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March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

4 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video


Discussion Topics, Thursday, 04 March 2021:

 

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job? 


Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status  || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3  || Documents required for parents GC  || Spouses changing from EB-2 to EB-3 with a new law firm and service center  || Maintaining status  || Impact of H-4 EAD expiring on spouses  || Time estimate for pending asylum review  || Impact of moving to a new office branch with AOS pending  || Parent on I-140: Impact on 19-year-old son and CSPA  ||  Green Card through Brother or Sister

DUI and I-485 approval

3 years ago By Chief Editor
Question details

I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.

I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
 

FAQ Transcript

Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.

Answer 2. I think having an H-1B is a very good idea.

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Laid off before getting Green Card, I-485 pending! How to renew Green Card?

3 years ago By Chief Editor
Question details

I have a situation of my relative - person has the employment based green card received on Mar 12, 2012, Received EAD in 2007. However lost the job(job termination) (Nov 2, 2011) 4 months before to receive the Green Card. At the time when GC was approved (March 12,2012) person was not having the job, and there after person couldn't gone to job. Could you let us know what to do for GC renewal and for citizenship.

FAQ Transcript

In my opinion it is fine because there was nothing wrong with your intention to continue working and if your I-485 has been pending 180 days I think you are very well protected.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Cap-exempt to cap-subject H-1

3 years ago By Chief Editor 2 comments
Question details

Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.

1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again? 
6. Can I start working with new employer while continuing my current employment?
 

FAQ Transcript

1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.

2. No.

3. Do not have the employer file an H-1B unless there is a specific project. 

4.  Yes that is still accurate.

5. The answer is yes, because you are carrying your priority date forward. 

6.  If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B. 

 

 

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Guestbook Entry for J.E. Dodla, United States

19 years ago By Chief Editor
Name
J.E. Dodla
Country
United States
State
Pennsylvania
Comment

I have had a wonderful experience working with Rajiv and his team. I want to thank Anna Baker esp. for all her work.

If you are seeking for a some one to represent you I recommend Rajiv's firm with great enthusiasm.

Thanks Rajiv for being so kind and answering all my queries.
Best wishes and God's blessings on your firm.
J.E. Dodla

Law Offices of Rajiv S. Khanna, PC
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