Recording of October 28, 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: 11 November 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.

 

[abc.xyz]

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B

Hi,

I have an approved I-140 from my old employer 'A' with a priority date of Mar 2016.

Now I am working for employer 'B'. I have a couple of questions about this:

i) Is it worth doing my PERM here through employer 'B' again if I plan to change job in the near future (maybe in a year or so)?

ii) Are there any benefits of doing the PERM now through employer 'B'?

iii) Or would you suggest doing the PERM with my next employer and don't bother with the PERM through employer 'B'?

Thanks much.

 

[deepmact]

FAQ: Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions

Hi Rajiv Ji,

Thanks for your guidance.

I was on L1A and later switched to H4-EAD 3 years back (working with the same Indian MNC for 15+ years). I am managing a big team here in the USA and some reportees are in Mexico. Since the H4-EAD extension is taking time, my company is planning to move me to Canada for 1 year. As per plan I will be back to the USA on L1A visa and then the company will file GC in EB1.

I don't have any team in Canada and I will be managing mostly the same US & Mexico team from Canada.

Q1. After 1 year, when I apply for L1A from Canada, do I need to have direct & in-direct reportees only in Canada or can they be anywhere in North America (USA & Mexico and even in India)?

Q2. If my reportees (direct & in-direct) are not in the same country where I am working (Canada), will it create any issue in filing EB1?

Q3. My spouse is working on H1B, if I move to Canada, can She join me for a short duration (2-3 months) and work from Canada during Kids summer vacation?

 

[slim215]

I am a Canadian citizen and I overstayed my visitor's visa to the U.S. Can I return?

Hi Rajiv,

On Aug 19 2020 and Sep 16 2020, you were answering questions regarding the possibility of someone applying for a visitor visa when the person was overstaying in the past. The short answer to the question: having been overstaying in the past can make the person to be un-qualified for a visitor visa due to the nature of visitor visa being a non-immigrant visa.

My question: does the same non-qualifying issue also applicable when the same person becoming a Canadian citizen (and have lived outside the US for more than 10 years) and would like to visit the US as a visitor?

Canadian citizen do not need to apply for a visitor visa, but, with overstaying issue in the past while on a different citizenship, does Canadian citizen will have an issue with the immigration at point of entry?

Thanks!

 

[visaqs01]

Options for applying for a new H-4 EAD

Hi Rajiv,

I am on H1B with validity on my I-797 for 2+ years and my spouse is on H4 with validty on I-797 for < 1 year.

Never filed H4 EAD for my spouse but planning to file H4 EAD now.

Can you please suggest the best option from below?

1) Apply for H4 EAD using the existing H4 with validty < 1 yr.

2) Extend H4 based on my H1B (which is valid for 2+ years) and then apply H4 EAD? [Also Is it possible to extend H4 before 6 months of expiration?]

3) If we go with the 2nd option - can we file H4 and H4 EAD together or should H4 be filed first and then H4 EAD next?

Thanks!

 

[Unity5]

FAQ: Are L-1B visa holders eligible to work remotely?

Hi Rajiv sir,

This is a question about after return to normalcy from the pandemic.

From an immigration perspective, are L1-b visa holders allowed to work remotely/work from home from within the US? Does it matter whether the employee's home (where she will work from) is in close proximity to the designated company office location or not?
And lastly, would you expect difficulty with getting the L1-b visa in the first place if the intention is to work remotely/from home (but within the US)?

Thank you!

 

[jpnana]

F-1 Change of Status after winning the DV lottery and options for spouse, currently in a graduate program in another country, who is in the same DV application as a derivative

Hi Rajiv,

I am an Egyptian citizen. I am currently on an F1 Visa in the US. I got selected in the DV lottery with a case number 2022AS8XXX (I was born in Kuwait). The US embassy in Egypt hasn't been working full capacity so am thinking of going the AOS route.

What complicates things is that my wife (who is in the same DV application as a derivative) is a PhD student living in Japan.

So the options for her are to 1-Have her come to the US right before I file and go through AOS together and try to expedite her Advance parole so that she doesn't miss too much of her semester in Japan, 2-Have her do CP and FTJ in Japan while I do AOS in the US and somehow try to expedite it so that she doesn't miss the deadline of Sep 30.

We do not know which option is best for us. Which route would you advise us to take? And what are the things that we need to take care of/ pay attention to for each of these routes?

Thank you very much!!
Taz and Nana

 

[Mira99]

Misdemeanor case with I-485 application - Attorney-Client confidentiality

Follow up Question:

I had one misdemeanor incident due to some misunderstanding in shopping mall, police arrested me and judge gave me 40 hours community service in 2014 and same time my case was expunge.

What all documents we need to submit related to my misdemeanor case with I-485 application ?

Important Question for me:

When I joined my current company 2 years back they did my background check and as case was expunge so it did not affect my background check.

I know it will be hard for you to tell but I am asking for general practice what is popular among attorney.
Is it safe to share these details with company attorney ? If I will share all my misdemeanor case details with my company attorney then will they keep it confidential between me and them ? or they will share with my company HR ?

 

[Payal786]

EB-2 to EB-3 downgrading

Hello Sir,

I need quick help. I have 20 years of IT experience and MCA from India and My last 2 green card was files in EB-2 category and got I-140 without any problem with priority date in 2013. New company agreed to file a green card in EB-2 category and the attorney told me that she is preparing in EB-2 category only but before filing PERM , she is suddenly started telling me that with Job description my company posted, she can file in EB3 category only.

Question 1 : Can she file in EB-2 category with below job description? Please find Job Description below.

