Recording for December 14, 2023, Conference Call with Rajiv S. Khanna

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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.
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Call Details:
Next Call Date: January 04, 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
 
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FAQ: Converting from B visa to any other status such as H-1B, etc.
Click to expand...

Hello Sir,

I have a valid B1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox.
Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?

Regards,
Santosh
 
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Considerations for H-1B transfer, potential challenges, repercussions of denial, and H-1B termination while changing employers

Hello Sir,
Hope you are doing good! I am a new member, so I apologize, if these questions were answered in previous sessions. Thanks for your time and consideration. Please read through.

I got my H1B approved this year and so I got my COS to H1B status on Oct-01-2023. I will be laid off from my current org (company A) on Dec-08-2023 and thanks to early notice from my manager, I was able to get into the job hunt and secure a job for now (let's say company B). I am still being interviewed by this other company (company C), who are pretty slow with their recruitment process.

1) So, if I start my H1B transfer A to B and mid way (maybe after 2 weeks), if I get an offer from company C, should I initiate H1B transfer from A => C or should I wait for A=>B and then do B=>C. What would be the best approach?
2) Should I be wary of any potential issues or RFEs since I am intiating 2 transfers? (I don't plan to work on concurrent H1Bs)
3) For some reason, if 1 of the transfers is denied, will it affect the other petition too?
4) In the worst case scenario, if both my H1B-transfers are denied and I have to move back to India, will my H1B still stay active till 2026?
5) Can you also explain a little bit about - what is H1B termination. I read somewhere that I should transfer my H1B before Company A terminates it and reports that I have moved on to a different org to USCIS.


Note: All companies mentioned offer/offered me Full-Time. Company C is an MNC and I would like to work for them. Also, HR cannot expedite their recruitment process, so I am initiating H1B transfer from company A to Company B for now, just to plan for worst case scenario.

I don't want to wait until Company C completes their process, as I don't want to accrue days on my H1B grace period and risk losing the opportunity with company B. Finally, Last paycheck from company A will be Dec-08-2023.



Regards,
Senthil
 
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Discrepancy in the country of birth on passport and green card, the possibility of changing the country of birth on green card, recommendations for smooth travel, and future citizenship considerations

Hello Rajiv Sir,

Hope you are doing well! I have a Green Card in EB2 using cross chargeability. My City of Birth is Delhi, my Green Card states my country of Birth as Nepal so every time I travel I am being questioned regarding the authenticity of my documents because of the mismatch in country of birth on Passport and Green Card, however I am able to get through the immigration.

Q> Is it advisable to change my country of birth from Nepal to India?
If Yes Is it straight forward as filing out form I-90
If No will it cause problems during my citizenship? because of the mismatch in country of birth on my passport and Green Card

Q> Is there anything else you recommend I should do to avoid any issues during traveling?

Thank You for these free conference calls.
 
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H-1B to H-4 transition and rejoining the workforce: Process, grace period, and lottery considerations

I am on an H1-B visa and I have been in the USA more than 12+ years, My I-140 is approved and My priority date is 2013 in EB2 category.

I lost my job so I am planning to move on H4 visa, dependent on my wife. My current company is planning to revoke my H1-B.

If I get a job after 4 months then the new company will file my H1-B. What will be the process ? Do they need to file a new H1-B and wait in the lottery because I will lose grace period in next 48 days and I will be out of status? or my H1-B can be filed separately and it will not go in the new H-1B and lottery ?

I already used 60 days grace period in 2020 one time, can I use grace period again this time ?

How tele whole process works?

How does this process work? I am sure this situation might be answered multiple times, if possible can you share a link if this is already answered ?
 
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Multiple I-797 forms during an H-1B transfer process and exploring the possibility of switching from employer B to employer C after a short period

Subject: H1B Visa Transfer Inquiry

Hi Rajiv,
Currently, I am on an H1B visa with employer A and am in the process of transferring to employer B. Meanwhile, I have received an offer from employer C and am considering initiating the transfer process with them as well.

My question is, can I have three I797 forms simultaneously—one from my current employer, one from employer B, and another from employer C?

Additionally, if I decide to join employer B and receive an approved I797 from employer C, is it possible to leave employer B after 10 days and switch to employer C?

I appreciate your assistance in clarifying these matters.
 
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Changing from H-1B to L-2 with concurrent EAD, potential implications for employment and future green card filing, and considerations for reverting to H-1B at a later date

Hello Sir,

Some Facts:
I am on H1B with valid visa/797 until 15 Nov 2024.
My spouse, is on L1-A with valid visa/797 until 9 Feb 2025.
My Elder Son, 11, is on H4, same validity as H1.
My Younger Son, 6, is USC.
I have I-140 approved. Priority Date is 24 Apr 2019.

Premise:
Given the current IT Industry outlook and a constant issue with continuity with the employment on H1B (with a depenbdency on the customers), I am looking to understand the process of changing the status from H1 (h4 for dependent) to L2 with EAD.
Given my priority date is from Apr 2019, I want to understand if I can move to L2 with concurrent EAD, continue with my employment and then switch back at a later date to H1 when my Priority date is close to current/current for GC filing.

