Recording for June 15, 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: June 29, 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

 

[shaqiqr]

Seeking immigration to the U.S: Assistance for spouse of a U.S. citizen returning from Bangladesh

Hello I’m Shaqiq from Dhaka, Bangladesh.

I have a query my wife is a US citizen but as her parents did not stay in US, so she had to come back to Dhaka, Bangladesh. Where she did job and studied. Now, she’s married and she wants to go back to US with me.

We want to settle now in US. What will be the process now and how your law office can help us with the process. Unfortunately as she did not work in US, so was unable or unaware to file tax in US. We have our cousins in US who are US Citizens and are wiling to sponsor me.

What will be the process now.

Thank you in advance

 

[anurag27397]

H-1B NOIR (Notice Of Intent to Revoke) impact on H-4 Visa, H-1B status and future employment options

Hello Rajiv,

I find these session so helpful and informative.
I am on H1B status currently. I went to stamping in India and got NOIR after interview the same day. My employer received the NOIR and they said it is something related to info on LCA but not shared the NOIR notice with me. They already responded to NOIR.
Currently I am in Canada on visitor visa and have my H4 interview scheduled in August 2023. My spouse already has i140 approved and was thinking of going to USA on H4 and then apply for H4 EAD with spouse's H1B amendment (premium processing).
Is this a valid route? Will having H1B NOIR affect my H4 stamping? What will happen to H1B since NOIR is still in progress after I switch to H4 visa? Will my cap be preserved if I want to switch to H1B in future?

Thank you so much!

 

[Raviteja]

Discrepancy in Employer Name I-797: Legal and trade name combined.

Hello Rajiv ji,

I am a Full-time employee and had my H1B approved in 2022.

My employer's legal business name is XYZ, and in another state, we operate under the trade/doing business name DBA ABC since our legal name is already in use there. On my I-797 approval notice, both names are combined and listed as XYZ DBA ABC (Long name). However, on all my paystubs, offer letter, Official website, and employment verification letter, only the name XYZ is used. When completing my DS160 form, I only included the name XYZ and booked my appointment without being consistent with the name on my I-797 due to character limitations on DS-160.

Will this create any problems during visa stamping or POE? If yes, what are my next steps?

I really appreciate your guidance.

Thank you

 

[suraj10]

Consequences of not filing AR-11 for H-1B change of address and potential impacts

Hi Rajiv ji,

I am on h1b and moved from one state to another state. It's been 10 months and I have not filed AR-11 for a change in address.
1. Does this issue come under h1b misinterpretation?
2. What are the consequences of not filing AR-11 for this long?
3. Will this impact my h1b extension?

 

[nashguy9]

Denied I-485, I-131, and I-765 applications: Next steps and options for resolution

Hi Rajiv Sir,
Need your suggestions based on your experience:
I filed for i-485, i-131 and i-765 at the same time around Sept, 2022.
Then got the biometric appointment for the below dates:
1. Oct 18th 2022 (Received very late so could not make it)
2. Dec 6th 2022 (was out of USA for emergency so had to reschedule)
3. Dec 23rd 2022 (was out of USA for emergency so had to reschedule)
4. Jan 9th 2023 (ASC was closed for construction work)
5. Jan 31 2023 (ASC was closed for hazardous weather - snowing) : here I have not reschedule the appointment seeing the instruction from USCIS site, it's USCIS job to reschedule since the ASC was closed Then in Feb I got the I-131 denied stating NOT appearing for Biometrics.
My attorney suggested not to appeal rather file a fresh i-131, which we did.
Later on my i-765 and at last my i-485 was denied for the same reason on March 22, 2023.

Now, we had to file the appeal/motion on Apr 3rd 2023 stating, it’s not my fault since the ASC was closed on Jan 31. The latest update is dismissed ‘Appeal/ Motion was Dismissed’ Your case remains denied.
As per the notice sent, USCIS is unable to approve your motion for the following reason (s): The evidence you submitted with this motion doesn’t overcome the reason (s) for the detail of your application or petition.

Please suggest the next steps in sequence:
1. Reaching to Ombudsamn offce
2. Reaching to USA Senator / Representative
3. Lawsuit against USCIS.

