Recording of June 23, 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.
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Call Details:
Next Call Date: July 07, 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
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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.
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

 

[Sujeet]

FAQ: Consequences of unauthorized employment generally, and for F-1 visa students particularly

Hello Rajiv sir,

I am on an F-1 visa. I just need to know what are the consequences of working without authorization I have a situation due to a hardship problem during the Covid times, I worked for one and a half months (approximately I dont remember exactly). I had a loan that paid my tuition but during the Covid times the bank from my hometown denied the transfer of funds. So, for that particular period I worked because I did not have a choice. All of my family members were fighting the worst covid situation at that time. There are five people in my family; four were in the hospital for weeks. I was not aware that working without authorization is a serious violation of my status.

If in the future when I apply for H-1B or apply for OPT, what kind of consequences do I face. What are my options to get out of this situation?

Can we get one pardon from the USCIS for this mistake?

I don’t have any intention to leave the US for now but if I need to go anyway can I get a pardon and live here without any trouble

I am on valid status so far, otherwise.

 

[Span234]

FAQ: Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?

My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer

The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485.

Will there be any impact of the denial on my approved EB-2 I-140 and I-485?

Thanks
Indra

 

[JZ_SE]

FAQ: H-1B visa stamping: is it required? Can an H-1B visa be obtained while remaining in the US? Can an H-1B visa be rejected?

Hi Sir,

1. Is it necessary to get an H-1B stamp after the Change of Status (COS) is approved?

2. Is this stamp required during any of the following situations?
- Continuing working from OPT to H-1B
- H-1B transfer
- H-1B renewal
- Green card process

3. If already in the U.S and working on OPT, after the H-1B COS is approved, is there a way to get an H-1B visa stamp remotely while remaining in the U.S?

4. If H-1B cannot be stamped remotely, can it be stamped safely from Canada without going back to the home country?

5. After H-1B COS is approved, is it possible that the consulate rejects visa stamping after an interview?



Thanks.

 

[padma21]

FAQ: How can we keep the immigration benefits of an approved I-140 (priority date and the right to extend H-1B beyond six years through any employer)?

Three months after the I-140 approval, I moved from the location of employment given in my PERM application. I will stay with the same company for 180 days after the I-140 approval. To keep all benefits of an approved I-140 after I change employers, what do I have to do? What is the impact of the change of location? Do I have to prove my intention to keep the job permanently? Will the USCIS revoke the I-140 because of the change of location or if I change employers?

Thank you,
Padma.

 

[Dhruv80]

Applying for green card during merger or acquisition of a company and update on the H-1B DOL wage hike rule

Hi Rajiv Ji ,

Question 1) I have EB2 140 approved from 2011 from Company A. Company A merged to bigger Company B in 2020.After merger Company A do not exist any more.....
Now Company B filed for 140 amendment. I-485 AOS applied in DEC 2021 ( 180 days completed since AOS receipt date ).

Now Scenario a) If I-140 Amendment for merger gets denied. What are my options ?
Can we reapply or re-appeal for i-140 amendment right away or Do i have to apply for PERM and labor again ?
My old i-140 approved in 2011,Can I still use that for H1 extensions if I-140 amendment is denied?
Do I loose my priority date if i-140 amendment is denied ?? please advise.

Scenario b) if I-140 Amendment is approved. do I need to wait 180 days after i-140 Amendment is approved before i join a different company using AC 21 rule. or I can move to new company as 180 days are completed since AOS receipt date. ? please advise.

Question 2) Do you have any Update on H-1B DOL wage hike rule which was introduced in Jan 2021,
Rule was the entry-level wages for H-1B and PERM cases will increase Level I will be the 35th percentile.Level II will be the 53rd percentile. Will this be implemented anytime soon. Will there be any New DOL Wages starting July 2022.
What are the options if Employer do not agree to pay the new wage hiked level. what are the options in this scenario ( Alternate wage surveys )?

Thanks for your help.

 

[aks341]

National Benefits Center I-485 processing times and address/mailing change

My I-485 is processed by National Benefits Center. How do I determine the field office and processing time applicable for my petitions (I485,I765 etc).
If my address changes after the petition was received at the NBC, ( say, from California, to New Jersey), does the field office processing my application change? Is the field office based on mailing address or physical address in the petition. ?

