Recording of September 16, 2021 Conference Call with Rajiv S. Khanna

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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: 30 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.
 
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Extensive delays with H-4 & H-4 EAD; Tried Congressman; Any other options?

Hello.
My question is regarding the extensive delays with H4 & H4-EAD processing. I filed for an expedite request with USCIS and they denied it. I have also approached my House of Representative's office in case they could help me expedite my request and yet those efforts are in vain.
There are news popping up about USCIS kick starting premium processing for H4 & H4-EAD visas. Is there any truth to it? Is there any additional ways/ventures applicants can explore to get the applications expedited?
 
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Overstayed for more than a year; If I remain outside for more than ten years can I come back on a visitor visa?

Hi there,
I was overstaying for more than a year in the US and left the country voluntarily. I believed I am the subject of 10 year ban to re-enter the US.

As soon as I live outside the US for more than 10 years, I'm planning to apply for US visitor visa. My understanding, visitor visa is non-immigrant visa therefore we have to show that we do not have intention to be an immigrant.

That said, my question: does the fact that I was overstaying in the past can be construe as my intention to be an immigrant and therefore, will lead to a denial of my visitor visa application?
 
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Change in previously approved employer to new employer (same parent co.) and Form I-129; discrepancies in forms; impact on spouse EAD

Hi Sir,

Thank you for your time and great service. This is priceless for people like us.

I have a situation that I would like to explain and then ask few questions. My apologies for the lengthy message here. Thank you very much.

**My Situation:**
I worked for an entity A within my parent company XYZ. Entity A has an EIN. I moved to a new team that falls under entity B under the same parent company XYZ. Entity B has a different EIN. But when my amendment was filed during my move from entity A to B they used my employer and EIN# of entity A. My I-797 had entity A but my payslips has entity B. I worked for about 4 months with my payslips having entity B while my I-797 had entity A.

When we noticed this they filed another petition to change the employer to entity B. The LCA for new petition has entity name and EIN# of entity B. But in the I-129 form they used the classification as "Continuation of previously approved employment without change with the same employer" My petition is approved now and the courtesy copy of I-797 says entity B as employer name.

Note:
i) Entity A and B come under the same parent company XYZ.
ii) Entity A and B have different EIN numbers.

I have some questions around this sir:
a)

Because I worked for around 4 months with my I-797 as entity A and my payslips as entity B - is this Violation of Status? Will I have any issues due to this? Should I explain this in my future immigration applications?

b)
Regarding the Basis for Classification they have chosen "Continuation of previously approved employment without change with the same employer". I thought it should have been "Change of employer". Is this an issue?

c)
Also, I have my approved I-140 from entity A. If my date becomes current in the coming months while I work for entity B - what options do I have to file my I-485 sir?

d)
Finally, I never filed EAD for my spouse. My spouse has H4 that was issued when I worked for entity A and still has validity. If I want to apply EAD for my spouse now, can we still apply using H4 from entity A while I work for entity B. Or should I apply for H4 again from entity B and then apply EAD?

Thank you so very much for this great help and service.
 
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Fastest way to get green card for H-1B visa holders (husband and wife ) with approved I-140 in EB-2 category and effect of job change

Current situation: Wife and husband both on H1B visa and both as approved i-140 in EB2 category.

Wife Priority Date : 11/11/2013 ( EB2) ,Downgraded from EB2 to EB3 and applied for GC/EAD in OCT 2020(Wife-Primary , husband-Derivative) , Husband(derivative) received Biometrics appt letter and submitted his fingerprints recently to USCIS while wife(Primary) is still awaiting for her Biometrics appt letters.

In the mean time , Husband received an offer from his previous employer , husband's priority date is Dec 2010 in EB2 ( FInal action and date of filling both have become CURRENT in EB2 category) .

Questions:
1. if husband accepts the offer from his previous company and joins that company and file NEW GC and /or EAD application based on his own approved I140 how is it going to affect processing time ( given he has an application under processing already as a derivative under wife's Primary application )
2) Do you suggest to wait for the current application which is in process ( please consider wife's application status (no BIO appt received yet plus also have I140 EB2 to EB3 downgrade application too for Wife's primary application )
3) if Husband withdraws the current application as a derivative , if it is possible to add him as a derivative applicant later to Wife's primary application ?

we are looking for fastest/assured way to get GC for both of us
a) Wife's application being primary and husband as a derivative ( currently in process)
b) husband submits his own GC/EAD application and add Wife as a derivative ( now or later )

what do you recommend our best course of action should be here ?
 
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FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once

Hello,
What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?
 
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FAQ: Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection.

Hello Sir,
My spouse has her green card from 2014 and she has been travelling regularly to India to take care of her ailing Father.
She had been coming back to USA within Less than 6 months and staying in the US for a few months
and travelling back again. This has has been going on for the past 6 years. In between she got a reentry permit for 2 years which has expired.
recently she travelled back to the US after 8 months and had a tough time with the immigration officer who questioned regarding the
extended stay in india and finally she was allowed in with the regular stamp in the passport. No comments/special notes were made in the passport.She has now applied for a new re entry permit and waiting for its approval.

she co owns the house and a partner in the LLC and has been filing US resident taxes and I have
been working and staying in the US during the entire period .

