Recording for August 24, 2023 Conference Call with Rajiv S. Khanna

Status
Not open for further replies.
DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member


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.
-------------------------------------------------
Call Details:
Next Call Date: September 07, 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
-------------------------------------------------

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
 
Last edited:
FAQ: Green card processing, F-1 visa, and H-1B transition: Travel and work considerations
Click to expand...

Hi Rajiv ji,

Greetings!

I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:
  1. At what stage in my Green Card Processing can I start traveling outside the USA?
  2. Let us consider my GC is still under processing by the time I graduate and enter the job market:
A)Can my employer file an H1 while my Green Card is under processing?
B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?

Thanks in Advance!
 
Last edited by a moderator:
FAQ: Difference between H-1B consular processing and change of status
Click to expand...

Hi Rajiv ji,

I am on my STEM OPT, and it is valid till July 2024.
My H1B was picked(March 2022) and approved(August 2022) last year.
However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

But most of them (who I know) who got approved by consulate processing, changed their status here (in the USA) and went for stamping.

What do you suggest.? Any input on the process?

Would really appreciate inputs/suggestions because very few people have knowledge of this consulate processing.

Thank you..!!
 
Last edited by a moderator:

Day 1 CPT, H-4 EAD, and maternity benefits: Eligibility and issues​

Greetings, Rajiv sir, I am currently enrolled in a Day 1 CPT program and have applied for H4+EAD as My husband's I140 application has been approved. The date I have selected for H4 is when I am expected to go on Maternity leave. Am I eligible to accept my Maternity benefit payments from my organization and state government when my status changes? Thanks for answering my question.
 
Last edited by a moderator:
I-140 approval and experience transfer: Addressing PERM application, priority date, and experience listing concerns

Hi Rajiv Sir, Thank you for your help on our communities.

My I-140 was approved with Company 1, and I have since switched to Company 2. Company 2 has already filed the PERM application; however, they did not include my experience gained from Company 1 in the filed PERM ETA 9089 since company 2 Offred perm position doesn't require any experience. So, will it lead to any material representation while filing the i140 application. And, can we claim the priority date from company 1 in this case?. Also, ETA 9089 Forum mentioned that list out the All the experiences held in last 3 Years !!.. If the perm which required only 1 Year of experience, do we still need to mention all 3 years experiences. If failed mention will it lead to any legal concerns while filing i140?
 
Last edited by a moderator:
Delays in green card and travel document processing: Solutions and timelines

Hello Rajiv Sir,
I have question related to my parents green card.The receipt date for I-131 is March 21st 2022. Their I-765 was approved on Sep 20th 2022. USCIS receipt date of medical is Aprill 11th 2023. The green card has not been approved yet. Neither travel document have been approved. We sent an online enquiry for I-485 to which USCIS responded that" due to workload factors they anticipate a delay for approximately 6 months". We also sent an inquiry for their travel document to which USCIS responded "due to workload factors not related to your case, USCIS anticipates a delay" and there was no timeframe. The service senter is Irving Campus in Texas. Is this normal ? My parents need to go to India for atleast 6 months and an emergency travel document for 1-2 months will not work. Is there anything that can be done here so that they can atleast get Travel Document sooner or Green Card?.
 
Last edited by a moderator:
Dealing with H-1B layoff: Exploring status change, I-539 form, and timing

Dear Rajiv Sir,

I hope this message finds you well. I am reaching out to seek your guidance and expertise regarding my recent situation. I recently experienced a layoff and am currently on an H1B visa. As of my discussion with HR, they have extended my effective termination date to September 13, 2023. Although I will be receiving regular pay until this date, there is no requirement for me to perform any duties or work during this period. Additionally, my wife is in the US on an F1 visa, with her i20 valid until 2025.

I have a few questions and concerns that I would greatly appreciate your insights on:

  1. With my termination date set for September 13, does this imply that I have an additional 60 days after September 13 to find a new job while maintaining my H1B status?
  2. If, unfortunately, I am unable to secure a job within the 60-day period, would it be advisable to apply for a status change to either an F2 or B1/B2 visa?
  3. I have started filling out the online form I-539 for the status change and have encountered a few uncertainties:
    a) For the question about "What date are you requesting your current or requested status be extended until?", should I consider my spouse's i20 expiration date if I am applying for a status change to an F2 visa?
    b) Regarding the question about employment history: "Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?" Should I include my employment details, including name, address of the employer, weekly income, and whether the employment was authorized by USCIS?
    c) Would I need to provide biometrics when applying for a status change?
    d) Referring to your blog about the status change from H1B to B1/B2, you mentioned including a cover letter. Could you clarify where the cover letter should be uploaded? Would the "Additional Evidence" section be appropriate for this?
  4. How much time before the 60 days clock ends, would you recommend submitting the I-539 form?
Your insights are invaluable to me, and I am extremely grateful for your assistance during this challenging time. Thank you for your time and consideration.
 
