Recording for July 13, 2023 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 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: July 27, 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

 

[Shawn1818]

Work related trips on H-4 EAD: Options for Canada based residency

Hello Sir

I am H4 EAD and it is valid till 2025. I recently moved to Canada since i got the PR. I do intend to come back to the US after i complete my Canada residency requirements of 3 years.

I still work with the US employer. Can I visit US for my work related trips on H4?
If not, then what would be my options for my work related trips?

Thank You

 

[RG21]

Specifying name on USCIS forms and U.S. documents: Considerations for Indian passport holders

Hello Sir,

I have a question regarding how one should specify their name on all USCIS visa forms and other US documents like I-129 form, I-9 form, driver's license, SSN/tax returns, paychecks etc.

Indian passport lists First and Middle Name under Given Name:

Given Name: ABC DEF (where ABC is first name and DEF is father's name as well as middle name in India)

Should one use passport given name as first name (keeping middle name blank) or split passport given name into first and middle name on these forms and documents to follow how it is in India?

USCIS forms asks for Given Name (First Name) and Middle Name separately, so should one keep Middle Name blank and just specify passport Given Name under Given Name (First Name)?

Thank you!

 

[Rahul_Patel]

FAQ: Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal

Hi Rajiv ji,

Education Background: Bachelor of science from USA - Graduate 2021

Currently, I am holding STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.

Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?

2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? and Once master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?

3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.

Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?

Thank you.

 

[keerthi vemasani]

FAQ: Transfer an approved H-1B selected in the lottery to a new employer before October 1

Hello Sir,

I am in the F1 OPT period and I worked with Amazon from August 2022 to May 2023. My H1B got picked in the lottery this year, and got it approved in June 2023. Currently, I’m in my 90-day period of unemployment, and would possibly get a new job with another employer before it ends.

I don’t want to lose my H1B this year. Is there any way that I can transfer my approved H1B to the new employer?

Thanks.

 

[Akash kot]

EAD card application and new passport issue: What to do and potential implications

Greetings Rajiv ji,

I am Akash Kotadiya on F1 status, recently graduated in May 2023.
I have a question regarding EAD cards.

Situation -
I applied my EAD card on April 18, 2023 for my OPT.
But here is the catch, I got my Indian passport renewal during this period and the new passport was issued on April 12, 2023 but I received the new passport in hand on April 20, 2023, After the application was submitted.
[The Indian Embassy shipped a new passport on April 19, 2023 and it was delivered to me on April 20, 2023.]

What should I do? Is there any application which I should fill for the new passport?
I have uploaded my new passport directly to the portal.
Right now the EAD Application is waiting.
I am worried if they reject my application based on the new passport issue date.

EAD Application date - April 18, 2023
New passport Issue date - April 12, 2023
New passport ship date - April 19, 2023
New passport received date - April 20, 2023


Thank you.

 

[suraj10]

O-1 visa: Sponsorship, duration, and spousal visa considerations

Hello Rajiv,

1. Can I self-sponsor O1 or I need company to sponsor O1?
2. For how long will I receive O1? 3 years at first and then indefinitely in one-year increments?
3. Which visa will my spouse get? O3? Will she be able to work on O3 just like h4ead?

 

[Vaibhav31]

H-1B amendment for change of work location: Approval timeline, Premium Processing, and online tracking

Hi Rajiv ji,

My H1B and LCA are filed for WA location. I have moved to IL now and will be working remotely from my apartment in IL. My lawyer said he had filed for an amendment but had not given any other details.

1. How long does it take for an amendment to get approved?
2. Can we expedite it using premium processing?
3. Is there a way for me to track the amendment online?

