Recording of March 04, 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: 18 March 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.

 

[ssrm1963]

Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs

Thank you Rajiv Ji for taking time to answer questions for community.
I heard most of the call recordings of last 4 months and you have answered my questions in one way or other, but would be great if you can please reconfirm my understanding.

my current status :
-> was working for emp A till 2017; currently working for emp B.
-> emp A filed for I-140 EB-2 and was approved earlier, in Oct emp A filed for my AoS along with EB3 downgrade and I have got EAD/AP card now.
(I-140 is still pending)

Question/Clarifications:
1. Could you please explain briefly the interview process of GC?
2. I plan to join emp A before my priority dates become current, my concern is that since emp A is a consulting company my salary may be lower about 20% than offered wage in PERM (as the billing rates are lower now a days), can this be a major point of scrutiny during interview? (job responsibility will be more or less same)
3. Since no one can predict (am sure you will agree) when priority dates will become current, is there an generally acceptable period of time I work for emp A before I can change jobs ?

 

[Shah1212]

FAQ: How to deal with H-1B employer paying salary less than required

Impact of H-1B salary paid as end of year bonus on H-1 and H-4 transfer

Hi Rajiv, Thank you for what you do for the community, Its greatly appreciated.

My H1B approved on Nov 2020. And my employer start deducting my taxes( social & Medicare) as per H1B status from DEC 2020 but they haven’t started giving me my salary as per LCA yet. Now they are saying they will pay remaining amount of salary as per LCA at end of the year as bonus. Can you please guide me on this?

1. do I need any document from my employer in written saying that they will pay remaining salary as bonus at end of the year?
2. what if I want to go for stamping in middle of the year. What documents I need to carry at that time to show as proof of my salary ?
3. Can I Switch job in this condition? Which documents are required to switch job? It will affect my H1B transfer process ?
4. My current employer also filed H-4 visa for my wife and its pending with USCIS. If I got a new offer from another employer. Do i have to file H-4 again with new employer !or it’s just better to get approval from this employer?
5. What if my employer fail to pay salary as per my LCA at end of the year?
6. What if they terminate/ I gave resignation before year end? Do they have to pay me as per my LCA for whatever month I work for them on H1B?

 

[Oktoberfest]

If approved EB-1C and GC (consular processing): Impact of delay to move to the US

I work in Germany, and am an Indian citizen. My employer's US parent has filed my EB-1C and I expect a green card (via consular processing) by November this year. I last lived in the US in 2014.

I would now like to explore delaying my move, to the US, by 2-4 years following the issue of the green card. This is because of a new project, I am expected to work on, in Germany. Are there ways to keep the green card valid for that long? Do I need to necessarily engage my company's lawyer? Or can I come to you? When do I need to get started on the necessary process/es?

Please advise. Thank you.

 

[Jio]

AOS versus NVC processing for family members in different status

Thank you for conducting these calls. To have this resource is such a mind relief. You give so much of your time to answer the queries personally, backed by the experience of practice and your polite style of handling each conversation. And that all this if offered by you for free. Thank you once again.
Now for my questions:
We have an approved I 526 and visa is available at this point ( India is current for EB-5) . But we are confused whether to go in for NVC for my daughter and AOS for the rest of us.The reason being that otherwise we need to wait till May 2021 as that is when 90 days get completed of her returning to the US as she is on F-1. What are the steps involved if my daughter decided to go through the NVC route as compared to AOS? How can we find out how much time is involved currently in this process? Our attorney has given us estimates for the AOS time frames but we would like to find out from some resource time frames for NVC. Do you have some suggestions.
2. For this reason we are required to monitor the visa bulletin. When does a visa bulletin get published? The March 2021 has not yet been published.
On a different note:
Can my son travel outside the US and return , even if his passport does not have the latest H-4 visa renewal page? He could not go to India after his H-4 was renewed in Sept 2019.
Can the H-4 renewal stamping happen in Mexico/Canada? Are there any shortfalls in doing this not in your home country?
Thanks in advance.

