Recording of July 22, 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: 05 August 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.

 

[anantdb]

Premium Processing Service for EB-1C/I-140 Petitions
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Hello Rajiv:

I have an EB-1C filing (I-140) with a priority date of late Nov 2020. I understand USCIS has been directed to allow premium processing of these applications. Can you provide some color on when that is likely to become available? Alternatively, will non-premium I-140 processing ever move back to 7-9 month processing bounds?

Thanks,
A

 

[Rt H4]

Concerned About H-4 & H-4 EAD Processing Delays
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Hi Rajiv ji,

I am on H4 and working on H4 EAD. My spouse has just filed H1, H4 & EAD renewal concurrently through regular processing. I am concerned about H4 & H4 EAD processing delays. Even after biometrics rule has been withdrawn processing time is still significantly higher at Vermont Service Center around 11 to 13 months.
1. Are they adjudicating H1, H4 & EAD together now, if upgrade H1b to premium processing?
2. Any updates on when USCIS start premium processing for H4 & H4 EAD applications?
3. What other options I have so won't lose my current job being H4 EAD worker?

Thanks,
Rt

 

[dsm918]

Wait Time for EB-2 India and RFE
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Hello Rajiv and thank you for hosting these calls to answer questions.

My wife and I filed for our employment based Green Card back in 2009 (details below)

Priority Date: Nov 2009
Category: EB2 - India
I485 filed: Feb 2012
Service Center: Texas

Date Current as of March 1 2021
RFE Response received by TSC USCIS on May 4 2021

As you can see from the above details, our date has been current since March 1 2021 and the RFE was for Medicals (693) and 485J only to which we responded on May 3rd and received receipt confirmation from USCIS on May 4. However since then there has been no movement on our case. I have raised a SR and USCIS gave a template reply stating additional review is needed and it's in process.
I contacted the Congressman and Senator who put in an inquiry as well but say they have not heard back from USCIS. Its been over 50 days.
Our case is really straightforward, both my wife and I finished college in the US, have jobs with big known US companies and I have stayed with the same employer since filing the Green Card in 2009.
I understand that USCIS currently has a backlog of 485 applications to go through but if this delay/backlog was being applied to all applicants that would be understandable and I would be okay with it, but it is extremely disheartening to see that has not been the case. I have seen so many people with the same category (EB2-India) get approval from TSC within 3-4 days to a couple of weeks of having sent the RFE response. And these applicants have Priority Dates and 485 Receipt Dates that are much later than ours, ranging from a few months to over a year behind ours. I can't understand why our case is not being looked at.

My question is that is there anything else we can do at this point to get USCIS to make a decision on our case? Can the company lawyer help in any way? Is your office able to help cases like these?

Looking for your guidance.

Thank you.

 

[Jasu7]

B-1 or F-1 Visa for Medical Clerkships
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Hi Mr. Rajiv,

I'm a medical student (Indian citizen) from the Caribbean Islands. Our clinical rotaions/clerkships are in the US under B1 visa. So I was lucky enough to get a year entry back in 2019 which was until 2020 but due to COVID everything was close and I couldn't leave the country so I applied an extension (I 539) and after 6 months I applied another one since I haven't reveived any updates on the first application (which was only good for 6 months) when I applied the second one after 2 weeks I reveived my biometrics date (which I complied with) for the first one and since then I haven't received any updates on the either one.
What's the best way to go about this situation as I am not done with my clinical clerkships yet?
1. Do I apply a third one and wait or do I leave the country?
2. If I leave do I have to apply a new B1/B2 visa? If so, would my pending applications be a problem?
3. Is it possible for me change my visa to F1 instead?
4. What problems will I experience with this process?

Thank you

 

[ALHALMI]

Error in Entering Date of Birth and Form DS-260
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One of the people registered in the lottery 2022 and put his data recorded in his passport, and his date of birth was 1/2/1996
After reviewing his documents, it was found that the date of his birth with the Basic Education Certificate, the General Secondary Certificate and the University Certificate is 1/1/1996
He wants to fill out the ds260 form
What is the appropriate solution?
Does he modify the passport to match the rest of the documents?
What is the impact of changing the passport number and date of birth when filling out the ds260 form?
Or does he modify his date of birth with the aforementioned documents to match the data that has been included and become available and documented by the Kentucky Center

 

[arjung]

Form I-131 (Application for Travel Document) and New Vaccination Criteria for U.S. Immigration
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Hello Rajiv Ji,

Thanks for your service.
I am based in India and will need to travel to San Francisco for a week around end of August.
I am approved for I-131, Re-entry till June 21, 2021
I am currently in India, working for Indian subsidiary of USA based company. I have approved N-470 from Feb, 2019.

