Recording of March 17, 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'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: March 31, 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.

 

[Raghu Saripalli]

LPR needs to travel to India to care for family member. Can re-entry permit be extended?

Hi Rajiv,
First of all Thank you much for the service you're providing.

To give background i got my green card in Employment Category in August 2021 (Last Year Summer) and now due to personal situation i need to go back to India to take care of family member due to MEDICAL Conditions

1: Based on my research i know that we can apply Re Entry Permit for 2 Years and after 2 Years can we extend it
2: How long i can keep extending my Permit
3: If incase USCSI Obsolete my GC and in future do i need to go back to squareone Like H1B and all way up again into GC Queue

 

[Rahul29]

FAQ: From F-1 OPT directly applying for a green card

Hi Rajiv,
Hope you are doing well. Thank you for this opportunity.

To give some background, I was born in the United Arab Emirates, but have Indian citizenship. I did my bachelors in the U.S and am currently pursuing my Masters here as well.

1. I was wondering with the ongoing corona crisis, would it be realistic to apply for GC within 6 months of the job starting and hope I get it before my three years of OPT ends? Also, I believe you have to apply for an OPT extension after the first 12 months, so does it interfere with the GC process?
2. Since I will be living in the U.S for around 4.75 years now, does it help in any way with the GC process?
3. I believe I might qualify for the diversity lottery as well. Should I try both employment based GC and diversity based then?
4. Are there any consequences for not filing the Form 8843? I have only started working recently, and I plan to re-file all the years I missed.

Thank you once again.

 

[Aggie_Maggie]

Impact if pending EB-2 AOS refiling is approved on pending EB-3 downgrade with the same employer

Hi Rajiv,

Eb2 140 approved in 2011, Eb3 i140 downgrade pending since 2021. Both with the same employer for the same position.
Eb3 downgrade AOS filed in July 2021, Eb2 AOS refiled in Nov 2021.

1. If Eb2 AOS is approved, does USCIS close the EB3 pending 140? If they do not close the i140, can denial of this downgrade petition have any impact on the approved Eb2 AOS.
2. Should I consider interfile of the Eb3 to Eb2. I refiled prior to USCIS guidance on interfile.

Thank you!
Sri

 

[sandeep@39]

Entrepreneur on H-1 and H-4 EAD not on company payroll and no profit sharing: Impact on getting EAD or GC?

I have been the owner of "Inc" company for over 10 years while my visa status was on H1 and H4 EAD. But, I have never been on the payroll or had the profit sharing I was only on papers though. So, I'd like to know will this impact on getting EAD or GC?

 

[ranganathan]

EB-2 to EB-3 downgrade and I-140 in pending status, interfiling receipt not received

Hi Rajiv Sir,
Thank you for your service.
My name is Ranga.

My PD is Jan-23-2013, we applied EB2 to Eb3 downgrade on Oct-30-2020, still, I-140 is in pending status.
Last month (Feb-09), we applied Interfile along with 485-J. Yet we haven't received the receipt number. Since we haven't received the receipt for 485J, can I send another interfile letter, saying that already we sent interfile forms, but have not received any receipt, so sending this duplicate/copy of the interfiling letter ( along with 485 receipt and EB2 I-140 receipts, without 485J form).

Does this impact to anything?


Thank you
Ranga

 

[nap8399]

FAQ: STEM OPT employment parameters, volunteering, part ownership, etc.

Hello Rajiv ji,

Currently, I am on STEM OPT working with my DSO-approved employer.

My uncle wants to start a company and asked me for my help. So, Can I help him without being an employee of his company?
Is active professional volunteering to a family member's company a violation of the F1 STEM OPT status?
I hold a Professional Engineer's license. If I let him use my license for his company , will that be ok under my current immigration status?
Can I be a partner in the company and also an employee of the company if my uncle hires me as an employee?

If I get an H1b status and ask the same questions, would the answers differ? and how?


Note: I will continue working with my current employer while volunteering at my uncle's company.

 

[moizma]

Can I carry my minor son's passport and get it stamped while he remains in America?

Hi Rajiv,

Thank you for all the work you and your team are doing for the community.

Background:
I'm on H1b with my 8 year old son as H4 dependent. Spouse is F1-OPT. I have my H1b renewal petition approved until Nov 2023. I'm planning to visit India in May/June this year. My wife and kid will not be travelling with me. While in India, I have to go for visa stamping for re-entry to US. This would be through drop-box given the current situation.

Question:
Can I carry my son's passport and get it stamped while he remains in USA? If not, what are the other options?

 

[san_selvan]

FAQ: Can two employers file H-1B for the same employee using an existing I-140?

Hi Rajiv,

Thanks for the Outstanding forum and continued effort on multiple decades.

Background:

I am an Indian national living in India now, worked on H1B from 2006-2011 for a small consulting company based in NY, US,
They have filed my EB2, I-140 and it got approved in 2009. I have returned to India due to my personal situation in 2011.
So moved my case to Consular Processing in 2012.

I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I have found my sponsoring company in the US was closed their business and out of Consulting business. hence I have skipped my Interview to avoid GC denial and retain the priority date.


