Recording of March 31, 2022 Conference Call with Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member

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: April 14, 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.
 
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Impact of criminal misdemeanor case on an F-1 or any status

Hello,
I am on an F1 visa and when I was working in a gas station I was caught for illegal distribution of cigarettes to underage. They issued notice to attend the court. And my charge is 2927.02(B)(1) M4 under Ohio state law. I went to court, in front of a judge I plead guilty to the issue. I paid the fine on that day only. Later on, the case was shown on my SSN. Here are my questions,

1. Will it affect my OPT EAD card? Because I am going to apply in may month.
2. Can I go and return from my home country?
3. In the future, do I need to face any issues regarding immigration?
4. Do I need to contact an attorney regarding this case? About any documentation.
 
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FAQ: Protecting immigration status: Traveling with advance parole, divorce proceedings, and an entrepreneur on an H-1B visa

1. I-140 didn't get approved but received GC-EAD card approved for 2-years along with advance parole. Is it okay to travel to India for 2 months or for how long staying from the US is valid while on EAD?
2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restricts me from getting Green Card? or since I have already received GC-EAD under the EB3 category, I should stay positive that I would receive GC in near future?
 
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Concurrent filing of Form I-140 immigrant petition for foreign workers and Form I-485

Questions :
1) with respect to H1b stamping in India, If my Employer unable to get end client letter, what are the best alternative document that i can submit?

Scenario
My USA Employer A applied Greencard in EB2 with approved I-140 - 2014 priority date. My H1B VISA rejected for Employer A during stamping in India on 2016. Currently I am in India working for Employer B.
Now My Priority Date is 2014 EB2 which is eleigible to appoly on next month.

Question :

1) While I am working for Employer B with physical work location in India, Can Employer A be able to apply for I-485 or the next step after I-140 in EB2 Greencard process?
2) If there is any issue in the above step 1, how can my Employer A file for the next step after I140 in Eb2 Greencard?
3) My Employer A H1B Rejection on 2016 affects my Greencard process by employer A?
 
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Using I-140 from a previous employer


Hello Sir,

Thank you for your support.

I used to work with XYZ company and they filed my green card, I got I-140 approved with priority date 2013 in EB-2 Category. I left them 5 years ago as senior project manager and I used to work in ABC technology.

If they have not revoked my I-140 and I join them again on a different designation and start working with different technology.

Q1)

Can I use my old I-140 with XYZ company and file my 485 with my Immigration attorney because my priority date is current and I don't need to involve XYZ management because XYZ company management approval process is very lengthy and Sometimes XYZ management takes 1 year to approve small things. So if I join them and they will transfer my H1-B and once I have my 2 paycheck, Can I proceed with my green card with my Immigration attorney ? I have all my I-140 previous documentation, still I need to get any document from XYZ company ?

Q2)
Do I need any documents or support from XYZ company to file 485?

Q3)
Will my different destination and different technology affect anything to file 485 ?


Q4)
How can I check my I-140 or not ?

Can you please explain whole process and what all dependency I will have with XYZ company and how my different designation and different technology will affect whole process ? Will this Idea work ?
 
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Can we refile I-140 with the same PERM if employer A withdraws I-140?

Hi Rajiv,
I got my I140 from employer A in 2015 with PD 2014 and moved out from employer A in 2018. Employer B applied for PERM but it got denied. Now planning to move to Employer A. Can we refile i140 with the same PERM if employer A withdraws 140? What are my options?
 
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EB-2 I-140 approved Sept. 2014 with March 2013, beginning GC processing under EB-3 under new employer - will I-140 be abandoned?

Hi Rajiv. Thanks for taking this question.

My previous employer filed my I-140 with priority date Mar-2013 in EB2 category. It was approved on Sep 2014. I left my previous employer in 2020 and joined a new company. My current employer has started my GC processing but under EB3 category (it is currently in PERM processing). The current visa bulletin (Mar 2022) has my priority date current in the final action date section. I have read on multiple blogs that if the final action date is current for more than a year and the applicant does not file I-485, then USCIS considers the application abandoned but I’m not sure how accurate it is.

Q: When my current employer files for I-140 (for example in late 2023) after the final action date has been current for more than one year in another category, will I retain my priority date of Mar-2013 for the new I-140 (employer B) or will I lose that along with the abandoned I-140(employer A) application
 
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Is it advisable to travel with AP (with misspelled last name) when both I-485 applications in EB-3 and EB-2 are pending?

