Recording for May 04, 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: May 18, 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

 

[rajb]

End of H-1B 6-year limit and PERM audit delay: What are my options?

Hi Rajivji,

Hope you are doing well.
I am in a situation

• My H1B 6 yrs. will complete in the first week of August 2023 including my out-of-USA days.
• My company filed the PERM in May 2022. I got an audit and the lawyer responded to USCIS in March 2023. Currently, I am waiting for the Audit approval.
• I am going for the premium processing of I140 after PERM is approved.
• I cannot stay in the US after the first week of Aug 2023 if I cannot get the I140 approved and file for an H1B extension.

In this situation, what are my options?
Should I continue to stay in the US? Or do you recommend I move to India for two months (Mid May 2023 to Mid-June 2023) so that I can extend my H1B for another 2 months and wait for the approval of the audit and I140?
Will staying in the US till last month can impact me in future approvals? If Yes, in case of negative impact, how can I avoid it?

Please note, if I travel to India now, I need to take stamping appointments accordingly so that I can come back to the USA by mid of July.

Thank you for your help in advance.

 

[pratiksonii]

FAQ: Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.

Hi Rajiv,

If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?

 

[NKGokana]

”Case Remains Pending” status from USCIS for an I-485 application with a Priority Date of June 2013: What will be the next step for green card processing?; Eligibility and documentation required while changing employers after filing I-485 application

Hi Rajiv Ji,

My Priority Date Is June 2013, I recently got an update from USCIS for my 485 saying “Case Remains Pending”
We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an Immigrant visa number becomes immediately available to you, we will resume processing of your application.

At present my date is not current, Does this status mean decision has been made or not? I got an RFE for Birth Certificate but provided as much evidence i can and responded and we got this updated status after 65 days of RFE submission. May i know what will be the next steps from USCIS standpoint for cases like mine? Is there any latest news on dates moving forward for green card? Any information that you can provide will be a great help. You have been helping me for many years. Thank you for all the service you have been giving everyone.

One more question - I applied for i-485 in End of September 2022, Its been little more than 6 months since i applied. Am i eligible to change the employer? If so all i need to file would be 485 Supplement J right?

Thanks You so much...

 

[suraj10]

FAQ: H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS

Hi Rajiv ji,

1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?

 

[anushree_kulk]

Managing H-1B layoff in the U.S: Exploring possibilities such as B-1/B-2 visas, H-4 COS, and other ways

Namaste Rajiv ji,

I'm in the US on H1B and got laid off. Including the 60-day grace period and the deferred layoff date, I have until June 30 to find my next job and stay in status. My H1B visa stamp expires in Sept 2023.

My husband is currently working on F1 (day 1 CPT) and has been picked in the latest H1B lottery. If all goes well, his H1B will be filed at some point in May and go into effect on Oct 1, 2023.
Also, his PERM has been filed, pending with DOL with a priority date of Oct 2022.

In the circumstances that I am unable to find my next job before June 30, what are my options to stay in status in the US, such that I be able to switch back to my H1B as soon as I get my job?

-Do I have the option of going on B1/B2 as I continue my job search, and then switching back to H1B when I find a job? What would this process look like?
-Alternately, can I file for an H4 COS before June 30, even if my Husband's H1B is still pending approval/approved, but is effective only on Oct 1? Will I be able to remain in the US with this H4 filing receipt?
-Are there any other options you recommend for me in this situation?

Thank you for helping the Indian diaspora in tough situations!

 

[Vaibhav31]

FAQ: EB-1A EB-1B Evaluating research papers by USCIS: Weightage, first author, and number of citations

Hi Rajiv,

1. Does uscis give more weightage to a research paper than a review/survey paper? or it doesn't matter?
2. Will it be a red flag if I am the only author (no 2nd or 3rd author) on all of my journal papers?
3. Which is better - 4 papers with 200 citations OR 10 papers with 200 citations?

 

[SonuUSA]

H-1B, F-1, and green card considerations for an applicant with a child planning to attend school and college; Can H-1B visa holders legally pursue part-time PhD programs while working in the U.S.?; Legal considerations for H-1B holders earning extra income through teaching or creating YouTube content

Hi Rajeev Ji,
I am on H1B working as Software Application Architect from Last one year in USA.
My Son is 13 years and in 7th Grade and after 5 year to will be starting his College for Bachelor degree.
By the time he will go to college, I don't have any chance to get my GC by that time, even if my company is starting GC process by this year.

