Final List of Questions for January 09, 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: 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
 
FAQ: F-1 visa stamping and stamping in third-country; Automatic Visa Revalidation (AVR)
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Hello Rajiv Ji,

I am in the US with an approved COS from B2 to F1 so my F1visa is yet to be stamped on my (Indian)Passport.
1.My STEM masters program is for 9 months and my I20 has a start and end date of 2 years(2026) so do I have to stamp anyhow before the end of 2 years so I can avail the OPT and STEM validity?

2.I might have to visit a family member in Canada sometime in mid 2025 which is after my Masters program has started. Is it advisable for me to go to Canada since I do not have the F1 stamped on my Visa . If I can visit , then will I require a different visa?

3. Is it a possibility that I schedule my F1 Visa stamping in Canada during the visit? or you would advise something different here? or is it better to get it stamped in Mexico?

I can not thank you enough for this wonderful initiative by you . Thank you so very much.
 
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FAQ: H-1B transfer: Managing multiple offers and timelines to avoid future green card complications
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Hello Rajivji
I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from company2 and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if company1 forces me to join?
 
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F-1 student: Business setup and program restart after mid-master break

Hello Rajiv Ji,
I'm an F1 Masters student however discontinued for one semester after one year of the program. What are the options of coming back to USA from India to bring over my company for parent establishment in USA & parallely finish my program?

Also, please share the procedure I need to follow to start company on F1. Should I change my Visa to avoid complexities?

Best
 
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I-130 for parent: Visitor visa travel during pending I-130, any changes under Trump
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Hello Rajiv Ji, thank you so much for this forum!
I am a US citizen. I am planning to file I-130 in January 2025 for my mom currently residing in India. She is planning to visit us in July 2025 (on her visitor visa valid until Feb 2026). Can she travel to US while I-130 has been filed and pending? What additional preparation/papers would she need if this is an issue? I have heard cases of denied entries in similar cases. I thought of postponing I-130 until after her US visit next year but I fear possible slowing down of process under new administration. Please advise what would be the right thing to do since we would like for her to visit us in 2025.
 
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Can L-1A holders or applicants also apply for the H-1B lottery?
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Hello Rajivji,

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

  1. Can I also participate in the upcoming H1B lottery?
  2. Would applying for the H1B affect my L1A petition?
  3. Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?
 
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FAQ: H-4 working in the US on her Indian business
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Hi Rajiv Ji,

My status: H1B + i140 approved (6 months completed)
Wife's status: H4 (applied for H4-EAD in July 2024)

My wife has a small business In India that she operates from here. She is currently in India (has been in India since Nov'24) and is traveling back to US (Jan'25) via Abu Dhabi.

1. Is she allowed to work for her India company in US? Everything she earns is in INR
2. If asked at port of entry, do you work in India, should she say yes or no?

Thank you
 
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H-1B return after PhD: Cap-Exempt options with prior I-140 approval

Dear Rajiv Sir,

I worked on H1B from 2014 to 2021, and have an employer sponsored EB2, I140 approved petition. Because of my interest to pursue Ph.D., I stamped F1 visa and started full-time Ph.D. Now, I am close to completing my Ph.D. in Summer 2025.

Given the following,
1. The H1B I worked from 2014-2021 was cap subject;
2. My EB2-140 was approved in 2018 and I worked until 2021 (my last H1B extension beyond 6 years was approved using the EB2 i140 approval).

Could you please advise on the following questions?
1. Can a new employer sponsor me a H1B petition without going through lottery?
2. Upon my Ph.D. completion, if I work for a cap exempt employer, can I later transfer to a cap subject employer? (As my initial H1B was cap subject).

I am asking this to decide if I can stay on F1-OPT for sometime before moving to H1 (provided I don't have to go through lottery).

3. There is an opportunity for me to travel to a conference happening in the U.K. in July next year (before my graduation). Would you recommend this travel given that I have an approved EB2 i140 and that I must enter back on F1 to complete my Ph.D.? Since my F1 period in 2021, I have traveled and entered twice without issues, but want to ask due to the upcoming change in government.

Thank you.
 
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H-1B with prior L-1B: Spouse options and green card path for a senior controls engineer

Dear Rajiv Sir,

1. I was on an L1B visa from 2019 to 2022 with Employer-1, while my spouse was on an L2 visa from 2021 to 2022.
2. In 2022, I moved to Ireland and began working for Employer-2. In 2024, my H1B application was selected, and I successfully obtained visa stamping 30-AUG-2024 through the U.S. Embassy in Ireland.
3. I have spoken with Employer-3 in the U.S. (whom I previously supported through Employer-1), and they recognized my prior work experience and agreed to sponsor me. I plan to join them in February/March 2025.
4. What are the options for my spouse to start working in the U.S.? She also plans to pursue a PhD—would this be a good path for her?
5. I currently work in the BMS/HVAC industry in the data center sector as a Senior Controls Engineer with specialized skills and I am always at the location of work. Are there better pathways to obtain a green card (GC) for someone in my profession? I have completed both my bachelor's and master's degrees (Specialized/aligns to the work - About 10 Years in the same field) in India.
7. Can my spouse continue to stay/work in Ireland and travel to the US when EAD is approved?
 
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B-2 to F-1 status: Premium vs regular COS during B-2 expiry

Hello Rajiv Sir,
My husband and I are on B2 visa valid till Feb 21, 2025 after getting laid off on H1B. My husband got accepted in a master's program and is going to apply for F1 visa. Should we file in premium processing to keep our status active or can he apply in regular processing - wait time in my knowledge could take months. Can we stay in US while status is pending but B2 will expire while waiting for F1 approval.
The master's program starts in Jan end but USCIS website says we can defer admission to next semester if F1 is pending before start date.
 
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J-1 two-year rule removal: Impact on pending waiver (O-3 holder)

Hello Rajiv Ji,

I am Kirti, currently on O3 Visa (previously on J1 Visa). I had began my waiver for 2 year requirement 6 months ago and i am half way through the process. Recently, USCIS removed J1 2 year residency requirement for Indians. Does this mean that i don't have to wait for the waiver and move to other visas immediately or have to wait till my waiver has been approved.

Thanks,
Vignesh.
 
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Investing while on H-1B/B-2 visa: Legalities and timelines for EAD and AP post I-485 application

- Is it legal to invest in stocks and earn benefit while on H1B / B2 during job search?

- How long it takes to get AP and EAD after applying for I-485?
 
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