Recording for April 25, 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: 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

 

[jeshImmig24]

Medical Leave During H-1B Transfer with No Paystubs

1. I am currently on stem opt with company A. Companies A and B applied for the h1b and it got picked. Can I ask employer B to file my h1b petition and join company B from October if they are okay with it? (While working for company A till Sept on stem opt)
2. If I am on medical leave, does it affect h1b transfer process as the pay stubs show zero?

 

[Indiedoer]

FAQ: H-1B Lottery Layoff Before Start, Automatic Status Change, Multiple Filings, and Traveling

Hello Rajiv sir,

Case: Picked for H1B lottery.

- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?

- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?

- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?

- Are there any travel restrictions from June to Sept?

 

[Vaibhav31]

FAQ: Layoff During Self-NIW Application, changing jobs with NIW not yet filed, pending or approved

Hello Rajivji,

I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.

I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't matter?

Thank you!

 

[KR07]

L-2 Work Authorization & Travel During Pending L-1A Extension

Hi Rajeev,

I have 2 small questions:
1. My spouse's L1-A extension is in process along with mine and our child's application (i-539). I am working as an L2. Our i-94 is until June 1st 2024. His Visa extension is filed under Normal processing, not premium. In case the approval comes after June 1st, will I be eligible to work until June 1st only? Or can I continue working after June 1st also under the condition that the visa extension is under process? Or do you recommend we should change the processing to Premium?
2. We also have to travel to Canada on a personal visit in July. If the extension is approved before the travel, can we go to Canada without our Visa stamps and with the approved petition under AVR (Automatic visa revalidation) rule? Is this rule valid for any kind of travel? Air or land? And what is the limit on the number of days? Is this rule applicable for L-1 visa holder?

 

[Deepakdcd]

FAQ: What is Cap Gap Extension? How does it work?

Hi Rajeev,
I was hoping to get some information about the Cap-Gap extension for STEM OPT. I was selected in the H-1B lottery and my STEM OPT expires on April 30, 2024.
The Cap-Gap extension seems like it could help me extend my work authorization until October 1st. I'd appreciate it if you could explain the details of the program and any potential risks involved.

Thanks

 

[Indiedoer]

FAQ: Is it COS to change from cap-exempt H-1B to cap H-1B?

Hello sir,

1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.

Thank you.

 

[Prashant jadiya]

Data Scientist: H-1B Alternatives & Job Title Impact (Publications, Less Than 3 Years Experience)

Hi Rajiv ji,
I have two questions for you.
1) I have seen alternatives to H1B/options to stay-work in US: O1, GC, NIW and Day1CPT.
I'm working for Govt contractor (privately owned company) as a Data scientist. And only have one publication in Indian National Journal and dont have work exp >3 yrs. Can you suggest me a suitable option other than Day1CPT? Because on Day1CPT, I know travelling will be tough so I'm keeping it for worst case.

2) You mentioned in one call with Yudi that "Data scientist" position is also in doubt (or could be a reason) for H1b Denials? Any specific reasons? Do you suggest changing the position if an employer is willing to?

Thank you!

 

[Arina Paul]

H-1B Expiring: Unused Visa & Potential Renewal / Applying for B-1/B-2 as Tourist

Hello Rajiv Sir. As mentioned earlier to you, here are 2 of my queries I am posting below.
It will be really helpful if you can advise me on the same.

Query 1 :
I have a STAMPED H1B visa from Nov 2021 - Sep 2024. However, I was unable to move to the US over the last couple of years as my mother got diagnosed with Cancer in India. Wanted to understand what happens with my H1B visa after this Sep 2024? Do I need to renew through my current employer ? or it gets terminated?

Query 2 :
Also I need to know if I have un-used H1B can I apply for B1 B2 personally? My brother in law stays in the US and there is a planned visit for 2 weeks to the US in Aug'2024. But I don’t have B1/B2 tourist visa yet. Does my H1B renewal get impacted if I apply for B1/B2 for tourism purpose now?

 

[rajredy717]

H-1B Concurrent Filing with Spouse's LLC (Work from Home, Feasibility & Alternatives)

Hi Rajiv ji,

I am on H1b and my wife is on H4EAD. Can I apply for concurrent H1b with my wife setting up an LLC under her name? I need a second opinion since I talked to one more lawyer and he said that we need to open a office space to setup the LLC, so we have a different address other than the home address. My plan is to work from home on the concurrent H1b. Considering the admin fees, legal fees and USCIS fees involved, is it worth it in this case? If it's very hard in this way, I can also get 2 jobs under my wife's LLC. Let me know whichever way is the best.

Thanks,
Rajesh.

 

[anandreddi]

H-1B Selected with STEM OPT Expiring Soon (Cap-Gap & Layoff Options)

Hello Rajiv Sir,
I'm currently in the STEM OPT and it is expiring on June 10,2024.
My H1 was picked this year in my final attempt and my employer is filing for my H1 petition pretty soon. So my CAP GAP period will be from june 11 to sep 30,2024.

Some people in my company are expecting layoffs and I would like to take your advise to continue my stay in the US if that happens to me.

I saw in the official website studyinthestates that I can transfer my F1 record within 60 day grace period, Apply and be accepted to a new academic program to start within five months (Attached picture from website below, can't paste the link)




My Questions:
1. I just want to check if it is safe to join Day 1 CPT between June 11.2024 to August 9,2024.
2. If get laid off in July month or August month, can I join a Day 1 CPT university whose intake is August 28?
3 .Is it safe to Day 1 CPT ever?