Recording for September 21, 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: October 05, 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

 

[sadiak]

Options for a career break on H-1B visa with approved I-140 and considerations for H-4, travel, and part-time work

Hi Rajiv,

Currently, I am working on H1B visa and have i140 approved on 7/1/2023. My spouse is also working on H1B.
I am planning to take a break (1-2 yr) from work to take care of my child after I complete 180 days from i140 approval date (probably from January 2024).

What would be my options?

1. I am thinking of switching to H4 from H1B for a couple of years and then getting back to H1B from H4 for a new employer. Is that possible and a good route? Please give some insight on the timeline, like how in advance we need to apply. Will my green card application be affected if I take this break?

2. My current H1B is from Oct-2021 to Oct-2024. If I switch to H4 in January 2024, will my H1B timeline hold? And if I start working after 2-3 years, will my H1B restart from the remaining 10 months of my three-year H1B?

3. As I mentioned earlier, my husband and I, both are on initial H1B and never went to India for H1B stamping. So we still have our old F1 visa in our passport. How easy is it to travel to India during the couple of next years for the above-mentioned situation? Let’s say, I will be on H4 and then we travel India, I assume we both need to visit consulate in India to get our Visas stamped, correct? And will it affect my green card status or future switching process from H4 to H1B?

4. Can I work part time (less than 35 hours) instead of full time on same H1B or do I need to do any more legal process?

We greatly appreciate you.

Thanks a lot!

 

[Hs57]

Considering further education and employment alternatives for F-1 CPT visa holders post H-1B lottery denial

Hello Sir,

I am on F1-CPT and I have never worked on OPT. I started my second masters right after completing my first and started working for a fintech company on day one CPT. My company filed H1B on my behalf this year and I was not selected in both the lotteries. My masters program will end next year in June and I have F1 visa valid till 2025. Could you please let me know if it’s legally possible for me to enroll in 3rd masters program or a phd program and work at the same time if I don’t get selected in the upcoming lotteries?

Thanks you!

 

[Kum33]

Employment changes and I-140 filing in the green card process with an approved PERM labor certification || Employment Changes during the green card process: Impact on PERM and I-140 filing

Hi Rajiv Sir, The employer has electronically filed my PERM labor certification, which has not been approved yet. My current employer is willing to support the entire green card process, including filing the I-140 (since the offer is for future), and has no intention of withdrawing it before the 180-day mark. Is it legal to file the I-140 petition without being continuously employed by the sponsoring employer, or is it legally permissible to change employers before the I-140 is filed without jeopardizing my green card application? Or should the employee be continuously employed by the petitioning employer until an i140 is filed?

My concern here is While filing the PERM, the employer stated that I was working with them, when filing the i140 If I'm not employed by them can employer still continue with approved PERM and file the I140?. or even before approval of PERM, if I switch employers, can my former employee file an I140 petition?

 

[Syed Sabahuddin]

USCIS email notice regarding visa petition processing and NVC contact requirements

Hi ,
My daughter sponsored her brother Indian Citizen in 2009 (Now Canadian ) which is pending. I see following note in USCIS email when we updated his family records "If your visa petition is currently processing at the National Visa Center, do not let more than one year pass without contacting NVC. If a period of one year passes from the last date of contact (by telephone, mail, or e-mail) with NVC, all submitted fees and documents expire. If this occurs, the fees must be paid again and documents must be resubmitted in order to continue the immigration process."
What does it means .We did not keep in touch with NVC every year as petition is not current. Shall be grateful for Clarification.

 

[rehansheikh139]

DS-160 form: Address for H-1B work location - Office or work from home?

Hi,
My H1B case has been approved by USCIS and I've received i797A. I'm filling DS 160 form. My company address is in Seattle, WA but I'm working from home from Greensboro, NC. In the "Temporary Work Visa Information" section of the DS 160 form, it's asking "Where do you intend to work?" Should I put my actual office address in it (Seattle, WA) or my work from home address (Greensboro, NC)?

 

[anushapt1]

Coping with I-94 confusion following recent travel to Canada: Seeking resolution and future steps

Hi Rajiv Sir
I travelled to Canada recently for a weekend with a visa expiring Oct 13 2023 and I-797A approved in Aug 2023 & valid Jun 2026, a new I-94 was not generated at the POE. I still have same I-94 number as before and most recent entry date as July 09 2023 which was for previous travel, though the travel history has the new travel date Sep 04. Because of this the current I-94 online only shows valid until Oct 13 2023 instead of Jun 2026. I requested the officer to update I-94 but he asked me to come back couple of days before I-94 expiry which is Oct 13. I also requested CBP thru email to update validity until Jun 2026, but got a reply saying the below:
Travel to contiguous territory for 30 days or less is not considered a meaningful departure from the United States and does not result in changes or updates to I-94s. Your existing I-94 is revalidated to be the same as before you left the United States. In this case, the I-94 that was revalidated is the one attached to the bottom of your 797. I-94s issued or modified by CIS are not recorded on the public I-94 website. This means you need to ignore the website and rely on what it says on the paper I-94. You do not need to take any additional actions to get the time you are requesting, as that is what is printed on your physical I-94. If you ever wish to have your I-94 changed and then updated onto the public I-94 website from a land border crossing, you will need to request such and pay $6 for the issuance of a new I-94, and it is at the discretion of the officer if they will grant such a request or deem in unnecessary.