I have taken my first COVID 19 vaccination Astra Zeneca dose (Called COVISHIELD in India) on April 17, 2021. My second Astra Zeneca dose (Called COVISHIELD in India) has been postponed from original date of May 29, 2021 to (Between 10 Jul 2021 and 07 Aug 2021) due to announcement made on May 14,2021 by Government of India. (https://www.livemint.com/news/india...ield-doses-to-12-16-weeks-11620896895644.html)

Based on CDC guidelines, https://www.cdc.gov/coronavirus/201...nfographic-international-quick-reference.html, I want to enter into USA to file my re-entry permit I-131, Application for Travel document after my second dose and attain full vaccination status.

1)If I get fully vaccinated (Take second Dose of Astra Zeneca atleast 2 weeks before the travel), have proof of negative COVID test taken 3 days before the travel),

I don’t have to self-quarantine after I land in USA?

2) Once I land in the USA with Mask on, I will be allowed drive a rental car or take a Cab to the hotel?

3) Fedex the I-131 (re-entry permit application) and then travel back to India.
Thanks,

Arjun Ganesh

 

[mukulsehgal]

Can I Self Sponsor as Active Participant/Investor of New Business on Concurrent H-1B Visa?
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Hi Rajiv ji,
I am a physician, I want to start a real estate LLC. I watched your episode on concurrent h1b visa. I have a few questions:

1. Can I be active participant/ investor?

2. Can I establish a company with help of 4 or more members (all on H1b visa), so that they have hiring and firing power. Would this help in establishing Employer-employee relationship?

3. Can I self-sponser myself concurrent H1b as a manager of the firm?

Thank you

 

[vemulapalli99]

Renewal of Green Card Process for Parents with Expired Green Card Through Family Sponsorship
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Hi Rajiv ji, My dad received his green card thru family sponsorship in Oct 11, 2006 that expired Oct 19th, 2016. He went back to India to deal with family issues in Apr 14th, 2009 and stayed for a long time before he came back to USA. Since, he stayed in India for a long time and green card was no more valid, we have decided to apply for a non-immigrant visitors (B2) visa to visit us. He received his visitors (B2) visa on July 8th, 2016 that expires Jun 30, 2026. He visited us twice (once last year Jun 20,2019 and now, Jun 23, 2021) on visitors (B2) visa. My mom and all the 3 children are U.S. Citizens except my dad. We want him to stay with us for long periods of time as he is aging. He is now 75 years.

Questions:
1) Can we apply for a green card again for him? what is the process?
2) Will this be a renewal of green card process? or completely a new application all over again?
3) How much time does this take as we are planning to apply thru Texas Regional center?
4) Does he need to leave USA? He is USA right now on visitors (B2) visa.

Look forward to hearing the response from you.

Thank you!!
Ramesh

 

[pranavkapoor]

Implications of H-1B Holder with Approved I-140 Marrying a F-1 Visa Holder
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Hi Rajiv ji,
Asking on behalf of a friend -

"I am on H1B with approved I-140. My girlfriend is pursuing her PhD on F1 visa and we are looking to get married at the local city hall (in the US). From my understanding, once we are married, she will be part of my green card petition and will have immigrant intent.

1. Will immigrant intent cause CBP to deny her entry on F1 status when we return from our honeymoon outside the US (or on any future entries to the US)?
2. Will USCIS deny her OPT, STEM-OPT or future H1B petitions, due to my approved I-140?"

Thank You

 

[DEEPAMENON]

If I-485 Rejected for Missing Supplement J - Repercussions
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Question from our Community Member:

Hello Rajiv ji,

We missed filing supplement J with initial i485 (for same job confirmation as on approved i140). Does USCIS reject entire application out right or will they process receipt and issue RFE or something to respond to missing doc. typically. Could you please share your experience.

