Recording of May 12, 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 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: May 26, 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
 
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Studying while AOS is pending

Hi Rajiv,

I would like to know your opinion with my tough situation.

Summary: Can I attend university (2 yr full-time Masters degree) while I am on adjustment of status?

Details:
I am currently on an H1B visa. I'm the primary person applying for the EB3. My I485 was filed July 2021, fingerprint was collected Dec 2021, and EAD was received in Jan 2022 (This EAD works for 2 years).
I got admitted to a Masters degree starting in Sep 2022 in another state. Since the priority date of EB3-China had a big regression, my date became 6 month behind "current".

Question 1 - Can I attend university full-time while I am on adjustment of status?
Question 2 - To be able to keep my full-time offer, I might need to do a part-time. Will it work?
Question 3 - Will USCIS know I go back to school and ask for RFE or ask questions about it during the interview?

Thank you
 
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Changing employers during the green card process

Hello

I was working for Company A and have approved I-140 (EB2) with March 2014 as Priroity date. While I was working, Firm A got accquired by Firm B in Sept 2018 and I was with same Firm B for 7 months. I left the Company B and join Firm C in March 2019. Currently, Company C filed a perm and its in process.

Recently, old Firm which is Company B (which has accquired Firm A from where I have approved I-140) reached out to me and want to hire me back.

SO my main question on it

1) If I join Company B - do they have to file Perm again or am I eligible to file I-485 with them right away.

2) If I rejoin Company B - do they have file any kind of amendment before filing I -485.

Primarily I am looking for whats the safest solution in this case.

Thanks
 
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Filing I-1485 a year after priority date became current

Hello Rajiv Ji,

My green card priority date is June 2013. I moved to Company B in Nov 2019 and they have filed my Labor certification to USCIS on Nov 2021 due to COVID delays. In Jan 2022 my date got current and I am waiting my Labor approval so I can file I-140 and I-485 Parallelly. But I came to know that there is some law that would impact my priority date. If I am not able to file my I-485 with in a year since it got current my priority date will be revoked. Can you please provide me some insight on this.

Thank you So much.
 
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Filing for I-485 Supplement J and dilemma on interfiling at the I-485 Adjustment of Status phase

I have a PD of 06/2013. I downgraded to EB3 in 2020 and got receipt from Nebraska. After dates retrogressed in 2021, my case got moved to NBC, with interfiling of medicals.

My date got current in EB2 on April 1st. However, I took a promotion in the same company. so, my lawyer first filed the 485J for job portability. This 485j was submitted on April 1st. Along with 485J , I also submitted a letter and in one part of the letter, I requested USCIS to adjudicate my 485.

My attorney was planning to interfile, after we receive the receipt number for the job portability 485J. I haven't received it till now. I don't know the service center to which the 485J for job promotion was filed. My case status changed to 485 approved recently. At the time of approval, i was current in EB2, Not current in EB3.

1. since I haven't interfiled, is my Green card still valid ? can USCIS approve without interfiling ?
2. will it cause any issues in future ? ( may be at the time of applying for citizenship, gc renewal etc) .
3. should i still submit interfile form ?
4. is there anything else that i should do now ?
5. can USCIS go back and revoke GC for this reason in future ?
6. if everything is good, how long do i need to stay with my employer, after receiving the green card ?

Thanks for everything you do for the immigration community.
 
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Procedure and documents required to apply for green card through marriage

Hi Rajiv Ji,

Summary:
I am hoping to get some guidance on the process of filing for obtaining a US green card through marriage to a US citizen and when is the best time for doing that.

Context:
I am currently working in Maryland on an H1B visa valid till 2024. I am marrying my fiance (who is a US citizen by birth) in September this year, and then we would be applying for my green card in the Fall of 2022 where she would sponsor me. We have our marriage license set to be signed when we get married at the court in mid-September. We both also have to travel to India (6 weeks after our wedding) in the first half of November for one week trip to attend my friend's wedding.

