Recording for February 15, 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. Whether you are 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: February 29, 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

 

[ShraddhaShetti]

FAQ: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport

My friend's F1 visa was recently revoked, and he was forced to return to India because his first employer had been placed on a blacklist. Also he has applied for an OPT extension which will provide him with an updated EAD, but we don't know how this would affect the process of getting the New EAD. He is working with a firm on a contract job now, but the end client which is a state gov company is considering him for Full time and can sponsor him for H1B. His old EAD expired on 9th of January. He was traveling from India to the States on 4th of January and was sent back. Questions: Is there any way that he could reinstate his Visa? Can the compnay sponsor H1B directly, if so what documents would the company need? If the H1B is picked, when can he travel back?

 

[Gme]

Leaving H-1B sponsor & staying outside the US: Can EAD/AP alone allow re-entry?

Hi Rajiv ji,

Background:
1) Working on H1B visa for same employer since beginning ,valid visa stamped till Jan 2027
2) i140 approved in EB2/EB3 with PD in 2014 and have approved AP/EAD valid till Jan 2029

I have a 1 years non-compete with my current employer who is the sponsor for my H1B visa and all approved i140 and i485 pending applications.
As per my non-compete my employer will pay me monthly base salary till the end of non-compete period

Questions:
1) If i leave my job say Mar 1st 2024, will my H1B be revoked from 1st Mar or 1st May 2024 (after 60 days) or will my H1B status be valid even during my non-compete as my employer will be paying me the salary.
2) If H1B is valid till end of non-compete , can i travel outside US and come back on H1B during that period instead of using EAD/AP.
3) If H1B is not valid as i left my employer , can i travel outside US or stay outside US from Mar 2024-Jan 2029 and enter based on my valid unexpired EAD/AP.
4) As i have approved EAD/AP till Jan 2029 is it required for me to be working in US or be staying in US during that period.

Thanks

 

[Sai_yssd]

Expedite I-130 review for marriage green card with recent documents (SSN, driver's license) and part-time job

Hi Rajiv ji,

I am currently enrolled in a STEM course under an F1 visa and submitted an I-130 petition for a Green Card through marriage on December 15, 2022. As of January 2023, the case status indicates that it is actively under review by USCIS, "my progress tab" states that the case is taking longer than expected.

During the period from December 2022 to the present, I have obtained additional documents such as my Social Security Number, driver's license, and secured a part-time job at my college. Would like to know whether uploading these supplementary documents to my case would potentially expedite the review process, or if it is advisable to leave the case unchanged at this time.

I would appreciate any additional suggestions or insights you may have regarding my situation.Please suggest.

Thanks for your time.

​

 

[rmodi]

FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

Hello Rajiv Ji!

I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and need some guidance.

1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

2) Can I have more than 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

3) In the future, if I want to file for concurrent or full time H-1b through the new company, is it difficult to get it approved, if me and my brother are the partners of the company?

4) Once I am on H-1B visa in this new company, can the company file for my green card in EB-1 or EB-2 category?

5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee Based Green Card such as being E-Verified or having atleast few citizens before hiring non citizens?

Thank you!

 

[Hrz1]

FAQ: National Interest Waiver standards; AI list of critical and emerging technologies focus

Hello Rajiv sir,
thank you for helping me and the community

Can having an MS in STEM degree with AI focus and an intention to create high impact with it for US along with a plan for it, be enough for NIW?
Or would more qualifications typically be needed even at the current stage?

Thank you!

 

[Kumar_N]

Grace period after layoff? Unused EAD & H-1 extension complication (I-485 pending)

Hello Rajiv sir,
Thank you very much for your help.

My Company filed I 485 for me in 2020. My current EAD and AP are valid until 2025. I went to India in 2022 and returned on AP. But after that, I filed my H1 extension through the same company. So I have not used my EAD yet. Now I got laid off from my company.

1. Will I get a 60-day grace period because I didn't use my EAD and continued on H1?
2. If I don't get another Job in the next 60 days, can I continue on EAD without any job?
3. Will there be any problem if I don't have a job on EAD for 3 to 6 months?
4. My understanding is that as long as I have an I 485 J by the time they call for a GC interview/RFE, that should be fine. Am I correct?
5. Can I do a part-time job on EAD while searching for a primary job?

 

[dhamaleanuprita]

FAQ: OPT EAD errors and typos: Eligibility for resubmission or renewal strategy?

Hello Rajiv Sir,
I hope you are doing well!

I've graduated in May 2023. I'm currently working with an NGO and looking for a job. USCIS sent me my EAD with a wrong photo (typographical error) in August '23. I sent it back with correct photo and they sent me another EAD with a wrong photo in Jan '24. I also made a case on Ombudsmun, but they weren't able to assist me.
Can I apply for a new EAD? (I've passed the 60 days after graduation period)
or should I use the EAD that's already there with me (with a wrong photo)?
or I can wait until EAD renewal and get EAD again


How should I approach this situation?

 

[dhananjaysingh]

FAQ: How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays

Hi Rajiv Sir -

Could you analyze the following situation from a H1b 6-year Max Out perspective (No Approved PERM or I-140).

1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.

My questions are:

1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?

2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?

3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?

4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?

Also, how does USCIS keep track of all this? Is it the responsibility of employee to make the case to USCIS and claim time as "Spent in H4 Status"?

Thank you for your insights.

 

[Indiedoer]

Early start for cap-subject H-1B transfer? Options after lottery and application

Hey Rajiv sir,

How are you? Thanks for the time in the community forum.

Background:
I am on H1b cap-exempt visa and looking to transfer to an H1B cap-based visa.

Questions:
1) What ways can I start working for the new employer before Oct 1st and after I get picked in the lottery and my paperwork has been filed with expedition?
2) Can I work on the receipt of the lottery acceptance, paperwork filed, and change of status approved?
Thank you.

 

[KR07]

H-1B eligibility: Impact of prior L-2 and L-1A visas on duration of stay

Hi Rajiv,
Hope you are doing well.
I have a question on H-1B. I am on L2 Visa and it has been around 5 years on this status. My spouse is on L-1A (This was L-1B to L-1A conversion, EB3; In May this year he shall be completing 5 years; and extension is due in May 2024). If i get picked up in H-1B lottery this year, and if all goes well and i file my H-1B and get successful, will i be eligible for 6 years fresh stay? Or 6 yrs minus the stay as L2? Same for my spouse, he is also applying for H-1B, if he gets selected, will he be eligible to start 6 years duration when he gets H-1B? Note: His i-140/ green card application was filed by his current employer around 2 years back.
Thank You!
Regards

 

[xyz1]

Can NIW green card holders use AC21 for job changes?

Hi Rajiv,

1. Is AC21 applicable for NIW green card?
2. If yes then, in the new job is it necessary to do the similar work i.e. similar research or development for which the NIW was granted?
3. If couldn’t find a new job or found after long time, then can I-485 still be approved?

Thanks!