Recording for April 20, 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: May 04, 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

 

[chhavi27]

Emergency visa request denied: Next steps for F-1 student's mother to visit hospitalized father in the U.S.

Hello Rajiv ji,

Asking on behalf of a recent F1 visa student studying in Texas, he has his nanaji and naniji in Wisconsin who are US permanent residents. His Nanaji is right now in hospital as he got an heart attack and is under treatment, his mother from India needs to travel to US visit his father in hospital- they booked the visa appointment but got for Jan 29, 2024 and also expedited it based on medical emergency, but got below response as denied yesterday. Her previous visa requests were also denied it seems.

Thank you for contacting the U.S. Embassy/Consulate. Your request for permission to schedule an emergency appointment has been reviewed. We regret to inform you that your request has been denied.

Please find the details, if any have been provided, for denial:

Thank you,
The U.S. Embassy/Consulate

Please suggest him next steps.

Thanks & Regards,

 

[Vyjendra]

Out of status on OPT: What are my options?​

• OPT Question and am stuck​

  Hi Rajiv ji, help with the case if you can, right now I had an Initial OPT and applied for STEM OPT, My Initial OPT will expire on May 1st,2023 (As per the EAD Card). On March 31st, 2023 I got a Denial Letter from USCIS and on April 4th my initial OPT was mark completed. Am already Out of status for now, Here are my option; 1) File an Appeal which may takes 180 days and am sure it will get approved, but I can't work for those 180 days and stay has it is with no job. 2) Start day 1 CPT doing DBA, which will give me three years, so I can continue my work and try my luck for H1B. 3) I saw your video and there you mention that there are 1 year course which comes under STEM and also the STEM Extension. My question is can I also work on CPT during that those 1 year course? 4) Thanks in advance, feel so stuck, and also no lawyers are able to answer some question about my situation.
  I am confused what step should I take, my count-down is already started and not sure what do to next? Will it impact on my record, has it show I am eager to work? It will impact in future if my H1B got picked?

 

[msdr]

Forms and eligibility requirements for E-15 immigration status for children of EB1-C visa holders

Hi Rajiv Sir, thanks for this amazing forum.

i wanted to know about E-15 immigration status for kids of approved i-140 EB1-C parents.

i came to US on B1 Visa and applied for I-140 EB1-C on 18th June 2021 when my elder son was 20 years old (DOB 24th June 2001).

i got my EAD and Advance Parol in July 2022. my i-140 EB1-C is pending on enquiry USCIS helpline informed that a decision can be expect in April 2023)

Please let me know
1. what are the forms needed and timeline for E-15 immigration status for kids?
2. Will my elder son be eligible for E-15 immigration status? do we have to file any additional forms for him? (my kids are in India)

Thanks & Regards

 

[Vinit sawant]

FAQ: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder

Hello Rajiv ji,
My question is regarding Green card process.

I am on H1B (still in 1st 3 year window), my company have filed my PERM in September 2022, expecting to hear back from authorities in June/July on my PERM, and company plans to file premium i140. (EB2)

Couple of question, would like to get clarity on as this is my first PERM approval process:

1. The division I work in, is expected to get closed by end of this year/ early next year, and I will need to move within same organization/ continue working remotely with same role but reporting office address will change. My plan is once i140 is approved for my current role, I will move within company and company will need to file new PERM as my office address/role/salary will change( company lawyer have confirmed that they will definitely need to file another PERM ). In this case my initial approved I140 would still be active, even though company starts new PERM for new role as I am still with same employer ?

2. I am aware that post I140 approval, employer has a right to revoke that within 6 months, Considering for my current role my I140 is approved in July/august 2023 (with premium I140 processing, let’s assume the timeline without audit) and as I know division is closing so I move within company after my i140 approval, company will start new PERM process. Now Post 6 months of my initial I140 approval, can I leave this organization with my approved i140 for my previous role ? Is there any risk involved in it ?

3.Dose every organization now in future will need to apply for PERM again as I switch Employer? As current job market is not that great+PERM is additional cost, half the organization do not opt for international talent. In case any company who is willing to transfer my H1B but not ready to star my PERM process, can I work with that organization ? What is risk associated with this ? Can I use my previous approved i140 to extend my H1B For new employer ?

