Final List of Questions for April 03, 2025, Conference Call

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member
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 can call in and ask questions or listen to the discussion live. Questions marked as FAQs 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:
Call Date: April 03, 2025
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
 
Dear Rajiv Ji,

I have an EAD and AP which is valid for 4.5 Years. I am in Eb2 Category with priority date of June 2013. I am now applying for H1B Extension and as per company rules it will be normal processing. If there is any issue with my H1B extension will i be able to use my EAD?

Thanks a lot for all your support.
 
Hello Rajiv Sir,
In November 2023, I submitted applications for I-485 and I-130 through my spouse.
In January 2024, I received an Employment Authorization Document (EAD) under category C09. Previously, I was on an F-1 visa that expired in August 2024.
To obtain a valid visa, I have applied for the H-1B lottery through my employer this year and will be my 4th attempt to get picked in H1B lottery.
My question is whether I will be selected in the lottery and, if so, whether
1. filing a petition for an H-1B visa will complicate my permanent resident application.
2. Additionally, I am concerned about the possibility of USCIS approving my H-1B petition if I have overstayed my F-1 visa.
3. Lastly, I am awaiting the results of my I-485 and I-130 applications, which I submitted in November 2023 and for which I responded to a Request for Evidence (RFE) promptly. However, I have not received any updates from USCIS after 500 days.
 
Hello Rajiv Ji,
I am currently working on H1-B and am in the 3rd year of my initial cap-exempt H1-B, which is set to expire in February 2026. I’m planning to travel to India in May/June 2025 and will be going for my first H1-B visa stamping.

Context:
At my workplace, we follow a remote work policy. We only go to the office for in-person events or activities, which typically happen once or twice a month. Otherwise, I work remotely from my home, which is just 9 miles from the office. On my H1-B petition, the work location listed is my official office address — not my home address.

My question is: What should I say if the visa officer asks about my work location or workspace? And if they ask for more details, how should I explain the situation clearly and appropriately? Is this something to be concerned about?

Also, I had one more question:
I often hear people mention the I-94. Is it different from the I-797A? I haven’t received anything specifically labeled as an I-94 from my employer. If possible, could you kindly show how to get it?

Thank you!
 
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Hello Rajiv sir, firstly, I sincerely appreciate your work for the community. I just joined this forum and I have been following your YouTube videos, and they have been incredibly helpful. Thank you so much for doing this for us and giving your precious time.

Background:
I am currently in my sixth year of H1B, which is set to expire on July 27, 2025. My I-140 was filed on July 12, 2024, and I expect a decision soon given the i-140 processing time within 7-9 months. I plan to apply for a three-year H1B extension once my I-140 is approved.

My employer operates as a fully remote company, and they are supportive of my plan to work remotely from Europe starting June 1, 2025, while continuing to be paid on U.S. payroll. I have previously worked remotely from India and Europe for around six months during my H1B period without any issues re-entering the U.S. However, I plan to spend the majority of the next three years (over six months per year) outside the U.S., and I am seeking clarity on maintaining my H1B status, re-entry requirements, and compliance with immigration laws.
​
Questions:
1.) Given that my I-140 was filed on July 12, 2024, and assuming it is approved soon, should I apply for premium or regular processing for my three-year H1B extension? Would premium processing provide any specific advantages since I plan to work remotely from Europe starting June 1, 2025, while staying on U.S. payroll, or should I go with normal processing and apply and wait for the decision while I am outside USA? Perhaps the renewal decision will help before I move out of USA?

2.) What is the maximum amount of time one can spend outside the U.S. each year while still maintaining my H1B status? In one of your previous videos on H1B remote work, you referenced 8 CFR 214.2(h) regarding H1B workers' ability to work outside the U.S. while being paid in the U.S. However, I couldn’t find explicit wording confirming this. Could you clarify where this is stated?

3.) Given the current administration’s policies, are there any concerns with staying abroad for more than six months per year for the next three years while on H1B working remotely with a US payroll?

4.) Can I open a company in Europe to obtain residency there while continuing to do same work remotely for my U.S. employer and receiving my salary in the U.S.? Would this create any H1B compliance issues? How frequently should I visit the U.S. to maintain my H1B status and avoid any re-entry issues?

5.) If I visit the U.S. for only a few days or a month and work from an Airbnb in the same Metropolitan Statistical Area (MSA) as my employer’s address, do I need to update or amend my H1B petition? If my employer undergoes a USCIS site visit while I am working remotely from abroad, what potential consequences could arise, and how should I handle it?

Thank you so much Rajiv sir! Looking forward to your answers.​
 
Hello Rajiv ji,

My question is about International travel during a transition. So currently I have an H1 transfer ongoing and waiting for approval, Once the approval comes in I will hand in my notice for 2 weeks at my current employer. After serving my 2 weeks I will still have a month left over for my new start date with the new employer, In this time can I travel to India for 2 weeks without any issues? Is it risky to travel during the gap period even if I have an H1 transfer approval and a new Offer letter for employment?

Thank you so much and really appreciate all that you do for Immigrants like us.
 
If I am traveling within the U.S. for a few months and do not have a fixed residential or mailing address, what address should I provide to USCIS?
 
Hello Rajiv,

- How easy is it these days to get to B2 extension for job search? Are there mostly denials or approvals.?

- What is the better option between B2 extension and F1 COS.?

- How long B2 to F1 COS could take?

- What if F1 COS is not approved before start of school and it is still pending at the time of start of school?

- If F1 COS is approved few months earlier than start of school then is it ok to stay in USA until school start after few months?

Thank you.
 
Hi Rajiv Ji,

My spouse traveled to India and successfully completed her H4 visa stamping at the US consulate, which is now valid for next 2 years. Prior to her departure, she submitted an I-539 application for an H4 extension with USCIS. However, since she is returning to the United States, she will receive a new I-94 upon her arrival. Given that her I-539 application is still pending with USCIS, I would like to know the process for withdrawing the I-539 application.

We have filed her I-539 application online and it is still pending with USCIS.

We want to avoid any potential conflicts with her I-94 status in case USCIS approves her application after she arrives back in the US (new I-94 that she will receive at port entry and old I-94 if USCIS approves).

Advance thanks for your assistance.
 
Hi Rajiv ji,

The question is regarding my mother who comes on b1/b2 after every 6 months.My father expired during covid time and she stays alone in india.Me and my brother both live in US , he is on h1b and i am on h4 visa. My mom is also suffering from arthritis and not able to walk much.
Is there a way we can extend her b1/b2 instead of sending her back to India.She has nobody to look after and we are under a lot of stress as we are settled here and cant be in india for 6 months.
Kindly guide.
Thanks
Himani
 
Hello Rajiv ji,

I had a domestic violence charge in 2021. I pleaded not guilty, and the case was dismissed in pre-trial with no plea bargain.

1) With the new administration now, how risky it is to travel to India to get stamping? Will the rules/criteria for stamping for people with dismissed domestic violence charge be the same like earlier or will it change in new admin? Or does the chance for getting my visa stamping very low?

2) Also, at the port of entry, I am worried with recent news about deportation, detention.. will this domestic violence incident have any issues for me to enter the country back after stamping? Note: I earlier once entered the US but I had a valid visa at the time and this time I have to get stamping.

Thank you for your guidance.
 
Hi Rajiv sir, I applied for my H4 EAD more than 9 months ago and it is still not approved yet. It was sent to Vermont center. Is it common for it to take so long? Are there ways to check and see if there are any issues? Additionally, how many days can I work with an expired H4-EAD while the renewal application is pending approval. Thanks.
 
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