Recording for April 06, 2023 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. 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: April 20, 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

 

[flower girl]

Eligibility for R-1 visa extension after USCIS approved with overlapping dates

Hi Rajiv,

I am a religious minister working in the US on R1 visa status. Following are my details.

Initial R1 was approved from 03/31/20 to 12/01/21 (20 months). Filed an R1 extension through a new employer on 10/02/2020 and USCIS took 22 months to approve it. Finally, on 08/16/22 USCIS approved it with overlapping dates (02/01/21 to 07/31/23— 29 months, 4 weeks). 02/01/2021 was the employment start date stated on the petition but I could not start my new employment on that date as the case was still pending on that date. I started to work for my new employer on 08/16/22. By 07/31/23, I would be working for my new employer on R1 extension, 11 months and 2 weeks. Accordingly, the total time I have worked on R1 status would be 31 months and 2 weeks (20months + 11 months+ 2 weeks).

Questions:

1. Am I eligible for another R1 extension and if so for how many months?

2. Would the USCIS’s overlapping, back dated R1 extension dates (29 months, 4 weeks) will be considered as the time spent on R1, even though, I started to work for my new employer only from 08/16/22? Please clarify.

3. If I file for an extension before the expiration of my I-94, can I work 240 days past my I-94 expiration date?

4. Currently I am being paid a monthly stipend, but it is $1027 less than what is stated in the initial R1 petition. I have taken a vow of poverty, and therefore, my expenses are very minimal. Instead of a higher stipend, I requested health insurance coverage from my employer and he agreed to it (health insurance coverage by employer has not been mentioned in the original petition and health insurance premiums cost $400/month). Employer would like to pay back wages ($1027 more a month) if it resolves the issue. Would this be a problem and if so how should this be remedied? Would paying back wages resolve the issue?

Thank you very much and appreciate your service very much!

 

[bharghavi]

Errors in I-140 approval on the employer revocation period for visa change: Which approval date to consider?

Hello Rajiv Sir

My i140 was approved on September 2022 but it contained errors on Employer Name. Instead of employer name my name was printed with incorrect spelling mistake.

Which approval date should be calculated for 180 days for chance of revocation by employer since I intend to change the employer now. Will it be original approval date/first round correction/second round correction?

1) First round correction USCIS made mistake again.
2) second round USCIS corrected Employer name correctly.

Thanks
Bharghavi

 

[Srinathb07]

Returning to the U.S. without a project after traveling to India on Advance Parole on GC EAD: Documentation requirements and considerations

Hi Rajiv Sir,

I received my GC EAD in May 2022 and currently I am on my H1B visa and my project ended recently.
Since I am in between projects, I would like to spend some time with my parents in India, so what all documents do I need to carry
while traveling back to USA, if I am using my advance parole, will there be any issue since I am not in project but working for the same employer.
and what's your suggestion , should I continue on H1B or move to EAD.

Thanks,
Srini

 

[akriti112]

F-1 OPT and working for father’s company in India or US: What are the legal considerations?

Hi Rajiv Sir,

I have two sub-parts to the question:
1. I am on an F1 OPT and my father has a software company in India. I want to know if I can legally work for his firm from here back in India while on F1?
2. He is planning to open another entity in the US, can I be the Managing Director for that while also working here in the US on an F1 OPT.

 

[mazher]

Bringing parents to the U.S. on H-1B visa: Legal options for long-term stay and care

I am on H1b currently, how to bring parents to us and legality keep them here for years or as long as i am here. As there are no one to take care in India

 

[Sachin saini]

F-1 visa transfer and extension: Can I travel to India and extend my F-1 visa?

Hello Rajiv
I am sachin and I am on F1 visa I come in United States in Castleton university in jan 2022 and then I transfer from castleton university to language school after completing 3 months session then I transfer into CUNY- LaGuardia community college and take 1 semester over there and transfer into languages school and now am transferring into Bergen community college in September intake 2023 and my sevis is valid.