Thank you for your free service Rajiv Sir.
Here is my case info;

My EAD and AP were approved for 485- EB3 application in January, 2022, then PD retrogressed. My last name was misspelled in AP approval notice, So my attorney opened a service request and when I checked with EMMA (USCIS live Chat), I came to know that my Service Request was not assigned to any officer yet as of 03/18/2022. My PD is June, 2012. Upon my attorney's advice we filed 485-EB2 application in Jan,2022. I did not receive EAD and AP for 485-EB2 application yet. Please help with these questions,
1. Is it advisable to travel with AP ( with Misspelled Last name) when both 485 applications in EB3 and EB2 are pending?
2. If I use my EB3 AP, how it is going to impact my EB2 and EB3 application process.
3. Will I be getting another EAD and AP with EB2 application?

Thank you,
Sagar
 
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H-4 extension, change of status pending and F-1 status

Hi Rajiv Sir, Thank you for taking my question.

I am on H4 status which will expire in August, 2022. I got admission in dental school which is two years program. It will start from July, 2022. I already file my COS application from H4 to F1. As per current processing time it will take long time to approve (around 10 months). Please help me for below questions.

1) My school will start from July 2022, my H4 will expire in August, 2022. My COS application is pending. Without filing my H4 extension can I continue my study or Do I have to file my H4 extension?
2) If yes, I have to file H4 extension. My ultimate goal is to get F1 status but if my COS approved first before my H4 extension than I have to file withdrawal for my H4 extension. Does there any complication to withdraw the application? Once I submit withdrawal notice is it possible still I will get approval for H4 extension?
 
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Traveling to India, while spouse's H-4 visa is pending

Hi Rajiv,
I recently got my H-1 extended through my employer. We filed for my wife's H4 separately online and have just the notice (pdf version). It has been almost 5 months now and still pending.

1. She has to travel to India for family reasons. Can she travel with that notice? If she gets her stamping done there, can she return to USA?
2. Will her pending I-539 be cancelled here?
3. What happens if her I-539 gets approved while she's in India and USCIS calls her for biometrics?

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

Namaste Rajiv ji. reposting my Question since it got missed in last call. I was unable to be live on call that time and heard entire recording but this last Q. was not taken amidst follow up and unposted new Qs.

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(still India passport holder) and have been across border in Windsor. If they hired me on H1B visa (to be able to work from Detroit area office where I can commute some days of month) and about 70% work from Ontario itself, can they put me on their Canadian/Ontario payroll for whatever USD(or CAD equivalent) salary as per LCA? or are they obligated for H1B to pay me on US payroll only? Thank you as always for your kind advice.
 
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Sponsoring green card for parents

Hello Rajiv ji,
My question is regarding sponsoring GC for parents.

Currently parents are in US on B2 visa. My sister, staying in Boston, is thinking of sponsoring their GC. She is US citizen.
Parents are currently staying with me in Texas.

Question#1: Can my sister file GC for parents while they are staying at my place? This means sponsor's address and parent's physical address at the time of filing will be different.

Question#2: Can my parents get their medical examination done in Texas even though their application will be sent from Boston?

Thank you.
 
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Marriage based green card and the 90-day rule

Hello Rajiv,

My question is regarding marriage based green card.

Currently I'm on F1 OPT and my spouse is a green card holder. We went to our home country and got married by the end of last year and came back to US in January 2022. So, it's been about 65 days now since our most recent entry date into the US. Now, I want to file marriage based AOS as soon as possible but I'm worried about the "90 day rule". Do you suggest to file for AOS right now or wait until 90 days?

In addition, does the "90 day rule" only apply to I-485 i.e. AOS application or I-130 as well?

Also, my spouse is unemployed right now but I have a good job and earn way above what's required as a part form I-864. So, can I add my income and say that this is what we earn annually? Will that work? Or we will need to find joint sponsor even though I earn above what's required?

Thank you.
 
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Canadian citizen applying for TN visa

Hi Rajiv,

My wife and I entered USA on B2 and later applied for change of status from B to F1 for my wife and F2 for me.

I left country and abandoned my F2 process. Now I am New Canadian Citizen and plan to enter USA

Scenario 1: If TN applied through Employer and enter USA as a Visitor for now.
1. If I apply for TN when in USA through employer will I have problems?
2. If I am approved for TN can my wife apply for change of Status to TD (Indian, given her F1 is still not approved)

Question if TN applied at the POE in Canada:
1. Will I have any issues getting TN (given I extended & later abandoned my F2 in USA a month ago, as Indian)

Thanks.
 
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