4. In case I loose my job post i140 approval, while on H1B and I don’t get a new job within 60 days, I am aware I can still apply for jobs while being outside of United States. But in this case would my last approved i140 be still active ?

5.Just for awareness and avoid such mistakes in future, What are the cases or situation when you lose your i140/ priority date( approved I140 will be revoked) ?

Thank you
Vinit

 

[Vaibhav31]

FAQ: Recommendation letters for EB-1A applications

Questions about 'recommendation letters' for EB1A:

1. For a strong case, a ballpark number of how many recommendation letters should one attach to the application? 5? 10? More the better or quality > quantity?
2. Is there a validity of recommendation letters? What if I collect letters today but apply for EB1A 1 year or 2 years later?
3. Is it mandatory for the recommenders to write the letters on the official letterhead of their company/college etc?

 

[Sushil2023]

Visitor visa overstay: What to do if my parents are Canadian citizens and want to visit the U.S. again?

Dear Rajiv Sir,

Visitor visa overstay

1. My mother is an India born Canadian citizen. She inadvertently overstayed her visitor visa by 1-4 days 3 times out of the 14 times she has visited US.

2. Inadvertently, we were under the incorrect impression that she could stay for 6 months in US upon entry. We did not know that period of stay is 180 days and not 6 months.

3. Each of the 3 times she overstayed, the immigration officer at the time of entry had written the departure date on her passport. She left on the date written on her passport. Each time this mistake was done by both my mother and the immigration officer. The immigration officer asked her departure date and she told the date which was the last day of the 6 months and the officer wrote that date on the passport. I printed the last I-94 from CBP website and it states the ADMIT UNTIL DATE as the last day of the 6 months even though it is the 184th day.

4. We just learnt about the 180 day rule when my mother was denied boarding a flight from Paris to US and was told that she had overstayed 3 times.

5. My mother is a single widow and dependent upon me. She has been coming to US and staying with me for the last 14 years. I am in the US on a Green Card. What should I do so that she can come back and visit us again.

6. I watched a video on your website where you mentioned that there is a provision for where dependent parents can extend their visitor visa for long term. Can we apply for such a visa for my mother?

7. Following is her travel history:
OVERSTAY Arrival 05-07-2022 Departure 11-06-2022 ADMIT UNTIL DATE written on passport by immigration officer 11-06-2022
OVERSTAY Arrival 04-30-2021 Departure 10-29-2021 ADMIT UNTIL DATE written on passport by immigration officer 10-29-2021
OVERSTAY Arrival 05-28-2019 Departure 11-25-2019 ADMIT UNTIL DATE written on passport by immigration officer 11-25-2019
Arrival 06-02-2018 Departure 11-27-2018
Arrival 05-27-2017 Departure 11-20-2017
Arrival 09-25-2016 Departure 11-02-2016
Arrival 05-08-2016 Departure 09-11-2016
Arrival 04-11-2015 Departure 10-06-2015
Arrival 05-24-2014 Departure 10-26-2014
Arrival 05-20-2013 Departure 11-14-2013

Thank you Sir.

 

[SD29]

FAQ: What happens if you stay outside the U.S. for more than 8 months as a permanent resident

Does it pose a problem if we stay out of the USA for 8 months or more while having permanent residency and returning after that duration?
If so, what can be done to remedy this?
Can somebody help by giving their valuable inputs
Thanks in advance

 

[prasam1995]

H-1B lottery and job change for a Masters graduate in the U.S.

Hello Rajiv Ji,

I am posting this query on behalf of a friend who did his Masters in the US. He is in a situation right now where he works for a well-established company A but his H1b lottery registration was not picked in his last lottery chance. His H1b lottery registration was however picked from a consultancy firm. His company A may send him to Canada to continue his employment but his priority is staying close to his family in the USA.

His EAD expires Jan 2024. He is also concerned if there can be a second lottery and if he can continue working for his current company A.

Posting some questions below.

1. If he chooses to switch his company and files h1b through consultancy firm, when can he start working for the consultancy?
2. If his petition is filed and confirmed through the consultancy firm before june 30, but a second lottery occurs (maybe in aug) and luckily if his h1b is picked from company A, can he file his petition from company A as well?
3. Assuming he leaves company A and moves to the consultancy firm. What are the minimum requirements to start the h1b transfer process from the consultancy firm to his old company? And how quickly can this process be started?

