Recording of May 27 , 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: 10 June 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.

 

[tanmaybhatia]

FAQ: Not reporting change of address to the USCIS - Naturalization

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Hello Rajiv ji,
My question is regarding naturalization. My father’s brother sponsored my father and his family for green card, and we gave our uncle’s address to the USCIS. Since coming to the United States, we did not change our address with the USCIS because we were living on rent and our uncle had a permanent address. Now we are ready to file for naturalization. So should we be worried about this because the USCIS states that individuals have to update their address within 10 days of moving?

thank you for your time and suggestions
Tanmay

 

[ITPro20]

Changing a spelling mistake in parents' name on birth certificate during the pandemic
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Our birth certificates have incorrect parent's names, but we have notarized affidavits for that prepared lately (post filing AOS). So at the time of filing our I-485 AOS, we submitted the printouts of the scan copy for the original birth certificates as well as for the notarized affidavits.

Even though it may take several years for the Final Action Date to become current, I heard people have started getting interview calls despite their FAD is far behind. I never thought my Filing Date will become current that early.

Now NEITHER we have the original birth certificate NOR the original affidavits here in the USA. Those are with our parents in India.

Due to travel restrictions and in this pandemic situation, I can't even go to India to get the original certificates and the original affidavits. I also don't want to take any chance to mail it through international shopping, in case the originals get lost/delayed while logistics are also uncertain in this pandemic situation.

Any suggestion if we are called for an interview now?

 

[Saanvi]

India travel ban exemption for H-1B holder with U.S. citizen child
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Hello Sir,

I wanted to ask about travelling from India to USA in the present situation. My husband is on H1B visa and son is a US Citizen (5 years old) . They went to India in March this year and are currently stuck there due to the travel bans. Can they travel back to USA, as my son holds a US passport?

Thank you in advance for your suggestions.

 

[arjung]

Travel alternative from Abu Dhabi as reentry permit expires soon
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Hello Rajiv Ji,

I am approved for I-131, Re-entry till June 21, 2021

Subject: Extend my I-131 validity till July 31, 2021 from (valid till June 21, 2021)


I am currently in India, working for Indian subsidiary of USA based company. I have approved N-470 from Feb, 2019.
I got married in India on June 6,2018, I have plans to apply Family based green card for my wife and then move to USA with my wife.
I have taken my first COVID 19 vaccination Astra Zeneca dose (Called COVISHIELD in India) on April 17, 2021. My second Astra Zeneca dose (Called COVISHIELD in India) has been postponed from original date of May 29, 2021 to (Between 10 Jul 2021 and 07 Aug 2021) due to announcement made on May 14,2021 by Government of India. (https://www.livemint.com/news/india...ield-doses-to-12-16-weeks-11620896895644.html)

Based on CDC guidelines, https://www.cdc.gov/coronavirus/201...nfographic-international-quick-reference.html, I want to enter into USA to file my re-entry permit I-131, Application for Travel document after my second dose and attain full vaccination status.

Since, my second of COVID 19 vaccine can’t be taken until 10 Jul 202 and my re-entry permit expires on June 21, 2021

1) what is the procedure ?= to extend the validity of my current I-131 travel document to July 31, 2021?
2) What is the correct email address to contact USCIS? Not able to speak with an agent, as I am getting Automated message. Been calling USICS call centre for past 1 days (+1800 375 5283)
3) I am thinking of entering USA through immigration done from outside USA centers such as Abu Dhabi after June 20, 2021.
What are the different outside USA immigration center's?
Which outside USA immigration center you recommend to travel from India to get immigration done?

 

[greencard2009]

Options where EB-2 priority dates getting current and no action on Supplement J
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Hello Attorney Khanna, My EB2 priority date is Dec 15, 2009. It has been current since March 2021, but there has not been any activity. The service center processing the case is Texas Service Center. I have followed up with the USCIS already via an online inquiry and they have responded:

"Based on your inquiry, we have reviewed the status of your case and found that it remains under active examination. This office acknowledges the completion of your case being outside of the normal processing time and realizes the inconvenience it may cause. The delay has been necessary in order to ensure thorough processing of your case.

Unfortunately, we are unable to provide you with a definitive timeframe at this point. USCIS will notify you if any further information is needed from you or when a decision has been made."

As you know, the EB2 priority dates have now advanced to late 2010. What do you suggest doing? Are there any documents I can prepare in anticipation of processing in the near future? Note that I have changed employers a few times since the I485 was filed. With each employer change, I filed the I485J. For my last job change in 2018, I have only received a Receipt Notice for I485J. I have not received the Approval Notice.

Thank you.

 

[johndoee]

FAQ: Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial

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Hello Rajiv ji,

I am 25 years old from India.

2 years back I had applied for a B1 visa to attend my company's global conference as a speaker. My visa application was rejected on the grounds of 214(b). I saw a lot of folks (7-8 people) from my company in the same age group as mine get rejected (214(b)) for the same purpose of attending the conference.

Now, I am going to apply for an F1 visa to pursue a master's program in computer science at a good university (top 10 in my program). I am currently still working for the same company and plan to leave if and when I get an F1 visa.
I have funding for the entire i-20 amount via Research Assistantship. I completed my undergrad with a decent grade (9 out of 10).

Will my previous B1 rejection impact my chances of getting F1? If yes, how can I be better prepared to improve my chances of F1 approval?

Thanks.

 

[noorahmad]

H-1B extension Nunc Pro Tunc
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Hello Rajiv ji

My H1B extension was denied March 9 2021. My company's lawyer filed I-129 Nunc Pro Tunc in Premium Processing category and it was delivered to USCIS Vermont center on March 22, 2021. We tried many times to contact the Vermont center but their phone number isn't working. I would be very grateful if you can respond to the below questions.

