Recording of July 07, 2022 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 will be addressed first and these FAQ 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.
-------------------------------------------------
Call Details:
Next Call Date: July 21, 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.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us: https://www.immigration.com/our-fees

 

[JZ_SE]

FAQ: Experience & education requirements for a PERM/labor certification-based green card

Hi Rajiv Sir,

Q1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?

Q2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.

Q3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?

Thanks Sir.

 

[ikhan2]

FOIA request and response from Person Centric Query Service

Hello Rajiv,

My I-140 was approved in 2021 and my petition is valid till 2024.

1. My current employer is not sharing the I-140 approval notice / details.
Therefore, I had filed FOIA request with USCIS. However I received a response as below.

"
We have completed a search of our Person Centric Query Service (PCQS) and Person-Centric Identity
Services (PCIS). No records responsive to your request were located. If you have reason to believe that
responsive records do exist, and you can provide us with additional information, we will conduct another
search. Please forward the additional information to the address listed above and reference the control
number which appears on this correspondence. If, after the second search no responsive records are
located, you will be notified. At that time you may appeal the determination by following the directions
set forth below.
"
I had shared notarized copy of my Passport,Visa and drivers license,current I-797, and mentioned I-140 receipt number in G-639 form with my FOIA request.

Please help me understand this response and what should be my next step.

2. If I file I-824 form to get duplicate copy of I-140. I am not sure if USCIS will share the duplicate copy of I-140 approval notice with me ?

Thank you so much for the kind help.

 

[Raj8409]

"Same or similar job" criteria for green card, checklist of required documents for form I-485 and change of location during green card process

Hello Rajiv Ji,

I worked at XYZ employer who did my I140 with PD 2017. Now I am with another employer it has been over 1 year and the employer is reluctant to restart GC process and giving weird reasoning that they can only start within 2 years PD cut-off. The way priority dates are moving these days it can happen that the PD can become current in no time. I am not sure how this company and their lawyer will expedite PERM (with no premium option) if ever they want to catch up with the dates.

Hence as plan B I am thinking to go back to same employer who sponsored my PD and file my I1485 when PD cut-off becomes current without having to go through the lengthy PERM-I140 process.


Questions:

• I understand the same job needs to exist at previous employer. I see the same job title and matching responsibilities listed but since employer had some business realignment the new jobs are within different department in the same company but with similar job titles and responsibilities.
• Secondly can I go back to higher designation jobs, such as supervisor or manager role in the previous company and can I still file the I1485 when PD becomes current or the company will have to redo PERM-I140 all over again for new designations.
• Since I485 filing is responsibility of employee what documents are required from company side to support the I485 document submission.
• Can I file I1485 now on the basis of old employer PD (I140 approved more than 180 days) while working with new employer (with PERM, I140 going on in parallel) and then move out to join the old employer if 485 is approved.

Question regarding change of location during green card process:

I had doubt whether the location change of H1b employee has any impact on PERM process. I am planning to move to different location (say Location B) and work from home the company and the job remains in the state where I currently reside in say location A. However if I move say down south and work from home H1b Amendment will be required. Does this impact the PERM process or later on I140 or I1485 (from location A). Does employer have to do PERM from the new location (Location B) or they can do at from location A. Once PD becomes current I understand I may have to come back to location A to continue on the job but till then can I live and work from location B.



Thanks,
Ganesh

 

[ashaabraham31]

Back up option during my max-out date when my spouse is on H-1B with I-140 approved

Hello Rajiv Sir,

My Maxout date including recapture days is Oct 28 2022. My employer have filed for perm during first week of march 2022. My husband is on H1b with his i140 approved recently. his visa is valid until April 2023. I am looking for backup options as there is a very high chance that my i140 wont get approved within the maxout window. I have few questions

1) We were thinking to file H4+H4 EAD with a start date of Oct 17 and stop working on that date so that i can legally stay in US after maxout. by doing this , will I be exhausting 6 year of h1b visa being in USA. Will my employer be able to file h1 extension once i140 is approved?

2) lets say we file for COS effective Oct 17(mostly the application will be still in process based on current timeline) and we get the i140 approved before maxout . Will my employer be able to file an extension based on i140 during this period ( Oct 17 to Oct 28) or will i be in H4 status during that period?

Regards
Asha

 

[vickyattx]

Green Card Approved - What is the next step from USCIS?

I-485 has been in approved status for the past 20 days but have not received GC. I have an international trip coming up.
Who can I contact to get the GC printed and mailed? I believe my EAD/AP Combo card or H1B is not valid for travel anymore.

