Final List of Questions for November 21, 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:
Call Date: November 21, 2024
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

 

[aby.167]

F-4 visa priority date current: Is B-2 visa travel to the USA safe while awaiting a consulate interview?

Hi Rajiv - My mom just received the welcome letter from NVC for F4 family preference visa (siblings). Her Priority date is July 26, 2006 and recently became current in date of filing section on Nov visa bulletin.

She is currently on B2 visitor visa and visited USA 4 times before and no issues ever. Will she be okay to travel to USA after being documentary qualified by NVC and waiting for the interview from the consulate? I see the time between doc qual. by NVC AND interview at the consulate is quite long, around 2.5-3yrs. I'm seeing many people are facing issues by airport officers when their interviews are still pending in the consulates

Can you let me know how much time will the process take from start to end from now until she finishes her interview at Mumbai, India via consular processing currently?

 

[abj423]

Travel risks for F-1 students on OPT with pending PERM application: Concerns over re-entry to the U.S

Hello Rajiv ji,

I’m currently on my F-1 visa, working on Initial OPT (1st year). My PERM application is also in process (labor market test pending). Can I travel to India to visit family or should I avoid international travel as F-1 is a non immigrant visa and PERM could be considered an immigrant petition? Would it create problems at the port of entry while returning to the U.S.?

 

[dp123]

H-1B layoff situation: Managing B-2 extensions, employment options, and transition to F visa

Hello Rajiv Sir,

Asking on behalf of someone .
One of my friend got laid off and now in B2 (From H1B).Now he is in his 1st extension, yet to be approved .(For clarity- 1st filing from H1B to B2 in Jan 24)
1. He is currently interviewing for a company but incase he does not have a job till January 2025 - Is it advisable to file for another B2 extension in Jan 2025 which will be his 2nd extension. If yes, what points to keep in mind while filing?
2.He currently has a job offer in India so can he work for that employer from US till he gets a job here?
3. Can he volunteer for any organization in India/US so to show experience as a gap of 1 year in resume maybe creating issues in employability.
4. Lastly, his wife may get a fall 2025 admit for Masters , and I20 by January next year so can both stay in US from Jan till her classes start in September on F visa. She is currently on B2.

Thank you for this initiative .It is a huge help for people like us.

 

[agha63106]

Impact of new Presidency on H-1B layoffs: Visa status, job search, and legal concerns

- After new president in January, will it cause denial for B1/B2 for job search during H1B layoff?

- Can we go and stay in Canada with valid I797?

- Can employee pay lawyer fee and other expenses for PERM based green card?

- Is it okay if consultancy company is doing H1B transfer for their internal project?

- If H1B transfer is denied, can we file B1/B2 immediately to stay in US and find other employer/job?

- On H1B, if laid off from end employer but not from consulting company (company b/w employee and end client), then what happens to H1B status and green card process?

 

[gagan1997]

STEM OPT and International travel: Is visiting India during the F-1 visa first year safe?

Hello Rajiv ji,

I’m currently on my F-1 visa, STEM OPT (1st year). Can I travel to India to visit family in December or should I avoid international travel?

 

[Shivam Gupta]

Resigning from H-1B job for extended travel to India: Reentry, visa stamping, and status options

Hello Rajiv Sir,

I am currently working in the U.S. on an H1B visa, and I would like to understand the potential complications related to international travel for an extended period of time. I am planning to travel to India to address a family matter for approximately six months. However, my employer is not permitting unpaid leave, so I will be resigning from my position before my departure.
I have a few specific questions regarding my H1B visa status and options:

1. Would I be able to return to the U.S. after finding a new job while in India?
2. Given that my current H1B visa is valid for a couple more years, would I need to obtain a new visa stamp to re-enter the U.S.?
3. Is it possible to recapture the time spent outside the U.S. while on an H1B visa?
4. Can I apply for a B1/B2 visa from India while my H1B visa is still valid?

I would greatly appreciate your insights and guidance on these matters. Looking forward to your response.
Thank you!

 

[Priya P]

H-1B visa interview preparation: Overcoming career gaps, employment breaks, and previous B-2 denial

Dear Rajeev,

I graduated in 2009 with a Bachelor's degree in Electronics and Communication Engineering from India. Out of the 15 years since graduation, I have 3.5 years of experience in IT, primarily working with from December 2018 to July 2022. My career has had some gaps due to health reasons, and I am currently on a career break for similar reasons.

