Final List of Questions for December 19, 2024 Conference Call

[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 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:
Next Call Date: January 09, 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

 

[xyz1]

I-140 approval, B-2 visa application during H-1B grace period, and I-485 adjustment of status: Non-immigrant intent and NIW progress

- If I-140 is approved and applied for B2 visa during H1B 60-day grace period, will it cause B2 denial since it is non immigrant intent.

- During I-485, does USCIS ask for progress done on approved niw endeavor.

- Is it possible to file I-485 adjustment of status if B2 is pending?

 

[Sven]

Switching from F-1 to H-1B after B-2 approval and managing multiple H-1B COS filings amidst job offers

Hello sir,

My situation - Picked in H1B Oct 23 I-797A, Role terminated in Feb 2024 > Applied for COS B2 within 60 days grace > B2 approved till Oct > Then COS to F1 currently (approved).

I am currently interviewing, will there be any issues to switch back to H1B? COS F1 > H1B ? Given that I have had multiple status changes. I am also concerned if there will be issues if I don't get any offer by Jan 20.

Also, If I get multiple offers, can different companies file for COS H1B? - I am interviewing with 4 different companies right now.

Thank you!

 

[Abu Sufyan]

NOIR for H-1B petition: Level 1 vs. Level 4 wage discrepancies, amendment strategies, and impact on pending I-485

Hello Sir,

I am seeking your guidance regarding a Notice of Intent to Revoke (NOIR) recently issued for my H-1B petition.

The NOIR was issued because my H-1B was approved at a Level 1 wage, whereas the position I currently hold appears to correspond to a Level 4 role. USCIS conducted an on-site visit, during which both my supervisor and I were interviewed. Following these interviews, USCIS contacted my employer and supervisor via email, requesting details about my job duties and description. My supervisor provided the requested job description, and USCIS subsequently identified discrepancies between the approved H-1B petition (Level 1) and the actual duties I am performing (Level 4).

Given this situation, our attorney has suggested filing an amendment and revising my salary. I would like your expert opinion on the following points:

Amendment and Revised Salary​

1. Addressing the NOIR:
   • If my employer revises my salary to align with Level 4 wages and files an H-1B amendment reflecting updated job duties and salary, would this sufficiently address the concerns raised in the NOIR?
   • Is there a risk that USCIS may still pursue revocation even after the amendment?
   • What is the best way to provide a valid justification for the discrepancies identified by USCIS?

Impact on Pending I-485​

1. Adjustment of Status Implications:
   • My I-485 application is currently pending, with a Level 4 wage reflected in the PERM. Could this NOIR or a potential H-1B revocation adversely impact my adjustment of status application?

Recommended Next Steps​

1. Response Strategy:
   • Should my employer prioritize responding to the NOIR with detailed explanations of my current job role, or would filing an amendment be a more proactive approach?
2. In Case of H-1B Revocation:
   • If my H-1B is revoked, would USCIS grant a 60-day grace period to transfer my H-1B to another employer?
   • If the most recent H-1B petition is revoked, can my employer rely on a prior valid petition to maintain my legal status?
3. Exploring New Employment Opportunities:
   • Would it be advisable to seek a new employer to transfer my H-1B before USCIS takes further action?

I value your expertise in these matters and would greatly appreciate your guidance on the most effective course of action to ensure compliance with USCIS regulations while mitigating potential risks to my status. Please let me know if additional information would assist in your assessment of the situation.

Thank you for your time and assistance. I look forward to your advice.

 

[msbhattu]

Delayed travel on H-1B visa: Port of Entry questions and validity concerns

Hello Rajiv,
I am seeking your advice on my current situation outlined below -

I got my H1B stamped in November 2023 from one of the leading MNCs in India but I was not able to travel till today i.e. December 2024. All this while I continue to work for the same employer from India. (My H1B petition validity is till September 2026).

My employer has now asked me to make travel arrangements and I will likely travel in a couple of weeks.

My questions are:

1. Would I be questioned as to why I was not able to travel from November 2023 (the petition approval date) till today, at the port of entry?
2. If so what should my response be? Can I say I had some personal things to sort out in my home country? Or there is any other intelligent answer that I can provide?
3. Does it (not being able to travel to USA immediately after the petition approval date) even matter as long as I have a valid H1B?