 

[swetha_kaj]

Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3

Hi Rajiv, Thank you for what you do for the community.

I downgraded eb2 to eb3. My priority date is June 2013
My employer got an I-140 receipt but the last name has 1 letter misspelled. I want to do premium processing
1)If my employer raises a Service Request for the correction do I need to wait until i get the updated receipt to upgrade to premium processing.
Or can I do both premium processing and last name correction together?
2) After my I-140 approval, if my spouse moves to eb3 EAD and i remain on H1b.
In future if eb2 moves faster(eb2 final action dates becomes current before eb3) can we both apply I-485 in eb2?will there be any issue.

Thanks,
Swetha.

 

[sunTzu]

Documents required for parents GC

Hi Rajiv,

Thank you for taking the time to do these community calls. I heard a couple recordings and your straightforward advice in them is why am posting a few questions.

Topic - Greencard for my parents

About Me - I am a US Citizen via Naturalization after being on Greencard for 5 years. I don't have my birth certificate from India. Instead I have notarized affidavits from both my parents on Indian Stamp paper reflecting their relationship with me and my birth date. This was created in Feb 2021.

About Parents - They are between 65 & 70 years of age. They are in India and have visited me multiple times in the last 10 years on tourist visa. They have never overstayed or filed for extended stay. In 2019, their tourist visa was renewed for another 10 years.

Plan - I would like to file for GC for my parents when they are here at some point in the future. We have not finalized that but we are inclined to do it while they are in US instead of filing when they are in India.

Questions -

1. My Birth Certificate - Will my Indian birth affidavits be honored when filing for them since I don't have my birth certificate? My affidavits reflect that it was issued since any official record was not maintained by local government or religious organizations. If they will not be honored, what alternatives do I have?
2. Parent's Birth Certificate - My parents don't have their birth certificate. As I understand, I can have them secure a "Non Availability of Birth Certificate" from the town where they were born and additionally get 2 affidavits from relatives alive at the time they were born.
   • Is this something I can have them secure now if I plan to file for GC in 2022?
   • Does this affect the pre-conceived intent to immigrate question?
   • Is there a certain time gap that helps with not giving the impression about the intent to immigrate?
3. Other Proof - Is there a secondary form of proof required in addition to the birth certificate/affidavits? For example, I have heard about the need for school leaving certificates. If that cannot be secured, what alternatives exists? Does Indian Passport, PAN card, Aadhar Card work?
4. Marriage Certificate - My parents also don't have their marriage certificate. What are some options to reflect that they are married? I have heard some folks try using a document from the office of the marriage hall where they got married.
5. Alternatives - Is there an option to using Genetic or DNA testing to establish relationship between me and my parents? If we pursue that, what other documents does it replace or eliminate?
6. Documents Required - Where do I find all the documents required of me and my parents for their Greencard?

Thank you so much for taking my questions. I sincerely appreciate your support.

I forgot to include this. I see I-130 processing times at Vermont Center as 26 to 33 months for immediate relatives green card application. At the same time my friend got greencard for his wife in about 6 months (both in USA, applied April 2020, got Sept 2020). From the cases you have been working on, can you share some observations on what you are seeing as processing times when I-130 + I-485 are filed at the same time in US? How would that affect our planning for filing for parents?

Thank you

 

[SxD]

Spouses changing from EB-2 to EB-3 with a new law firm and service center

Hello Rajiv Ji - Thanks for your time in answering the questions.

I filed my I-485, 765 & 131 based on approved 140 in EB2 through law firm A and my case was reviewed and approved by Texas Service Center. Now I see that dates in EB3 are moving faster and my PD might become current in EB3 before EB2.... so I plan to downgrade my 140 from EB2 to EB3.
My question is:

Can I file EB2 to EB3 downgrade with a different law firm B and send the case to a different service center? if yes, how does it work?