1) Based on the above details is it safe for her to travel once her re entry permit is approved?
2) Should she wait for a specific period of time before she can travel ?
3) Would carrying a copy of the House title,LLC partnership details and copy of the Tax filing help
in case she is questioned at the Port of entry.
Thank you.
 
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OPT denied twice, even with genuine medical reasons; approached Congressman, response pending; in interim is motion to appeal a good option

Hello Sir!
I graduated in December 2020 and I applied for Initial OPT after that. But it got denied in May 2020. The reason was that I submitted my application after 30 days of i20 recommendation. The reason which caused ny delay was that I was admitted in the hospital for extended period of time, including the time when I was supposed to submit my application. Also, that hospital has COVID restrictions so I could'nt meet anyone and couldn't go out to submit my application. But USCIS had COVID extensions until May 31st so I applied again and this time with supporting documents from my doctor, dso and my cover letter explaining my delay. But on August 27th I found out that they denied again. The reason being same as for 1st Application. Based on the denial notice it looks like that the officer didn't even look at my supporting documents and considered my application as 1st time application and thus denied. So now I am approaching congressman to see if they can reach out to USCIS on my behalf, to approve my application, considering my genuine medical documents and situations which were out of my control. But I don't know how long the Congressman will take to respond, or if they can do anything about it. So I am thinking to file MTR, while I wait for the response from the Congressman. I know tje MTR will most likely not work, but this is only to buy some time, while I wait. What do you think of this idea? Or if you have any other suggestions for me, then please suggest. Thank you!
 
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FAQ: Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

Dear Sir.
I have applied for EB3 downgrade last October, received the EAD cards, I-140 is still pending. What would be the process for me to change employers at this time? Does the new employer need to start the GC process all over again? As the 180 days have passed since the I-485, what would be the process to use AC21 when I-140 is still pending for same or similar occupation?

Thank you for your help
 
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CSPA protection for 21 year old son and pending green card cases

Hello Sir,
My son turned 21 on the same month when the final action date became current. So will he will covered under CSPA? My son is in the final year of his STEM degree and using the EAD card for his study as his H4 has aged out. Now if I want to change employers, when the downgrade I-140 is still pending will that impact my son's future EAD petitions? Thank you.
 
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H-4 EAD and I-765 employment extension delays; issue with crossing borders to extend I-94

Hello Rajiv Sir,
I have question about H4-EAD , I-765 employment extension delays. We applied for H4-EAD work permit(c(26)) extension in Jun 2021 and the EAD will expire in Dec 2021. Considering delays in processing , I am afraid we will not get the approval in time. What are our options ?
I cant raise service request or contact ombudsman office as you mentioned in your recent article.
Also , why the processing time for c(26) is high comparing to other I-765 applications. Isn't it discrimination towards one particular category ? ours is nebraska service center . Other categories are well within the timeframe but c(26) is almost 1 year.

Another question is about Extending I-94.We went to san Diego to extend I-94. We crossed into Mexico and came back to usa ,officer refused to extend I-94 . it was from otey mesa border. officer allowed us to enter. this entry is properly marked in I-94.
Same day , We went to san ysirdio border , talked to officer before crossing into Mexico . they were helpful asked us questions . Also asked why previous officer didn't extend our I-94 . I replied and they were convinced . Our I-94 extended and also updated on the website.
I-94 records are updated properly.
Can we get into trouble in future for crossing the border in short time same day ?

ProcessingTime_nebraskaserviceCenter.png
 
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Changing status due to job opportunity while in U.S. on B2?; Name change procedure when filing for R-1 Visa

Hi Rajiv,

I am a Canadian citizen and I entered the US on a B2 admission(without a visa stamp) in February 2021. I stayed in the U.S six months on B2 and went back to Canada and reentered soon after in August 2021. Second time, I was given only three months to stay and was asked to show my return air ticket. Now, I have got a job opportunity and need to change my status. Am I allowed to do this within the US(without leaving)?

My name changed to a religious name due to higher ordination. But my passport still contains my birth certificate name. When filing my R1 visa petition, which name should I use?

Thank you very much!
 
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Moving to a different company while I-140 and EAD is approved but I-485 is pending

Hello Rajiv Sir,

Your bi-weekly conference call is very helpful and informative. Thank you!!

I have a question regarding pending I-485 application. My current employer (Company A) has my H1B approved until March 2022. My previous employer (Company B) applied for my EB2-EB3 downgrade. I have I-140 approved and EAD just got approved. I-485 is pending.

1) Can I join Company B once the I-485/GC is approved? Will there be any issue with my pending I-485?
2) If the answer to above question is NO. Can I join Company B after 3-4 months of EAD approval? I have a critical project at Company A which will be completed in December.


Any guidance is appreciated. Thank you in advance.
 
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