 

[Shreyasshs]

Academic suspension and impact on OPT: Seeking advice on EAD Card, OPT, and STEM extension benefits

Dear Rajiv ji,

I'm writing to discuss a serious matter concerning my academic suspension, and I wanted to reach out to you for advice. My intended graduation was scheduled for May 2023, and in February 2023, I applied for my EAD card with a start date of May 15th, 2023. However, during my final exam, my professor accused me of cheating, resulting in my academic suspension until Spring 2024. Recently, my school's DSO informed me that since I will not be maintaining my F1 status, I am no longer eligible to utilize my OPT (Optional Practical Training). Even if I were to depart to India and return, they won't assist me with my OPT application, as it had already been approved by USCIS in the past. My employer has no problem if I start working for them since I have a bachelor's degree. I'm wondering if there's any way for me to cancel my EAD card and save my OPT and STEM Extension benefits. Any advice or guidance you can provide regarding this entire situation would be greatly appreciated.

 

[sakian16]

Staying legal in the U.S. without a job: Green Card processing, EAD and travel

Hello,
I currently have my green card (through marriage to US Citizen) processing while staying in the US on a valid H1B visa. While my I-130 and i-485 are "actively processing", I have a received valid EAD card with AP (through approved I-765 and I-131).

If I lose my current job for some reason, can I still stay legal within the US without a job, and travel back to the US from international travels, while I wait for my green card? Am I forced to have a job in US?

 

[nikranade]

Job change and multiple I-485s: Holding on to EB-2 and EB-3 categories

Namaste Rajiv Ji,

My Situation:
1) Employer A filed I-140(EB2) PD: AUG 2014
2) Switched Jobs. Employer B concurrently filed I-140(EB3) and I-485/765/131. My wife and I Received EAD/AP. Stayed with Employer B for more than 2 years from the I-485 receipt date.
3) I Came back to Employer A. Started working on GC-EAD(which I obtained thru Employer B).
Employer A Filed I-1485J(EB3) as well as a fresh I-485/765/131 using the previously filed I-140(EB2). Received EAD/AP as well.
Interview finished in 485 in Feb 2022.
Now I have both I-485s petitions active and pending(In EB2 and EB3)

Question:
Job change: If I decide to change job and Now that I have both I-485s active(EB2 and EB3), Can I have the new employer file 2 separate 485j's
to hold my spot in both Eb3 and EB2? Do you see any problem in changing jobs?

Thank you sir!

 

[eef]

H-1B to E-2 visa transfer, IT consulting business, and Adjustment of Status

Hi Rajiv sir,

Hope you are doing well and good.

I am a Canadian citizen on H1 status with an August 2017 EB2 priority date. I was born in India, and it appears that it will be a long time before my priority date becomes current.

My questions are

1) Can I transfer to an E2 treaty visa while keeping my priority date? Can I apply for a visa at the point of entry, as I did for a TN visa a while back?
2) Can I start an IT consulting business and provide consulting services while on an E2 visa?
3) What are the different options and risks of applying for adjustment of status while on an E2 visa once my priority date becomes current?

Thanks a lot

 

[ajay508]

PERM filing with overlapping employment dates, material misrepresentation and including experience in application

1. I worked for two companies at at the same time (51 days overlapped) for two USA companies while I'm sitting in India( No concurrent H1B was filed.) Is legal to file the PERM with these conflict dates.
2. I have worked for two companies sitting in outside of USA( started 1 Month before in second company while sitting outside of USA) at the time of i-140 filing and 1 Company information is not included in the PERM application. Was it material miss presentation for USCIS.
3. I have 10 Years experience, If my PERM position requires 1 Year experience, DO still need to mention all the experiences in my PERM application.?

 

[arpitarathore]

Legal stay and work after H-1B 6-year limit: I-140 processing, H-1B to B-1/B-2, H-1B to F-1(CPT) and PERM approval timeline

Hi Rajiv,

1. I am on H1B visa and I finish my 6 years on oct 2023. Currently my I140 is in process, its on requirement step expect to file perm in July 2023. Question: What are my options to legally stay and work?
2. In the meantime can I move H1 to B1/B2 and come back to H1 after I140 approval?
3. Can I do transferred H1 to F1(CPT from Day one) to H1(after 140 approvals)?
4. How much time it can take to get PERM approval, if its file in July?

Thank you so much!