 

[Aadi4u]

Checking ETA-9089 status

Hello Rajiv Ji,

Filed the ETA 9089 in first week of Oct-2021 and case still shows as pending in Analyst review Q. Based on DOL site, 99% of October-21 and 75% of November-21 cases have been issued determination.
Is there a wait period before we can open an inquiry with DOL for status check of the ETA 9089? What else can we do to trigger a response from DOL.

Thank you.

 

[kboinapally]

Can I get H-1 stamped on the Swedish passport while having an Indian passport?

Hello Sir,

I am an Indian citizen working in Sweden. A company has filed for my H1 and it got picked and approved in 2020(stamping to be done). At the time of applying for H1, I was holding an Indian passport. I am expecting Sweden citizenship within the next 2-3 months.

Question: Can I get H1 stamped on the Swedish passport or does it need to be on an Indian passport only? If I need to get it on the Indian passport can I travel to the US with a Swedish passport and a renounced Indian passport?

Thank you

 

[pratiknavadiya12]

H-4 extension without EAD

Hello Sir,

Scenario: My wife is on H4 (depended visa), which will expire on 27th August, 2022. She does not have EAD. She got admission in Dental school and it will start from 25th July, 2022. We already file her COS application (march 2022) from H4 to F1 visa status. Now her school DSO told us to file H4 extension on safe side. So, we will file her H4 extension in first week of August, 2022.

If her COS to F1 get approved first somewhere (for example in March, 2023). So, her status from March 2023 will be F1. After that somewhere (for example in May,2023) if she get approval for her H4 extension and it will start from 28th August, 2022 (after my H4 expiration date).

Question 1: As per the above situation, she will be on which visa status?

Question 2: Does they count last action rule in this situation?

Thank you.

 

[PDApril2013]

FAQ: Can we file more than one AC21 portability Supplement J if we continue changing employers?

Hello Rajiv ji,

I have a question regarding AC21 180 days rule. My I-485 Green Card was approved under EB2 category in March 2022. I changed my employer in October 2021 but my new employer filed AC21 I-485j only in February 2022 when my PD got current.

When can I change jobs if I get a better offer? Do I need to work for 180 days with this employer since I-485j filing date?

In total, I have worked for 9 months for this employer (5 months before filing AC21 and 4 months after GC approval).

Thank you for taking my question and your guidance.

 

[JZ_SE]

FAQ: How can we expedite the filing of a PERM application?

Hi Sir,

Q1. In order to expedite the PERM process, is it possible to do recruitment in parallel with PWD?

Also, your conference call is very informative, please sir do it every week.


Thanks.

 

[visa_applicant1]

Will an H-1B petition be approved if the I-140 priority date becomes current before the petition is filed?

Will an H-1B petition be approved if the I-140 priority date becomes current before the petition is filed, or while the petition is being processed? The I-140 was filed by a previous employer, and the current employer will not be filing I-485 when the priority date becomes current.

 

[JZ_SE]

FAQ: STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

Hi,

Question-1: Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

Question-2: Can all my employers start my green process simultaneously?

Question-3: If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

Question-4: Does it makes a green card case stronger if sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

Question-5: Does OPT, STEM, and H-1B allow to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?

Thanks,

 

[monica1]

Recapture of days spent outside the U.S. while on H-1B, I-140 porting and AOS process

Hello Sir -
I have an H1-B/ I-140 question for you and your team. Please see below:
I came to India in 2019 to get my H1 stamped along with my family and got stuck. I got a 221(g), and RFE during the process but my employer got things sorted out. Then my employer also amended my petition and I re-appeared for visa stamping interview and got stuck again due to an ‘end client’ issue. Then Covid made things worse in 2020.
Questions for your team:

1. I have an approved I-140 with my old firm (on Eb-2) with a priority date of Jan 29, 2014. I am not on a US payroll since I came to India (in 2019) & my last approved petition also expired in Jan 2022. If a new firm had to take over my H1-B case can I re-capture the unused time (time stuck in India for almost 3 years) beyond my first 6 years of H1-B with this new firm/petitioner ?
2. If so, can I port my old I-140 (& old priority date) to the new H1 petitioner after coming to US?
3. What is the porting time frame after coming to US? Is Premium processing available for porting old I-140 (& priority date) to the new employer?
4. Since my priority date is current, I wanted to know if my new employer can file for AOS upon my arrival in the US.

Your help and feedback on the above matter will be greatly appreciated. Thanks!