Final List of Questions for May 09, 2024 Conference Call

[DEEPAMENON]

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration-related questions. Even if you are not a forum member, you can call in and ask questions or listen to the discussion live. Questions marked as FAQs will be addressed first, and these FAQs 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: YouTube channel
Note: We answer posted questions and follow-ups first.
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Call Details:
Call Date: May 09, 2024
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

 

[KM29]

EAD delayed: Employer options for continued employment

If EAD approval is delayed and the employment is no more valid unless the EAD is received by USCIS, then the employer has to terminate the employee? Or can send the employee on leave without pay temporarily until the EAD is received? Or both can be done and it is up to the company on how do they want to handle the case?

 

[BrindhaA]

Impact of PERM denial & long H-1B extension on future H-1B/GC

My 7th-year H-1B extension was approved till 23-Jan-2024, but my PERM was denied at the end of Dec 2023 (I got this update from my employer weeks later)

I discussed this with my employer, and they told me to file an 8th-year H1B extension before 23-Jan-2024, which will take 4 to 6 months to process, In between will file the new PERM for me (mostly filled before Jun 2024)

But now my 8th year H1B extension has been approved from 10-Jan-2024 to 09-Apr-2027, what do I need to do in this case?

Additional Question:
1. From 23-Jan-2024 to till now I have valid H1B status?
2. Are there any issues in the feature H1-B extension or GC Process?
3. Still I am eligible for PERM Filing.
4. If I leave the USA after filling new PERM and after I140 approval shall I come back to the USA?

Please advise sir, Thank you

 

[varunkumar53]

Jobless on B-2 visa: Can I extend for continued U.S. job search?

Hello Rajiv Sir,

I got laid off on September 28th 2023. During the 60 day grace period, I applied for a B2 Visa in November 2023. Within 3 months, my B2 also got approved in February 2024. The validity of the B2 Visa is till May 27 2024.

1. Even After 5 Months in B2 Visa, not able to find a job. Can I apply for one more B2 Extension for my job search? Apart from B2, what are my other options?
2. If I can apply for one more extension, how many days before the current B2 expiration should I apply for another B2 extension?
3. My H1B is valid till May 2025. If I decide to go back to India, Can I come back to the US? If I find a company which can sponsor my H-1B?
4. I have an I-140 approved. If I decide to go to India and come back after a few years, like 2-3 years. Is it possible to come back in H-1B given that my current H-1B will expire in May 2025?

Thanks in advance.

 

[sharmila809]

F-1 OPT to H-1B transfer: Can I change jobs before October start?

Hello Rajiv Sir,

I am currently on F1 Stem Opt , and am employed at Company A, which filed an electronic registration for an H1B visa in this year lottery. My registration was selected in the H1B lottery with Company A, but my employment with them is going to end in May. I have another job offer from Company B. I am wondering if I file a premium processing for my H1b from company A, and if it gets approved by end of May, is it possible to transfer that H1B to Company B before October 2024, which would be the official start date for H1B? Are there any risks associated with this?

Please advise sir, Thank you.

 

[KM29]

L-1A maxing out soon (August 2025): H-1B with March 2025 lottery & approved I-140

Hi,

L1A stay in US is completing 6 years in August'2025.
i140 is already approved. if H1B is picked up in MARCH'2025 and filed for petition before 6 years of L1A stay completion - can the candidate get H1B approval based on i140 ?

 

[qrazaaq]

Cap-exempt H-1B & L-1B for spouse: Risks and benefits for pending EB-1B

I got married after my EB1B I140 (PD = June 2022; Indian) was approved and I had already filed for I-485. Currently employed in the tech R&D sector related to my field of specialization. Now looking for ways to live together with my family in USA without relying on uncertainty of PD to become current or getting lucking in H1B lottery (have tried 4 times already). My spouse is a doctor currently living in India and was hoping to come for residency in USA on J visa (2026) which also requires observership trainings in USA prior to her residency match in Sep 2025. However her B1B2 visa application was not approved earlier this year even with a 1 month externship offer letter from a clinic in another state (saying you applied in wrong category). I was told I cannot apply back for O1 visa since there is a risk that I may not be allowed entry with pending I-485. Hence, I do not have any underlying visa status at the moment.