Recently, my H1B visa was filed in July 2024 and approved in September 2024 by a consultancy based in Irving, Texas, and I am preparing for the upcoming visa interview. I also previously applied for a B2 visitor visa to attend my own brother's grad walk, earlier this year, which was denied under Section 214(b).

My main questions are:

1. Will my current career break and lack of employment in India impact my H1B application approval, as it seemed to with my B2 visa?

2. Could the career gaps lead to more challenging questions during the H1B interview?


Any insights on how to best address these points in a way that reassures the visa officer would be greatly appreciated. Additionally, if there are specific documents or strategies that could help strengthen my case, I would be grateful for your recommendations.

Thank you in advance for your guidance.

Best regards,
Priya

 

[xyz1]

Career breaks and unemployment on H-1B visa: Impact on visa stamping and 6-year limit

Hello Rajiv Ji,

My questions are:
1. Is it possible to take career break (unpaid leave of absence) on H1B?
2. Does unemployment time spent in home country counts in 6 years of H1B?
3. Will gap in employment make issues in getting visa stamp?

 

[Chandrika2000]

EAD extension eligibility and green card prospects post-divorce for H-1B holders

Hi Rajiv ji,
I am currently using my H1b, but I also got travel card, EAD from my spouse (married for 18years, in USA for 12-13years) awaiting Green card (Priority 2014 oct.)
Due to personal circumstances, I had to divorce him this year Feb and in the meanwhile my EAD got expired. I have asked my Ex to inform his immigration which he did by forwarding the divorce decree.

My question is below and thank you for your guidance.
1. Am I eligible for EAD Extension or has it become void. (Note: My Ex got his EAD extended for 5years newly)
2. Is my Green card a possibility via the Ex's immigration process after getting EAD but divorced.

 

[pavvvi]

Adoption and immigration: Bringing an adopted child to the U.S. on EAD and AP

Hi Rajiv ji, Currently me and My wife both are on pending _485 EAD and AP. I dont have valid H1 at this moment. EAD and AP are valid till 2029. we are married since 19 years but no kids. So we are planning to adopt a infant child from relatives in India. My question is how we can get the child to US?

 

[Reshma26]

F-1 visa status complexity: SEVIS termination, unintentional overstay, and potential immigration readmission strategies under INA § 212(a)(9)

Hello Rajiv ji, I send you my greetings and want to say that I am huge admirer of your guidance within the community.

Background:
I went to the US for my bachelor's in Fall 2014. Everything was going well until Spring 2018, the semester I was supposed to graduate. I had always maintained good CGPA. Unfortunately, due to some serious family issues back home that influenced me a lot, my academic performance was severely impacted, and I received a D in a course, preventing me from graduating that semester.

In Fall 2018, I took a 3-month CPT with a reduced course load and simultaneously applied for OPT, which was approved in April 2019. I started working on OPT, although I still had one course left to complete. I left my job in February 2020 because my OPT was about to expire. I had a 60-day grace period but couldn't leave the US immediately due to the COVID-19 pandemic. At that time, I was unaware of status adjustment options, and not applying for one was among the many poor decisions I made. Ultimately, I left the US in September 2020, approximately 150 days after my SEVIS completion.

I completed my remaining course and graduated online in Summer 2021 from my home country.
My questions are:

1. This will be considered an overstay of my I-94 D/S period since My SEVIS was automatically completed in April 2020, after 2 months of my OPT ending. From your experience, will this 150 days affect my future visa chance? Even if I get visa, can CBP check previous overstay and deport?
2. If I apply for a student visa again for a master's program, how should I approach the interview? Or what should I answer in the DS160 question? I understand that students generally do not receive an inadmissibility ban since we do not accrue unlawful presence, nor was I ever officially notified of deportation.
3. If the above concerns are not an issue, that's great. But if they are, will obtaining full funding for a postgraduate program increase my chances of getting a visa?
4. Based on your experience, what would you advise I do? Should I consider applying for another immigrant visa type instead of a nonimmigrant one?

Sorry for making it long. Thanks for your advise sir.

 

[A123]

Potential Trump Administration Impacts on NIW, EB-2, and H-1B visa

How trump’s administration will impact on following:

NIWs approvals? Will it get easier or difficult?

EB2 priority date?

H1B stamping from third country?

 

[Anonymous7]

H-1B employment continuity: Consultancy payroll strategies amid anticipated policy transformations

Hi Rajiv. My situation is that right now I am on H1B and employed on a consultancy company's payroll and looking for a end client project, and I want to know that will it create problem if I do not find a project by January 2025 when new policies are expected? If yes, then how to avoid those issues? Thanks.