I-140 with Company A, I joined Company B 3 years ago and have not started PERM process. Since my PD may get current in the next 5-6 months, I am thinking of going back to Company A. Had a quick chat with them already and they are ready to take me back and start I-485. What issues will I face with USCIS after they file for I-485? Are there any risks that you see with this approach? I will still be working in the same category/job description. How long will the I-485 process take?
 
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Can a senator help with my daughter’s green card?

Hello Rajiv Ji

Thank you for your service to the community.

FACT-1: My wife and I have received our Green Cards in Aug 2021 under the downgraded EB3 petition.

FACT-2: In Oct 2020 when I filed the AoS for myself and my wife, we COULD NOT file for my daughter's AoS based on our Immigration Attorney's recommendation, as my daughter was close to aging out and her F1 petition was still pending with the USCIS. However, once I received my GC last year, were able to file for my daughter's AoS under the CSPA rule. Her I-485 petition was accepted in Sept 2021 and in Dec 2021 we even received an RFE asking us to submit her I-693 Medicals, which we have responded to.

FACT-3: Her F1 petition has been approved and she is currently on an F1 student visa.

FACT-4: My daughter has also received her GC-EAD yesterday (2/3/2022).

FACT-5: Since the EB3 dates retrogressed, my PD (Priority Date: July 2012) is still 6 months away under the EB3 category. Current PD under EB3 is Jan 15, 2012.

Here are my questions:

Q1. Will approaching a Senator/Congressman, help in obtaining the GC for my daughter, or is it out of their jurisdiction since the PD is still not current?
Q2: Is it safe to assume, that since USCIS has requested for the Medicals in the RFE, which means they have reviewed her case and have found the i485 application to be in order and that they are for sure to approve her case once the PD gets current? In other words, is there any likelihood that the dependent I-1485 petition of my daughter will be denied/rejected?
Q3. Will you advise her to start using her GC-EAD or is it sensible for her to remain on F1? Is there any risk in abandoning the F1? Is there any likelihood that the dependent I-1485 petition of my daughter will be denied/rejected?

Appreciate if you could clarify and if you have any advise for us

Thank you
Manish Savale
 
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H-1B Dropbox-stamping in India: Payslips, Documents and Form DS-160

Hi Team,

Thank you for your support. I have the below questions. Could you please clarify and do the needfull.

I am planning to go for H1B Dropbox-stamping in India and planning to physically stay in India from March 1 to March 30.

Clarifications:
1) Legally, Is it required for my employer to run the payslip irrespective of the scenario that I am working during the stay or in vacation Leave while I am in India? what are the options with respect to running the playslips?
2) As per my understanding, whichever employer I mention in DS160 form that will be considered as my employer. Please correct me if I am wrong.
3) what are the minimum required documents and optional documents that I need to submit for H1B dropbox?
4) If I work for 2 different client for 1(same employer). Is it ok to do that during stamping?
5) I have only one stamping ie., L1b stamped on 2011 in my old passport. I didn't get any other stamping in my passport after that. Could I know am I eligible for dropbox for my H1B stamping?
 
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Does it matter if I use family based EAD/AP while employment I-485 is pending?

I have both family and employment based I-485's pending. I received EAD/AP from the family based case. Planning to use that EAD/AP card for employment/travel. Would it affect employment based I-485 processing?
 
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Change of status from F-1 to H-1B

Hi Rajiv ji,

I'm currently a masters student and on F1 status. My last semester is Sep - Dec 2022 where I'll be taking one course to finish the requirements of my degree. A company is registering me in the March 2022 H1B lottery. If I get picked and my status changes to H1B on October 1st (before my classes have completed), how does that impact me?

1. Can I keep attending classes from October to December on H1B status to finish my degree.
2. On F1, I need to be in person to attend classes. The moment I switch to H1B, can I attend classes remotely/online/lecture recordings?
3. Can I commute from Boston (H1B location) to my university town (90 miles away) to attend classes/give exams in person once a week?
4. Under this scenario, I never applied for OPT at the masters level, so can I get OPT (and STEM OPT) at the masters level for another degree in the future (by switching back to F1)?
5. How likely is USCIS/consular officer to frown upon this in the future (i.e. switching to H1B before completing my masters degree) and cause me troubles?

Thanks,
Pranav
 
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