Final List of Questions for October 10, 2024 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: October 10, 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
 
Hi Rajiv ji,

1. L1A renewal - travel outside US : My L1A renewal is in process as my i129/i797B was till 13th Sept 2024 (L1A visa stamped valid for 2 more years till Sept 2026). I have the receipt for renewal filed. If there is a personal emergency, can I travel outside US and come back on L1A? Or I need to wait for renewal process to complete and get my new i129 (i797B)

2. Post my L1A renewal, I need to process dependent L2. Can I do this myself or better to do it through lawyer. My family is in India.

3. If my company has to hire OPT students for work, can you please point me to the process documentation? My US entity is 11 months old.

Thanks in advance
Abhi
 
Hello Rajiv Ji
Please kindly tell about EB5 1M investment based green card. How long it is taking? Process, Dos and Don’ts, etc. and priority date.
Thank you Rajiv Ji.
 
Hello Rajiv Ji,

I am a construction manager working with a municipal government within the United States. I help in building community centers, parks, buildings and other infrastructure a City generally owns which public use. I have about 5 years of experience, I have a masters degree in my field from a US university but not from an ivy league. I do not have any papers published in my field. What are my chances of approval for my EB-2 (NIW). I am currently on my F1-OPT.
 
Hi sir

I am a flow assurance engineer. I am here on L1B visa with my current employer. My visa expires on 16th october 2025, but I submitted my resignation lately, as I wish to continue in the US and my last working day with the company is 3rd of October 2024. It is not layoff. I checked on the USCIS portal for grace period and it says L1 visa holders are eligible for 60-day grace period. Could you confirm the same? Also if I intend to continue in the US to look for opportunities to work or pursue higher studies, could you help me with available options? I don’t have H1 visa now. Options to continue in the US would be of great help.

Thanks
Meghana
 
I was selected in the H1B lottery this year, and my employer opted for consular processing, which is still under review.
  1. Is there typically a longer wait time for H1B approval with consular processing? I was hoping to receive approval before October 1st.
  2. Once I receive the I-797B, can I change employers by transferring my H1B?
    a. I’ve heard that the new employer can transfer the H1B as consular processing without needing to amend it to a change of status (COS). How feasible is this?
    b. Can the new employer handle the H1B transfer by amending it to a COS?
If neither option is available, what’s the best way for me to work for a new employer without going through the lottery again?

Thanks!
 
Hi Rajiv ji,
My company (company A) has filed for my wife's H4-EAD. My Status: H1-B + I-140 approved (180 days complete)

1. Can I switch to company B (change employer) while her H4-EAD process is pending? I remember you once mentioned that transferring H-1B while H4-EAD is pending can lead to it's denial or RFE as it is in grey area.
2. Once I switch to company B, can company B file her H4-EAD extension using company A's I-140 approval? Is it possible to file H4-EAD extension by myself using company A's I-140 approval?

Thanks in advance,
Prithvi
 
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Hello Rajiv ji,

I am planning to write an ebook and publish on Kindle and similar platforms to improve my chances of NIW or EB1. If I set a price will this conflict with my H1b visa ? I may also market it through my social media and/or paid advertising
 
Hello Rajiv,

My wife is currently in India with an approved H1B visa through a consultancy. Due to a family emergency, she had to travel, and now we are planning her return to the U.S. We are considering two options for her re-entry:

  1. Option 1: She enters on her H4 visa (I am on H1B) and later switches to H1B after finding a job.
  2. Option 2: She enters directly on her H1B but would face a 60-day period to find a job. If not, we would need to activate her payroll with the consultancy, which could incur costs for us.
We prefer Option 1 to avoid the stress of the 60-day job search period on H1B, but the consultancy's attorney is pushing for her to enter on H1B and not H4. He also mentioned that she could complete her H1B stamping in India and stay there until she secures a job, which he’s fine with.

My questions are:​

  1. Can my wife legally enter the U.S. on H4 and later switch to H1B without complications? What is the process, and are there any risks of delays or rejection of the H1B activation?
  2. Why might the consultancy’s attorney be discouraging her from entering on H4?
  3. If she gets her H1B stamped in India and waits there until she secures a job, is this a feasible option? Will there be any legal issues staying in India after stamping is done?
  4. From a practical standpoint, which option would you recommend to maintain flexibility and minimize stress?
Thank you!
 
Hello Rajiv,

I completed my Masters in Dec 2022, and my STEM OPT began on Jan 13, 2024. I recently learned I need to provide validation every 6 months (july 13th in my case), instead of 12 months. I submitted the 6 month report on September 29th. Upon reaching DSO, they told me they are unable to update on SEVP portal now that it passed the deadline. But they made a note of this in my SEVIS record.
Will this affect my immigration status, SEVIS record, or H1B approval (petition filed on June 6th and got approved on Aug 30, 2024, with I-797A and I-94 in hand).
I also plan to travel to India for an H1B dropbox appointment—could this cause any issues like an RFE or 221(g)?
Will this also affect my future immigration statuses (I140 or GC plans).
Importantly, what evidence could I use to equip myself incase I am questioned in the future about this scenario?
Your help is very much appreciated! I am really concerned and tensed about this.

Thank you.
Soujanya Kota
 
Hi Rajiv,

My son who was H4 dependent passed away in June(he was 17 years old special child with CP). How should I inform to USCIS ? and to indian consulate.
Please guide me on this.

Regards,
Prakash
 
1. NIW I-140 approved based on current job, but got laid off immediately after approval. How it would affect adjustment of status?

2. NIW I-140 is approved and H-1B is still valid, is it possible to stay in the US without job until adjustment of status without changing to any interim visa status?
 
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