Question
1/ Can I go to India to visit my family? Is there is any chance of problems at the port of entry when I come back to US.
2/ Can I extent my F1 visa if am not able to complete my degree on time frame mentioned on My US F1 visa.
Thank you
Sachin

 

[Shabarish]

H-1B Lottery: Can you join employer B after being picked by employer A?

Hi Sir,
I had 2 full time offers. Both the employers (unrelated) filed for H1B lottery. If I get picked under the name of company A, will I be able to join company B and file for H1B petition (making use of the lottery picked under different employer) ?

 

[RameshRRR]

Switching employers on H-1B visa: Can an approved for-profit H-1B be reactivated after withdrawal?

Hi Sir,
Currently, I am employed by a non-profit company on a non-for-profit H1B visa. Additionally, I have an H1B visa picked up in the lottery and approved in 2022 with a for-profit employer, but I have not activated it yet.
My question is -
If the for-profit employer wants me to start working for them, but I opt not to move to their company, and they withdraw the H1B visa, will I be eligible to reactivate the approved for-profit H1B later on by transferring to a different employer? Are there any other consequences that I need to be aware of?

I appreciate your response.

Thanks,

 

[Sri Ram]

Completing the DS-160 form: Filling in father's surname, given name, and middle name


Hello Sir,

I would be applying as an F1 Student for Fall 2023 admission. For easy understanding of the question taken Rajiv Sir name as an example.

If on the Passport
Father name is mentioned as Khanna Rajiv S


But Actually
First Name Given Name is Rajiv
Middle Name is S
Sur Name Last Name is Khanna


Based on the above example
What should I fill in DS 160 form where it asks for Father Surname and Fathers Given Name.
Also where should Middle Name be mentioned?

Request your guidance.

 

[Vaibhav31]

L-1A to EB-1C: Can multiple visits to the home country be combined to meet the one-year requirement?

Hello Rajiv ji,

My US employer has an office in Delhi so exploring L1A>EB1C route. For EB1C, one must spend 1 year outside of the US. So would like to know if I can add up multiple visits to India to satisfy 1 year's time or if I have to spend 1 year straight in India.

Questions:
1. Let's say I go to India for 5 months (from June 2023 to November 2023) and return to the US in Dec 2023 and stay in the US for 1 month.
Then go to India again for 7 months (from Jan 2024 - July 2024). Now I have 5+7 = 12 months completed. Is it OK?
2. If yes to the above question, Can I now apply for L1A in August from the Delhi consulate and come to the US in Aug on L1A?
3. If I get an L1A stamped on my passport, will they cancel my H1B stamp? Not sure if I can carry 2 stamped visas at one time.

 

[nallangh]

H-1B and green card EAD: Can you work for a different company using EAD while maintaining H-1B status?

Hello Rajiv,
Question where we need your expertise:
1) My husband is on H1b from company 1 and has green card EAD, can he use his EAD to work for another company and still maintain H1B status.

Thanks

 

[Abdu1212]

Can you apply for OPT if you failed a mandatory E-Portfolio (Capstone Project)?

Hi Rajiv ji

I have a question regarding my graduation. I am in my last semester graduating in May 2023. I came to know that I did not pass my e-portfolio and the e-portfolio ( capstone project) does not count towards degree credit but it’s mandatory to pass for graduating. Can I apply for OPT as I am completing the main requirements like my degree courses.

 

[nacha433]

Can you work on GC EAD after quitting your H-1B job? Do you need to move to H-4 and apply for H-4 EAD?

Hello Rajiv ji, I have GC EAD approved Sep 2022 through my husband's GC application. I am currently working on H1B. With the GC EAD, can I quit my current job to pursue other opportunities like internships etc on GC EAD? Do I need to move to H4? And also apply for H4 EAD?

If yes, what date can I start working? Is it the date of H4 filing? Or do I wait until H4 is approved?

Thank you so much