Recording for March 14, 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. Even if you are not a forum member, you are welcome to call in and ask questions or listen to the discussion live. Questions marked as FAQ will be addressed first, and these FAQs 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: We answer posted questions and follow-ups first.
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Call Details:
Next Call Date: March 28, 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

 

[FNC]

FAQ: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card

Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?

Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?

Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?

Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?

Q5. If I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card, are both things considered the same, i.e., filing a J supplement and leaving the green card in terms of consequences or future issues when it comes to citizenship/renewal? Or is one thing less risky compared to the second thing?

 

[FNC]

FAQ: EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role

Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences?
And how do we go about navigating this process?

Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AoS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card?
And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues due to this?

 

[newquestion01]

FAQ: H-4 EAD or otherwise & Remote Work for Indian Company: Legality and Considerations

Hi Rajiv sir,

I have h4 ead. However, I have not yet found a relevant IT job. Can I take up a remote job offer from one of the Indian payroll companies? is it allowed legally?

Thanks

 

[Kumar_N]

FAQ: Staying in and Working from Home Country with Long-Pending I-485

My I-485 is pending, and my PD is from October 2014. So, it will take a while for my case to be adjudicated. I have an EAD and AP that are valid for five years.
1. Can I go back to India through the same employer, work for 2 to 3 years, and return when my case is current?
2. Can I convert my case to consular processing and go back to India, but can the derivative continue working in the USA until my case is adjudicated?

Pending I-485 (PD 2014) with Long Absence (Travel on AP, Job Change, Impact?)

========++++++++++++++FROM GME+++++++++++++++==========

Hi Rajiv ji ,

I have a pending i485 application with PD 2014 and EAD/AP valid till Nov 2028. I was working on H1B and left my job in December 2023 and moved back to India.

1) As i have EAD/AP valid till 2028, can i travel back to USA say after 3 years using my unexpired AP ? Any issues that could come up at POE due to longer stay outside US?

2) Any impact on my pending i485 if i am staying in India till my dates become current ? i.e Not using EAD or working/staying in USA.

3) I am planning to move back to USA when my dates become current and file i485j either with original employer or a new employer in similar job category as approved i140. Any issues with this plan that could impact Green card approval.?

Thanks

 

[msdr]

Relocating with Pending EB-1 Green Card Application (I-485) and I-140 Appeal

Rajiv Sir, I want to express my gratitude for the wonderful community and forum you've created. It is very helpful.

I have a question: Can petitioner relocate while I-485 application is pending, and file AR-11. The I-485 application is associated with EB1-C 140, and there is a pending appeal (I-290B) for the I-140 EB1-C.

Please let me know that the pending applications / Peitions will not be affected by the change in address.

Thank you

 

[varmak]

US Citizen Returning with Expired Green Card Spouse (SB-1, B-2 Visa, Sponsorship)

Expired Greencard
I am an US Citizen since 2010 (by Naturalization) and my wife was on greencard and never taken citizenship eventhough she was eligible along with me. We moved to India in 2013 with I-131 for 2 years (Expired on 01/11/15) and she has not travelled to America since 2013. I plan to move back to USA with her and below are my questions?
1. SB-1 Visa: Am I eligible to apply for SB-1 Visa for her? We can not justify my extended stay outside USA.
2. Can I surrender the expired greencard and obtain B2 visa for the time being? If so, can I do it from Hyderabad, India Consulate?
3. Can I sponser her the Citizenship while I am in India?

 

[SamSingh01]

Canadian Citizen with Approved EB-2 I-140 (H-1B): H-1B Renewal & EB-1 Transfer Options

I had an H1B visa and an approved I140 (EB2) on my Indian passport. Now I live in Canada and became a Canadian citizen.
1. Can I still renew the same H1B petition with my Canadian passport with either the same organization or with a new organization? If yes, can I travel back to the US on an H1B petition and apply for the EB2 to EB1 category transfer (I have been on Manager title throughout my stay in Canada - more than 3 years now)?
2. If I travel back to the US on an L1A visa (with my current company), can I apply for GC under EB1 category with an effective priority date from my previously approved EB2 I140 which was applicable for H1B petition?

 

[avinash9]

Using Inactive H-1 Approval with STEM OPT & Two Employers

Approved Inactive Consular H1 transfer while being on Stem OPT with two employers.
I currently working with two employers full-time on stem opt(expires in 2025), last year 2023 March, I had consular H1 picked in lottery for employer A and approved but I want to switch my H1 to employer B now.
1. How to safely transfer my "approved inactive consular H1" of emp-A to emp-B while being on stem opt. Please put some light on the options.
2. If it's not an option to transfer inactive consular H1 to emp 2, I might urge my emp 1 to activate it by adjustment to COS or me travelling outside US and do the stamping. So once emp-1 H1 is activated that way, can I still be simultaneously working with employer 2, and can initiate the transfer process ?

 

[dhananjaysingh]

H-4 COS + EAD to H-1B COS: Impact on 6-Year Max Out

Hi Rajiv Sir,

Currently in a period of authorized stay based on pending H4 COS + EAD petitions. New employer will file for H1b soon. If H1b is approved as a COS and I begin working for new employer, will this time count towards my 6-year maxout?

Once H4 COS + EAD has been approved to "kick-off" the new status and stop the 6-yr clock?

 

[Ankush_pa]

Navigating H-1B Cap-Exempt Visa and National Interest Waiver with New Job Offer

Hello Rajiv Sir,

I am scheduled to graduate in May 2024 and have received a job offer in the State of California. The employer is willing to sponsor an H1B cap-exempt visa for me and has advised filing for a National Interest Waiver (NIW) category visa for future Green Card consideration, offering support in terms of necessary documentation and Letters of Recommendation. I have a few queries regarding this process, and I would appreciate your guidance.