Question:

I have a consulting company in OH and another startup in PA, both are interested to sponsor me H1 now using the existing approved i140.
1. Can both of them apply H1 using my existing i140 approval simultaneously or only one can apply at a time or does whoever applies first get to utilize my i140?
2. Can anybody else continue my Consular processing where my old company left off instead of going through H1?
3. If not, Should I go through PERM, I-140 again with the new H1 sponsoring employer once again with the old priority date?

Please help me

Thanks,
San.

 

[kirthi_k]

Lost Indian passport with F-1 student visa, applied for a new one, but later found the old passport - Can I travel to India using the old passport?

Hi Rajiv,
Thank you for the service.

I am currently on STEM OPT. I lost my Indian passport which had a F1-VISA, filed a police report for lost passport and got a new Indian passport issued. I later found my old passport. When I travel to India
1)Can I use the VISA in my lost and found passport or
2)Can I go for F1 VISA stamping again or
3)Should I avoid travel to India till I get a H1-B?
I contacted the US Authority and confirmed that my VISA is valid.

Thanks,
Kirthi.

 

[JD09]

Applying for U.S. citizenship after the green card - documents required

Hi Rajiv,

I had asked a question about AC21 last year and now I have a follow up now that I have received GC - I'll recap my scenario

1. Worked for 15 years for employer A from 2006-2021, PD 2010 EB2 India and filed I485 in Oct 2020

2. Was terminated by employer A in Jan 2021 (less than 180 days after I485) due to covid layoffs. Got severance pay for 42 weeks. I joined Employer B in same/similar job right away on H1 change of employer which was approved earlier in May 2020. I had not joined employer B when H1 was approved as it was only a backup given covid related uncertainty at work.

3. New employer didn't want to file I485J in April 2021 when I was eligible to file it(180 days of pending 485). They wanted me to restart perm and applied for prevailing wage request. The big law firm there (F...) felt AC21 didn't apply to me as I left employer A in less than 180 days of 485

4. Got green card in Sep 2021. RFE was for birth certificate and medicals which I answered myself - they didn't ask for I485J and I didn't provide one as employer was not willing to give one unless USCIS asked for it. Prevailing wage request which was in flight from employer B was withdrawn.

Question - Is there any precaution or documentation that I need to keep to avoid any issues with naturalization or sponsoring spouse in future? Is it better for me to file for naturalization after full 5 years?

My intent was to work for employer A and I interviewed again with them in May 2021 but didn't get the role. I have all proofs, severance pay, notices etc.


Thanks for all your help!
JD

 

[Niranjansenthilkumar]

Is it possible to work for two jobs with two different approved valid H-1B petitions for a month?

Hi Rajiv Sir,
Thanks for your amazing service.
I am on H1B Visa from 2015 with valid I140.
Currently i am working with an employer A remotely and the H1B petition is valid till March 2023 with them.
I got a new offer with employer B who filed H1B transfer and the H1B petition is approved till January 2025 with them.
Both the jobs are remote and LCA is in the same location.

Can i continue to work in both the jobs for a month as the new job's roles and responsibilities with Employer B are different.
After a month, Once i get comfortable with employer B, i am planning to resign the job with employer A.
H1B filed by employer B is not concurrent.
Is it possible to work in the two jobs with two different approved valid h1b petitions for a month and can i do it.

Request your valuable suggestion on this.

Thanks,
Kumar.

 

[Shilpaker]

Working on GC EAD through spouse's pending GC filing with H-1B on hold with same employer

Hi Rajiv Sir,

I was working on H1B visa for the past 12 years and recently I switched to the GC EAD as my employment status that I got as a dependent through my husband's GC filing. So currently am working on GC EAD for the same employer who is holding my H1B. I also have my own I-140 approved around 8 years back. So my question here is:

• Is there any advantage of me staying with the current employer who has my h1b (valid for 2 more years) or is it fine to switch to another employer. This is considering any scenario in which my husband’s GC may be rejected.
• What is the process to reinstate my H1B – by either same or different employer.
• Do I need to go back to India to reinstate H1B or it can be done staying here in US itself.

Thank you so much for your valuable time and advice.

 

[Snad]

Will an active I-130 petition from a parent create a problem if the son seeks F-1 and F-2 visa for his spouse and children?

I want to apply to F-1 visa and F-2 for my wife and 3 children. But I have an active i-130 petition from my Father. Will I face problems in obtaining the visa because the petition?

 

[DEEPAMENON]

Payroll options for Canadian PR working for Canadian company in both its U.S. and Canada offices

Question from our Community Member

Namaste Rajiv ji,

I am being hired by automotive supplier company, headquartered in Ontario, Canada and US locations in Michigan (Detroit metro) and Ohio. I'm also a Canadian PR and reside across border in Windsor. If they hired me on H1B visa (to be able to go to US side 10-15 days of month) and rest all work from home from Windsor, are they required to pay me whatever LCA approved USD salary on US payroll only or can they also put me on their Canadian office payroll and still maintain H1B for whatever few days of month I commute into USA for work? Thank you as always for your kind advice.