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Recording of Free Community Conference Call (Every Other Thursday), 03 December 2015

9 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics Discussed, Thursday, 3 December 2015:

FAQ: How to calculate dates from visa bulletin; FAQ: What is I-485 Preadjudicate/Preadjudication? How soon must I join my future green card employer? Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers; Naturalization delays; Birth certificate late registration and secondary evidence; H-1 status pregnancy and FMLA;
Other: Conversion from H-1 to H-4 to H-1 visa stamping; Vaccinations requirements for immigration; Is there a charge for I-140 revocation; H-4 EAD issues including travel and visa stamping; F-1 OPT eligibility; Changing employers I-140, I-485, H-1 issues; Changing employers effect on priority date and H-4 EAD; F-1 status – distance of home from college; H-1 quota where earlier approved then came on F-1; H-1 telecommuting; H-1 quota and stay calculation, etc.

Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

9 years ago By Chief Editor

Question details

1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment.<br>

My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process.<br>

2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B.
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What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/H_VV9kV_lOg?t=65

Read more about Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

No loss of priority date if employer revokes I-140; Green card through future employer

9 years ago By Chief Editor

Question details

I have my perm labor and I-140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY I-140. I heard from your last conference call that i will be loosing my priority if I-140 is revoked by employer.I am close to 5th year of H-1. so cant take chances. If I move to FT position in the next 6 months and say my current employer revokes I-140. I will not be able to get extension for H-1 beyond 6 years.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/H_VV9kV_lOg?t=688

Read more about No loss of priority date if employer revokes I-140; Green card through future employer

Recording of Free Community Conference Call (Every Other Thursday), 17 December 2015

9 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics Discussed, Thursday, 17 December 2015:

FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;

Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.

The Proposed I-140 EAD Rule - Continually Updated

9 years ago By Rajiv S. Khanna

This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…

Guestbook Entry for Kiran Kasuganti , United States

16 years ago By Chief Editor

Name

Kiran Kasuganti

Country

United States

State

Maryland

Comment

Thanks to Mr.Rajiv Khanna and Ms.Sheena Gill. I got a most substantive RFE on my I140. INS asked too much information and the time is less. Sheena and my company worked over time and replied to the RFE with perfect documentation with in the time.I was surprised to see the approval time within a week.

The credit goes to Ms. Sheena and my employer.

Guestbook Entry for Ravi , United States

16 years ago By Chief Editor

Name

Ravi

Country

United States

State

Connecticut

Comment

I got an RFE to prove my experience with skills and old employer was not ready to give letter with skills. Sheena, Rajeev and Mathew took care of it so professionally. When I read the RFE reply before sending it; I was amazed at the work put in. Once again thanks to Sheena and all.

Guestbook Entry for Ram Krishnan , United States

16 years ago By Chief Editor

Name

Ram Krishnan

Country

United States

Comment

Thanks to Sheena for working on I-140 RFE that required lot of documents and finally it was approved. Also I would like to thank Mathew, Prerna and Richa for working in my GC process. I hope I-485 will be approved soon.

Guestbook Entry for Bharghava, United States

16 years ago By Chief Editor

Name

Bharghava

Country

United States

State

Comment

I have been working with Rajeev Khanna's Laws office since the beginning of 2005 when i applied my labor. The whole team has been very helpful and very prompt in informing me about the latest status. I have had RFE on labor and 40 and both have been addressed promptly and all the documentation was done without much involvement from me. Even when we had a window to apply for my I -485 within a very short period of time. I personally thank Sheena, Tarun and the whole team for being very helpful. I hope i get my 485 approved soon. I would recommend the team to everyone who is looking for their immigration and other services. Thanks once again.

Difference between I-140 withdrawn and revoked

9 years ago By Chief Editor

Question details

I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.

FAQ Transcript

A revocation means that an I-140 was initially approved and then subsequently canceled. Therefore, a revocation implies there was an initial approval. If a case has never been approved, it cannot be revoked; it can only be withdrawn or denied.

For example, let's consider a scenario: I, as your employer, file your I-140 application, and if USCIS informs us that they are denying the case due to certain problems, this constitutes a denial. This is a clear and understandable situation. However, if I, as your employer, submit a cancellation request before the case is approved, that is referred to as a withdrawal. On the other hand, if the case is already approved, and I decide to inform USCIS that I wish to cancel it, this is categorized as a revocation.

Another circumstance that leads to revocation is when USCIS has initially approved a case but later issues a notice of intent to revoke the approval. Additionally, if they discover any fraud, this is a grave matter that should not be overlooked, as it carries criminal implications and can result in a permanent bar for the employee from entering the US.

In summary, when a case is approved and subsequently canceled, whether by the employer or the government, it is considered a revocation. However, if the case is still pending, the only options are withdrawal or denial.