Recording for May 18, 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: June 01 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

 

[Vamshi Damera]

FAQ: Removing spouse from green card processing

One of my cousins is going thru a domestic violence situation and she would like to remove her husband from in process green card. Her green card is thru employer EB-1, and EADs were issued for both; Advance Parole and I-485 are still pending.

What should be her options to proceed to remove him?

Thank you.

 

[HarishLankala]

Choosing between F-1 and H-1B for prospective students

Hi Rajiv,

Greetings!

My self Harish from India.

I’ve started processing for F1 for Aug 2023 intake and also got I20 and looking for f1 visa interview slots.

In 2023 h1 lottery my petition got selected .

Im in a confusion state through which i need to proceed either H1 or F1

Im thinking like currently keeping f1 process on hold for aug intake and wait until h1 approved. If h1 got denied then i will differ aug intake i20 to December .
I got another suggestion as proceed with f1 visa and step in usa. If h1 hot approved you can apply for change of status and convert from f1 to H1 .

In this suggestion i have few querries.
1. Does above plan works?
2. How much time it can take for change of status?
3. Do i need to travel india for h1 stamping after change of status.


Kindly help me in choosing best route to enter USA .

Thanks in advance .

 

[saifuddinadnan12]

FAQ: Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW

Hi Rajiv,

Can we have multiple employment-based applications at the same time? Like having a pending EB-2 and then applying for EB-2 NIW if we become eligible down the line for NIW in our career?

Potential conflict of interest in EB-2 NIW and regular EB-2 PERM applications

_____________________From____________Vaibhav31

Hi Rajiv,

I plan to file self-petition EB2 NIW this month and my employer will be starting the recruitment process next month(PWD completed) for regular EB2.

If my NIW gets approved this month (NIW is a PERM waiver) and then my employer parallelly files for regular EB2 PERM (requires PERM), wouldn't that be a conflict of interest situation?

Please suggest how to tackle this situation. My company lawyer might not help.

Thank you,

 

[rayumrekhawa]

H-4 EAD eligibility for spouse based on pending permanent labor certification application, the AC21 rule and exploring options for spouse's employment authorization

Hi Rajiv,

Would like to know about eligibility of H-4 EAD for my spouse - based on Filing of my Permanent Labor Certification Application that was filed at least 365 days prior to the date the period of admission authorized under AC21 sections 106(a) and (b) took effect. (Page 7 of 27 - "Instructions for Application for Employment Authorization", USCIS form I-765)

My Perm will be filed in April 2024.
my H1 ends in Oct 2024
my H1 max out in Sept 2025

Spouse currently on F-1 STEM OPT until Dec 2024

Can we file for her H4+EAD after Apr 2024 based on my pending perm (AC21 rule) since my perm would have been filed 365 days prior to my H1 max out date?

Or what would be the strategy to get her an H4-EAD by Dec 2024 (so she can continue her employment)

Thank you

 

[Reetika01]

H-1B status and options to preserve employment

Hi sir,

I work with a company full time. My H1B got picked via consultancy. I want to save my job and H1B. Is there a way out to attain this? I read about multiple employers on OPT and requesting your company to convert you into a contractor. Not sure if these are the only options.
Your guidance would be highly appreciated.

Best,
Reetika

 

[suraj10]

FAQ: What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters?

Hi Rajiv Ji,

If I get convicted of h1b/gc fraud or misinterpretation, and I get a permanent ban from entry, then:
1. How soon do I have to leave the US?
2. What happens to my assets - like my house and money in my bank account? Will that be seized?
3. Can I sell the house and take out money before leaving the US?

 

[prempathak]

Priority dates and CSPA: Implications for son's age lock, F-1 visa and continued stay during L-1A assignment

Hello Rajivji,
Below is my situaiton.
Priority Date: EB2 May 2014 through previous employer.
With current employer when perm approved, I filed concurrent 485 and EB3 140 in Oct 2020.
After EB3 140 approved in May 2022, used same PERM to file EB2 140 and got approval in July 2022.
At that time my date was current under EB2 final action date. So as per USCIS guidance, I did interfile my 485 (Transfer Of Underlying Basis) using EB2 140.
My son is currently 18 and his CSPA age is less than 21 at the time of interfile.
1) Can I consider that my son's age is locked by means of Intefiling? Or should I plan to switch him to F1?
2) Is it possible to get F1 as my son has already his 485 pending.
3) I am on H1 and already in managerial role and My company is willing to send me India office and and get me back on L1A. In that scenario, can my son continue to stay in USA while I am in India for more than a year, and go to college ?

Thanks.
Prem

 

[ns92]

PERM Options: Future employer with approved prevailing wage for a 90% different job​

Hello! I'm currently working for Employer A as a Data Scientist and PERM (filed in 2020) recently got denied due to the issues with the recruitment results evaluation. I don't have an approved I-140 and have 20 months left on my H-1B 6y limit. My current employer is not willing to file another PERM until early next year.
I'm in discussions with a legit potential employer B who is willing to file PERM for me as future employment. I'm planning to join them once my PERM is approved or once I secure a well-paying contract opportunity. However, their attorney is advising me to go with an existing prevailing wage and job ads that they ran for 'Programmer Analyst' role which is substantially different from my current job duties (maybe ~10% match). By doing this, we can save around 1y and directly file PERM. However, I'm not sure if this is okay and if there are any chances for approval. I appreciate you taking time to read this. Please provide me some guidance. Thank you.

 

[HappyJ]

FAQ: Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

HI!
I have received my GC EAD on my dependent bases and am currently on H1-B, but the project will end soon.

Do I still need to maintain H1-B, or if I am not maintaining the H1-B, then I will be on GC EAD status automatically?

If I don't work on GC EAD and take a break for now and then work on GC EAD later after 3-4 months, then will my status still not be in any issue?
Please suggest, and I appreciate all your help!

Thank you!

 

[kayak_NJ]

Travel plans and passport changes: Validity of H-1B and options for stamping on Australian passport

Hi Rajivji,

I am currently an Australian Permanent resident with an Indian Passport. I was in the US for 9 years on H1 and L1 visas and have an I140 approved under EB3 with a Mar 2015 priority date. As I am cap exempt I recently had an H1B approved until 2025 although the H1B is not yet stamped on my Indian passport. In a few months time I would be getting an Australian citizenship and then my passport would change to an Australian passport.

I have plans to travel to the US on the approved H1B in near future after the Australian citizenship is approved. Since I would have an Australian passport then, will my H1B still be valid? Can I get the H1B stamped on the Australian passport? Do I need to get an amendment done etc.
What would you advise in my situation to plan my next steps?

 

[Shawn1818]

Operating an LLC from outside the USA: Feasibility for H-4 EAD holders in Canada

Hello Sir

I am on H4 EAD and I wanted to know if I open an LLC, can i operate the LLC from outside the USA? I will be moving to Canada on PR, so I wanted to open an LLC to rent out my house. Is it possible to operate the LLC from Canada?

 

[abhishektrivedi60]

STEM-OPT EAD Expires Before the visa. Is it safe to re-enter on DAY-1 CPT?

Hi Rajiv Sir,

I am currently on an F-1 visa (STEM OPT). My visa stamp on the passport is valid until June 10, 2024. However, my EAD is set to expire on July 12, 2023, and unfortunately, my H-1B was not selected in this year's lottery. As a result, I have decided to opt for Day-1 CPT. I would like to ask if there could be any issues when re-entering the country since my F-1 visa stamp is valid until June 2024 with my previous master's university and I will also have a new I-20 from the Day-1 CPT university. Please advise if it is safe to travel well before the visa expiration. Thank you.