Questions:
1. What is the earliest I can apply for the green card (GC)? Should we wait till after coming back stateside from our trip to India to apply as pending GC applications can have imposed travel restrictions or could I obtain a travel permit quickly for it? I have a valid H1B visa stamped on my valid Indian passport for reentry.
2. Is it advisable to engage a lawyer to assist in filing for the green card and the process which comes with it such as interviews? I am thinking I'd like to be thorough and correct with my petition along with getting it in as soon as possible without delays.
3. Do we have to just file I-130 and I-495 concurrently?
4. What are the advisable general documents and proof we can collect from now itself so that we can apply for the green card as fast as possible when the time comes after we're married?
5. Would USCIS be still conducting interviews for couples and how many weeks are expected to get the green card approved?
6. While the GC application is in process, can I switch jobs (while staying within the US) for a different company that agrees to port my H1B visa ?

Thank you!
 
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Selected for H-1B lottery: Changing job and employer before H-1B filed

Hi Rajiv Sir,

I am working on OPT and I got picked in H-1B lottery this year through my current employer.

Now my H-1B COS is going to be filed by my current employer, but I want to change my job and employer before 10/1/2022.

So, my question is that, how can I switch the job before 10/1/2022 without losing my H-1B?

I mean I want to get H-1B COS this year, and I also want to change the job before 10/1/2022. So, both could be possible.

Thanks Sir.
 
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Can beneficiary or employer file I-485 given approved I-140 with previous employer and similar roles & responsibilities?

Hello Rajiv,
I have my I-140 approved from my previous employer with priority date April 2012. Currently I am working with my current employer on H1B and my GC presses with my current employer is at Prevailing Wages step.
My question is - Can I (Privately or with my current employer) file my I-485 directly (Skipping the process of I-140 approval with my current employer), if my roles & responsibilities are almost same with my previous employer and my current employer.
Please advise.
Thanks for your attention and appreciate your response.
 
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Immigration obligations to pay FICA taxes in U.S. while living in Canada and on U.S. company payroll

Namaste Rajiv ji,

I moved to Canada from USA now but still work on US payroll (required by my employer for my H1B sponsorship, as even you had advised in past). I cross into USA few days of month for work. I called Social Security Admin. customer helpline and they told me as Canada tax resident(also PR) and US tax non-resident going further I need not contribute to US Social sec. and medicare taxes. however from H1B and more so future possibility to file i485 (if/when Feb'18 priority date may become current) are there any immigration obligations to pay these FICA taxes in USA while I live in Canada? For federal tax withholding they do in US there is tax treaty to avoid me double taxation in Canada and US state/local tax withholdings my employer has already blocked so only US federal, social sec. and medicare deductions happening now.

Thank you for your kind advice as always!
 
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Parent I-539 (application to extend pending) and traveling back to the U.S. on visit visa after one year

Hello Rajiv ji,

I have a question regarding my Mother's visitor visa. She visited us in March 2020 and was stuck in the US due to the lockdown, flight cancellation and travelling risks due to Covid-19. We timely filed her I-539 extension online and got the receipt on the same day. Initially we requested a 5 month extension and when the 5 months were coming up and the situation was still the same, I called USCIS to get some advise. I had spoken to Tier2 officer and the officer suggested to submit a request to amend the return date on I-539 since the extension application was not yet reviewed/adjudicated.

I submitted a request same day with supporting documents and attached to the pending application online. USCIS sent a response that the correspondence was received and will be reviewed. When the situation was normal and flights started operating, my mother returned in March 2021.

Two months later after her departure, we received her biometrics appointment. Again, I spoke to the Tier2 officer about her situation and officer advised to not worry and carry all application related paperwork during her next visit.

Question:
It has been over a year that she returned to India. Can she travel to USA now using the same visa? She could have gone for visa renewal but dropbox appointments are difficult right now. What do you suggest?

Thank you for your guidance! Appreciate it!
 
