Recording for February 23, 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: March 09, 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
 
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FAQ: H-1B visa cap exemption - How does the 6-year rule work?
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Hi Rajiv Sir,

Thanks alot for helping out this community!

I got a h1b approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?

Regards,
Sanjay

--------------------FROM janakagrawal-------------------------
H-1B extension and the right time to apply for a green card

I had I-797B with Infosys valid from Oct 2008 to June 2011. Before it got expired I had changed job to cognizant and I had I-797A with cognizant valid from Jan 2011 to Aug 2013. I had to return to India in September 2011 and I am in India since then.

Recently I applied for H1B again in cap exempt category with new employer and my petition (I-797B) approved and valid from Jan 2023 to Jan 2026.

Now my questions are:

1. Once I come to USA, Will I be able to get 3 years extension at the time of Jan 2026?
2. After coming to USA, how soon can I file for GC?
 
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PERM labor certification transfer, filing PERM using the experience gained with a previous employer, filing employment and marriage based green card concurrently and does the U.S. monitor temporary visa and green card holders?

Hi Rajiv Sir,

I am working at company A, now company A has acquired company B and me & my job got transferred to company B. So, my questions are:
- can I continue my current PERM that is filed by company A without restarting whole process with company B?
- the experience and master's I gained during working at company A, can I use that in PERM at company B?

- Can we file both employment and marriage based green cards simultaneously? If got both, which one will be valid?
- are visa and green card holders monitored by U.S.? If yes, what are precautions for those people?

Thank you
 
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FAQ: Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?
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Hi Rajiv,
I recently renewed my green card EAD; the first EAD card expired on 04/2019. I had filed for renewal before the expiration. The USCIS provided a 540-day auto-extension based on the renewal application. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023.
The new card is valid from Jan 2023 till Jan 2025. Will having EAD Cards with gaps in the start and end dates cause an issue?

Thanks
 
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Does having a U.S. sponsor increase your chances for an F-1 visa?

Hi Rajiv Sir,

I'm on an F1 visa and my parents want to sponsor my green card but they do not work/earn. What are my options?
 
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How does the L-1B 60 day grace period work? Will having a Canada visitor visa help?

Hi Rajiv Sir,

I am currently on an L1 b visa and got affected by a recent layoff that happened in January mid, I am trying to check if is there any possible way to get a new job in US or Canada within the 60 days grace period (My last day in the current company will be March 20).In the search, I found an option for applying for a 2023 H1b cap in the coming march through consultancy but even in that I have a problem since H1b visas will be approved only in October, I can't be able to stay in the US for that long period, so that option also seems not feasible, so do you have any suggestion for me to get a new job in US or Canada?


And I have a Canada visitor visa, will that help me in any process?
 
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Can I visit my spouse on a B-1 or B-2 visa with an approved I-130 while waiting for NVC processing to complete?

On 2/4/2023, my I-130 is approved. I am waiting to receive the NVC case number. While my I-130 was pending I visited twice my wife on B1/B2 visa. Can I still visit my wife on B1/B2 after my I-130 is approved while waiting for NVC processing to complete?
 
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Current economic uncertainties - Can I use my EB-2 EAD or F-3 (Family petition) EAD after my H-1B expires and on what EAD can my spouse travel?

Hello Rajiv Ji,

I have filed two I-485 in one is from my Employer (PD- 30 January 2012) and another is from my family (father -F3 category) petition (PD – 20th July 2009)

So based on my I-485. I have got two EADs. My EB2-based (employment) EAD is valid until 12th September 2024.

My Family Petition (F3) EAD (with Advance Parole) is valid until 24th November 2024



My current H1B expires on Feb 11, 2023 (my company didn't file an extension). I will be working on EB2 EAD after H1B expires. With the current economic uncertainty, my company may not continue with me after April 2023.

My questions are as below.

  • Got an offer from another employer for a managerial position (not the same job duties), Should I use my EB2 EAD or F3 (Family petition) EAD? Please advise.
  • If I used either one EAD, then will that affect (or VOID) another EAD?
  • Can I switch between two EADs?
  • If my wife wants to visit India (for a medical emergency), then which EAD is advisable to use? Her H4 visa will expire on 11th Feb 2023.
 
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Can a student on F-1 STEM OPT open an LLC and employ himself, and then file for a H-1B through that LLC?

Hi Rajiv sir,

Can a student on F1 STEM OPT open an LLC and employ himself, and then file for a H1B through that LLC? My friend who is a citizen can take care of the operations. This would be a IT services firm in long term we want o hire more such employees and run their pay roll. Thank you, looking forward to hearing from you.

Additionally, could you please tell if a student on F1 STEM OPT can start a vending machine business or not? is it considered passive or active income?

This would be a true Employer/Employee relationship and I can be fired too.

Looking forward to hearing from you!

Best regards,
Mohammed Mukhtar Ali
 
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L-2 status ends: Change of status to F or E-2 visa and can the company apply for I-485, can spouses L-1 visa extension be an advantage?

Hi, Thank you for this QA.
My situation
I am in L2( L1-dependant ) status, and my company is in the process of applying Green Card for me. my L2 status ends in 2024 May.
As my company might not manage to apply for I-485 before May 2024, I am considering applying for a status change (F or E2).

Question:
1. if my L2 status ends and my change of status to F or E2 is in process, (but not approved yet) can my company apply for I-485?
1.1 Can I withdraw my status change(F or E2) request while I-485 is in process? Or I will consider as an illegal, and not qualified for I-485

2. if My my husband's L1 visa will be extended am I in a safe position? or do still I need to wait until my status extension will be processed after his approval before applying for I-485?
 
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GC filing process on joining day-one with H-1B employer, fees and other procedures

Hello Rajiv Sir,

1) Is it possible that I can initiate GC filing process on joining day-one with H1B employer ?

2) Is it possible that if I proceed with you for GC filing, you can able to accept a bank check from my account or is it necessary that the bank check for GC processing should be from employer. Which one is preferred and reason behind that ?

3) Is it possible to pay the fees as per needed for GC process ?

Thanks & Regards,
 
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FAQ: H-1B layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
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I am on an h1b visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. if not, what are my options?
3. what additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. what does the company that let me go send to the USCIS as documentation for termination of contract?

I would really appreciate any help you can offer!
 
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