Questions for November 02, 2023 Conference Call

[DEEPAMENON]

Unfortunately the recording for this call is not available due to technical issues.


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 will be addressed first and these FAQ 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 that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: November 16, 2023
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

 

[somdattaa]

FAQ: Changing from H-1B to F-1 visa: Implications and considerations

Hi Rajiv Sir,

My H1B petition is approved and stamping is pending.
Meanwhile, I intend to apply to Full Time MBA programs in US for Fall-2024. If I receive an admission, I will need F1 Visa to travel.
I have 2 questions:

1. If H1B visa gets stamped, but we does not get an opportunity to travel via work, and meanwhile we get admission in a US School, can we go from an H1B to an F1?

2. Can there be any potential downsides or difficulties in moving from an approved H1B petition or approved H1B visa to an F1 Visa for education?

Thank you for your time.

 

[Anonymous7]

FAQ: H-1B grace period with each new filing, multiple green card filings, and the PERM process recruitment

Hi,

1. On H-1B, we get 60 days grace period only once, or each time we lose job we get a new 60 days grace period?

2. Can multiple employers file my employment-based green card, i.e., my current employer filing for my current job and another employer filing for my future job? If so, which one will be counted if you get both?

3. Can we still do PWD and recruitment in parallel during the perm process?

Thanks,

 

[Eb2or3]

FAQ: Priority date retrogression and employment-based green card filings: I-485 filing, AC21 - changing jobs before 180 days, and intent to hire

Hello Rajivji,

Here are my details:
1) Citizen: Indian with current visa status as H1-B
2) Employer A: I got I-140 approved in the Eb2 category with a priority date of March 28, 2012. Left this employer in August 2017 for a job with Employer B.
3) Employer B: I got I-140 approved in Eb2 category in June 2019. We could not file I485 as my priority date was not current while I was working for Employer B. Left this employer B in Nov 2020 for a job with employer C.
4) Employer C: currently working for Employer C and the employer has put PERM filings on pause due to layoffs in the company.

As per the Oct / Nov visa bulletins my priority date (March 28, 2012) is current under EB2, EB3 charts. My previous employer (Employer B) is willing to file my I485. So my questions are:

1) If Employer B files I485 on my behalf, to satisfy the I485 filing + 180 day (AC21) requirements. Do I have to continue and work for employer C for next 180 days OR can I take up job with Employer D in next 180 days and there will be no impact on I485 filed by Employer B to meet the 180 day period?
2) What happens if Employer B files my I485 on my behalf but in next 12-18 months if employer B decides to change their mind (due to recession or other factors) and no longer intends to hire me after my GC is approved while my I485 is still pending for more than 180 days? Will the company have any liability? Will my GC get denied in such situation?
3) What document or proof does Employer B have to provide to submit along with I485 filing to showcase their intent to hire me after green card is approved? Do I also have to submit any document or proof about my intent to go back and work for employer B after GC is approved?

Thank you so much for your guidance in advance.

 

[Lavisha]

Taking unpaid leave during F-1 STEM OPT: Impact on SEVIS status and unemployment days

Hello,
Can we take unpaid leaves to travel internationally ('Leave of Absence') while employed on F-1 STEM OPT? What will be the impact on - a)SEVIS status and b) unemployment days

 

[Stevemiz]

VAWA case withdrawal, concurrent I-130 filing, and delayed USCIS response: What to do next?

Hello Rajivji

I started Vawa case back in July 2022, in November 2022 I decided to withdrawal the Vawa case, in November 15 I sent the request for i130, i765, i131 with my wife (she’s a us citizen) , I received the receipt for the i130 the i765 and the i131, in march 2023 I got the work and travel permit based the Vawa case, in July 2023 I received a letter from the uscis that I forgot to write the receipt number on my withdrawal request (for the Vawa case) , in july I sent them again a letter with the receipt number, they got my request in August 1, I’m still waiting for answer, what should I do? can I get approved for the i130? My work and travel permit still approved can I work or travel? How long it should takes to get answers?

 

[surya123@]

Assessing the risks and benefits of final semester CPT for International students

Hello ,

This is Surya . I am an international student in USA , holding F-1 visa status.
Jan 2024 - May 2024 is my final semester of my Masters. I will be graduating in May 2024. I am doing full-time Co-op now , and the same company offered me an extension of full- time Co-op for Jan - May 2024.

But my university international counselor saying that If i do Co-op in final semester there may be some unforeseen issues/ risks.

This is the Reply from my Counselor:

. USCIS may scrutinize any future CPT, OPT, and potential H-1B applications if your CPT employer also becomes your OPT employer.

· There may be other unforeseen issues with maintaining your status by taking too much CPT or taking CPT during your final semester.

. Basically, the US government doesn’t want international student to abuse CPT policies. Under that general regulation guideline, TTU( Texas Tech ) listed some potential issues and risks for the students to take as reference. I haven’t had students who are questioned by the USCIS officers for this reason when they apply for H1B. However, it doesn’t mean students won’t be questioned for taking CPT during the last semester in the future.

