Recording of January 07, 2021 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: 21 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]

180 Day Portability Rule

Hi Rajiv

I have a question with regards to is it safe to apply for a new job or changing jobs after 180 days of filing I-485 pending application and before I-485 final action dates becomes current if I have GC EAD?

If I apply or change jobs with above situations will the intentions question able during final GC interview by USCIS officer or complications you can see in this I-485 adjudication process?

Thanks

 

[mkvt]

Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas

Rajiv ji Namaskaar!
I always watch your each and every biweekly calls and has made me more aware to take decisions.
I have a different question that I haven't heard in any of the biweekly call videos.
Out of curiosity, I have started reading parts of immigration law documents around employment based immigration. I could not find any reference that clearly states whether dependents of green card applicants should or should not be included.
So, why is that the dependents are counted? Can you please shed some light on the history of this topic?
Also, I haven't seen anyone talking about this issue, rather heard people advocating removing per country discriminatory limits, which is currently facing lots of opposition. Do you know if there are any legal challenges on pushing for dependents not being counted?
Thanks!

 

[ContactGS]

How can I check to see if my former employer revoked my approved I-140 and FOIA request?

Hello Rajiv,

Is there a way to check if an approved I-140 is revoked by an employer after 180 days of I-140 approval?
I tried reaching out to my previous employer and they don't want to reveal any information.
My I-140 was approved on 01-May-2020 and I had raised a FOIA request to get the I-140 details.
Soon after I changed my employer and joined another employer.
I just want to check if my I-40 with previous employer is still approved or revoked.
I have already completed 6 years on my H1-B.
I also raised another FOIA request with USCIS to check on the I-140 status, but USCIS came back saying that they have shared the I-140 details in the month of May, 2020 and informed that the new request is a duplicate request.
Is there any other way to check the I-140 status and if it revoked or not?
Please help.

Thank you.
GS.

 

[Ashok A]

Advance Parole Impact on H-1B and H-4 status

Hi Rajiv,

I am on H1B valid till 03/2023 and visa stamp on passport was expired.
My wife is on H4 valid till 03/2023 and working on H4 EAD, her H4 visa on passport was expired.

Recently me (H1B) and my wife (H4 and H4 EAD) applied for AOS I-485, I-765 and I-131. But unfortunately there was a death in my family and I want to go to India and got Emergency Advance Parole only for me (H1B). My wife is not travelling with me, she didn't apply for emergency Advance Parole.

My questions are:
If I reenter using Advance Parole, my status will be Parole and I can continue working for the same H1B employer.
What happens to my wife on H4 and to her H4 EAD? since I will be actually not on H1B status, and I will be on a parolee, does it make my H 4 dependent out of status and terminates her H4EAD?
can she continue working on H4EAD after my return using AP? if she continues her H4EAD work, does that work considered as unauthorized employment?

Follow up questions are:
Once I used AP, can I go out of country and attend H1B visa stamping at an us consulate?
If I come back using AP, and that I94 is valid for only a year. do I need to go out and come back after one year?

Thank you for taking your time to answer our questions
Ashok

 

[Monika16]

Consequences of Leaving U.S. with Expired L-2 Visa and Expired L-2 EAD while I-539 and I-765 Petitions are Pending

Hello Sir,

I am on L2 visa and L2 EAD which recently expired on 23rd August 2020. I applied for renewal well in advance on 21st April 2020 (been 8 months now) which is still pending with USCIS (biometrics delays).

I have to urgent travel to India and I want to understand what will happen to my pending applications ( i539 and i765) will those be abandoned/denied or will be under process.

Note : I am eligible for dropbox appointment, Once I travel to India I will get my L2 visa stamped and re-enter USA.

Thanks for your time
Monika

 

[ITPro20]

H-4 Visa EAD issues and options

Currently I am on H4 Non-Immigrant status and Unemployed (as I am not authorized to work on H4 until I receive my H4 EAD). Recently I have filed I-485 Employment Based Adjustment of Status as a Principal Applicant due to my Priority Date became current. I have also filed I-765 EAD and I-131 AP together with I-485 AOS. Sponsoring employer has provided me Supplement J showing their intension to hire so that I can file my I-485 AOS, but indicating that I am not currently employed with them (Page 4, Part 6, Number 9 in the form). I am not employed with the sponsoring employer at the time of filing I-485 AOS, though I have every intension to join them, but I am not sure if EAD takes long time whether the sponsoring will hire me eventually or not.

Q1) Can I file EB I-485 AOS being on H4 as a Principal applicant?

Q2) Currently being on H4, can I later start working once I get my I-765 EAD based on I-485 AOS?

