Recording of October 01, 2020 Conference Call With Rajiv S. Khanna

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DEEPAMENON

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: 05 November 2020
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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Hello Rajiv ji,
Couple of questions on i140.

I changed my employer, from employer A to employer B. I did this after my perm got approved from the employer A, now the old employer A is submitting my i140 (as I wish to join him in future during i485 stage). But my current employer B is also starting to process the PERM for me.

The question is, If the i140 gets denied (if for any reason) from the old employer A - should that be mentioned in the i140 application with the current employer B? Will that i140 denial affect my h1b status or new i140 application with the current employer B in anyway?

Also in the perm, does the 3 years of employment history starts from date of application? Example - If my perm is applied in October 2020, does the 3 years start from Oct 2017 to Sept 2020?or, Jan 2017 to Oct 2020?
thanks for your help.
 
Sir,
I already posted in your blog but some details are not conclusive . My H1 was approved in 2017 and I didn't went to stamping due to personal reasons .But was able to transfer to Employer B recently . My worry is if I go to stamping and gets denied Can I still use A's expired one for cap-exempt ? Also I have never got h1 stamped and never travelled to USA . My doubt is if they deny petition B while going for stamping will they revoke expired petition A also ? ( I transferred to employer B from A without stamping ).
 
FAQ: Green card or options for parents of US citizens
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Hello Mr. Khanna,
I am a naturalized U.S. citizen. My mother passed away recently and my dad who is in his 80s is unable to live alone in India. What visa options are available for him? Which is the better option and how soon can this be done?
Thank you!
 
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Hello Sir,
My Perm got approved with 2010 PD and my employer applied I-140 within 180 days after the Perm approval in EB3 category. But I-140 rejected with receipt no, saying Fee changed and apply with updated Fee. My employer applied on the same day of rejected notification again with correct fee but 180 days period is completed by then. Also, I-140 rejected with same reason as well.

My employer started gc process freshly and received approved Perm and approved I-140 with PD of 2011 under EB3 category. I am looking for my options to retain or request old PD of 2010? Please guide. Thank you.
 
FAQ: H-1B converting to H-4 and back to H-1B issues and options -
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Hello, Sir,

I was working on H1-B and recently got laid off due to the covid situation. I am considering moving on an H4 as a dependent on my spouse's H1 visa after the 60 days grace period, and I have a few questions on my next steps:

1. Am I eligible to continue my job search when I am on an H4?
2. If yes for above question, and if I get a job offer while I am on H4 then,
a. can I use the remaining time on my previous H1 to change my status back to H1 (would I be cap-exempt at that point)?
b. can I change my status back to H1 while my H4 application is still under processing (have receipt but not approved yet)?
3. If yes for above question, I believe I would need an H1 petition approval (not just receipt) to begin my new job after applying for change of status from H4 to H1. Would I also need a H1 visa stamping to start my new job?
4. I have my I-140 approved from my previous employer. Would I be able to retain the priority date after a gap in employment (gap until I find another job)?
5. If I were to return to my home country, and consider coming back to US at a later point, for how long would I be able to retain my priority date?

Thank you!
 
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My Case is as under :

My priority date is Nov 2010. I- 140 got approved in June 2011. I have got H1 B extension of 5 times. The current H1 B is expiring on Sept 30,2021. Last year me & my wife went to India and got it stamped at Mumbai USA Consulate. I am with same employer since with my first H1 B approved 2006. Now my employer suggesting to reduce my hours/pay cuts due to Corona Virus. The pay cut suggesting is around 50 % .
With that pay cut I will not be able to survive. My Questions to you are as follows :

1) Does this will affect my Visa Status? or GC Application in future ?.

2) Can I look around for New Employer and get a Transfer to my new employer . In such a scenario , DO I HAVE TO APPLY FOR NEW I-140 ? My current title is Operation Research Analyst , do I have to get same type of Job or I can do other kind of Job. I am an MBA from University of Connecticut and got my H1 B approved under Student Quota of 20,000 .

3) I have reached the age of 65 and eligible for Social Security benefits ( completed more then 40 Quarters ) . Does this will affect my GC application or HI B Transfer ?

d) Can I go to India for 4/5 months without pay & return to USA thereafter.

Regards

Jd
 
Rajiv Ji

I have an approved, but withdrawan I140 with priority date in 2004. This was approved in Dec 2008 and withdrawn in March 2009. Reason: I left to India for personal reason. It had consurrent I485 filing and I485 was pending for more than 180 at time of withdrawal

I came back to US in 2019 and applied GC under EB1C and my I140 is pending for approval

Can I port priority date from previous I140 even though it was withdrawn and prior to 2017 portability rule

If so can I file I485 concurrently
 
Rajiv, thank you for addressing LPR’s stuck abroad over a year. I am unable to call in, so if I may, 3 simple follow-up questions:

1. Regarding airlines not allowing LPR’s to board a flight home to US:
- The Timatic/IATA database (that airlines use to determine documents required to board) indicates that a physical I-551 is sufficient (timaticweb.com), and
- The US embassy indicates that even an expired I-551 is enough, if it was a 10-year card
(no.usembassy.gov/visas/immigrant-visas/boarding-foil/).
Is this a matter of being supposed to work (in theory according to the rules), but is not actually working in practice? Perhaps because too many airline employees don’t know the rules?

