Recording for March 28, 2024 Conference Call with Rajiv S. Khanna

[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 are welcome to call in and ask questions or listen to the discussion live. Questions marked as FAQ 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:
Next Call Date: April 11, 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

 

[Naren K]

FAQ: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders

Background Context
Applied for I131, ReEntry Permit for my parents, who hold GC
Receipt Notice: 12/27/2022
Biometrics: Jan 2023
Left US: March 1, 2023
Approval Notice received: 03/07/2024 with validity from 02/29/2024 to 02/27/2026

Question

1. While the intention is to be back in the US as soon as possible, can parents stay outside US till 02/27/2026 or do they need to be back before Feb 25, 2025 (as it would be two years by then since they left)?​
2. Can the re-entry permit be used for multiple entries, or is it just for one-time use?​

 

[dhananjaysingh]

FAQ: Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment

Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?

 

[shaikh14]

H-1B Visa Renewal and Travel Logistics

I have a valid H1B Visa Until June 2024 Stamped in the passport. My Questions are.
1) After renewal of H1B by the employer, would i need to travel India for stamping Visa in the passport or else can I go to the US Consulate in Canada.
2) Are there any travel restrictions during the submission of H1B renewal.
3) Can make travel plans to India and back to USA before the visa is valid.

 

[mvgrglug]

H-1B Transfer After Project Delay & First-Time Travel (Tourist visa to US entry)

Hello Rajiv,

Context:
I have secured my H1B Visa recently for the first time and currently in India.

1. Can I transfer my H1B status to a new employer if my current employer is unsure about project assignments or timelines, and I receive a better opportunity, meanwhile? Would there be any issues during H1B renewal considering I may not work for my current employer for at least a month? What is the process for the same?

2. Can I travel to Europe for a 15-day vacation on a tourist visa (first time), then directly proceed to the US from Europe, after vacation ends, on an H1B visa, and clear the Port of Entry? Will it raise any issues?

Thank you very much for your time and assistance. Wishing you a wonderful day ahead.

 

[priyakhokher]

H-1B Visa Holder Seeking to Work Remotely on Non-Related Projects: Legal Considerations

I've an H1-B working as a research scientist for a tech company here in US. Can I work remotely with a Dutch company on an art project that has nothing to do with my current H1-B job and get paid? Thank you in advance!
An extension of the first question -
I've an H1-B working as a research scientist for a tech company here in US. Can I work partner with an Indian company
(I'm a citizen of India) on my social media (Instagram) on an art project and get paid? Thank you in advance!

 

[Sanij]

EB-3 PERM & Nurse Spouse Green Card: Filing Strategies for Nepali Couple (H-1B and Processing Times)

Hi Rajiv sir. Most certainly you have answered questions like this. I am sorry I couldn't not find a proper answer without combing through your archive history. Can you please re-answer these?

1). My company agreed to file PERM for me, most like EB3. My wife will start working as nurse and we are hoping her hospital agrees to file GreenCard for her too. ARE THERE ANY/WHAT ARE THE consequences to filing separately? What are things we should be cautious about? When would we decide to pause one process and both ride with the other.
2). We are Nepali citizen. Based on historical data and present-day timeline, how long do you say EB3 takes from beginning of PERM to getting GreenCard?
3). We see professionals like nurses get the GreenCard much sooner than others. How? What is the difference there between them and lets say a H1B working on IT (EB3 route)- both from same country of origin?

As always, Thank you sir.

 

[nupurshah]

COS F-1 OPT to H-4: Discrepancy in Salary on I-539 (Unpaid Work & Volunteering Concerns)

Dear Rajiv Sir,
I hope this message finds you well.

I wanted to inform you that I have recently applied for my Change of Status (COS) from F1 OPT to H4. During my time on Post-Completion OPT, I had the opportunity to work with two different employers. With the first employer, I completed a two-month stint. Although they initially offered a salary of $60,000, unfortunately, they did not fulfill this commitment citing dissatisfaction with my work performance and quality. It's worth noting that, inadvertently, I mentioned this salary in my COS form (i539) as per my offer letter and it was my honest mistake, but my employment verification letter clearly states that it was an unpaid position for those two months. To maintain my legal status, I continued to work without pay until I secured employment with the second employer.

I am concerned about whether this discrepancy in i539 and employment verification letter might be perceived as fraudulent by USCIS? With my second employer, I was working voluntarily.

On a separate note, my Post-Completion OPT was unpaid and voluntarily, more than 20 hours per week, and the nature of my work was directly related to my field of study. I did not violate any rules or unemployment days.

Thank you for your attention to this matter.

 

[Adityanaik]

EAD Received During Pending I-485 (F-1 Status & Maintaining Until Green Card?)

Hello Rajiv Sir,

"Thank you for your help so far, Sir. I have a couple of questions:
1. I recently received my Employment Authorization Document (EAD) while my I-485 is pending. Currently, I'm maintaining my F1 Visa, which expires in July 2024. Would it be wise to continue maintaining my F-1 status until I receive my conditional green card? (I didn’t inform my university yet about my new EAD through C09 category)
2. Following your advice, I'm considering entering the H1-B visa lottery. If my application is selected and I proceed with filing a petition for the H1-B, would it complicate my I-485 filing process? Or should I simply wait for my green card to be approved?"

 

[fnufnu]

Leaving Kids in Car (Massachusetts): Misdemeanor Charge & DCF Involvement (Green Card Holder)

Question related to impact of misdemeanor child endangerment case for leaving kids in car , while shopping in Walmart
State - Massachusetts
Situation details - 3y 11m years old son sleeping and 8 year daughter using phone to watch YouTube videos. Sat daytime around 2pm. Someone called the cops and cop waited for us for 20 mins before they announced for us in store. Later they found it was about 45 mins since we had left kids attendanded. Car engine was on, and door didn't lock as it was running state (we locked from fob key but didn't work)

Police officer didn't give any report at the time of incident and said he has informed dcpf and we will be charged with misdemeanor child endangerment criminal case , count 2 as 2 kids involved. We will get summon in mail. And cpf may visit us

We are planning to hire criminal attorney once we get court order. I did read online that it's not illegal to leave kids in car. We are scared what could happen, more concerned about child separation possibilities (even if it's small chance ). Less concerned but worried about immigration point of view as well, we have green card at this point

I will appreciate if you can share your thoughts on this. It will also be good topic to talk about for community to be made aware of how important this stuff is. We made a mistake and now regretting it out of our negligence

 

[waiting.on.gc]

Travel With Pending I-485 (More Than 80 Days), Advance Parole & Unpaid Leave (EB-2 Category)

Hi Rajiv Sir. I have I-485 pending for more than180 days and PD 2014 in the EB-2 category. My EAD is valid for the next 2 years.
1) Can I travel outside the country and re-enter the US on advance parole if I am on unpaid leave with my employer for 3 months?
2) Also, my advance parole is still pending since 2022. Is there any way to expedite it so that I can travel?
3) In the scenario that I have to travel outside the US without advance parole, can I apply for B1/B2 tourist visa to travel back to the US? I understand I will forfeit my green card application in this scenario. Thank you for your help.

 

[soha]

Mother's B-2 Visa Extension & Re-Entry After 14 Months (Green Card Pending)

Hello Rajiv sir,
I'm working in the U.S. and my green card is pending. My mother visited me in the U.S. on B-2 tourist visa. We applied for two extensions which were approved and she stayed a total of 14 months. Now I want to invite my mother to visit me again. After how long is it advisable for her to visit me in the U.S. again? Should she anticipate any issues at the airport with CBP if she travels to the U.S. after one year?
Many thanks.