Regards,
Nachiketa

 

[prempathak]

Immigration status scenarios for primary and dependents: AP (Advance Parole) , H-1, H-4, and I-485 pending

Hello Rajivji,
I have couple of question. We have our 485 pending and got EAD and AP.
1) If primary used AP to enter US, but continue to use H1 as work authoriazation. In this situtation can dependent use H4 to enter the US or they also need to use AP because primary is on parolee status.?
2) If primary is on H1 and dependent enter on AP and than primary change job using change of status (H1), can dependent extend their status to H4 again or they need to go out and come back on H4 visa?
3.) When I485 is pending for both primary and his spouse, can dependent spouse change the status from H4 to H1 and than primary change the status from H1 to H4? Or this will violate pending AOS and can cause 485 to be denied?

Thanks.

 

[Vaibhav31]

Working for multiple employers: Exploring O-1 visa and H-1B options

Hi Rajiv ji,

I'm currently working with employer A on H1B. and would like to work for another employer B parallelly.

1. If I do not want to do a concurrent H1B, can I apply for an O1 visa?

2. Can I use an approved O1 visa to work for employer B, while parallelly working for employer A on H1B?

 

[mikep2023]

EB-2-NIW eligibility for a Canadian citizen with Indian background, IT experience, and diverse professional background

Hi Rajiv,

I have a question on EB2- (NIW).

I have done my Bachelor in Computer Application & MBA from India.

I am a Canadian citizen but was born in India. Worked in IT ( Salesforce Consulting) for the last 5 years & before IT domain I worked in Sales/Bank etc.

I am curious what is the chance of a person like me to apply & approval for EB2-NIW ?

Thanks,
Mayank

 

[intstu]

Traveling outside the U.S. for H-1 visa stamping with H-4 spouse in the U.S.: Considerations and potential 221(g) delays

Background:
H1 and H4 is valid till Dec 2025.
Due to some family matter I (H1) need to travel to india.

Question:
Can H1 alone travel outside US and perform dropbox stamping in india, while H4 (spouse) remains in US due to kids classes and all?
I have seen folks getting query to submit H4 passport or visa stamp in 221g.

Your 2 cents :
1) by law is this allowed?
2) even if it is allowed by law, does this have high chance of getting 221G due to the reason spouse (H4) in US and can get delayed under 221g?

Thank You

 

[aruna.kumari6]

H-1B transfer with pending H-4 Change of Status and EAD: What are the implications?

Hi Rajiv,

I am on H1B and applied for the H4 change of status and EAD together, awaiting approval.
Recently I got a new job offer and my H1B transfer is approved with the new company and will be joining soon.
As my H4 and EAD petitions are still in pending status, what happens if they get approved? I would like to continue on H1B, what do I need to do with H4 and EAD petitions? Can I continue to work on H1B even after H4 and EAD are approved? If not, what are the next steps to continue on H1B?

I really appreciate your guidance here.

Thanks,
Aruna

 

[Aansari]

Potential consequences of submitting multiple H-1B filings on STEM OPT and the approval process

Hi Rajiv Sir,

I am on my STEM OPT.

Situation 1. From July 2022 - till date I am working with a consulting firm which agreed to register in H1B this year. (Result -> Picked in the Cap). Last week my company filed my petition and waiting for the receipt.

Situation 2. And parallelly, I was interviewing with other consulting firms in Feb/March 2023 and got an offer from a consulting firm in March with a start date of 8th May 2023. They also agreed to file to the H1B in 2023. (Result -> Picked in the Cap)

Which, I did not join but have the offer letter and other documentation of the offer.

My question is: Will I face some issue of NOIR/NOID in the future or any issues in the Approval? As some H1B holders are getting these notices because of multiple filing.

Points to consider - > 1. The above two companies are not related.
2. I have a history of working for multiple employers on my I-20.

Thank You Sir,

Regard,
Ansari

 

[nap8399]

Utilizing advance parole document despite international travel while the I-131 application was pending

Hi Rajiv,

In August 2022, I submitted applications for I-765, I-131, and I-485. Subsequently, I traveled overseas and returned to the United States within a span of two months, obtaining an H1B stamp on my passport.

Despite my international travel, my I-131 application was unexpectedly approved, and I received the advance parole document by mail. I am now uncertain whether I should utilize the advance parole document or refrain from doing so.

 

[eager77]

H-1B location discrepancy: Having H-1B work location in one state and permanent residence in another?

Hi Rajivji,

Can I have my H1 location in LCA in one state where my office is and my permanent residence in other state 3 hours away?
As we have hybrid model I am planning to move to different state and will attend office once in a month.
I will change my licence to new state and update adddress in all my pending 485 to also new address.
Will this cause any issue in my H1 and do I need to ammend it?
Please guide.

Thanks.