1- If I leave US now and don't wait for the Nunc Pro Tunc decision and go back to my home country what will happen to the petition
a) Will USCIS deny the petition and my company would need to file again ?
b) Will the Nunc Pro Tunc converted to general council processing and upon approval I would need to apply for the H1B visa again in the embassy

Thank you

 

[venkatmr]

Spouse of H-1B visa holder visiting USA on B-2 visa
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Hello Rajiv Sir,

My sister-in-law, in India, intends to marry someone in US on H1 visa. She has B2 visitor visa that is valid for the next eight years. She is working in a company in India that also has branches in US. The B2 visa was applied by the family and not by the company. She has also already visited US once with the B2 visa. Can she marry a person in US who is on H1 and come to US and stay with the person while on B2 visa. Due to the pandemic and the immigration offices being closed, we are not sure when the H4 visa interview can happen and she can get her stamping, after the marriage is over. So, we are thinking in the short term, she can come to stay with her spouse on B2 visa and once the H4 is approved, she can get her stamping done (come to India, get the stamping and get back to US). Will she face any problems by doing this.

 

[Hrz1]

Cross Chargeability, EB-2 green card processing time, DV-2023 and Continuous residence and Naturalization
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Hello sir, I hope you're in fine health. Thank you very much for this initiative, it is really amazing to see how many people you have helped this way.

1) I wanted to confirm one thing that is Green Card queue based on place of birth or place of citizenship?

2) I believe I'll be in EB-2 category as I'm pursuing my MS degree here. Can you please tell me the fastest way I could get the green card in employment based sponsorship? How early can the company apply for our Green Card application? Can it be as soon as I have started full-time working over there or would it be after my OPT ends and I get H1-B and then the company can apply for my green card application?
So would the best case scenario be that as soon as I join the company in OPT, they apply for my H1-B visa and as soon as I get it, they can apply for my green card, right?

3) Also, I was considering applying for DV-2023 as well. As far as I have understood this depends on the person's place of birth as well, but the problem is I couldn't find the proper dates for DV-2023, and I believe some websites that I went to, were asking for money in the end, so those must be fake as the application is completely free right? Can you please tell me if this is the correct website: dvprogram.state.gov and also the dates that it would be accepting applications for DV-2023.

4) Also, for getting US citizenship, once we GET the green card, do we need FURTHER 5 years of continuous stay/work in US before being eligible for it? Or can we also count the period we spent in US before getting the green card for it?
Also, does the continuous stay necessarily mean not leaving the country even once?


Thank you very much sir,
Hany

 

[Meera$]

H-1B worker moving from USA to Canada, OPT reporting and US visa regulations during the process of transfer
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Hello Rajiv Ji,

My employer is planning to transfer me to Canada. My current visa status is OPT which valid till next year. Please advice on my below queries:
1. If the transfer process gets completed before completion of my work authorization period, Can I move to Canada and use remaining work authorization period any time later like H1b can be used?
2. How should I fulfill 12 and 18 months OPT reporting to DSO, incase of transfer process has been initiated for me and in my employer’s portal my location is marked as Canada? Can this affect my OPT reporting ?
3. If I move to Canada leaving my current work authorization, can this create negative impact on any future visa that I may apply for US in future?

Please advice me if there is something else I should pay attention to regarding US visa regulation , while in the process of transfer.

Thank you so much for your time.

 

[hindustani99]

Visitors visa for parents while Green card pending and delayed
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Hello Rajivji,

We filed for green card for our parents in Dec 2018. Both their cases were referred to US Embassy in Mumbai for final approval on Jul 2020 and Jan 2021.
However, due to Covid, the US embassy has been strictly processing emergency cases only. With multiple health scares over and above the Covid situation in India, we would really like them to come to the US sooner rather than later. Their second 10 yr visitors visa expired this Apr.

Question 1 - Given that they have pending green card application, can we safely apply to renew their visitors visa?
Q2 - Will they be stopped at the port of entry on visitors visa, because they have immigration application pending?
Q3 - Is there anything that can be done to request the US embassy to call them for interviews and process their green card application?

 

[babubudengm]

H-1B validity period and extension (remainder option)
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Hi Rajiv Sir,

This question is regarding H1B validity.
1. I worked in USA on H1B (Jul 2017 -Jul 2018- 1 Year). It was onsite from Indian MNC. I came back to India due to H1B extension denial.
2. I changed employers in India, I am planning to come USA on F1 to study MS.
Question: Does my H1B is still valid for 5 more years(post Masters)? or I will have to go through lottery process again to get H1B?

 

[DEEPAMENON]

Two I-140 approvals - company one charged with visa fraud/consular processing
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Question from our Community Member:

Hi Sir,
Thanks allot for your community service call, helping millions of people
around the world.
I have 2 EB2 I-140 applications approved back in 2010 (Company 1 - sept 2010
and company 2 - oct 2010) and I have filed 485 with company 1 in 2012, I am
on AOS with no H1 document working as full time employee for company 3(never
worked with Company 1 or Company 2). Back in 2015, I have requested senator
to check the status of my 485, USCIS replied that my 485 is supported by 2
I-140's and PD is not current. Now my PD is current, trying to provide
supplement J and came to know that the company 1 was charged with 20 counts
of visa fraud and mail fraud. So my current employer is filing fresh GC
again.
1. I am currently in US on AOS, is it mandatory to file new I140 with
consular processing ?
2. Can I request USCIS to withdraw I140 from Company 1 from 485, use I140
from company 2 and stop new filing from company 3?
Thank you for your time and suggestions

Pranab Kumar Kotagiri