June 25, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Hi Rajiv,

I've some questions on 1 year offshore experience eligibility for EB-1c (multinational manager / executive).

- does 1 year mean 12 months in terms of months ? or should it be like at least 365 / 366 days? what is really considered in this case?

- must the 1 year experience be my prior experience working with the sister company (offshore) before the 1st time I come to US on H1B to work for the parent company?

- if I have just 10 months of managerial experience in the sister company (offshore) before I came to US on H1B. Can I go out of US and work with the offshore company for 2 months to complete 1 year offshore experience and come back on my existing H1B? Will such experience be accepted? Also, will my H1B stay valid even when I go back to India to work for those deficit months (2 in this case)? Or do I need to work for the total 1 year outside / offshore again?

Hi Rajiv,
I am a Canadian Citizen and presently work in IT field as a Systems Analyst in service-now application development work in Canada. I noticed that there are many good opportunities and many jobs related to the application I work on in United states than Canada. So I contacted few companies who are in need of people in my profession but they advised me that they can not sponsor me for work and I have to make my own arrangements to be eligible to work in US. They are ready to hire me but they ask me if I am eligible to work in US or not. So I looked for your site and found that I could be eligible in TN visa because my occupation is in the list of occupations approved by NAFTA. My concern is that, can I get TN visa based on my qualification and work experience or do I need an official "Job Offer" letter from a company in US first. What are the other options that can be considered in my case. Please advise.
Thank you and Best Regards,
Hi Rajiv -

This is regarding the recent ruling on the H1B amendment requirement for material changes in the employees work location.

- Can you please provide your inputs on how this ruling affects for employees who are already in worksites that are not listed in their original H1B petition? Since per the ruling on the USCIS website it appears that we have until Aug 19th to correct any of these retroactive changes to be compliant. However it appears that there is some potential deviation from this topic for retroactive filings. Below is an article on the same. Can you please provide your inputs on the same?




Team Member, Immigration.Com
Staff member
A Question from our community member - ****


My spouse was charged with Liquor prohibition in 2014 April in OHIO(4301.69(A) ORC code), it was sting operation and sold Alcohol to Minor after Checking the ID.
She was not working there, she went to meet the friend and she was requested to be in store for 10 mins to pick up the children and all this happened.
As per information, she went to court in OHIO and paid a fine of 500$, no arrest or prison time.
Case was closed, she is in India and coming back on July 30th 2015.. wanted your help and guidance on below 2 situation.
1. POE, will this be an issue?
2.H4 extension, will this be an issue?.
Should we be prepared for any thing.

Ravi Kumar
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Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Hello sir,

Here is my question:
My wife currently on H1B is on maternity leave (8 weeks). She is not paid by her employer for these 8 weeks. Can she apply for state (NJ) disability benefits? Will this affect her H1b status?
Here is the link to apply for it:

Can a person on H1b be paid by anyone else (state of NJ here) who is not their employer? Please advise.

Thank You!
See this link for information on public charge. Rest we will discuss during the conference: http://www.immigration.com/blogs/lo...lic-charge-immigration-consequences-receiving
HI Rajiv ji;

In addition to my question on #4 I have one more question.
When i apply for recapturing 70 days can I ask USCIS to extend it for another one year as after recapturing time I will be already passed 365 days form my PERM application. or I have to apply that only after my recapturing? Please advice. Is there any letter format you can suggest to me?

Hi Rajib ji,

I came here as J2 dependent on 8th May, 2015. I have got an offer to join as
visiting fellow. I have come to know that J2 dependent can be converted to J1
if they have a job offer by 6 months. I have few queries regarding the J1
1. Can I now covert from J2 to J1 VISA while staying in USA?
2. In case, I have to go out of USA, being an Indian national, is it possible
to go to CANADA, apply for J1 and come back to USA as J1? Or do I really need
to go back to India to get a J1?
3. How long it can take to get the J1 in hand if I can apply from Canada?

thank you very much
Rajiv Ji,

I have a PhD from a US university. I used up my 29 months of OPT (i.e. including 17 months STEM). I was employed for most part of this 29 months. Towards the end of my OPT, I was employed with a non-profit employer who filed for my H1 (quota exempt). I was laid off shortly after changing my status from F1(OPT) to H1B. I filed for a COS from H1B to H4, as dependent on my wife's H1B. My H4 status was approved.
My questions:
1. If I were to enroll in a masters degree and change my status to F1, will I be eligible for CPT (since I exhausted my 29 months opt and I am not necessarily pursuing a next higher degree)?
2. (If the answer above is yes) Will being of F1-CPT effect my chances for 2016 H1B (quota) filing in any way?

Thank you. I appreciate your guidance.
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. can i do something for that ? If they does not run payroll. can it create any problem ?
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