Recording of January 06, 2022 Conference Call with Rajiv S. Khanna

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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 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.
Call Details:
Next Call Date: January 20, 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

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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New Member
FAQ: Consular processing employment-based green card with a job offer from a different employer

I have an approved I-140 EB3 category from employer A.

Currently I am in India working for Employer B.

Priority date on my I-140 is current now.

Can I go for consular processing of Green Card based on approved I-140 from employer A and job offer letter from employer B.

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New Member
Will changing my job titles and duties affect my I-140?

I have approved i140 under eb2 from employer A with more than 180 days . Priority date - 2019 . Moved to employer B . They will be starting new i140 in 2022 .

Question - job code and duties are different from employer A to employer B . Earlier i140 has sales engineer but new job position with employer B h1b is under job code 15-1199 / Sr Business analyst . Will there be a problem in porting priority date since job codes and responsibilities are different? Is there any way to port this date ? What are the options ?
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New Member
Application to replace a permanent resident card due to typographical error and traveling outside the U.S.

Hello Rajiv Sir,

Happy New Year!

I recently immigrated to the USA on a spouse green card basis. I got the actual Green card, but it had a typo so I applied for the replacement of the green card procedure i.e. i-90 to correct the mistake. So far I have been waiting for the new green card since June 2021.

Stamp Descriptions:
The actual stamp on the passport was stamped on May 8th, 2021. The printed expiry on the stamp i.e. IV Expires on 19th October 2021. Whereas, the stamp that was put on by the border agency at the border has an expiry of 7th May 2022.

1. What expiration date is to be used for the outside country temporary visit?
2. Can I travel outside the country on the basis of a passport stamp while still waiting for the green card?

Thank you very much in advance.

Best Regards,
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New Member
EB-2 & I-485 processing and job change after I-140 approval

Hello Rajiv,

I am currently working for an employer on H1B visa(recently changed from status from H4EAD to H1B). In the past i worked on L1B Visa and based on that my previous employer filled I140 via consular processing when I was in India. My i140 was approved and PD- Nov 2013, Eb2 category. What are my next options now?

Below are my details. Please advice my next options for filling I145 when Eb2 priority date is Nov 2013.
Visa: H1B
GC: Current employer started GC processing - prevailing wage in progress
Visa: L1B Visa
GC: past employer filed and approved I-140 via consular processing,EB2,PD-Nov 2013
Status: Case Was Sent To The Department of State

Can i start I485 when EB2 filing date >= Nov 2013 with my current employer using my old I140 approval?
Can i port PD from my previous I140 approval(CP) to new employer while filling i140 ?
Can i start I485 when EB2 filing date >= Nov 2013 with outside law firm not specific to current or past employer?
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New Member
Time taken to get residency after marrying a U.S. citizen

Hello Rajiv sir!

I would appreciate your help in clarifying the below:

(1) Assuming I were to start applying for US Permanent Residency in Q1 2022, post my marriage with a US Permanent Resident, how long would it take me to obtain Permanent Residency in the US?

(2) What would be the cost if I were to take the services of your law firm for applying for the US Permanent Residency?

I am born in India, and moved to Canada in 2016. Currently I work on a TN visa in the US, as I am a Canadian citizen. I am getting married at this time, and my soon-to-be spouse is a US Permanent Resident who is born in India. We both have masters degree from the US.

Thank you for answering my questions.

Happy New Year 2022 to you and your team!!
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New Member
AC21 regulations and I-140 withdrawal and revocation

Hello Mr. Rajiv.

I would like about AC21 and rules behind i140 revocations/withdrawal by employer.

Below is my suitation.

1. My I-485 is pending more than 180 days

2. My i-140 is approved and it's been only 120 days after receiving approval.

3. I am Still waiting for my EAD card.

So what if my employer withdraws OR revokes my approved form i140. Will I be eligible for portability and maintain i-485 adjustment of status ? I would like to the impact on this one.

Thank you
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Registered Users (C)
Green card holder working for multiple companies at the same time

Hello Rajiv Sir,

This is for one of my friend.

My friend recently received Green Card through his employer. Currently, he is working for the same company who sponsored his GC. Now, he wants to work as a consultant for another company while his job continues with his current GC employer. He plans to work 40 hours per week for the new consultant company. He is in software IT field. Both jobs are remote though.

The questions are below.

1. Is it legal for him to work on two different companies at same time? He will be having two W2’s though at same time?
2. Can the GC sponsored employer cancel his GC if employer came to know that he is working on other job at same time? He said he can manage two jobs same time since both are remote.
3. Is he going to have any issue during his citizenship phase?

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New Member
Considering that the I-824 follow to join procedure is lengthy, can I apply for reentry permit?

Hello Mr Khanna,

I recently received my employment based Green Card, however my wife was outside the country when 485 was approved (Marriage took place before 485 approval). I have filed I-824 to initiate Follow-to-join process. The current timeline for follow-to-join seems to be 2 years plus. Can I apply for a Re-entry permit and spend a year outside the country with my wife, without jeopardizing the Follow-to-join process.

Thank you
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New Member
Could Form I-797-A be made a valid document for reentry?

Considering the scarcity of visa appointments at consulates worldwide, can we as a group, petition the Department of Homeland security to make I797-A a valid document for entry into the US? At this point, hundreds of thousands of immigrants have been "stuck" in the US unable to see family for the fear of not being able to return to their jobs/studies.
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Santosh Menon

New Member
Can I apply for H-1B visa while on OPT?

Hello Rajivji,

This one is for my son who is currently on OPT in the US. His F1 Visa expired in June 2020 and last Oct his H1B was approved for consular processing. Since he intends to complete his OPT before activating H1B, can he renew his F1Visa while on OPT when he has an unstamped H1B?
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New Member
F-1 STEM OPT work permissions

Hello Rajiv Ji,

Happy new year!

I am on F1 visa currently pursuing my masters in Electronics and Computer Engineering. I recently have had a change of heart and want to give Management Consulting (McKinsey,Bain,BCG) interviews to land a consulting role. I am guessing this would land me into visa problems as H1B job needs to be related to the degree earned in US. Is there anyway I can get around this problem? Also if I am on F1 OPT (and later STEM OPT), can I work in management consulting as ECE Masters?

Thank you for you time and insights :)
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New Member
Entering the U.S. on a visitor visa with an approved I-130 petition and consular processing

Hi Mr Rajiv:

Thanks for the opportunity to ask the questions in this forum. Here is my situation:

My parents, located in India, got their I130 approved recently. We haven't started their consular processing yet. Can they travel to US on their visitor visa (that is valid through 2025) for 4 months (Feb - May 2022), and then go back home to begin consular processing?

Many thanks

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Prevailing wage determination processing timeline

My Prevailing wages is filed in first week of November 2021 in Connecticut. what is time duration to get it approve now a days?

just tentative idea on timeline. My company attorney said Prevailing wages will take 15 months to get approve.

Same question for PERM also, now a days how much time PERM is taking ?
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New Member
Primary visa holder reentering the U.S. on advance parole and the dependent on EAD and the impact on the AOS application when moving to a different location within the U.S.

Hi Rajiv sir

I have filled my AOS application (eb2-eb3 downgrade )last oct and both the primary and dependent have received the ead and ap recently . I have two questions.

1. we are planning to travel to india, At end of January and thinking of entering back US in advance parole and primary is planning to work for sponsored employer on h1 and dependent will use EAD for employment will it cause issues in future to move back to EB2 if that moves faster .

2 . And if I move to diff location in same company will it has any impact to my AOS application?( perm has only current location ) do I need to file any 485j or additional documents ?
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