 

[sandy991986]

Changing jobs during the green card process

Hello Rajiv Ji,

Situtation:
My priority date is July'14. I have an I-140 approved from Employer "A" in EB2. Unfortunately, I switched my employment with Employer "B" last year. With June'22 visa bulletin, my date is current and I am eligible to apply for I-485. However, I am no longer with the Employer "A" that I have the 140 approval with. I do not have a labor/140 approval with the current Employer "B". But, My current Employer "B" has started GC process last year and they are planning to file PERM application in next few weeks. My current Employer "B" is suggesting to apply I-485 based on previous Employer "A" I-140 so I will be in line of processing my GC. They were thinking that the I-485 will take atleast 6 months to process so, if they get I-485 RFE, by that time the PERM/I-140 will get approve with the current Employer "B" and they are planning to swap the PERM/I-140 with USCIS.
They are suggesting it is nothing harm to try this strategy during my current situation.

Questions:
1. Can my current Employer "B" still file I-485 with my previous Employer's "A" approved 140 ? Can I really do this as even EAD will not be valid unless employee works for 6 months for GC processed employer from the date of I-485 receipt date?
2. Should I wait till my new PERM approved and port priority date though it takes 7 months. But in 7 months, the dates might get retrogressed.
3. Do I need to switch back to my old Employer "A" to file 485?
4. What are my options? What is the best strategy to move forward during this situation?

Thank you so much for your help!

Thanks,
Sandy

 

[JZ_SE]

PERM and H-1B amendment for location change, employment verification letter and RFE, denial of employment of green card based on previous employment and experience in hours required for employment based green card application

Hi Sir,

Q1. During PERM and H-1B COS process, does relocation (change of residential & mailing address) creates any problem, provided that the job location is same and will remain same, and the intention is to relocate back to worksite in future?

Q2. During employment based green card process, if unable to get employment verification letters from previous employer(s), then what could be the best alternative to prove required experience, without leaving any margin of getting RFE and delaying the case?

Q3. Can an employment based green card application be rejected if the evidence of previous employment is not strong enough?

Q4. If I have a 1 year of past experience with weekly workload of 35 hours, can it be used to satisfy required 1 year of experience in employment based green card application?

Thanks Sir,

 

[JZ_SE]

FAQ: Continuing work or reverting to STEM OPT during H-1B Change of Status

Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?

Suggestion: This portal does not allow to edit a question after 30 minutes, can you please remove this time limit so that we don't need to do multiple posts? Thanks!

 

[mvs]

"Case closed benefit received by other means". What does it mean with respect to EB3 I-485?

Hello Rajeev Sir,
Thank you so much for the service. Here is case history:

I filed my 485 in EB3 ( with approved i-140 in EB3) on 08/31/2021 for me and my wife. PD got retrogressed, so we refiled another 485 in EB2 ( with approved i-140 in EB2) on 31st Jan2022. We got EAD and AP cards on 01/27/2022 based on the EB3 -485 application but had spelling mistakes on both cards (mine and my wife). My attorney opened separate service request for both of us. USCIS cleared my service request but my wife's service request is not yet assigned to anyone. On 06/28/2022 I noticed a status change for both EAD and AP filed under EB2 as "Case Closed Benefit Received By Other Means". I also noticed that my wife Service Request is been associated with my 485 J (EB2).



My Question are :

1. Does the unassigned service request of my wife cause any delay or stop USCIS to make a decision on my 485?

2. Is it better to get the service requested closed to avoid any potential delay? Is it even possible to close a service request from our end?

 

[pranavkapoor1]

G visas for employees of international organizations and change of status

Asking for a friend. He has a job with the World Bank and is on OPT. They wish to file G4 for him.

1. Is it possible to change status from F1 to G4 within the US or does he need to go to his home country to get a G4 visa. If it's possible to change status, how long does it usually take to process a G4 CoS from F1.
2. His wife is on F1 OPT as well. Is it true that she will forfeit her F1 as soon as he is on G4. Is there a way for her to keep her F1 OPT till G4 dependent EAD is obtained
3. Are there any restrictions on G4 EAD like there are on OPT EAD (such as job being related to field of study).

 

[aks341]

What are the consequences of withdrawing the I-485 of a cross chargeable spouse?

I work on H1B. My I 485 and wife's I-485 was filed in April-2022; Wife was born in a country different from India( therefore her priority date is current). My priority date became current in April 2022. Considering possible situations:

• wife wants to move to India; She wants to live in India-so I don't know if she will come back; Asked me to withdraw her I-485 now. Or should we make this decision later – what are some possibilities / implications.
• What would be consequence of withdrawing her I-485, on my I-485?

 

[Hrz1]

Can students with a masters degree in progress apply for a EB-2 visa?

Hello!

1) EB category for Advanced Degree holders requires typically Masters level degree for eligibility, can the students apply for EB2 self-petition while they're studying their Master's degree or only after they complete their degree?

2) what can be the possible issues, if accepted, like will the student not get CPT/STEM-OPT and might have to leave country for some time?

Thank you!

 

[DEEPAMENON]

FAQ: For PERM, can I use my master's degree completed after I joined?

My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?