The Queries:
Need help/guidance with the following queries:
1. If I do a Change of Status (COS) to L2, with concurrent EAD, is it possible for me to revert to H1B again in future? If Yes, how long can I be on L2 before it becomes a problem for me to switch back to H1B.
2. If I do COS from H1 to L2-EAD, will there be any issue in my existign employment? Any concerns to future GC filing?
3. If I COS to L2 and for some reason L1 extension is denied, will I/we be able to revert to H1B, with continued stay in US.

My apologies, in case am not asking the right questions here of these are not correctly worded.

Thanks,
Appreciate all that you do.
 
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Responding to the NOID (Notice of Intent to Deny) regarding parents' green card application and validity of B-1/B-2 visa

Hello Sir,

Background (US citizen applied for parents Green Card through Adjustment of Status):

I applied for I-485 and advance parole(I-131) for my parents when they entered US on B1/B2 visa on July 28th 2022.
They had I-94 valid till Jan 4th 2023
We travelled on cruise to Western Caribbean vacation on December 17th 2022 from Galveston, Texas while the I-485 and I-131 were pending.
They received the Advance Parole on Jun 2nd 2023.
They travelled to India on July 17th 2023.
We received a letter for an in-person interview for I-485 scheduled on November 9th 2023.
They came back to the US on Nov 6th, 2023 on Advance Prole to attend the interview.
They attended the interview on Nov 9th
During the interview, they asked the latest I-94 and we showed them Advance Parole stamp on their passport and no further questions were asked.
We received NOID today (12/04/2023) since they travelled on cruise to a foreign country last year while application was pending.

Queries:

1. USCIS asked us to reply by December 31st on NOID. Need your suggestion on the procedure. We genuinely didn't know that the cruise would impact the AOS especially while they had a valid I-94 when they were on cruise and USCIS approved Advance Parole after that and they scheduled the interview.

2. My parents have a non-immigrant B1/B2 visa till 2028. Is that still valid ?

Thanks in advance.
 
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Switching from AOS to CP: I-824 process for family-based green card applicants outside the U.S.


Family based GC: AOS to CP Switch

Applied for family based GC for my father on 8/11/22
I-130 and I-485 / I -131 filed while he was in USA
I-130 approved in April '23
I-485 had 3 rfe - 1 for birth certificate Jan'23, 2 for medical ( Apr'23 and Aug'23) is pending
I-131 is pending
Travelled to India on Emergency AP ( issues for 4 months) from 4/27 to 8/21. Paroled in DA status to the USA
Currently in India on another Emergency AP valid up to April 1,2024

Question

1. Can his 485 processing be changed from AOS to CP by filing I-824. Can this be done while dad is in India? before April 1 expire of the Emergency AP?
2. If yes, who should file -> me as a I-130 petitioner or dad as I-130 beneficiary. The form I-824 says Petitioner or Applicant?
3. How and were would we change the address for correspondence from the NVC?


Thank you for your time.
 
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Forming a sole-owner LLC in the USA for H-1B visa holders planning to operate remotely from India

Form LLC before moving back to India

Hello sir,

Right now, I am working in USA (H1b visa). And I am planning to form a LLC and then shift back to India, and operate the LLC from India. I have following questions regarding forming LLC when on H1b visa:

1) Is it possible to form sole owner LLC for H1b visa holders? If not, is there any possible way to form sole owner LLC as I’ll be moving back to India?
2) Are there any compliances I should be looking for as I plan to move back to India and operate the LLC remotely?
3) What happens to my B1/B2 visa, after I get F1 visa and H1b stamped? Do I have to reapply the B1/B2 visa when I want to visit USA for business work related to my LLC?

Thank you in advance!
 
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Overstayed H-1B visa due to I-94 expiry, looking for options to re-enter the USA possibly with a new job

Hello Rajiv Sir,

I hope you are doing well.

I faced a problem in August 2023 and I had to leave US. So I need some suggestions what can be done. I was on H1b which I stamped in Nov 2022 and on returning USA at the port of entry I was told to renew my passport which I renewed. But one thing I was not aware of that the I-94 was updated with admit until date which was 19th August, 2023. So I missed that date and overstayed for 10 days till 29th August, 2023 and left USA on 30th August, 2023.

Even my company didn’t intimate me on the same and i was told to stop working on 29th August, 2023.
So I wanted to know whether I can re enter USA with a new job ?
If not what are the other options to re enter USA as my H1b is still there till 2025
 
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Returning to the U.S. for a family-based green card: Emergency AP, green card approval, and timeline concerns

Timeline to return to US: GC approved while abroad/Enroute on Emergency AP

Family based GC applicant.
Emergency AP issued on 01-DEC-2023 valid up to 01-APR-2024
Applicant boarded flight to India on 5th DEC 2023
485 approved on 6th DEC 2023. Beneficiary still in the flight at the time of approval

There have been several forums / questions which mention that they can come back either on AP (including Emergency AP 512L) or can come back on GC (if able to safely receive abroad). Most seemed to be short term travel so majority was more of a concern on the validity of AP.

My question is more on the timeline on when they can return.

1. If we they return prior to 512L expiration date, I think either AP or GC would not matter.
2. If they return after APRIL 1, 2024, say in May / June? and assuming they are able to have the GC in hand, would it matter? and be, ok?
3. Also, assuming # 2 above is ok, would it be fine if the travel back to US is AFTER 6 months of stay but less than 1 YEAR ?


Thanks
 
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