Recording of July 08, 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: 22 July 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.

 

[nj snehshree]

FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances

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Namaste Rajiv ji,
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec2021.

Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-

1. Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
2. If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
3. Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?

Thanks for your kind advice and noble service to our community!

New H1 (after previous H1 job loss and this EAD filing) got approved eventually in Dec'20 I meant not 2021, sorry for typo!

 

[immigquestt]

FAQ: Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485

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Hi Rajiv sir,

I had a domestic violence charge that got dismissed in pre-trial.

Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.

And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.

I've a few questions around this:

1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?

2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?

3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.

When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?

Thanks a bunch for your noble service and the kind heart to help people like me.

Grateful to you Rajiv sir!

++++++++++++++From ash198412++++++++++++++++++


Dear Rajiv Sir,

In December 2020, an Unfortunate incident happened as we as a couple engaged in arguments and physical arguments. I was arrested, fingerprinted. The case is still pending. Looking for dismissal and complete seal of records

few questions

1.) Do arrest charged matter in the matter of getting visa stamping in India in the future and petition renewal
2.) If the case is dismissed - will that be fine with VO and PEO / CBS officer
3.) Can you suggest how and what should be final disposition letter
4.) Can it be possible to request for the removal of fingerprint from FBI records

Thanks in Advance

 

[sen1]

H-4 EAD to H-1; H-1B Transfer/Extension with Approved I-140 from Previous Employer
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I have around 3 months of time left on my 6 years of h1b max out and recently my i-140 got approved with employer A ,currently working with him on H4-EAD and he didn't hold my H1B in the past .Its been more than 6 months since my I-140 was approved and I would like change the employer . Since my employer will revoke the I-140 once I leave the company A I want clarification on the below questions

Q1:I have valid H4-EAD for 1 year, Can I change employer B now and work for 1 year in H4 EAD then convert H4-H1 based on the approved I-140 from employer A ?
Q2:If employer A revokes I-140 once I leave the company A , Can I use approved I-140 from Company A for converting H4-H1 after 1 Year?
Q3:I believe the beneficiary can use the approved I-140 for any extension/transfer any time in the future after 6 months irrespective of employer revokes or not.is my understanding correct ?

 

[AbhiPr]

221(g) White Slip and Administrative Processing
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Hi Rajiv,
I express my gratitude for your selfless service.
My I129 application was selected in H1B lottery with previous employer in 2016. In September 2016, I received RFE status. In Jan 2017, RFE was approved. In March 2017, on visa interview day, I received white slip 221(g). My previous employer sent the requested documents as per the requested documents in the 221(g) white slip for further processing . After some days, when I checked uscis website, status changed to administrative processing. On October 2017, the status changed to Revoked. Currently, I am working with different employer.

My queries are:
1. Is my petition still valid?
2. How long the 2016 approved case is valid for visa processing after revoked status?
3. Can my current employer use the same petition for fresh visa application and exception from lottery process?
4. What is the process for fresh visa application using the same petition that I can check with my current employer?

 

[sk1239]

EB-2 to EB-3 Downgrade, I-140 Processing Time and using AC21/I-485 Supplement J
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Hi Rajiv, Watched your youtube videos on ac21. Here is my situation and could you please give me advice? Thanks.
EB2 PD : Sept 2012 approved from public/listed big Company A.
Company A acquired by Company B which is also a big company.
Company B filed EB3 downgrade/Successor in interest + I485 filed on OCt29 2020.
Laid off 90 days after filing both petitions on Jan31st 2021.
H1 transferred and joined the new company on Feb1st 2021. H1 applied in Jan2021.
140 is pending more than 180days and will NOT be revoked/withdrawn by the employer but may not respond to RFE.
485 pending for more than 180 days now.

What are my chances of 140 approval? Would 140 be approved if uscis sees my h1 transfer before 180days.
Can I use ac21/485j when 140 is approved?

 

[whipperhand]

H-4 EAD and LLC (Limited Liability Company)
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Dear Rajiv Sir,

I have a question related to H4 EAD and LLC. Can a H4 EAD holder start(single entity) or be partner(with another GC holder) to open a LLC for real estate investing.?

If EAD is expiring soon and is already filed for renewal ( as of today it appears it takes around a year for renewal), how does H4 person who has initially opened/partnered for LLC be impacted? Can that person continue to hold partnership(with another GC holder) or continue operating the llc(single entity) or he has to dissolve the investment?

