Recording Available for May 14, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member
#1

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call for all of you, every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions, Dial in No: (202)800-8394. Everyone, whether or not a member of discussion forums, is welcome to call in and ask questions or just listen live or listen to the recording for the call posted at the end of the day. Note that we answer posted questions and follow-ups first.

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Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30 PM, EST
End Time: 1:30 PM, EST
Next Call Date: 28 May 2020
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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.
 
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#2
FAQ: H-1B delayed entry
Hi Rajiv,

Firstly, I really appreciate all your help during this tough time.

I am on H1b visa and working for a non profit company in California. I came to India in Feb 2020 for my wedding and also got my visa stamped.

Due to covid19, I got struck in India and working from home. Am I safe? Do I need to file a new H1b?

Thank you,
Ravi

FAQ: H-B during Covid -- H-1B not sure if I am laid off, LCA/H-1B amendments, and travel during H-1B
Rajiv Ji,
I am on H1B visa and got laid off due to Covid and my employer had paid my PTO and sent a cobra letter for health insurance, am not sure if and when they will employ me again . How would I know if the employer has cancelled my visa. I doubt if I ask this question directly then they may cancel my visa which is valid for another one year. My 60 days grace period starts from which date , my last working day or last day paid up to ?
Is it OK to file B1/B2 visa online before these 60 days to be on safe side and even without making sure if I am out of H1 status or not ?
Also should I ask for a one way ticket back which is one of the prerequisite in this case.

-------------------------------FROM: rahulgopaljoshi-------------------
Namaste Rajiv Ji

Hope yourself and all your family members and friends are staying safe and healthy during these difficult times. I have two questions here - both related to H1B stuff:

Question about the COVID 19 - Work from Home - LCA / H1B Amendment :

1) Employer Office is not officially closed - yet most of the non - essential staff is recommended for Working from Home as much as possible.
2) Home Address - in the same MSA (Metropolitan Statistical Area) as the Work Location Address in current LCA.

Q 1 - Would this situation need an LCA Amendment to be filed - by adding Home Address as additional Work site location ?
Q 2 - In general - does LCA Amendment also mean H1B Amendment (submission of another I 129 paperwork and corresponding fees) ?
Q 3 - If No LCA / H1B Amendments are needed - are there any other things needed to ensure H1B legal compliance ?

Question on H1B Extension (Same Employer; No COE) Pending - Possible Travel to India and Reentry before current H1B expires. (Repeat Q - but did not get fully clarified last time)

Q 1 - Is this possible / allowed ?
Q 2 - H1B extension paperwork submitted with I94 prior to traveling out of USA - so assuming H1B Extension is still pending when I re-enter - I will get a new I 94 till the current H1B expiry date only.

a) How does this new re-entry I94 number reconcile when the H1B extension gets approved (submitted with I94 prior to traveling) - does the last action rule apply in this case - OR -
b) Another travel / reentry out of USA is needed to get a squeaky clean / new I94 with correct expiry date based on approval of H1B extension ?

Thanks a lot

Rahul
----------------------FROM: kskindiaUS---------------------------
LCA address is home address. There is a problem with the apartment# 123 and I have to shift to another apartment# 321 in the same community. Do we need to file a H1B amendment or is updating AR11 document sufficient ?



----------------------------FROM: Monica---------------------
My questions:

I am on H1b visa with a service based company that has multiple clients.

Currently, i am working for a client A which is based in San Francisco, CA. Recently, my company filed for h1b visa extension using client A's project and location as i am working for client A. My h1b visa will expire in March 2022.

1) If I move to another project with client B, which is also in san Francisco area (within 50 miles of client A), do I need to file an h1 b amendment as there will be a material change (such as change in project name, client name, client address etc) on my petition ?

2) when i start working from home ( due to Covid lockdown), with Client B, do i need to file any paperwork or file an amendment with USCIS?

@RAJIV sir: This is an urgent request as i need to tell client B by Friday this week if i am interested to work with client B. Thanks in advance for your answer and time.
 
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#3
FAQ: H-1B start own business or invest
Hi Rajiv Ji,

Thank you for all your help to thousands of people over so many years. Really Appreciated.

Can a H1B holder earn passive income (other than from real estate and stocks)? Being a passive shareholder of an S-corp entity?
Can a H4-EAD open a S-corp and have an active income through it?

Additional Question on this thread.
Can a H1B holder be an active partner w/o salary of a S-corp or LLC? Which would mean working for a few hours for S-corp every week.

Thank you
-A

---------------------------FROM: rajreddy717----------------
Hi:
Can I start a Youtube channel on H1b? Can I earn income through it through monetization? If it's an issue, Can I provide my indian bank account just as a payment source, so I won't face any issues in the future to get employment based green card?

Thanks,
Rajesh.
 
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#4
Hi Rajiv,
my husband is an asylee here in the U.S. he won his asylum case in court 3 months ago and will file I-730 for me.
I was previously deported from the U.S 8 years ago but I’m now In The U.S illegally. After applying for I-730 will I be interview?
Could I be detained at the interview? If I get detained that’s that mean I would have to wait in jail until my I-730 is approved?
 