Last edited by a moderator:
H-1B visa and Day 1 CPT: Managing degree completion and visa approval

Hello Rajiv Sir,

Thanks for the community service you have been doing. I have a question regarding H1B visa and day 1 CPT. I completed my Masters in a STEM program in 2020, with my OPT expiring in June 2023. H1B lottery that happened in March 2023 was my last attempt with my Masters degree. My application did not get picked in the first round, and I joined a day 1 CPT university. My H1B application was selected in the recent second lottery. I have registered for the upcoming fall semester as H1B will come into effect only in October. Should I complete my day 1 CPT degree? Will there be issues if I put the degree on hold after doing two semesters?

The H1B pick is with my third attempt with the STEM Masters, however it’s in the second pick. So it has less association with the day 1 CPT degree. I am concerned of H1b denial while stamping, and of any future issues. Will it be an issue if I get my H1 stamped and then put the degree on hold? I just started the degree and it runs for the next 1.5 years. I could save up on $ and all the hassle if it won’t be an issue.

Thanks for you advice and valuable time.
 
Last edited by a moderator:
Correcting name error (FNU) for Canadian citizen brother sponsored in 2009

Hello Rajiv Sir,
You are doing great service for community.
My daughter sponsored her brother in 2009. He is a Canadian Citizen since last few years. Due to some error somewhere immigration always write FNU (First name not available) before my son's name. How this can be corrected. Please advise.
 
Last edited by a moderator:
H-1B lottery success and OPT considerations: Evaluating multiple offers and future concerns

Dear Rajiv Sir,
I really appreciate your work.

As an international student on an F1 visa completing my master's in CS, I had three H1B registrations after receiving offer letters from all three for Software Engineer roles. I got picked by one company in the second round lottery. I am not sure if the 3 companies had any tiniest connection in the past but I am sure they do not have any connection now. The company which I got from did not do multiple registrations.
I am uncertain if I should be concerned about the other two companies' Relations that were not picked.
I am applying for OPT concurrently and wondering if there would be any issues with my OPT status if problems arise with my H1B.
Should I proceed with filing or not?

Thank you
 
Last edited by a moderator:
H-1B renewal, employment based green card and returning to the USA

Hello Rajiv Ji,

I am currently on H-1B visa in USA. The company where I am employed is going to apply for my H-1B renewal and EB Green Card next year. I am considering moving back to India, however, I would like to be aware about my options to return to USA.

1) If the company where I am currently employed is willing to let me work for them from India, can I do so on my current H-1B visa? Moreover, can my ongoing EB Green Card application process continue if I work from India?

2) Is there any benefit ( of ease to return to USA) to wait for my H-1B renewal and EB Green Card application to be completed next year, and then leave USA? Would my EB Green Card processing continue, post 180 days of I-140 approval, if I am not longer working for any US company?

3) If I stop working for a US company for a few years and in the future if I decide to work again for a company in USA, do I need to participate in the H-1B lottery again? Moreover, can I use the unused H-1B acquired through my current employee with a different employee?

Thank you very much!
 
Last edited by a moderator:
I-485 application from H-4 and H-1B grace period implications

Hello Rajiv Ji,

1) I have an approved I-140, when my priority date becomes current, can I apply for I-485 from H4 status or I have to convert to H1B status and then apply for 485 ?

2) during the 60 day grace period for H1B principal, can spouse on H4 EAD continue working ? or spouse has to stop working ?
 
Last edited by a moderator:
Switching jobs on GC EAD: Consequences for H-4 spouse's entry and validity

Hi Rajiv Ji,.

I'm currently working on H1b holding GC EAD i.e. valid till oct 2023. Now I'm planning to switch the job using GC EAD. My wife is in India with valid h4 stamping but she doesn't have AP. After I move to GC EAD, can my wife enter into USA using her H4 Stamping that is valid till Nov 2024? My H1b and my wife's H4 will become invalid When i move from H1b to GC EAD? Does She needs to travel back to USA before I move my job using GC EAD?

Thank You so much!
 
Last edited by a moderator:
Changing future plans in EB-2 NIW application: Impact of rejection and revised approach

Hello Rajiv,

I have applied for EB2 NIW and mentioned "continued work in his domain" as my future plans/endeavor. Unfortunately, my application has been rejected.

Now if I apply again and mention "starting my own company" as my future plans. Will that be an issue? I'm sure USCIS has my past application and they can refer to old info to reject my new application,
 
Last edited by a moderator:
OPT STEM visa travel inquiry: Reentry, visa validity, and stamping considerations

Hello Rajiv,

I have Approved OPT STEM Visa valid until Aug/19/2024. I have valid passport valid until 2029, F1 Visa valid until Apr/10/2024, I can get updated endorsed I20 from SDO and employment verification letter for all the years i have worked under OPT & OPT STEM.

My question: I would like to travel to India from Feb/15/2024 to March/5/2024. Is it safe to travel to India and come back before visa expiring? Are there any requirements which talks about entering states before visa expiration? do i get questioned during port of entry?

Someone suggested to get F1 stamping again? is it possible to get stamping for remaining 4 months? do you advise this approach?

Thank you!
 
Last edited by a moderator:
Status
Not open for further replies.
Top