Thanks
MP

 

[DEEPAMENON]

Question from our community member:

My current employer's PWD for GC has been filed. Perm will likely be filed by Oct.-Dec. however, with current DoL processing times sadly, it won't be certified in the narrow window USCIS allows for i485 filing when my old retained priority date is likely to become current then. Old i140 sponsoring employer had terminated me very inhumanly-no notice for false reason (that HR came up which can be proven wrong) after making me work onsite through pandemic times when it was tough to find people to come into plant, as they kept running in the name of essential manufacturing-somehow managed to get exemption from Govt. orders. i140 by this old employer has stayed approved from 2 yrs and they didn't bother to withdrawn it. However from experience with this cunning HR, don't expect support for supplement J filing for i485.


If date becomes current while new Perm is in process (so not ready for new i140 filing), will it be possible to try file i485 without suppl. J based on old unrevoked i140, at the point when we know that dates will retrogress in subsequent month. While USCIS takes months to even process receipt or issues RFE for no supplement J it can still help to buy some time for new i140 to be interfiled if Perm gets certified till then. Please share your experience/thoughts? Do they reject i485 upfront without supplement J? If rejected, does it create any issue for future i485 filing when the new i140 is actually filed and dates become current again? Thanks much for your valuable help and advice!

 

[smokey123]

Changing Jobs while I-140 Pending
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Hello Rajiv,
My project with the end client is ending end of July'21. I have filed I-485 adjustment of status, received EAD cards, and EB3 downgrade I-140 is in pending status for more than 180 days. I'm pursuing FTE jobs, wondering if I should stick to H1B status, or can change jobs on EAD, or wait till EB3 I-140 is approved. Based on the current visa date movement, I'm expecting my Priority Date to be current in the next few months. Please advise what would be the best approach forward. Thanks for your help.

 

[Hrz1]

EB-2 Optional Practical Training Extension for STEM Students and Sponsoring Parents
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Hello Rajiv sir,

1) I was born in UAE, and will be in EB-2 category for green card. Also, I'm in a STEM Course, so should I ask my employer to directly file for a green card and not H1-B for me as I have an OPT for 3 years. What's the best way to go about it?
2) If my parents are retired and wish to stay here with me, how can they do that? Would they have to wait until I get US citizenship and sponsor them? Can they not stay here on visit visa and do in-out once every 6 months?

Thank you

 

[Sirigiri]

H-1B Application in Progress and Applied for H-4 Extension and New H-4 EAD
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Hello Rajiv sir ,

Currently I’m on H1B with approved i140, my wife is on h4 and applied for h1B 2021 approved with COS (i797B). While her h1B application( within usa) is in progress applied for H4 extension and new H4EAD.

1) Her new H1B is approved on Jan8th,2021 ( i797B) with change of status .
2) H4 extension is approved on 9th Feb,2021.
3) New H4 EAD is in progress and she went to India for change of status .
4) Attended her h1B visa on April 8th,2021 issued with 221g white slip . Submitted the documents for the same
5) H4 EAD is approved on 5th June 2021 and card also received while I’m in India . ( H1B visa is not issued)
6) consulate requested for passport for H1B visa and again 221g issued requesting for additional documentation . (Existing 221g status shows refused)


1) Now can she book H4 visa appointment and travel to USA on H4 ( us citizen kid she is eligible for NIE)
2) does her approved H4EAD card is valid to work if she travel on H4 visa ? Or she needs to apply for the new H4 EAD ? Since she attended for H4 to h1B change of status visa though not approved but still it’s pending. So she decided to come back on H4 visa and use that H4EAD.
3) She needs to withdrawn H1B visa application before she attend for H4 or she can directly book the new H4 visa appointment

Please advise .

Thanks ,
venkat

 

[vickyattx]

I-485 Supplement J Denial
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Hi Rajiv,
Can a I-485J denial be challenged? If the USCIS think the new job is not same/similar but attorney thinks it is.
What are the other options in this scenario?
Can the employee look for another job to match the exact job code which was filed in PERM if I-485J denial happens.

Thanks

 

[srjmk]

I-485 Supplement J Processing Time Due to Job Change
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Hello Rajiv sir,

1. I have submitted my I-485J due to Job change. Will this delay the processing time of my 485 application? How long it takes to get approval?
2. Is there any rule that after getting GC with the current company, Should I stay with them for 6 months or Can I leave them anytime? Will this cause a problem at the time of Naturalization?