Question 2 : She told me that as company posted below advertisement and ask for prevailing wages, so now if they change job description for EB2 then government may ask many questions to company? is it true ? as per my understanding company can post any many job position they want.

Question 3 : What all things needs to done to file Green card application in EB-2 category? Till now they got prevailing wages for below job description and posted advertisement and ready for file PERM in EB3, which I am not comfortable.

Question 4 : My last 2 green card was filed in EB-2 category and I got I-140 without any problem. If my current company file my green card in EB-3 and If I change my job and can new company file my green card in EB-2 category in the future or they will face problems as my 3 green card is filed in EB-3 category.

 

[Nik_H1B]

FAQ: Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B

Namaskaram,

I have filed AOS with 140 downgrade in EB3 and it's pending as of now. I already received EAD/AP. I have H1B with the same employer A till 2024. I am planning to utilize the AP for my upcoming India trip and after coming back keep working on H1B. Currently, the EB3 Final Action dates have been retrogressed. I have both EB2 and EB3 I140 approvals.

Question: In case of my EB2 date becomes active [EB2 final action date becoming current ], will I be able to interfile and ask USCIS to consider the EB2 case. Also, provide your feedback on this scenario with the same employer as well as a different employer.
For example after returning from India on AP with employer A [with that I have Eb2 and EB3 I140 approved], changing the employer B - working with him filing I485J and my EB2 date becomes active. Will I be able to file EB2 interfile with employer B?

 

[Sheetal32]

FAQ: Working outside the U.S. for four months with a recently issued green card

Hi Rajiv ji
Namaste. Thanks in advance for answering.

I got GC last month. I am planning to go to India and work from India for a US company for 4 months continuously. This US company is the company that sponsored me for GC.

1) Is it legally allowed from the USCIS point of view because I stayed and worked for 4 months continuously from India?

2) Will there be an issue at the port of entry when I return to the US because I stayed and worked for 4 months continuously from India?

3) If there are issues and questions, what type of issues and questions could I face at the port of entry?


Thanks,
Sheetal

From Pooja Working for multiple jobs and working remotely in India for three months on green card received two months ago

Hi Rajiv sir
I recently got my greencard two months ago. I am still working for the same employer who petitioned me for my green card because i want to work for this employer at least 6 months from the date i got my GC.

1) While working for this employer who sponsored me for GC, can i work for another full time employer (40 hours per week) at the same time?

2) While working for this employer who sponsored me for GC, can i work for another part time employer (like 20 or 30 hours per week) at the same time?

3) In both the cases above, do you see any issues if i remotely work from Delhi/India for some time (say 3 months)?

Thanks for your advice!!

Pooja

 

[Amrutha-jain]

Documents needed by and anticipated questions for green card holders at the port of entry

Hello sir,
Rajiv ji . I have a couple of questions about entering the USA using a green card (GC).

I am a GC holder and will travel next month and planning to return to the US in December.

1) What documents do I need to carry and show at the port of entry when I return to the US?

2) What questions does a CBP officer usually ask a green card holder at the port of entry?

3) Do I need to carry tax returns, pay stubs, w-2, previous h1-b documents ( i was in h1b before I got GC)? What are the chances that a CBP officer asks for these documents?

Thanks for your valuable responses.

Regards.

 

[srjmk]

When EB-2 moves faster, can I interfile to EB-2 from EB-3 with my new employer B?

Hi Respected Rajiv Sir,

I am confused with your two different answers for the same question asked by myself and someone else too

Q: Filed 485 with Employer A on EB2-EB3 downgrade and EB3 I-140 is approved and crossed 180 days of 485 pending, Also EB2 I140 approved for more than 180 days from its approved date. EAD is also approved. Joined Employer B on AC21 with 485J.
When EB2 moves faster, Can I interfile to EB2 from EB3 at my new Employer B?

You answered to me Yes as below link

Also, you said No to someone who asked the same question previously with the below link

Many are really confused, Would appreciate your answer to this

 

[Rose8]

Does a dual citizen of the U.S. need to be present for a certain time in the U.S. for processing green card visas for adult children when dates become current?

Dear Mr. Rajiv,
I am a US citizen with dual citizenship. I petitioned my 3 married children for green card in 2010. Currently, I temporarily moved to my native born country, which is Phillipines.

1) Once the dates become current in the visa bulletin & once the 3 greencard visas become available for my married children, do i need to be physically present in the US for certain period of time to initiate processing of these visas?

2) can I just simply fly back to the US (say, after about 10yrs) as soon as these greencard visas become available for my married children so as to be able to start completing the additional requirements?

3) Do i really need to be in the US, or can I remain in my Asian country (Phillipines) when dates become current in the visa bulletin for my 3 children' greencard petitions?

Many thanks
Rose

 

[dhanmalya2000]

Issue with inconsistent reference to ed. institute: University referenced in Academic Equivalency Evaluation and just the college within university referenced in PERM

Hi Respected Rajiv Sir,

I completed my MCA from a reputed engineering college and the college is affiliated to reputed university in India. In the 'Academic Equivalency Evaluation' (for H1B and GC) document , it is mentioned as 'Education Equivalent in the United States: MASTER OF SCEIENCE DEGREE IN COMPUTER SCIENCE' and institution name is mentioned as my university name.

While applying the GC PERM/ETA-8049, in the education section, the institute name is mentioned My college name, not university name.

PERM and I-140 is approved(EB2).
Now applied for EB2 to EB3 downgrade with 485 concurrency. I-140 downgrade is still pending.

Since the institute name is different in ETA-8049 and 'Academic Equivalency Evaluation', does this cause any problem.
In my professional certificates, the university name is mentioned.
does this cause any problem?

Thanks
Rangan