Given the recession-like market this year, can you please advise what could be a good course of action here?

Thank you

 

[Aman07]

Pursuing a second Master's degree with day 1 CPT on F-1 visa - What to consider?

Hi Rajiv
Thanks for having this forum !

I'm currently on F1 visa, with my stem opt ending soon. I'm planning on pursuing a 2nd masters degree with day 1 CPT.
Could you please advise on some of my questions considering the long term impact :

1.The university is accredited by a regional agency and is based in Kentucky. But they do have residency campus in other states as well and only require to be in the campus once a semester, would attending a low frequency in-person attendance program in another state be a concern?
2.There could be a gap between my OPT End date and CPT start, what would be the best way to work around these gaps?
3.Many students attend this university for a day1 CPT program and it has also been in a news article for the same, but the university seems to meet the requirements. I'm keen on attending here since it is the only one in the state I'm working, would it be advisable to go ahead ?
4. I'm an IT developer but I'm looking at a MBA program considering future career prospects, would this be considered closely related ?

Thanks & Regards

 

[Fukrey]

TN visa extension and Form I-129 submission without employer's disclosure of financial information

Dear Rajiv, thank you for taking my query.

Context 1:
I am currently working in the USA on a TN visa valid until end of May 2023, and seek your input to continue my employment beyond this period. Also, I am married to a Green Card (GC) holder in the USA, and have applied for a GC through her. However, my EAD and Advance Parole for travel might potentially take up to 4 more months to approve.

Question 1:
Per my understanding my Advance Parole, EAD and GC application will be considered abandoned if I go to Canada border to get an extension on my existing TN visa. Is that correct?

Context 2:
An alternative option is for my employer to submit Form I-129 to request extension of my TN status, without my needing to step outside USA. However, being a private company, my current employer does not wish to disclose answer to these 3 specific questions asked in Part-5 of Form I-129: (a) current number of employees it has in the US, (b) company's gross annual income, and (c) company's net annual income.

Question 2:
Will Form I-129 be accepted as complete by USCIS without the employer disclosing the above 3 data points? If the answer is NO, could you please recommend a way around this?

Regards

 

[suraj10]

Relocating during the PWD process on the PERM application

Hello Rajiv,

My work location is Seattle. PWD got filed with the Seattle location. During the PWD process, I moved to Chicago. Now PWD is approved.
Questions:
1. Does my company have to reapply for PWD for the Chicago location? Or I can still move forward with the PERM process with Seattle-approved PWD? It took 9 months to get PWD approved so I'm scared if I have to re-file PWD again.

2. In one of your blogs you said that " As long your intention is to move back to the original location(Seattle in my case) once i140 is approved, you should be okay". Please confirm.

 

[shar96]

F-1 OPT and H-1B visa processes for International students

Hello Rajiv sir,

I am on F1 visa now and will be graduating in the first week of May-2023.
1. Are there any risks in international travel after my graduation and before my EAD start date? I already have the EAD card with me.

2. If two family members work for the same team in a company (one person in the US and other in India), would there be any challenges in filing for H-1B visa for that person later on?

3. While I am on my F1 OPT after graduation, can I also work as a Teaching Assistant for my university (for less than 19 hours/week) along with a full-time job in a company?

Thanks a lot in hosting these community calls.

 

[chhavi27]

Hello Rajiv ji,

Asking on behalf of a recent F1 visa student studying in Texas, he has his nanaji and naniji in Wisconsin who are US permanent residents. His Nanaji is right now in hospital as he got an heart attack and is under treatment, his mother from India needs to travel to US visit his father in hospital- they booked the visa appointment but got for Jan 29, 2024 and also expedited it based on medical emergency, but got below response as denied yesterday. Her previous visa requests were also denied it seems.

Thank you for contacting the U.S. Embassy/Consulate. Your request for permission to schedule an emergency appointment has been reviewed. We regret to inform you that your request has been denied.

Please find the details, if any have been provided, for denial:

Thank you,
The U.S. Embassy/Consulate

Please suggest him next steps.

Thanks & Regards,

Hello Rajiv ji,

Update on this - This question can be ignored as just got an update from them that their emergency request got approved this time.

Resolution - Thanks for replying to try again to student's mama on another thread who connected to you for same, this time helped to proceed to get expedited appointment for same.

Thanks from their behalf too.