Thank you,
Mahati

 

[Nishant1]

Converting H-4 to F-1 visa: Success rates, processing times and part-time work opportunities

Hello Sir,

I am an H4 visa holder and my wife is on H1B with her PERM currently under process.
I intend to convert my H4 to F1 in the US with a view to enrolling myself in a good university besides the prospect of working part time in F1

Would seek your advice on the success rate of such COS from H4 to F1 and the average time it takes to convert.

Thanks in advance,
Nishant

 

[kirandev]

Impact of frequent job changes on US naturalization: Evaluating employer loyalty and compliance with USCIS regulations

Hello Rajiv,
I am a green card holder under employment category, and eligible to apply for US Naturalization next year. I changed my I-485 J sponsored employer after 8 months of getting green card as I got better opportunity with another employer. In the last 5 years, I worked with 3 employers and I am planning to look for a change to another employer. Will frequent change of employers have any negative impact on my US Naturalization process. Do I need to delay my US N400 application submission date to go beyond 5 years. I strictly follow all the norms like timely filing my tax returns etc. One of my friend says USCIS will consider frequent change of employers as not being "moral" to the green card sponsored employer. I changed my employer as frequency of layoffs increased in the last few years across software industry and uncertainty at times forced me to move to another employer with better compensation and higher responsibilities role. Please advise.

 

[Anonymous7]

H-1B to B-1/B-2 COS denial: Implications for future visa or green card applications and required job search evidence for I-539

Hello Rajiv.

If H-1B to B1/B2 COS is denied after many months, then will it cause problem in visa or green card later, because of accumulated unlawful presence starting the day 60-day grace period ended?

What job search evidence should be attached with I-539 application? Would a linked screenshot of submitted application be enough?

 

[deeptanshuj]

F-2 to H-1B COS: Work authorization, H-1B transfer process, and premium processing requirement

Hello Rajiv Ji,
Hope you are well!

I was laid off in April 2024 and decided to do COS to F2 since my spouse is on F1 STEM OPT. My F2 COS was approved in October 2024 and have received the approval notice for the same.
If a potential employer decides to extend an offer; as soon as the new employer files my H1B transfer along with COS from F2 to H1B:
1. Can I start working immediately after the USCIS sends an acknowledge receipt for my H1B transfer?
2. Will I have to wait until my H1B transfer is approved to begin working?
3. Does my new employer have to file my H1B transfer in premium processing?

Thank you so much for helping with this.

 

[fnufnu]

Legal name change in the USA and India: Ensuring consistency across green card and Indian passport

If we change Legal Name in USA while on green card, do we need to follow similar Name change process for India to make sure Indian Passport and green card both gets same new Legal name?

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More details of my situation but question summary above is the key essence

Scenario - indian documents including aadhar, PAN and passport uses only single name and no last name US immigration used FNU first name in this case which is a common thing.

Green card uses no name given as first name instead of fnu (wish they used the fnu as well and make things easier)

I am concerned with green card name not using fnu and I may face challenge because of this difference

Question- can I change my legal name in USA while on green card, most likely Yes
Follow up Question- what happens to my legal name in India and Indian passport. Do I need to apply separate name change for India at same time or one after the another. Or I don't need to update Indian passport which I think is less likely

Thanks for guidance.

 

[dp123]

Security clearance in job listings: Can H-1B and F-1 OPT holders apply for positions requiring TS/SCI clearance?

Hello Rajiv Sir ,

I want to understand what does Security Clearance mean when attached to jobs .Can a H1b/F1 OPT apply those jobs? or only US citizens can apply for those jobs.

say below is quoted in the job "Active TS/SCI .Preferred with an IC Green Badge"

Thank you .

 

[rithikaav]

New US Government on spouse green card process: Timelines and procedures for US citizens

Hello Mr Rajiv,

My husband is a US citizen and I am an Indian citizen currently working in the UK. We have filed our I-130 petition through yourselves in May 2024.

My question is - With new Government taking charge in January in the USA, what is the expected impact(if any) with respect to timelines or process in general for spouse green card for US citizens?

Thank you!