. Our office ultimately does not recommend that CPT take place during the final semester. In choosing to apply for CPT you are taking on any risks that may be associated with your decision.
——————————————————————————————————

She will approve my CPT but i am taking risks. She is not telling what type of risks will be there in future. Its so confusing and stressful for me because i am working in pretty good company and i don’t want loose this opportunity.

Based on her reply . Would you recommend me doing Co-op in final semester? and could you please tell me about the risks associated with it?

 

[researcher_j1]

Immigration and career pathways for a J-1 researcher pursuing clinical residency in the U.S.

Hi Rajiv,
I hope you are doing well!
I work as a post-doc associate on J1 Research in an Ivy League. I have cleared USMLE 1 and 2 steps and hopefully the third step by Dec 2023. I am working on J1 research and will continue to do so for another year and move to J1 clinical to complete my residency in the US which will last for 4 years. Meantime I want to apply for i140 as I am India-born to grab an earlier priority date.

Research profile
1) 15 publications in good journals(good impact factor)
2) 1 peer review
3) 3 Book chapters.
5) my area of research is mental health and working with a university involving a state mental health program.

Questions
1) Shall I apply for NIW if I am eligible or shall I go for Eb1 directly.
2) I am a physician from India and will not get a waiver (NORI) and have to do my residency on j1 clinical. If I file i140 during my J1 research, will I be able to get J1 clinical which is required for my residency later?
3) As my journey to a waiver job which will give me an H1B is after 6 years, can I travel to India and re-enter in case of medical emergency?
4) Can my husband shift to H1 through the lottery, he is currently on J2 dependent and I have a home return rule attached.

 

[mvs]

Employment changes and immigration status: Impact on pending EB-2 and EB-3 I-485 cases

Hello Rajeev sir,

Thanks for the service. Here is my case info.
EB3 -485 Pending since 2021
EB2 -485 Pending since 2022
PD-June 2012
H1B-Valid until 2024
Current work status - EAD
I am planning to change employer as company is not paying as per the offer letter.
1. what options do I have to protect my labor rights? If I file complaint, does it remains in my employment history and will it impact my future employments and pending 485 cases?
2. If employer cancels i140 before I leave the company, does it has impact on my pending 485 cases?
3. If the new employer does not like to transfer H1B, and If I take the new offer with EAD, am I able to file H1B later if needed?
4. Do I need to inform USCIS about my new employment by filing 485J?

 

[CanKum123]

Balancing U.S. H-1B and Canadian permanent residency: Exploring two immigration paths

Hello Rajivji,
I am an Indian born Indian citizen. I won my H1b Lottery this year and have it approved (through consular processing). I currently reside in Canada as Permanent Resident with just 2 more years left to apply for a Canadian citizenship. I work as an external contractor for the company that applied for my H1B. I am in a dilemma now. I have two possible paths to take :

1. Come to US now on my H1B and get my I-140 approved (my employer has agreed to start it as soon as I am in US) and then leave to Canada to continue my path towards citizenship. I need to be back into Canada within 20 months (from when coming to US) to not loose my PR.

Or

2. Come to US now on my H1B and leave immediately to Canada within 6 months to continue my Canadian citizenship path and then come back to US later on my H1B.

Your advice will be greatly appreciated!

 

[Adityanaik]

Transition from F-1 to green card status: Implications of pending I-130 and I-485 applications

Hello,

I’m also planning to apply I-130 through marriage, i-485 and i-765 all together.
But one thing I’m worried that currently I’m on F-1 visa valid till July 2024, so even if my application is pending I would be able to stay after expiration of my visa or I will have to go back India and return once my GC is approved.
Or else should I apply for H1-B through Employer in March 2024 while waiting on my pending i-485?
Will H1-B petition cause any complexity in GC process?

Please let me know if you have any information.

 

[shivakumar242]

Multiple full-time jobs and green card application: Consequences

Hi Rajeev Sir,
I am working for Company A with full time job and applied my i485. I have got an my GC EAD more than 6 months ago. Now i got another full time job offer. Can i work 2 full time jobs with W2 at a time. Is there any issue for my Green card? because 2 w2's will be there for the given year when USCIS looks at it? or in GC interview can they ask about my second job and how can we justify that? I am hearing now a days they are asking about how many jobs are you doing in GC interview. I can not hide because i have 2 w2's or when my date current then immediately i can quit the second job then i will be having only one job when i go to the interview. Will that help?

Thanks in Advance Sir.

 

[immi254]

Family-based green card interviews: Address change, notification discrepancies, and the primary applicant's dilemma

Hi Rajiv,
My wife and son received employment based GC interview email notifications, but I did not as the primary applicant. The notification was received on Oct 5th but still haven't received the Interview letter from USCIS yet. I had recently moved and also had requested the change of address through the USCIS account. Would the USCIS allow me to attend the interview along with my son and wife? What should I do about the non-receipt of the interview appointment letter?
Thank you