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Hi Rajiv,

I filed an EB3 downgrade in 2020. My dates became current on April 1st 2022, only in EB2, not current in EB3. I did not interfile to EB2, because I was waiting on a 485J receipt for a promotion (job change) with same employer. Meanwhile, My 485 got approved with COA: E26 for me and COA E27 for my spouse. I also received the physical cards. My attorney is insisting on submitting the interfile request to EB2, to have an official record of our request to USCIS to process in EB2.

will submitting an interfile request cause any problems to the Green card, either now or in future ?

what is the possible downside and upside ?
 
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Porting priority date from current employer to a new employer in a new career/field

Hello Rajiv,

I have a question regarding PORTING my Priority date from Current employer (Chemical Field) to a New Employer in a New Career/Field (IF-Field).

Here are basic details. I graduated with Masters degree in Chemical engineering and working in the same field since OPT and on H1b (4 years). I have approved I-140 from the current employer.
Now I am considering to change to IT-Field (As my current employer from Chemical field is going through business issues due to Covid and considering to Shut down of operations eventually). It is hard to find Visa sponsors in my Core Field!!
So I have acquired some IT certifications and upgraded my skills accordingly. If I safely land a job in NEW field which is IT, am I able to PORT my existing Priority date to New Employer or I have to start the whole PERM process where I loose my OLD Priority date and a NEW Priority date is going to be assigned for New Employer??

I appreciate you insight and suggestion on my case.


Thanks
 
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Multiple employer changes: Can one use the old I-140 and refile in EB-2, I-485 without going over the entire PERM process?

Hello and Namasthe Rajiv,

I need your best suggestion and guidance on how to proceed with I485 in EB2. My priority date is in Nov 2013 from Company X. I have been working since Nov 2014 for company A. Company A filed by Perm and I140 and it was approved. Company A got acquired by Company B in 2018. During Oct 2020 movement, I requested to downgrade to EB3. I have mine and spouse EADs issue in 2021 on EB3 485. I recently found out the attorney team filed EB3 485 with new I140 under Company B as a new filing. Company B changed name to Company C in Nov 2021. Attorneys filed 485J for this change. Now since my filing date is current and expecting my priority date to be current in the next 1/2 bulletins, I am pushing my company C now to use my Company A I140 to refile I485 in EB2. The new attorneys now with Company C are stating, my EB2 is not valid as the company changed name 2 times and the FEIN’s are non existent now. I am insisting the attorney’s to use successor of interest and submit a new I140 with Company C and start working on I485 in EB2 directly. But the new attorney law office is informing me and Company C, due to the company changes(both name and FEIN’s) I can neither refile in EB2 using my Company A I140 nor interfile from EB3 to EB2 when my date comes current.


The only options I have as per new attorney office is to wait out in EB3 or start with ad and perm process in EB2 with company C. Is this true? Cant I use my old I140 and refile in EB2 I485 without going over the entire PERM process?

Please let me know the risks involved and what should I do now to utilize EB2 dates movement.
 
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Impacts on traveling to India if H-4 extension

Hi Rajiv,
My H-1B was extended by my employer in Oct 2021. We then filed H4 extension online for my wife with USCIS (California Service Center). We have the receipt number only. Its been 6 months and still pending. I have heard that if she travels to India, her I-539 will get cancelled.
1. Will USCIS refund the application fee?
2. If she has to get H4 stamped in India, will she have to start a fresh H4 visa application based on my I-797, or she just needs to get her current H4 extended?
3. Will there be any issue with her status when she returns back to USA?

Please advise.
Thanks.
 
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Hello Rajiv sir,
I've filed I-539 online for my wife's H4 in Nov 2021. Receipt number was generated, but it always shows "case status unavailable" while tracking on the website. Its been 5 months now and no update. USCIS customer care has confirmed its still processing and say nothing more. Why is it taking so long? Is there no expedite option for H4? Can we file for her H4 EAD without receiving H4?

Thank you.
 
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