Recording for March 09, 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.
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Call Details:
Next Call Date: March 23, 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

 

[nap8399]

Filing I-485 and I-130 for spouse while I-485 is pending

Hello Rajiv,

Below is a timeline of my immigration journey:​

• August 2018: Arrived in the US with F1 visa
• December 2018: Filed I-526
• August 2022: I-526 approved
• August 2022: Filed I-485, I-765, I-131
• October 2022: Started change of status from F1 (STEM OPT) to H1b
• November 2022: I-765 approved
• December 2022: Traveled overseas, got married, and obtained H1b visa stamp
• January 2023: Returned to the US
• February 2023: Wife obtained H4 visa stamp

Questions:​

1. If my wife arrives in the US and a visa is available, can I file I-485 for her? Or do I need to wait for my I-485 to be approved and then I can proceed with filing I-130 for my wife?
2. When my I-485 was filed, the final action date was current. However, it is now June 2018. Will this affect the adjudication of my pending I-485?

 

[ricknim]

H-1B cap exemption and working with multiple employers

Hello Rajiv sir,

I am on a cap-exempt h1 with employer A, in 2021 employer B filed my cap-subjective h1 that got approved. However I haven't joined B. after that, I found a part-time concurrent h1 job with employer C.
Question:
Now, can i use that cap-subjective h1 and transfer that into a cap-subjective part-time h1 with C?
How can I make use of this cap-subjective h1 so that i do not need to go into cap again?

Thanks very much !

 

[coolkid]

F-1 employment with international organization and F-1 entry from Canada

1. While on an F-1 Employment with an International Organization EAD approval, can I concurrently work for another "for-profit" employer on the same EAD if my combined hours are less than 20hr/week during school year and less than 40hr/week during breaks (i.e. summer, winter, etc.)? On your blog you mentioned that I-485 pending applicants could work multiple jobs on same EAD since their primary role is being fulfilled. Does this apply in this case as well?


2. In an F-1 Employment with an International Organization EAD, can I be paid via a contract rather than an hourly wage? I can still say I work less than 20hr/week since I get to set my own hours, but can I get paid via a contract since this is an "internship EAD," according to USCIS?


3. Can I enter the US as a Canadian Citizen via road POE on an F-1 when an I-140 is pending? Does this violate immigration intent?


Thank you so much for your help!

 

[skhan226]

Green card options for F-1 visa holders with non-working green card parents and H-1B cap gap and its implications for international students on OPT

Hi Rajiv Sir,

Q1: I'm on an F1 visa and my parents (green card holders living in the US) want to apply for my green card, but they do not work/earn. What are my options?

Q2: My student visa expires on 16 Feb 2026 and my OPT end date is 7 April 2026. Assuming my employer files for h1b on 1st April 2026 will I be able to stay and work in the country through the h1b cap gap until the start of my h1b (1 October 2026)?

 

[panky111]

Timing and restrictions of F visa issuance for new and continuing students

Hi Rajiv Sir,
My daughter is currently on H4 visa and next year she will age out, so we are planning to convert her to F-1 by traveling to India this summer. I think that DHS is now allowing F1 visa up to 365 days before College start date (which is Sep 2023 for my daughter), so we are planning to appear for F-1 stamping in Jun/July based on availability of Visa dropbox/interview.

So, my question is, that since this is continuation of her studies, can she enter US on F-1 visa more than 30 days in advance (basically, can she enter the US in Jun/July as soon as F1 visa is stamped). FYI - She also has H4 visa stamped on her passport which is valid till Mar 2024. Please advise

I found below on travel.state.gov site

New Students – Student (F and M) visas for new students can be issued up to 365 days in advance of the start date for a course of study. However, you will not be allowed to enter the United States on your student visa more than 30 days before the start date.

Continuing Students - Student (F and M) visas for continuing students may be issued at any time, as long as the student is currently enrolled at a SEVP-approved school or institution and in SEVIS. Continuing students may enter the United States at any time before classes start.

 

[Rutu]

FAQ: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Hello Rajiv,

Hope you're doing well.