#5
FAQ: Promotion after getting the green card
Hi Rajiv,

I recently got my employment based Green Card, to be specific in April 2020. I have been working for the sponsoring company for the last 13 years in different software programmer positions and planning to continue to do the same. I have been in the Software Architect role for the last 4 years and the 485j was also filed for the same position. I will be continuing to work the same job(Software Architect) for the next couple of months and that is when i am expecting to be promoted to a Manager role that will lead the team i am currently in. The roles and responsibilities will change from being technical to more managerial. My question is Can i take the Manager role (at the same sponsoring company) with in 2-3 months after i got my green card? Will it cause any problems during Naturalization or GC renewal? How long should i continue in the same software architect position before i can start taking up management positions?

Thank you
 
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#6
Hello Rajiv Sir,
I had my EB2 Inteview last month and waiting for an update from USCIS, if I submit change of address and the new address comes under a different USCIS office other than the one I was interviewed. Will that cause additional delay in adjudicating my case? I remember when I moved before the interview my file has to be transferred to the nearest USCIS office how does it work if I move after the interview?
Note: I am not moving out of state

Thanks
 
#8
Hi,

My employer e-registered for my H1-B in 2021 H1-B cap and got picked in lottery. However, got laid off by employer in April 2nd week. Got information from employer that they didn't send documents for further processing(didn't do H1-B filing). I want to know if there is possibility that, if I get a job in another company, will they be able to use the current lottery pick for H1-B processing.
Please advice me any appropriate options.

Thanks,
Bharath. K
 

SD29

New Member
#9
Dear Mr. Rajeev
My wife and I had got IR5 approved for U. S. A where the validity is till July 29 2020.Can you advise me whether we would get an extension for the first visit due to the current covid scenario . Also as Trump has ordered suspension of immigration for 60 days,(04/22/2020) where does our case stand
 

SK2008

Registered Users (C)
#10
Hello Sir,
I went to India on March 2020. I have EAD-AP. Now I am stuck in India. Will the EO (dated April, 22) impact my ability to travel to US.
Another question: My I-485 application has been pending since 2012 with USCIS. What will happen to my I-485, if the lock down extends in India and goes beyond 6 months? (I believe, a person can stay maximum period of 6 months abroad on EAD/AP)

Thanks
SK
 
#11
Concurrent H1b : Cap-Exempt & Cap-Subjective

Hello Rajiv, thanks for helping the immigrant community in answering our questions. I have heard on several community calls that Concurrent H1 is an option for individuals that are on Cap-exempt H1 and never gone thru quota to work for cap-subjective employers. In that case, can the candidates start working for cap H1 employer upon the receipt of the concurrent H1 or should they wait until either it is approved or Oct 1st whichever is farthest? Thanks much for the help !
 
#12
FAQ: Extraordinary circumstance EAD
Hi Rajiv,
Hope all is well w you.
I am an Indian national on H-1B (I-140 approved in 2010) working in New York City. I’m trying to figure out feasibility, risks, and pros & cons of doing I-140 EAD Based on Compelling Circumstances, and any impact it can have on my H-1B.

Given the Covid situation in NYC and the uncertainty it sows, wanted to ask your opinion on this I-140 EAD:
  • Should we be thinking about doing this?
  • If I do this, and whether we get it approved or denied, what would it do to my H-1B?
  • If I get it approved, and are not qualified to renew it in a year’s time, does that jeopardize my upcoming H-1B renewal in 2021-Q1?
Thanks very much.
 
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#13
FAQ: Extension of tourist stay during Covid
Hi Rajiv Ji,
I have a question related to my Mother visiting me in the USA. She entered the USA on 12/12/2019 on a B1/B2 visa. Her I-94 form is expiring on 06/11/2020. This is the first time she is visiting the USA.

I have a couple of questions as below

1. Can I extend her visiting visa within the country due to the Covid-19 related situation(due to her age)?
2. how many days before I can apply for her extension?
3. What if a visa is not approved before 06/11/2020 or it got denied later on?

Thank You very much for your response.

Best Regards

Palak
 
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Rajiv S. Khanna

HOST, Immigration.Com
Staff member
#14
Hi Rajiv,
Hope all is well w you.
I am an Indian national on H-1B (I-140 approved in 2010) working in New York City. I’m trying to figure out feasibility, risks, and pros & cons of doing I-140 EAD Based on Compelling Circumstances, and any impact it can have on my H-1B.

Given the Covid situation in NYC and the uncertainty it sows, wanted to ask your opinion on this I-140 EAD:
  • Should we be thinking about doing this?
  • If I do this, and whether we get it approved or denied, what would it do to my H-1B?
  • If I get it approved, and are not qualified to renew it in a year’s time, does that jeopardize my upcoming H-1B renewal in 2021-Q1?
Thanks very much.
I have a good write up on compelling circumstances EAD on my blog: https://www.immigration.com/blogs/compelling-circumstances-ead
 
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