Recording of June 10, 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.
-------------------------------------------------
Call Details:
Next Call Date: 24 June 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
-------------------------------------------------

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.

 

[Hpuser]

FAQ: Applying for Mother's Green Card and Birth Certificate Issues

Hi Mr. Rajiv,

I'm planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and aadhar card. She has visited US couple of times.

1. I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
2. What are the options if these documents are not available?
3. Does USCIS accept birth certificate from the indian consulate in NY?

Thank you and appreciate for taking my question.

 

[AbhiPr]

FAQ: H-1B Extension beyond 6 Years; Stay Outside One year; Remainder Option

.......................................................................................................................................
Hi Rajiv,
I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?

 

[cpphey]

FAQ: I-140, Losing Priority Date if the Date Passes and H-1B Revocation; INA 203(g)

My I-140 is with Employer A. Employer B has NOT started GC process yet as am outside US. However, my PD already become current recently.

Q1: I am concerned that I have JUST 1 year to file for I-485 or lose my PD forever. [ INA 203(g) revoking I-140 ]

Q2: Can I get a cap exempt H1-B if I-140 is revoked as in Question 1. Will it be for 1 or 3 year term ? [AC-21 3 year term might not apply ].

Approved I-140 with PD 2007, Relocated to India , Returning to the USA on H-1B with PD Current and INA 203(g)
.........................................................................................................................................................................................................

Hi Rajeev - Earlier I have worked in US from 2005-12 and have approved I-140 with PD 2007. Due to family reasons I have relocated to India. Am I eligible to file I-485 once I come back to US on H1-b as my PE has been current for more than 3 years.. is there any rule that AOS need to be done with in one year once PD becomes current.
Also my case is not transferred to NVC. Does INA 203g applies to me ?

 

[sokul]

FAQ: Green Card Holders Maintaining U.S. Residence During Long Trips Abroad/Green Card Abandoned?

......................................................................................................................................

My Green card is valid but I couldn’t go back to the US since I came to India in October 2019. I don’t have a re-entry permit and looks like won’t be able to fly until July end as my 2nd dose of vaccine (booster shot) is due then.

I worked in the US from 2000 till 2017. My last 2-3 trips to the US were short (two weeks duration). I came back to India to look after my ailing parents. I took up a contracting position in India. My contract is over and looking for an assignment in the US.

To show strong ties - I have my savings, 401k, brokerage account, etc. in the US and have been filing taxes every year.

Will I be able to enter now (July end)?
What do I do to safeguard my Green card?

1. Do I File SB-1 at the consulate or
2. Can I attempt direct entry by booking a ticket? Will the airline, immigration officer allow me to board the plane?
3. My wife and my daughter are US citizens. If I lose my Green card, will I be able to apply for a family-based Green card immediately?
4. Are there any other options?

 

[APUSer]

FAQ: Advance Parole, H-1B -- Visa Ban, National Interest Exception (NIE) from IndiaTravel Restrictions from India

Hi Rajiv,

Thanks for taking the time. I had a question about travel restrictions for traveling from IND to the US. I hold a H1B visa and also an approved AP/I-512 card. Am I exempted from the travel restrictions? The following guidance was from an embassy in India.


The presidential proclamation only restricts non-immigrant travel to the U.S and an advance parole document is not a non-immigrant visa. It is a valid travel document. Airlines make boarding decisions in consultation with CBP, which controls admission to the U.S.

Checked with the airlines and none of them have been able to confirm or provide clear guidance with respect to travel for an AP Holder

 

[GeetaK]

FAQ: Visa Stamping in a Third Country (TCN)

Hi Rajiv,
I have received admission in a doctoral program which starts in Fall 2021. I'm currently on a B2 visa and in the US due to a family exigency. Due to the Covid-19 surge in India I do not want to travel to India for my change in via status. Secondly I do not want to do it while staying here via USCIS as it takes too long. Will it be a good idea to do it via Mexico or Canada? Which is a better option?