1. During the initial year of Optional Practical Training (OPT), is it permissible to work for a non-E-Verified company?
   
   
2. My employer intends to file for an H1B visa during my first year of OPT. Suppose the H1B is selected, but my OPT expires in May. Since I am unable to apply for a STEM OPT Extension due to the company not being E-Verified, what would be the best course of action? Can I obtain an H1B cap-exempt visa initially for continuous employment and later transfer to a cap-subject H1B?
   
   
3. Once the I140 is approved through the NIW process, is it mandatory to continue working with a cap-exempt institution, or is there flexibility to transition to cap-subject organizations later?

Thank You

 

[immigrant1021]

H-1B Transfer After Grace Period: Feasibility and Requirements

Hello Mr Rajiv,
My Question is about re activation of H1b visa. Please let me know if below is feasible and what conditions.
In a scenario where I leave the job with current employer.use the 60 day grace period and then return to home nation for some time. Then at a later point(while current H1b is still in valid time) get a new employer/job and re activate/ transfer my current H1b to that employer then return to US.
from a visa stand point, need to help in what all is required to execute this. Will there be a need to go through lottery again?, Stamping at consulate again? Else?

thanks for your help.

 

[Indiedoer]

H-1B Cap-Exempt vs. Cap-Based Transfer: Concurrent Work & Employer Notification

Hi Rajiv sir,

Thank you for your community time. I had some questions on H1B cap-exempt and H1B cap-based visas.

1) Case 1: Person X, visa status: H1B cap-exempt

Q1: When this person gets picked into the lottery for H1B cap-based, at what point will her current employer (NPO) be notified? When the new employer file the paper work or when the change of status start i.e., Oct 1?

Q2: If the person decides to work concurrently with another for-profit employer on the H1B cap-exempt visa, does she have to ask her current employer for permission? If not, does she have to notify or will they be notified by default?

Q3: Once she moves to the new company on Oct 1st with H1B cap-based visa, can she still continue to work for the old employer concurrently on the new H1B cap-based visa? i.e., use the new H1B cap-based status to work for both the new and old employer concurrently?

Q4: Any traveling restrictions from Mar to Oct when you are working on h1b cap-exempt to cap-based transfer?

2) Case 2: Person Y, visa status: OPT, Situation: Picked for the lottery with start date in Oct 1st

Q1: At what point is the person allowed to change roles i.e., H1B transfer after the start date? Is there a 60-day or 6 month wait recommended before she switches the role?

 

[waiting.on.gc]

Travel with Advance Parole After 180 Days AOS (EB-2, PD 2014, Job Loss): Permissible?

Hi Rajiv Sir, my AOS is pending 180 days under EB2 category (PD 2014). I have an approved EAD valid for another 2 years on which I am working for my current employer. If I lose my job, can I travel out of the country and travel back to the US on advance parole while I'm unemployed?
Thank you for your help.

 

[Invictus14]

L-1A to Day 1 CPT: Feasibility & Alternative Options for US Stay

Moving from L1A to Day 1 CPT
Hello Mr. Rajiv,
I am currently on an L1A visa and currently working in the US. My company allows travel from India to the US for only a certain period and after that, we must go back to India. I am looking for options on how I can stay in the US. Can you please let me if I can move to Day 1 CPT courses from an L1A visa? Can I go back to India and come back again to join the Day 1 CPT course? Is there any other option where I can stay and work?
Thank you for your help.

 

[Another Software Guy]

OPT Expired, Laid Off, STEM OPT Pending: Grace Period, New Job & Teaching Options

I am on OPT. I applied for STEM OPT, but didn't get approval yet. My OPT EAD expired. I am laid off.
And my company told me that they can show that I am on vacation for upto 1 month, but can't pay me.
My last paycheck would come on 7th march. They said that they could delay the paycheck if needed.
I have 1 month remaining in my OPT grace period. If I get STEM OPT it'll be an additional 2 months.
My doubts:
1. When does the OPT grace period start? Is it after the last paycheck OR after I am officially shown as laid off OR the day I stopped working?
2. Would the 2 months of STEM OPT grace period add on only after I receive the new EAD card? Or would it add on before that?
3. Can I start employment at a new company without the new EAD or do I have to wait for the it?
4. I did MS in CEN. I am on STEM OPT. I know that you need to be under guidance in STEM OPT. Can I take a teaching job (professor) at a school or university?

 

[suraj10]

H-1B Transfer After Layoff (India): Old Stamp Valid, No I-140, Employer Questions

Hello Rajiv ji,

I got laid off while in India and found a new employer who is willing to do an H1b transfer. I do not have i140 approval but my old H1b stamp is valid until September 2024. My questions are:

1. My old employer has already withdrawn my H1B. Does that mean I am out of H1B status? Do I need a new stamping?
2. When a new employer files for LCA, where should I post the LCA? I live in India currently and one needs to put up LCA on work relocation for 7-10 days. (btw, my job will be remote)
3.. Since I am in India, does the new employer have to do Consular processing instead of Change/Adjustment of Status?

 

[Invictus14]

L-1A Extension Approved, Stamping Pending: Applying for Visitor Visa & Interview

Hello Mr. Rajiv,

I had my L1A extension approval done but stamping is pending. I am also looking to apply for a visitor visa as well. Can we submit the DS160 form for both L1A and visitor visa together and attend an interview as per schedule or it must be done one after another (get the stamping done for L1A and then submit DS160 for visitor visa)? Would getting a B2 visa impact my L1A visa?

Thank you for your help.