Question:
1. When my son planning to go for college for Bachelor he need to move to F1 or can continue to be on H4.
2. When I get GC will he be benefited or he will need to change status by his own.
3. Can I do Part time PHD in parallel, which will again take 5 yrs. so that I can move to Eb1 category - is it legal to study on H1B
4. is PhD is enough to move to Eb1 Cat or any other criteria.

Another Question.
Can I take software classes/teaching in weekend/after office with other institute/consultancy to earn extra. is it legal?
is creating YouTube content about software/technology and earning form YouTube is legal?

Looking for your suggestion.

Thanks

 

[premkalyan521]

Payroll and address change legal implications for green card holder with multiple employers

Hello Rajiv sir , . I got my green card last year though my current employer form Chicago ,IL .

I recently got a new job opportunity, the new job opportunity is from Minneapolis, MN. Both the jobs are full time and work from Home jobs.

Due to uncertainty in the job market I am not sure if I have to switch to this new employer . I would like yo give a try at the new job and if I feel comfortable I will Resign my current job in Chicago,IL

But the problem is I am Going to have 2 different pay stubs from 2 different full time employers atleast for a month or 2 until I fee comfortable with the new job .

While me residing in Chicago ,IL can I get paid from current employer with pay stub as my home Chicago address and my new employer will use my cousins address in Minnesota to run my pay roll for the state of Minnesota. As the new employer is ready to offer work from
Home job only from Minneapolis ,MN


Am I breakign any of the AR11 rules . In future Down the line after 4 years or so when applying citizen ship should I tel that I held 2 jobs and also what if the w2’s have 2 different addresses . Is this going to have any affect on my citizen ship

 

[Good12]

Downgrade from EB-2 to EB-3 and potential layoff

Hi Sir ,

Oct 04-2022 : I 485 filed and I-140 was filed in EB 2 and receipts received on Oct 14 .
Nov 2022 : I 140 approved .
Dec 2022 : EAD received and
March 2023 : Advance parole document received .

In between , on Feb-2023 , we filed a downgrade from EB2 to EB3 using I 485 J .

1) Can I change employer now i.e in April 2023 using my EAD and then file 485 J or its a problem as we did a downgrade ?

2) What happens if layoff happens now i.e before 180 days hit since doing a downgrade .
Am I safe , if layoff happens as I already have an EAD .

Thanks !

 

[Arushi_vYAS]

FAQ: Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT

Hello Rajiv Ji

I hope this message finds you well. I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.

I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:


1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.

2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.

3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.

I am eager to receive your insights and advice on these options. Additionally, I look forward to the possibility of establishing a long-term relationship with your firm. Your expertise and support would be invaluable during this challenging time.

Thank you for your time and consideration. I eagerly await your response and guidance.

 

[Bob11]

Potential risks while traveling abroad with a valid J-1 visa and approved I-140

Hello Rajiv,

I'm in the US with valid J1 visa (no two year rule) and approved I-140 (EB2-NIW), I-485 (AOS) not submitted.
Will I be allowed to exit and re-enter US with my valid J1 visa and approved I-140?
I found online contrasting and opposite opinions, but also positive experiences of people re-entering US with non-immigrant visas and I-140 pending/approved, but I'm still not confident to travel.

Thank you

 

[akeel]

Immigration intent: F-1 visa renewal and spouse's approved I-140 petition

Hi Rajiv ji,

I've been studying in US (PhD) on an F-1 visa for more than four years and I plan to renew my visa soon (my I-20 is valid for few more years). However, I got married last year and my wife is on H-1B with I-140 approved. I know that "immigration intent" is an issue when it comes to F-1, will my wife's I-140 petition extend her immigration intent to me as well? How much of a risk is it to go for a renewal? Are there any work arounds?

Thank you!

 

[pavan214]

FAQ: Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp

Hi Rajiv,

I came to US in Aug 2015. Completed masters in 2017. Started OPT in 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after couple of months employer not responded at all. I I got doubt and found out another job and moved to different company. Later I got H1B and I 140 approved. I am planning to go to India this year August 2023. Recently I found out through social media that company I joined in initial stage of OPT EAD was a black listed company. Most people who joined in those similar companies visa got reject when they go for stamping. I am going for H1B stamping will there be a problem in my case? could you please advise me in this case? Some emergency situation is there i need to go to India. I heard from some friends and social media group out of my research that i can go get stamping done in other countries and then travel to india and can be back to US. Is this safe process or can you please advise anything which can help with my situation.