Q3) Can I continue to remain on H4 status until my I-485 is approved? OR, is it mandatory to be on an Employment Based Self-Dependent Non-Immigrant status (i.e. H1B) as H4 is Spouse-Dependent Non-Immigrant status, otherwise my I-485 can not be approved?

Q4) While my I-485 is filed and pending, can I change my status from H4 to H1B?

Q5) Changing status from H4 to H1B after filing I-485 AOS, will it invalidate my I-485 application?

Q6) Do I need to inform USCIS upon changing my status to H1B? If so, how to notify USCIS on my already filed I-485 AOS on H4?

Q7) Can I remain on H4 status, then move on to EAD based on AOS to start working?

Q8) Can the sponsoring employer withdraw I-140 that was approved more than 180 days if it's not for fraud or misrepresentation?

Q9) If they withdraw I-140 that was approved 180 days ago, but before I-485 pending for less than 180 days, will that invalidate my GC application?

Sorry for asking multiple questions. I am into a very tricky and complicated situation!! :-(

 

[Sravanj]

FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID 19

Hi Rajiv,

My Mother-in-law arrived in the USA on Feb 19th 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021.

Her authorized stay(I-94) expired on 8/18/2020

My Questions:

1) Can we apply second extension for another 6 months while her first extension is in processing, if yes, what is the process ?
2) Can she stay in the US even after Feb 4th (first application requested end date) while the application is being processed, will this be considered overstay?
3) What happens if my mother in law leaves before biometrics appointment?
4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?
5) Staying beyond 1 yr has any impact on future visits?

Thanks!!

 

[H1Eagerly]

Determining Whether H-1 Petition was Revoked by H-1 Sponsor

Hi Rajiv ,
How can I know my petition is revoked or not ? I have petition approved not stamped and not travelled and expired . When I check USCIS website it is showing as "Case was Received " 3 years before they didn't even update approval . My H1 sponsor is not even attending calls. Is there any way to check ?

 

[Sk12345]

Starting a New Business After I-140 Approval While on H-1B Visa

Hi Rajiv,

I am currently on H1-B and have a full-time job. My i140 was recently approved. I just wanted to know if there is any way I can start my own company while still working full-time for an employer. What are my options if I want to pursue this?

 

[Matthew1993]

Citizenship Process and Request for Diversity Files from 2001

Please help. I had my interview for citizenship two days ago. Passed ...however the supervisor asked for 5 years taxes...got that . They also want my unsealed DV case from2001. Disposition letter i gived them

 

[v3s]

Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending

Hello Rajiv Ji,

I have a question around AP. We recently applied for AOS, EAD and AP and are awaiting for their approvals. Me and my wife are both on H1B and my kids are on H4.

Once we get the EAD and AP approved, we can travel and re-enter to US on AP and we were told our status will now be on 'Parole'. Some of the questions/clarifications we have are:
- Our attorney provide this language in the FAQ's for EAD/AP. Just wanted your expert opinion on this:
Using an AP does not invalidate your H-1B or L-1 status (or your dependents’ H-4 or L- 2). You will retain your H or L status upon reentry on AP as long as your work conditions (entity/location/job family) match those described in your most recent H or L petition
- What will happen to our H1 and my kids H4 ?
- Do we need to inform our employer(full time) or submit any documentation to them ?
- If we are on parole status, do we need to use EAD ?
- Want to understand the con's of using AP on H1B and/or AOS

Apologize if some my questions are repetitive.

Appreciate your time and help.

Thanks,
Venu

 

[ricknim]

Regarding Return Ticket for B-2 Visiting Visa Extension

Hello sir, my parents are here with us on visit visa and we are planning to get their visa extended. To apply for an extension, is it mandatory to provide the return ticket? We haven’t finalized the date yet to book the ticket.
Also, how long would it take to get this extension approved in the current situation?

Thanks very much for your help !

 

[azadiracta]

H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing

Hi,
I filed my H1B extension recently in Nov 2020 in regular processing.My current H1B and I94 expired on Dec 10 2020. Now I got a new job and they would like to file my H1B in premium processing.

1) If my premium application is approved and the regular application is still pending, Can I join my new employer?
2) If I join my new employer and my regular H1B is denied, will it be considered a bridge petition and will I be out of status?
3) Is it the best to join new employer only after the first H1B is approved?

 

[IndiaCanada]

Follow up: AOS, Consular Processing Delay: "Administrative Processing"

Hello Rajiv Sir - I have received my GC though EB3 in 2018. But my family was in Canada while it got current and could not travel before it got approved. As per your suggestion I filed AOS for myself and Consular Processing for my wife and 2 kids. Unfortunately they got Administrative Processing since July of 2019. They have kept passports since then. They wait until the medicals expire and keep asking to redo medicals. I have approached US Senator also but did not help. Please suggest if there is an alternative.

Thanks so much!