The thing is a new I-94 number was generated during my visit in July to Canada, not sure why it wasn't this time in September causing the confusion.

I am thinking to pay $6 and try to get the I-94 updated, what should I do if they do not update? Will I be in trouble? I don't want to get out of status due to this confusion.

 

[immi254]

I-485 employment-based adjustment of status interview pending: Balancing relocation plans and interview attendance

Hello Rajiv,
I recently received notification that my I-485 Employment based Adjust application is ready for interview, haven't received the letter yet., My house closing is within a week and I am planning to move to another state in a weeks's time. Will I still be able to attend the interview? Should I post-pone my move?

 

[ej9927]

Visa solutions for relocating to the USA for business purposes: Seeking alternatives to ESTA for sustainable work arrangements

Dear Rajiv,

To keep this as simple as possible, the CEO of a company has asked me if I would like to come out to the USA and work directly with him. I live in the UK and would like to get out there as quickly as possible. The CEO has asked if it would be possible for me to come out on an ESTA and work for my own company registered in the UK and vacate the US every 90 days and return after a weekend. For me this seems risky and unsustainable.

What would the best visa option be? I don’t have any university degrees but am set on emigrating, could you suggest a plan of action for this please?

 

[dev299]

Immigration considerations after expungement of retail theft charges: F-1 STEM extension, H-1B visa, green card, and port of entry issues

Hello Rajiv Ji,

In 2022, my partner and I were charged with a retail theft summary offense (CC3929) of $149 and criminal conspiracy (CC0903) in Philadelphia, PA. We were arrested, fingerprinted, photographed, and given a citation copy with a court date. Considering we had no priors, our criminal attorney was able to get the case 'withdrawn' before our court date, after a few hours of voluntary community service. Our charges have been expunged as of May 2023.

I am currently on an F1 visa, and my partner (unmarried) is on H1B status. We intend to stay in the US in the long term and want to take all the necessary steps to make us immigration safe (when we travel or apply for a change of status). Please let us know all the necessary steps we need to take.

Questions:
1. Will this case have any implications for my F1 STEM extension (for me) or H1B extension (for my partner)?
2. My partner's company is willing to sponsor her for a green card. Will there be any issues with processing her application, or is there a risk of denial? Would it be easier for her to extend her H1B visa or would it be better for her to apply for a green card?
3. If we have to travel, what should we expect at the port of entry when we re-enter the US? Will my partner and I face different consequences depending on our visas? Do we need any waivers?

We have spoken to immigration lawyers before who said this citation is classified as Non-CIMT under Pennsylvania State Law, however they haven't had enough experience handling similar cases in the past. Does your firm and lawyers have experience dealing with retail theft cases from a federal perspective so we could schedule a consultation?

 

[permaudit87]

Name change evidence for Form N-400: Options when legal documents are unavailable

I am filling up form N400 for my mom and i have a question regarding name change evidence that they are requesting: Below is the name change related evidence been requested that is from the N400 instructions form:

Name Change(s). If you have changed your name at any time, bring the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, name change petition, or other official record if you ever changed your name

My mom does not have any of the above documents. Her name is different from the name on the birth certificate as a result of her marriage to my dad but she has no such legal document proving the name change. What evidence can I upload instead?

 

[msdr]

Green card holder's stay in India after EB-1C category: Duration and residency requirements

Rajiv ji thanks for Amazing Forum and community.

I'm interested in understanding the duration of stay allowed in India (generally) after obtaining a Green Card through the EB1-C category. Is it acceptable to visit the US for a few days every six months, or is it necessary to spend at least six months in the US each year?

Thank you

 

[h1_485]

Using paystubs with short-term disability for H-1 transfer during FMLA leave: USCIS implications

Hello Rajiv Ji,

I am currently on FMLA and short term disability. I plan to change my employer (H1 transfer)

-My paystub has a line item which says (short term disability)
-Can the above paystub be used for H1 transfer, will uscis have any issue.

Thank you..

 

[NikhilZ]

USCIS form G-1450 payment authorization issue: Next steps in the green card application process for parents

Hello,

Iam a US Citizen who has filed GC for both my parents who are Indian citizens.
1. I-130 was filed in Jan 2023 and is in process.
2. Supporting documents for both were delivered via USPS on Aug 5, 2023
a. I -130 receipt(s), b. Medical test reports (Conducted on July 5th), c. I - 765, d. I - 485
However I did not make a payment online using form G-1450 Payment authorization. Thus this document was not included in the above packets.

On Sept 6th I emailed lockboxsupport@uscis.dhs.gov with a request to either reject those documents or let me know if I can make payment online using G-1450 & submit that form as additional document. I got their stock thank you email without confirmation or decision.

Q-1 My question is should I wait for a rejection from Lockbox or USCIS? When is such response expected i.e. Typical duration in days?
Q-2 Should I resubmit all the documents that I had provided as mentioned above and G -1450 proof of payment?
Q-3 Will I have to do their medical examination again before I resubmit?