If the I-485 is rejected for missing suppl. J, does it affect future eligibility to apply i485 or approval issues then although properly filed?

Thank you for your kind advice and service!

 

[AshNeet]

I-130 Application Filed by Parent Under F2B Category: Approval Time and Employer Filing I-140 and Starting the EB2/EB3 Process
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I-130 Question:
I am currently in the US on F1/OPT 1st year and have a STEM undergrad degree. I have an I-130 application filed recently by my father under F2B category (Unmarried children above 21 years). I believe the I-130 F2B approval takes about 5-6 years. While the I-130 is waiting, can my employer also file I-140 and start the EB2/EB3 process? Will this affect the I-130 filing in any way? If I go to India for a vacation, will I be able to come back without affecting my I-130 application?

 

[aks341]

Filing I-485 Using Past Employer’s I-140: Process, Requirements, Risks​

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Dear Rajiv Ji

I was employee of Company A (IT Consulting Company) Until 2019 October; EB2: I-140 was approved; Company A applied to revoke I 140 six months after it was approved [because I left for company B] . As per FOIA records I got, USCIS considers that I-140 as approved.



Currently, I am employee of company B ( B was a client of A) ; B has not filed PERM.

• Can I get I 485 filed based on company A’s I-140 (approved in 2019)?
• what is needed from employer A-apart from supplement J;
• Does filing I 485 create any risk for Company A, or the immigration petitions of their current employees ( due to which they may be reluctant to have a job offer for me?
• Can company B file I-485 using Company A’s approved I-140 ( without PERM approval for Company A) because B was client of Company A ( effectively, my job remained same or similar)

 

[Pradeepandoit]

Spouses I-140 Case Denied by USCIS in Premium Processing and Denial Notice not Received
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Dear Sir,

Recently my wife i140 case as denied by USCIS in premium processing mode and yet to receive denial notice. I have couple of question to ask.

1. Can I, refile i140 with same PERM which is going to expire on Sep 7 2021?
2. Is it advisable to apply i140 again in premium mode addressing all the points in denial notice?
3. If I, get negative result in second time, what is next? Can I, apply i140 again after perm expiration date? (In all the websites, i have seen PERM is valid only for 6 months)

 

[LostInTranslation]

Laid Off while STEM OPT Application has been Approved
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Hello Sir,
what happens if you lose your job while your 1 year OPT has expired and your STEM OPT application has been approved but the card has not been delivered yet.
My OPT expired on 30th June 2021, my STEM OPT application status on the USCIS status says that my "New Card Is Being Produced" and will be mailed soon. In the mean time my employer has decided to let me go, initially they said my last date would be on 30th June 2021, but since my OPT expires on that day and my STEM was still pending, I requested them to postpone my last date with the company till I receive my new EAD card, they are willing to postpone my last date but will likely not pay me for these extra days.

1 - will there be any issue down the line when filing taxes of applying for H1-B if there is a gap where I am not paid for my employment. I know it can be explained as unpaid time off, but I was wondering if there are any limits to how many consecutive unpaid time off days you can have ?

2 - When I get a new job on my STEM OPT, what steps do I need to take to inform my university DSO and / or USCIS. Which forms do I need to submit.

 

[Madhusudhanan]

Downgrade EB-2 to EB-3 in Progress or Can you Port Priority Date ?
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Dear Sir,

My employer applied GC and it 140 are approved. I have 2 approved 140s. Both are from same employer and EB2.
First labor is applied in Feb-22-2013 and due to some other reason it was in BALCA court, so we applied second labor on Jan-27-2014 and it was approved.
We applied the I140 and approved for priority date jan-27-2014. in 2017, BALCA court approved the 2013 labor , so we applied the 140 and that also approved.

Last year when the Green card priority dates are moved, we applied to downgrade EB2 to EB3 for 2014 Feb priority date(Attorney recommended the second one).

The downgrade for EB2 to EB3 is in progress. Yesterday , August visabulletin release and the current date is July -2013.

do i need to apply the downgrade EB2 to EB3 for 2013 approved 140 or can i port the date ?