2. Regarding SB1 being the only option to re-instate green card, several articles indicate another way:
Quoting one source:
“If your green card (Form I-551) has not expired, you may wish to travel directly to the US and assert at the port of entry that you never abandoned permanent residency. While this is more risky than applying for an SB-1 visa, the Customs and Border Protection official has discretion to waive you into the US even without a technically valid I-551. The CBP official may ask you to complete Form I-193, Application for Waiver of Passport and/or Visa and pay the requisite filing fee. In the event that the CBP official does not waive you into the US, as a lawful permanent resident you have the right to have an Immigration Judge review your claim, and the burden of proof is on the government through clear and convincing evidence that you abandoned permanent residency.” (source: lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/faq-for-green-card-holders-during-the-covid-19-period)
My understanding from these articles is that upon presenting the inspector convincing evidence that permanent residence has not been abandoned, if waived into the US, then removal proceedings are averted. It was even suggested it could, in certain cases, be a better path than SB1, since State Department rules applied by the embassy are more stringent than those applied by CBP. The key elements of evidence appear to be that family, work and home remained in the US.
As above, is this a case of being fine in theory, but not working often in practice? Or perhaps, that despite the embassy's more difficult rules, SB-1 success rates are nevertheless higher than presenting evidence to CBP at border?

3. While waiting for CR1 to process, is a Philippine spouse of an LPR likely to succeed in an F1 application?
 
Hello Rajiv ji,

I am on h1b visa and looking to apply for I-140 EAD under compelling circumstances . Can I still able to maintain h1b visa after I-140 EAD approval?


Thanks
Dhru
 
Hi Rajeev,

Thanks for your help and call to help the immigration community.

I am a US citizen and applying for GC for my parents. In early February USCIS passed the final Public charge rule and as part of the new rule we have to submit for I-944 (to prove self-sufficiency). On July 29th the a judge in New York put a hold on applying the rule or any period during which there is a declared national health emergency in response to the COVID-19 outbreak. USCIS passed an injunction that they will not consider any information provided by an applicant or petitioner that only relates to the evidence required by the Public Charge Rule, including information provided on the Form I-944 or any supporting documentation included with that form.

My understanding is we need not submit form I-944 and along with I-485 and USCIS will apply the old public charge rule. Can you please confirm we need not submit I-944 form while applying I-485

Thanks
Krishna
 
FAQ: How many years can I wait to file I-485 after priority date becomes current, etc.
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Hi Rajeev,

If the eb3 priority date current within how many years of time we have to Adjust the status?
Is there any time limit to file I-485 when employment priority dates become current?

1. from past 15 yrs on H1b Have APPROVED I-140, its still active,
My eb3 priority date current from 2018 unable to file i-485 till now, due OLD company doesn't exist and the current employer PERM expired , this is the reason I am unable to file Adjustment of status (i-485), If I don't file within any time limit will I lose the priority date or Approved I-140?

2. Going to file H1 extension next month, I-94 validity till the end of October 2020. Is there any chance I can Get one more H1 extension when the priority date current?
3.If H1 denied or rejected, in that case if goto India later can apply for GC in the consular process( my employer just started for Perm process, if PERM and I-140 approved and he will support for future employment) in that case once I -140 Approved can I file through the consular process from India?
3. can I eligible for the consular process or will I Lose my priority date of 2008 because I didn't use now when it's current?
 
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Hello Rajiv,
Can my green card sponsoring employer pay some parts/reimburse some amount of my grad school - masters degree tuition? Is it allowed and/or Will this cause any problem during perm or i140 filing?
thanks.
 
Hi Rajeev,
1. Is it ok if we file H1 extension as well as COS (H1 to F1) both Nonimmigrant visa petition at the same time?
I-94 going to expire on 31st October 2020, so we want to file both petitions before I-94 expiration?
2. In F1 petition if you choose we have filed an immigrant visa petition, will it impact my F1 visa Approval?
3. if we file before I-94 expiration will they can consider them like 2 different petitions? or like a briding petition?
if H1 extension denies will it impact on F1 approval?

if Both H1 and F1 Approved which one I have to choose? whichever approved first I have to go for that?

thank you
valli
 
Hello Rajiv,

I have a quick question regarding my non immigrant status.

I had my 3 year H1b visa stamped and valid until Aug 2020 but my passport was expiring in June 2019. Although I renewed my passport well before its expiry date, I did not notice that my I-94 was also expiring in Jun 2019. It was realised only in March 2020 when my company was applying for my H1b extension. The extension case was submitted in Nunc Pro Tunc and got approved for three years from Aug 2020 to Aug 2023 with new I-94 for the same period which was attached to my I-797.

My question is what happens to time period from June 2019 to Aug 2020? Is that no longer considered unlawful presence now that I have my case approved? Also, will there be any problem at port of entry in case of future travels?

Thanks.
 
thabitapriya79 said:
Sir,

I am Thabita and lived in USA for 15yrs on H4 visa. Now I am looking for U-Visa. I would like to know the process and fee details.
Dec 10th 2018 Case filed against my husband for child abuse in Austin,TX
Dec 24th 2018 Returned back to India.
Feb 19th 2019 Arrest warrant issued.
Please advice !!

With regards,
Thabita
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Sorry, Thabita, we do not practice in the U visa area.
 
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