Though I am the primary ( my son and wife were also on my application), my spouse also has an approved 140 in EB2 with a different employer. Does she also need to downgrade along with me or not needed?

Thank you for all your time!

 

[Karma Yogi]

Maintaining status

Greetings Rajiv Ji - Your service to the community is highly appreciated.

Context:
There is an employer (M) who has filed for an H1B for me as the beneficiary on 2020-Nov-02. It was approved in the middle of 2021-January. The validity is there up to the middle of 2023-Sept and it came with I-94.

My current employer (HS) has applied concurrently for I-140 (EB3) and I-485. Currently, it is in pending status. I have not received the receipts yet. I know that the receipts were generated, but I didn't get those yet by today (2021-02-20).

My current employer (HS) has applied for an H1B for me as the beneficiary for the client (F) on 2020-Nov-06. But, because of some delays in the background check and other stuff, the position was cancelled. He got an RFE by the end of January asking about the maintenance of status and speciality occupation by end of the 2020-January.
Meanwhile, another client (AX) has offered a project for me. My current employer (HS) is going to file an amendment to the current (H1B petition with RFE).

Question:
1. As the original H1B petition (from the current employer HS) has not been approved yet, I am under the assumption that my H1B (amended) will be approved but not with COS. Am I correct?

2. If my COS is not approved, can I still work on the approved H1B as I-485 is in pending status. (Similarly, as one can stay enter as a parolee and still work on the approved H1B).

Thanking you.

Yours Sincerely,
Karma Yogi.

 

[Chipmunk80]

FAQ: Green Card Renewal - Do I have to be employed in a similar job?

Consequences of employment-based GC expiring

Hello Sir,

Thank you for doing this work, we really appreciate.

I have employment based green card and is expiring on 03/12/22.I am not employed now.Do I need to be on job at the time of renewal.Can I renew my card or apply for citizenship which is better or do both.can job be any kind (can be non-related job) or same job.
How long one can stay out of country, heard it is not more than 1 year.If I could not return to US and my GC expires, does it treated as abandoned.(it is expiring in a year)

Thank you
D

 

[immi_help84]

Impact of H-4 EAD expiring on spouses

Rajiv ji,

I’m currently working full time on H4 EAD which is expiring next month. My spouse filed AOS (EB2-EB3 downgrade I-140 NEW with PD May 2012) for both of us and got the GC EAD recently. My renewal for H4 and H4 EAD has been pending for the past 6 months.

1. Can I start using GC EAD while my spouse (primary applicant) remains in H1B status? If so what is my status while working on GC EAD? Do I get I-94?
2. If I start using GC EAD and later our I-140/I-485 applications get denied can I apply COS to H4 immediately while in US or needs to leave the country and get stamped?
3. What is the best to do and risks associated to switch to GC EAD? Can we do inter filing when EB2 final actions dates are current?
4. My spouse is in 9th year of H1B and got renewal for 3 years recently based on EB2 i-140 and applied downgrade as mentioned above. Let us assume if pending new Eb3 I-140 & 485 is denied, they look back and denied EB2 I-140 also because of some issue. Can he still work until expiry of H1B or we are out of status and has to leave the country immediately?

Thanks a lot in advance
Geetha

Impact of H-4 EAD expiring on spouses

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Hi Rajiv,

Thank you for taking time to help the community.

Context:

• My wife is currently working on H4 EAD. It will be expiring next month along with her H4.
• My H1B has already been extended for another 3 years but USCIS has still not approved my wife's H4 and H4 EAD.
• We both have pending I-485, I-765 (GC EAD) and I-131.
• Currently my H1B visa stamp and her H4 visa stamp have expired in our respective passports. (Reference for Question# 3).

Question# 1
Since, USICS is taking too long to approve H4 and H4 EAD, if my wife gets GC EAD can she start using it right away? Is there a procedure to abandon H4 and H4 EAD?

