Recording Available for April 16, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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Dear Sir, appreciate your help.

Question: EB1 Filing. Currently I am in US on H1-B as a Manager with few IT contractors reporting to me and also managing one of the critical function of my Company in IT. My company is a manufacturing company. If I go out of USA for an year to India and work remote from there on same manager position and projects, still getting paid in USA from same company. Will I be eligible to apply for an EB1 category Green Card after an year, once I come back ?

Thanks !!
Hello Mr. Rajiv - Thank you for your services to the community with these conference calls/sessions. Really appreciate it!!

I'm on H1 B with approved I-140 with my current employer. My existing petition expired in Dec and H1B extension was filed in time. I upgraded to premium and received an RFE recently. My employer is all set to respond to RFE this week with a SOW from my current client (same client while filing extension). SOW is valid until end of this year. However, due to COVID my client just notified that contract will be ended by end of this month. Could you please advise with following

Q1. Since it's an RFE, should I proceed with responding with current client's SOW. Original extension was also filed with same client's document. Technically new SOW is still valid and I'm still working for the client until end of month. Do you see any issue with this and risk for approval?

Q2. If no to above, then do I need to find a new client and then respond to RFE (running out of time)? Also should the new client be at same as current location? if different location can I file amendment for new location along with RFE response? what is the risk with this?

Q3. Are there any options for H1B transfer to another employer now with this current situation?

Q4. In case of denial or 240 days elapse. What are my options? can I stay in the country due to COVID situation? If so, are there any options to refile H1B extension with current or different employer?

Thank you
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Hello Rajiv ji

  • H1B visa expired on 31st Jan 2020
  • Timely extension filled in premium in Jan 2020
  • Got RFE in Feb
  • RFE reply by May 2020
  • I-94 - expired
Below are my questions :-
question 1> As my case is pending with USCIS and have got RFE on my h1b extension (RFE came in the month of Feb 2020) ,
my employer is trying to reply to the RFE and simultaneously they have raised a new LCA , I am not sure whats the purpose of raising a
New LCA now when H1b and I-94 both are expired , Will there be any benefit or legal status stay ?

-I got a new employer B's offer , Can H1B transfer possible in my case ?

question 2>Want to know the impact of Change of status from H1 to visitors visa i.e filling up I-539 (COS) and then back to H1B visa from visitors visa in order to maintain the legal status in US
- Can i leave my current employer and stay on visitors visa (COS) till approval doesn't come OR the travel ban is not lifted which ever is earlier ?
as anyways while on B2 i am not supposed to work . what is advisable ?
-While on B2 visa , if i get a new employer can they raise a new H1b (as i have approved I-140) I am not clear on this I-539 consequences on H1b visa .
Kindly explain as to how one can regain the H1b status back from visitors visa applied inorder to maintain the status meanwhile due to COVID.
Rajiv Ji,

I am on H1B valid till Aug 2021 and my I 94 is till May 2021 and was laid off by my employer but without any written communication . The Employer has instructed me to call every week and check status if I can start working or not.

Will this be considered as laid off & how do I know when I should change my status to B1 / B2 to be safe and avoid any out of status situation ?

Is it safe to apply say 55 days after my last pay day ? Also say if I apply for B1/B2 but employer had still not revoked H1B , what could be the negative implications ?

What should I do?
I am on STEM OPT and got Furloughed for 6 Weeks. My HR is asking to apply for unemployment benefits (I am in NC state). My question is,
1. Should I apply for Unemployment benefit and how it affects my future life in the US?
2. Do I need to inform my DSO about furlough?
3. Can I work for another company which is in the area of my study(Masters)? My company has no problem if it's not our competitor.
As always thanks a lot for the kind help Rajiv Sir.

I'm currently on H1B visa with an approved I-140 immigration petition. The immigration petition is Employment based EB2 category. My brother is a US citizen and my parents hold a US LPR (Green Card). At the moment due to long wait time in employment based priority dates to get green card, I'm moving to family based sponsorship. My questions are:

1. Can my parents sponsor my GC application (I-130, I-485, etc), when they are in LPR status (not citizen)? If yes what category I fall under? I'm over 21 and married.
2. My parents will be eligible to file for their citizenship in 2025. Do I need to wait till they become US citizen?
3. Which process will be faster, my brother sponsor my GC this year or my parents sponsorship after they become eligible for naturalization process (which may take to 2027 till they became US citizen)?
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