 

[vickyattx]

FAQ: Filing Multiple I-485 - Primary and Derivative

Hi Rajiv,

What is your thought on filing multiple I-485.

1st set of I-485- Husband Primary, Wife Derivative through Husband's employer.
2nd set of I-485- Wife Primary, Husband Derivative through Wife's employer

Does this give better protection of status incase one of the I-485 have any kind of issue.

Thanks

 

[Sravanj]

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

Hello Rajiv ji,

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 first case status is still under processing("Case Was Received") and the second extension status is under ("Correspondence was received and USCIS reviewing" ) though she is getting close to the end of second extension(requested for 4 months). Due to current situation in India and also considering her age and health conditions(She belongs to high risk traveler category(with pre-existing conditions)), we would like to extend her stay for another 6 months, mostly till Nov 2021.

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

My Questions:

1) Can we apply for another extension for another 6 months while her first/secoond extensions are in processing?
2) Can she stay in the US even after June 26th (first/second 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?
3) Staying beyond 1 yr has any impact on future visits?

Thanks!!

 

[jordan3184]

FAQ: I-94 Renewal, Validity Shortened Because Passport Expiring

Hello Rajivji ,
Thank you for your service to community. I have question about I-94 renewal after passport expired. My passport was expired and I get it renewed in time. No issues with it. I entered USA last year and CBP officer put validity of I-94 till October 2021. I called to CBP officer to extend it but they refused to do it. Do I have any other option to extend it except going out of Country ? Do I need to take my wife out of country for I-94 renewal ? Her EAD is expiring in December Can I apply to renew it before renewing the I-94 ?
considering Covid situation can I cross land border and come back to USA just to avoid air travel ?

Regards
Jordan

 

[joe2021]

Applying for TN Visa under Computer Systems Analyst (CSA) Job Title
................................................................................................................................

Hi Rajiv,

I am a Canadian citizen and have a bachelor's in Mechanical Engineering and MBA degree. I have 10 years of experience in the IT field. Looking to apply for my TN visa under Computer Systems Analyst (CSA) job title.

My question is
1. Is a computer science degree required to apply under the CSA job title?

 

[noorahmad]

I-129 Nunc Pro Tunc and Suing an Immigration Lawyer for Emotional Distress
............................................................................................................................................

Hello Rajiv Ji,

Thank you for help and support you are providing to the immigrants. I have gone through a worst immigration experience caused by the lawyer. He was supposed to file my I-129 Nunc Pro Tunc and has been saying since March 22nd, 2021 that he has filed the petition and even on April 24th, 2021, he said that his check has been cached by USCIS. I have all his email/SMS communication stating that the petition has been filed.

Very recently, we contacted the USCIS premium processing via email and we were informed that they don't have received any petition. Till today he hasn't been able to produce any single evidence that he has submitted the petition/case.

Q1 - As an applicant/beneficiary can I sue this lawyer for the financial and emotional damages.
Q2 - What other options do I have to report this lawyer so that no other immigrant goes through this suffering by the hand of this lawyer as I went through.

Would appreciate response.

Thanks

 

[NKGokana]

EB-2 to EB-3 Downgrade after Filing I-485
........................................................................................

Hello Rajiv Ji, I moved to new employer in Nov 2019, they started reviewing my documents for PERM prevailing wages now. I have an approved I-140 (EB2) with my previous employer which got approved in Oct 2017 and I stayed with them till Nov 2019(more than an year). My priority date is June 2013. I am planning to go back to my previous employer hoping in Oct 2021 I might get a chance to downgrade to EB3 and file I-485. I heard that if you stay with employer for more than 6 months from I-140 approval that I-140 can't be revoked. Is that correct? I have heard my previous attorney that they need 2-3 months to reactivate it (I wanted to double check with you on this). Also, when I become eligible for applying I - 485 In case if my EB2 reactivation is in process will I still be able to downgrade to EB3 and apply I-485 parallelly? You have always helped my in all my major steps. I can't thank you enough. Thank you soo much for helping many people like me.