Can person on H1B or H4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

 

[bpanks]

Child Status Protection Act (CSPA): Change of status and age calculation for certain adjustment of status applicants

Hello,
I trust all is well with you.

It’s regarding my son who is in the USA since 2012 and aging out in June 2023.
His H4 visa is stamped till 1st June 2023 and I am considering below 2 choices.

1. Without leaving country, apply for change the status from H4 to F1 (Current COS processing time depend on center is 11~19 months.)
2. Go outside of the country, appear for F1 visa interview, and come back on F1 visa. (Nearest F1 visa interview date available in Mexico is in July/August)

Want to know your advise on below-

1. If we go with COS, can he stay on receipt within country after 1st June 2023?
2. If yes, is he eligible for continue his education on COS receipt?
3. If he cannot stay on COS receipt, should I apply for his B1/B2 application within country. Is it a wise decision?
4. Can we apply for COS and B1/B2 visa parallel?
5. Is he eligible to stay within country while both cases are in process?
6. Also, from same university can we get two i-20, one for COS and another for F1 visa interview?

Also please share your opinion and explain in simple language on USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants.

Best,
Pankaj

 

[gauravg2000]

Sponsorship by U.S. citizen child for parent's green card: Household income requirements when the child turns 21

Hi Rajeev

Thanks for helping. Please find my Scenario ,

Currently on H1B Visa with "PD as Feb-2022" , I have my daughter who is USC and 14 Year Old. When she turns 21 , She can sponsor my GC but what are the Household Income Conditions

1. As She will be in College with No Income , Can I consider part of Household and show My Income as Household Income and Get Self Financial Sponsored ?

2. Or I have accumulated 40 Points ( under SSA ) , I can file "I-864W for Exempting me for Financial Sponsor"

3. Or I should work on Creating some Income Revenue for My Daughter so that we can show her W2 of 50K USD at Age 19,20 & 21 ..Like 3 Years of W2

What will be the Best Option or any other option you suggest ?

Thanks
Gaurav

 

[rajuemb589]

Preserving H-1B status by switching to H-4 EAD while remaining on a project

Hi Rajeev,

Thanks for helping immigrants community with this call. My question is

Question:
I want to preserve my H1B by switching to H4 EAD because my spouse has approved I-140.

Currently I am on project, is there a way I can apply for H4 EAD without stopping working on current project?


Thanks
Raj

 

[rathankrish]

Visa stamping options outside the U.S. for F-1 visa with a previous H-1B status

Hello, Rajeev,

After 6 years of H1B, I applied for F1 student status and approved. I never left the United States after entering the country on an H1B visa. I'm planing to go for visa stamping around April. What's your opinion on my situation and chances to get my visa stamped at the Mexican or Canadian border? Please let me know your thoughts. Thank you...

 

[moten]

Reinstating an expired/unused H-1B visa in the cap-exempt category: Possibilities and procedures

I have an expired/utilized H1B stamped (more than 10 years) and I just wanted to know about the possibility to reinstate the expired/unutilized H1B visa, I heard it can be possible and can be reinstated in the cap-exempt category, can you please confirm this? If so how to proceed?

 

[ankit97]

H-1B visa stamping delayed (put on 221(g)) due to gap in employment history mentioned in DS-160 form

Dear Rajeev Sir,

I came to the USA on H1b through a consulting company for one of their direct client of which the joining got delayed as the project went on hold after I arrived. My sponsoring employer did not generate payroll due to this & also gave me an offer letter of the date of joining their another client project.

Now, after 4 years, I traveled to India for H1b stamping & in DS 160 forms, I accidently mentioned the employment start date in "Work History" to the date when I actually joined another client i.e after 3 months of arriving in the USA.

That showed a gap of 3 months of employment in DS-160 & because of this thing, my visa stamping was put on hold (221g) to check about this gap. After a few months, employer decided to withdrew H1b with the fear that the consulate might revoke the visa for not generating the payroll in the past & asked me to transfer with any other firm & come back.​

Questions:
- Was I out of status due to above happened 9 years ago & need to mention "Yes" in DS-160?
- Will I face any issues with H1b/H4/L1 stamping?

Thanks for your valuable time reading the post & helping.

--
Ankit.