After exhaustive research, I think my options are limited and require your suggestions if there is something that might work better for my situation:

1. Cap exempt H1B (H4 for spouse): at a non-profit research institution also related to my field of specialization (SoC Code and job duties can stay same but salary will be significantly less). I want to know if I can have concurrent h1bs with a cap subject employer simultaneously (maybe with my current employer if they agree) . eg: 5 hours at cap exempt (remote part time) + 40 hours at cap subject (in person full time), are there any risks to this concurrent approach to my cap-exempt H1B or pending I-485? Should filing for EB1A de-risk my GC process?

2. L1B (L2 for spouse): requires current employer and manager to approve and support, unsure if I-485 can be maintained during one year outside USA, spouse needs a B visa to enter USA for observerships, also risky if layoffs were to occur

3. Non Immigrant Visas for Spouse: Obtain a temporary (without residency waiver) research or study based J visa or F visa, or maybe try again on a B1 or B2 visa, however this does not solve issues if PD does not become current before the non immigrant visas expire to be able to file for I-485.

 

[immigquestt]

Dismissed domestic violence charge (2021): Impact on visa stamping?

Hi Rajiv ji, good evening. I had a domestic violence charge in 2021 that got dismissed in pre-trial.

Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.

And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.

I would like to ask you a few questions about this Rajiv ji.

1) I've read on forums that a dismissed domestic violence case can impact visa stamping. Could you advise me on what to expect during the stamping process in light of this case?

2) Can yoy share the approximate time that it would take for stamping process for people with this situation?

3) Is it enough if I carry just the certified disposition document with the court stamp and seal (and not produce the police report)?

4) Will the certified disposition with court stamp and seal be sufficient, or do I also need to bring the police report for visa stamping?

Thanks a lot Rajiv ji.

 

[abc.xyz]

Expiring passport (One year left): Visa stamping duration based on I-797 (Three years)?

Hello Rajiv, [a.] My passport is expiring in a year. But my I-797 is valid for 3 years. If I go for stamping will I get the visa for 3 years or just till the passport expiry date? [b.] Also, I had my visa stamping done a year ago but my spouse's stamping was done more than 5 years ago. If we go for stamping will it be in-person or drop box for both of us? Can you plz tell me the possible options and scenarios for both of us to go to stamping in-person? Thnx a bunch.

 

[umer_khan_96]

Maintaining status after OPT: Day 1 CPT with pending green card application

Hello Rajiv,

My company applied for my GC while I am on my OPT/STEM OPT. Im not India or China born/citizen.

I485 was filed on October 2023- Its been more than 6 months now. Last date of STEM OPT is June 15th, 2024.
PD is Current as of April, 2024 Bulletin.
I485 work authorization is also approved (EAD). - So I can continue working after my STEM OPT expires.

My Question:
Is it ok to enroll in Day 1 CPT while I-485 is pending? Will this have any negative impact on the pending application?
My concern is if the I485 gets denied for any reason after STEP OPT expires, I will have no status.

Thank you so much for all your work and support!

 

[mythili]

H-4 priority date backlog (Dec 2015): Options for disabled a child nearing age out

can you please provide if there are any updates on H4 children aging out and priority date still not current.
Our son is 17 years old, British born and British citizen but we parents are India born. He has learning disabilities and cannot do higher college studies to apply for H1 of his own once he ages out.
What options he might have? He has been in USA for more than 10 years and our priority date is December 2015.

Thank you for all you do.

 

[ashish11]

EB-2 NIW vs. approved I-140 (EB-2): Benefits of National Interest Waiver

Two general questions,
1. what are the benefits to file EB2 NIW for a person who's I140 is already approved with an employer with same category apart from NIW not depending on your employer. Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew H1B visa stamp before the expiration? For example, If my H1B is expiring in November 1st and go for visa stamp in October with approved extension I797, Would I be able to renew it?

Thank you so much.

 

[YoursTruthfully]

Detained at entry: Wife's F-1 violation & husband facing consequences

Hello Rajiv Sir,

Asking for a friend, this is his situation:
My friend was working on H1B for last 6 year in USA and he came to USA about 10 years back on F1. He recently got married, His wife came to US on B1/B2 7 years ago and then transferred to F1. After wedding, she was moved to H4. They both went to India and got their visa, while coming back on port of entry they were detained on the airport and asked for their phones. My friend was notified that they found some evidence on his wife's phone which indicates that she violated her F1 status, they did not reveal what they have found and they gave him two options:
Face deportation with ban Or Sign some papers with deportation, no ban.
He signed the papers(Not sure what was written in them) and came back to India. In this situation what are their options? Did he select the right option by signing papers or he should have asked for a lawyer? Is it okay to punish the husband if wife made some mistakes?

Thank you so much in advance.