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: 16 September 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.
Most common reasons for denial of employment based I-485 after 180 days following I-140 approval
Hi Rajiv,
In your opinion and years of practice what are the most common reasons for denial of employment based I-485 after I-140 is approved and more than 180 days have passed.
Reason being it looks like a long wait for Indian Nationals who filed I-485 in Oct/Nov 2020 and might have to move for better job opportunities based on EAD using AC21.
F-1 students who opted for the Day 1 CPT program, marrying a green card holder; travel consequences
Hello Rajiv,
I hope you are doing well.
I am a student on F-1 visa in the US. I am looking for some advice on my visa situation. Here is a brief explanation:
I was on STEM OPT which is about to expire in September 2021. I opted for a Day 1 CPT program. Will that cause a problem if I travel to India in December?
I am also planning to get married to a Green Card holder. What is the waiting time for that? Would I be under scrutiny just because of my Day 1 CPT program?
Filial responsibility for parent's health care bills in the U.S.
Hello,
Any negative consequences of not settling parents medical ER bills while on employment based AOS? Parents visited on visitor visa and fell sick. The bill is huge and we are unable to pay
EB-2 to EB-3 India downgrading, concurrent filing of I-140 and I-485; options if RFE received and employer does not respond
I applied for the I-485 + I-140 EB3 downgrade petition on Oct 2020 and my PD is March 2013 which is current. I am planning to apply for I-140 on PP but my employer is saying that if we receive the complicated RFE he will not be responding and the entire I-485 petition will go void or pull the application.
Q1:Can we pull the Original I-485 + I-140 downgrade petition and apply the fresh I-140 EB3 downgrade as standalone application ,get the I-140
approved and then apply fresh new I-485 EB3 package?
Q2: Pros and Cons of the Pulling the Original I-485 downgrade and apply fresh I-485 EB3 Petition.
Q3: Why do we need to maintain the GC-PWD wages once you get the GC-EAD to GC stage. If we take 2 months break then W2 wages will be less than GC-PWD.
Q4: If we invoke AC-21, once you receive the GC-EAD I know we can change employer but how the GC-PWD wages work .
Can we get paid less than the GC-PWD with the new employer
Q5: If we work for two employer on the GC-EAD, how to get the 485J ? how to differentiate between primary and secondary employer?
Dear Rajiv Ji, I filed two I-485s in October 2020 one based on my husband’s EB1 petition as a dependent and the second one, EB2 as primary based on my employment through my employer. I did this because neither of us were sure about keeping our jobs due the COVID crisis. Recently, my husband and I got our green cards through his petition. Now, my petition is still pending and I got my EAD cards (through my EB2 employment based petition) along with my Green Card at the same time. Is it wise to send a letter to withdraw or just wait it out for USCIS to deny my 2nd EB2 I-485? I don’t want to create more confusion and cause problems for my immigration. Thanks in advance!
Employment opportunities in the U.S. for a UK Citizen working for the NHS
Dear Rajiv -I would like some advice on how the best way it would be for me to move to USA - I am 52 - UK citizen-recently widowed -own my own home -have family and 2 sons that are independent and live and work in UK. I work for the NHS and have worked in the medical field in Dubai as well (administration). Thank you
HB
Hello Sir,
I did my PhD in the USA (2018) and am currently working as a postdoctoral research scientist in a reputed US university. My STEM-OPT is going to expire in January and my university offered to apply for the J1 visa. My F1 visa has also expired as I was unable to travel to India last year to renew it.
I have the following questions:
1) Can I transfer from F1-OPT to J1 visa?
Have you heard of transfer from F1 to J1 and is it advisable?
2) Can I apply for change of status to J1 while residing in US? I heard it takes approximately 6 months to do that. What would be the consequence of being out of status and will the application be void?
3) If I travel back to India to change my status to J1, would you have an idea of the current visa processing time for J1 visas in India?
In my situation, is it better to take a risk to get J1 visa within US (change of status application) or from India?
Any advice is appreciated. Thank you!
Hello Sir
Our EB 5 petition got approved in Jan 2021 and we could file for AOS in May 2021. (Daughter who was on F-1, came to the US in Jan 2021 so waited 90 days before we could file.) USCIS has our I 485 and travel and work authorisation applications since May 2021. Then on 30th June , as you may be aware, the regional centre authorisations lapsed.
Question is
1. How will I know if USCIS is still working on my travel/work authorisations? Is there a way for me to find out?
2. If an individual has applied for AOS when on F-1 , can he/she stay in the US after graduating but no job offer? Originally we were hoping the work authorisations would come before my daughter graduates but now it seems bleak.
Thanks and regards
Pending I-485 with current PD: Options following multiple service requests and no response from Ombudsman
Hi Rajivji,
I have submitted I-485 (AOS) during Dec 2018 - converted from Eb2 to EB3 - I-140 approved in EB3. My PD is current since 1 year (PD: Dec 2009). I have raised multiple SR and contacted Ombudsman. I did not hear back from Ombudsman (it has been 2 months). I am planning to apply one more I-485 AOS in Eb2. Is that advisable to do so , when one is already pending? If I get an RFE to choose one, I would with draw EB3, does that lead to approval I-485 in EB2? Or there is a chance the EB2 will be kept in a queue and I will be asked to wait for another 60 months in EB2? Please advice me on my situation. I did not try to contact senator - as I already approached Ombudsman.
Visa options for a part time sponsored job as psychometrist in the U.S.
Hi Rajiv,
Thanks so much for taking the time to answer our questions. It is great to see that you put your time and resources to help those in need. My situation and question are as follows:
I am an Indian and was trained as a lawyer in India before I transitioned into forensic psychology. I went to NYU and John Jay College of Criminal Justice (in New York) to get Master’s in Forensic Psychology and moved to California post-graduation. I completed my OPT and am currently on 60-day grace period (until September end). I have a job offer from a professor who has been with UCLA for 30+ years and he is willing to sponsor my visa. The position is part time and, in the professor’s private firm to work as a psychometrist (to administer psychological tests). I want to make this work and wanted to know what visa I can apply for. I also want to mention the professor/ employer has employed immigrants before and my field is practically non-existent in India. Can you suggest what visa I can apply for?
Thank you once again!!
Hi Rajiv
My PERM application submitted on 25-Jun-2021 as part of EB2 GC process. Waiting for decision. My maximum physical stay (MPS) period on current H1B visa is expiring on 30-Oct-2021. This is the same date of my I-94. Is there any cutoff date for leaving the US (for example one month before the MPS date) so that I can use H1B cap exemption to return to US after my I-140 is approved? If I leave the US on the last legal stay date (30-Oct-2021) will I still be able to come back to US after my I-140 is approved?
What are the steps involved to come back to US after I-140 approval and approximate timeline?
EB-2 to EB-3 downgrade, job change and filing I-485 concurrently
Hi Rajiv,
I downgarded my EB2 to EB3 and applied for I485 concurremtly in Oct 2020. Then I changed my job at 3.5 months mark. The I40 and 485 both are pending state for more than 10 months now(prev employer did not do anything to I140). I took up a simlair job and like to invoke AC21 portabillity.
My questions are:
1) Am I at any risk for AC21 eligiblity by changing job at 3.5 month mark?
2) Will I be still eligible for AC21, even if prev employer withdraw the 140 anytime in future(given it was concurrent and 485 is pending more than 180 days now)
3) Should I wait for downgrade I140 approval before filing my 485j or do it ASAP with 140 still pending: what are the some pros/cons of both option given the current situation of 485 approval rush from USCIS side.
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