Recording of September 01, 2022 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 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: September 15, 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

 

[kskindiaUS]

Changing job before 180 days of getting I-140: How will I know if my previous employer has revoked my I-140 petition?

Hi Rajiv,

Thanks for hosting these calls and helping people. My previous employer filed my I-140 but I had to leave the company before 180 days and join a new employer. How would I know if my previous employer revoked my I-140 petition. USCIS case status shows still approved, does that mean that its not withdrawn or revoked ?

Best Regards,
KK

 

[thezero]

H-1B petition is under process: My spouse's (H-4 dependent) place of birth is wrong in the passport. Will there be a problem during visa stamping?

Dear Rajivji,

I'm from India. My H-1B petition is under process. I have a question related to stamping.

My wife (H-4 dependent) has different place of birth mentioned on her passport compare to her birth certificate. It will take around 12 months to update it. If we go together for visa stamping, can this be a problem? Can they reject visa because of this? Do you think we should go together for stamping?

Or should I go alone for stamping at the beginning, then she apply for H-4 after place of birth is updated in her passport?

Basically, she had no birth registration previously. Now, we have it registered after magistrate order.

Thanks.

 

[Jveer]

Correcting an error caused by USCIS on the green card category E37 and E27

Dear Rajiv, Greetings!!!

Background:
My priority date initial filing in EB2 Nov 2012.
During Oct 2020 I have downgraded to EB3 and filed for 485
During Mar 2022 Interfiled to consider my EB2 approval for adjudication - Its approved in May 2022 and received GC (only Eb2 date is current)
I received Greencard with Category as 'E37' - Which is Eb3 but my wife's (spouse applicant) Category as 'E27' which is EB2's spouse.

My question:
Should I attempt to correct the category with USCIS? I came to know from a friend he submitted i90 along with greencard back. When he tried to followup (10 months waiting) with customer support to he faced challenges from USCIS support people. They are asking why did you return your greencard and no further updates from the support person. Finally he is reaching out to congressman's help.

I would like to know I should go for this correction with i90 or I am good to go with the card? please give me a clarity - Thank in advance for your time on my question.

Regards
Jey

 

[adit4immg]

H-1B cap exempt approval rate for a person who worked for ten years (L-1A plus H-1 visa) in the U.S.

Hello Rajiv ji,
am i considered cap exempt if i worked in us on L+H for 10 years(between 2009 and 2020) and moved out of US 2 years back, and have an I-140 approved by prior employer(not revoked), my PD EB2 is current now (been current since June 2022). If a us employer is willing to hire me can they apply for h1b in cap exempt?

thanks
Adi

 

[visaqs01]

FAQ: What is the meaning of a US “visa canceled without prejudice”?

Hi Rajiv,

I just noticed that in one of expired visas there is a stamp called Canceled without Prejudice. I am not sure when and who stamped it. Looks like it may have been from the port of entry 2 years ago. It was put on my expired visa and the valid visa at the time is fine with no stamp on it.

Can you please advise if this is something I need to be concerned about? Any idea why they would put this?

Appreciate your thoughts.

Thanks.

 

[abc.xyz]

FAQ: I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?

Dear Rajiv,

I changed my job recently and in my new job they have initiated my PERM process and it is in Prevailing Wage stage.

I have an approved I-140 from my previous job.

I'd like to make sure that the attorneys use the Priority Date from my old PERM.

So is it enough if I remind/tell them to use my old PD before they file my new PERM again?

Thank you.

 

[JZ_SE]

Being on H-1B visa can I take unpaid or paid leave for a couple of years to pursue a school program within the U.S.?

Hi Rajiv Sir,

Q1. Being on H-1B visa, is it allowed to go on unpaid or paid leaves of absence for a couple of years to join a school program within U.S?
- If no, then is there any alternative for that?
- If yes, then shall I need F-1 visa for that in addition to having H-1B?

Q2. Can we change job requirements after PWD is filed but not yet approved?

Thank you.

 

[Divyansh]

FAQ: What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Hello Rajiv sir,

Thank you for doing a free Q&A conference call,
I have just landed in USA for my masters, what are my chances to get an H1 B after my OPT. (Considering H1 b applicants are only increasing... And they will be huge when I will want an H1 B i.e. after 5 years from now: 2 yrs masters and 3 yrs OPT)
I will get OPT thats for sure right, its a STEM course so 3 years, right?

Thanks again!

 

[loneWolf]

L-1 to H-1B Change of Status and retaining L-1B status

Hi Rajiv,

Good Day! Thanks for hosting this conference call.

I currently work for a U.S. company on L1B visa. I’ve a different employer filled H1B petition with a change of status earlier in June 2022 (Approval status is still not known).

1# I am in US and if my H1B petition is approved with I-797A, am I still allowed to continue to work for my current employer on L1B?
2# If I am not allowed to work on L1B once H1B is approved, what are my options to retain L1B status?

Thanks

 

[murali529]

No movement on the application at Nebraska Service Center: Should I file I-485J or file a new I-485

Hi Rajiv,

My PD is July 2014.

EB3 downgrade (I-140 amendment)- Oct 2020
PD became current in EB2 - June 2022
Applied for new I-140 in EB2 with Transfer of underlying basis - June 2022

My application is struck in Nebraska Service Center with no movement.
Our company lawyer refuses to file for I-485 J informing that it's against USCIS guidelines.

Given current situation, would you recommend

1. Escalating to file I-485J
2. Filing a new I-485 with money out of the pocket.

Thanks again for doing these calls.

 

[pobox8284]

Effect of divorce on an Employment-Based case and Cross-Chargeability

Hello Rajiv Sir,

I just got my Green Card last week using cross changeability in EB2. I had a divorce 6 months back.

Q> Will it have any issue when I apply for citizenship?

 

[Teja8352]

Can I apply for an H-4 dependent visa for my spouse while my current H-1B is about to expire in a couple of months?

Hello Rajeev sir,

This is in regards to H4 dependent travel for my fiancee. Is there any minimum time requirement in days/months that my H1B visa needs to be valid for dependents to enter US for the first time?

( Just to explain my scenario: We are planning our wedding to be in February 2023. So by the time my fiancee gets his H4 visa approval it will be April 2023. I have my H1B approval till Jun 28 2023 and my I-140 approval won’t be available until Aug 2023. So can my fiancee enter US for the first time with only 2 months of validity? )


Thanks in advance!

 

[DEEPAMENON]

FAQ: H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?

Query from our Community Member:

Namaste Rajiv ji,
For H1B job(on US payroll) when employer needs me to go work from out of US location like our company's office in Canada, does that out of country work location need to be on i129? Company attorney seem to have just neglected despite telling this and I hear from some around that this can put me in trouble?

Other Q. my base work location on i129, LCA is our Detroit office and I live in Windsor(being Canadian PR). Now my manager is fine for me to work from home and cross over to US-Detroit office only when needed. Since my home in Windsor well within 50 miles of our Detroit office (whose MSA wage level is used in LCA), does it still need H1 amendment to include my Windsor home address as work location?

Thanks much for your inspirational service to our immigrant community!