Final List of Questions for October 24, 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 24, 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
 
I am a Mechanical Engineer with a PE license, currently working in the HVAC design field. I am on an H1-B visa with an approved I-140 (EB-3). I have an offer to join my friend’s business, and he has a green card. His company is also in HVAC design, which matches my background. If I join him as a partner, it will just be the two of us running the company for 1-2 years. Can you let me know if I can transfer my H1-B and approved I-140 to his company? Also, is there any other visa category that might let me get my green card faster than the EB-3 category?
 
My I-485 was pending was 9 months (concurrent filing) and I was working all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago and received EAD and AP as well. At the end of 8 month, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved and received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process, since I cant file I-485J as my case has been approved.
 
Help with I-130 F4 family immigrant. Priority date current. Lost I-130 approval notice

Hello!
My uncle (mother's sibling) filed for a green card petition (F4 family visa - India) back on July 26, 2006 (priority date). The November 2024 visa bulletin just released and finally after years of waiting the Date of Filing (Aug 1, 2006) has progressed to beyond her priority date.

My mother is currently on a B2 (visitor) visa and is here in the US visiting us at the moment. I was reading on USCIS website that we could proceed with Adjustment of Status from B2 to her green card.

However, there is a problem and I do not know how to solve this issue. My uncle years ago has lost the receipt/approval notice that was delivered to him in the mail. He only made note of the receipt number somewhere in his computer but lost the mail. The documents needed to be submitted to USCIS include a receipt notice or approval notice.

I tried contacting USCIS and asked them for a duplicate notice but they denied and asked to file I-824 for duplicate notice. I'm seeing online that the process is quite tedious with this as it takes more than 1 yr for I-824 to process and get the new receipt notice. I do not want to hence go down this route as it would take long time for me to wait to receive the receipt and then apply for AOS.

All we have now is a receipt number my uncle gave me and a NVC invitation letter having her case no. and priority date but not any receipt or approval notice.

What can I do in this situation? Can anyone please help?

Also, can you please let me know how much time it would take from AOS to receive the green card? Can she travel outside the US during this time? Is there anything we could file for/request to do if the AOS->GC timeline takes a long time for her to be able to travel?
 
Dear Sir,

My Major was civil engineering in India, however gained interest in IT paved a way to enroll in Masters in Business Analytics with a composite course of business operations and analytics in IT. However, I would like if i do a "certification in Civil engineering such as clearing the FE exam :
ncees.org which is national recognized certification, can i do first year OPT in the field of civil engineering, not the STEM OPT, "First year OPT".

Also, let's say the employer of the major in civil engineering is willing to sponsor H1B, is it possible? In the event of NIW-I140 , I have this gut feeling that my proposal would be adept enough as it justified to prove on working in "National projects of United States" if I work as a site engineer in construction projects.
Also, could you please give a light on the above, can a civil engineer has added advantage in this NIW-I140 case?

Once the I-140 application is in processing, can i switch back and forth with my majors?

2. Another, concern is as I am Indian, and marry a pakistani national, will i get family based sponsorship based green card?

3. As an F1 Visa student, can i invest Stocks of US, fed bonds and debentures? also , OPT allows doing business . Does it have to be related to major only.
I am always in a dilemma of what is major like, say I have x course, what is considered as major vs minor, core vs electives??

4. Also, Rajivji, I would like to have my mother visit once here in US, on what basis should i file the B2 visa application?

5. Can we switch from F1 to B2 VISA and vice versa in future, need some details on this,

thanks and regards,
zeeshan
mohamkhan@clarku.edu
 
Hi,

My girlfriend got an RFE for her H1b last year. Her petition got denied as her employer submitted wrong SOC (occupation) code in the supporting documentation.

If I marry her and get her here, will her H1b petition denial affect

a. Her new H1b petition
b. I140 (joint)
c. Her individual I140.

Please advise.

Thanks.
 
Hi Rajiv Sir,

Question: Got laid off on H1B in my previous company but found and started a job in a new company within 60 days grace period. Again the current company has provided notice period for layoff. Question is will I get a 60 days grace period again this time or not?

How easy it is to get B1/B2 for finding job after layoff.
 
Hello Rajiv sir,
My 485 is pending and EAD is expiring soon, I am currently in Canada working for the same company and commute to USA for work on h1b, can myself and my wife submit EAD renewal living outside USA or we need to come in USA and stay till USCIS receives petition.
 
After layoff, if same company rehire for similar role. Can I continue my previous PERM or need to restart all the way from beginning?
 
Hello Rajiv,
Question is related to I-485 , My birth certificate has my mother name and father name as Alias matching my Passport and other documents as there original name in my Birth Certificate is there Pet names, can it create issues if yes should I get non availability of Birth Certificate.
 
Hello Rajivji,
I hope you are doing well. I am currently on an H1B visa ( Nationality Indian) working with a pharma company and expecting a decision on i140 before the end of this year. I want & am planning to start a Business (OpEx) Consulting firm. My questions to you are:
1. Am I allowed to register an LLC, work on my business, as well as do my full-time job?
2. Can I draw salary or how can I pay myself?
3. Or should I start and register it in India? Can you please provide some kind of direction on what my next steps should be?

Thank you so much!

Best Regards,
Harsh
 
Hello Rajiv sir,

During my initial opt in 2021 I first worked for a company for a month (not paid) that got blacklisted/under supervision recently last year. I filed my h1b last year june and got RFE in November to prove if all my work is related to my field of study. I submitted all email, certificates, job offer and proved the relevance and later my H1b got approved last December.

Question: Now I am planning to travel to India for stamping will there be any issue at drop box or at port of entry? Are there any precautions should I have to take before my departure.

Can I change my job and go to India in 1 month of changing job for stamping?

Please advise.

Thanks
 
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Hi Rajiv ji,
Following up on the H4-EAD questions asked last time.

H4-EAD application is pending. My Status: H1-B + I-140 approved (180 days complete)

1. Can my new employer file for my wife's H4-EAD application while H4-EAD application is still in progress from old employer? This is while they file for H1B transfer.
2. Can two H4-EAD applications process in the same time? One from old and one from new employer.

Thank you,
Prithvi
 
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