Question# 2
Can I remain on H1B status, while my wife uses GC EAD? Does her using GC EAD affect my H1B status?

Question# 3
Scenario:1 Once she starts using GC EAD and then gets H4 and H4 EAD (with 3years validity), is it possible to go back to H4 status and use that EAD? If yes, can we apply for Change of Status for her to go on H4 while she remains in the US or does she have to leave US and come back with a new H4 stamp?

Scenario: 2 If for any reason our I-485 is denied, can we apply for her H4 while she remains in US or does she have to leave US and come back with a new H4 stamp?

Really appreciate your help.

Thank you.

 

[niki1205]

Time estimate for pending asylum review

Hi Rajiv,
I hope you are doing well.
I applied for asylum, and my interview was in july/2/2019 ( LA office)
and I am waiting to get my decision about 20 months
would you kindly tell me how long I should wait to get my decision?

Warmest Regards

 

[reddy33]

Impact of moving to a new office branch with AOS pending

Hi Rajiv ji,

Thank you for your time.

I am full time employee and working for the same employer for past 12 years at location A (same location since 12 years). I have filed AOS 485 in October 2020. Unfortunately, my employer has shutdown the current branch where I used to work. Currently, I am working from home in the same city. Just 1 mile away from the office. My employer has many other branches in different states.

My questions are:

1. Do you see any issue in my pending AOS since the branch where I used to work is closed? My employer has filed labor and 140 for the current Branch. I don't think they have filed the labor/140 for the main branch.

2. Is it advisable to move into a different branch office (or state) after 6 months? I will be completing 6 months by end of April 2021 since I filed AOS?

3. Do I need continue to live in the current place until I get my GC even after passed 6 months of pending AOS? My date will be current in 2 to 3 months. I am June 2010 EB3 (India) priority date.

4. What is your advice to move or not move to a different branch before or after 6 months of pending AOS.

Please help me sir.

Thank you sir.

 

[Subash08]

Parent on I-140: Impact on 19-year-old son and CSPA

Hello Rajiv Sir, This is my current situation,
We have been living in India for about 9 years now, My dad's i140 was approved in 2011, My dad changed his employer since than.
Our Visa became current in September 2020.

Here are my questions
1.Does my dad have to change his Current employer during the consular processing or could he join back to his Old employer (the company that applied the i140) after the whole consular processing completes?

2. I am 19 years old and I turn 21 in march of 2022, so how does this effect my chances of getting through this process and becoming a GC holder. Does the consideration of my age stop once the i824 is applied? If not what happens if I turn 21 by the time my Consular process ends?

Additional info : It took 4 months for my dad's i140 to be approved (Is this considerable for CSPA?)

3. How long does the whole consular process take including i824 approval ?

 

[monica1]

Green Card through Brother or Sister

Hello Sir Mr. Rajiv Khanna.

I trust you’re doing fine.

Thanks for doing Community Call and helping people like myself with our immigration related questions.

I have a question regarding Family based Green Card, my brother sponsored his four sisters and their families around 15 years ago, and now their turn has come and required paper work been submitted and they are waiting for the interview date in India. The four families total of seven people, paper work is with NVC. Now NVC has requested co-sponsor to my brother.

I am US Green Card holder and per USICS, I will be able to get my citizen ship approximately by July 2021. I am married not working (from Mid-August 2020, due to covid my contract couldn’t be extended) at present. My Husband is working for the City and getting approximately S80K/PA, I have a house in Texas fully paid and it’s on rent ($2300/- Per Month), our house in Pennsylvania has approximately $130k mortgage to be paid as of now, in which we are living at present. We are family of two people (Husband and wife) only.

My Question is can I be co-sponsor with my brother? If yes, do I need to give number of people I can co-sponsor?

I appreciate if you can answer my questions.

Thanks and Regards
Rekha