Recording available for September 03, 2020 Conference Call

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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. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ'S will be addressed first and these FAQ'S 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.
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: 17 September 2020
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.
 
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FAQ: H-1B portability without a visa stamp
Hello Rajiv Sir,
I came to US on h4, so I have only h4 stamping in my passport. Got my h1b picked up in lottery two years back, and did COS to h1, and have approved i797A with I-94 and working with my current employer.

Got an offer from another company, and they filed my h1b transfer, and got the i797A approval with I-94.

So my question here is, can I join the new company using the h1b transfer approval, even though I don’t have h1b stamp at all in my passport? Will this be a valid H1b transfer?, or should I go back to India to get my h1b stamping to join the new employer?

Thanks.
 
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Hell Sir,

I am Canadian Resident, independent IT Contractor, and got offer from US Company, they want to be work in US Office for couple of month
and I want to go US for couple of month for IT work in his office,
What document I need to requirement on US Border


Thanks
Rizwan
 
FAQ: Unemployment benefits while on B-2
Hello Rajiv ji,
My question is on unemployment benefits-is it illegal to collect unemployment benefits while on a B2 visa. I was on H1B and my 60 days are over so I moved to B2 (pending).
I received unemployment benefits for the 60 days grace period which is legal.
However, the question is how about after 60 days? I stay in California and EDD said they will look at my case and make a decision if I continue to get benefits after 60 days. My only concern is I don't want to collect benefits now that may cause issues later for GC. Any pointers highly appreciated.

I have worked and stayed in California for over 12 years

Thanks
Shiv
 
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FAQ: Owning or doing business on H-1B
Hello Sir,
Is there any legal issues with starting a LLC for a software product on H1B based on below scenarios.


Scenario 1:
Start a LLC in partnership with a US Citizen. For example say I would be 90 % stockholder and the other person would be 10 %.
My partner would run the company and do all the work that is needed to sell the software product.
I would be a passive owner and not involved in any active duties.

Scenario 2:
Start a LLC as 100 percent stockholder and employ a GC holder or US Citizen as a manager to run the company.
I would be a passive owner and the manager would do all the active duties.
Is there any restrictions around how much salary i should pay the manager of my company? How about if i offer him/her 10 % of the stocks as a compensation instead of salary or offer him/her commission based salary?
 
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FAQ: Unstamped H-1B quota exemption
Rajiv Sir,

I had an H1B from my previous employer that was valid from Dec 2016-Dec2017. I never got the visa stamped and it has complete 6 years unused on it.

The question I need your help with is if an employer files H1B for me, would it be eligible for Cap-Exempt processing or not?

Thanks:
Puneet
 
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FAQ: Change of status on an H-1B approved for consular processing
Hi Rajiv ji,

I'm currently working on H4-EAD in USA. I have approved H1 I-797B with employer "ABC" having start date as 11/16/2020 under consular processing in cap.

Can employer "XYZ" file H1B transfer before my start date with "ABC"? If yes, can he do it with change of status?

Thanks
 
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hello
I have question about with drawing asylum case after adjustment of states and getting the green card
What is the process?
Many people said that I have to send letter to the asylum office with the case number requesting with drawing the case?!
If it is like that how is the letter gonna look like and what should I write in the letter?
Also I am planning to go to my country to sell property I can’t trust any body to do it on behalf of me ?! And my country situation is much better right now
Is there gonna be any problem in the future when I apply for citizenship?!
By the way I applied for asylum 2015 and it is pending since that time
I adjust it my states through marriage
 
Hello Sir,

I was on J1 VISA (Research scholar) for 4 years and now I am on H1-B visa.

During my J visa period, when I moved to another research institution my J program number on DS 2019 was changed. This way, I had a total of 2 program numbers (at different time points) on my DS 2019 forms. Later, I have applied for 2-year home residency requirement waiver and got approved from DOS. After this J waiver, I got my H1-B visa approved. Now I am about to apply for I-485, change of status for GC.

My question is, will the J visa waiver that I got approved be applied to the two J programs by default or only to the latest J program ? Do I need to contact DOS/USCIS regarding this ? I need your expert opinion about this.
 
My mother's passport is expiring in a couple of months and her tourist visa is valid till 2023. Her name appears in the current passport and visa is SUNITADEVI. We are in the process of Renewing her passport and the name should be SUNITA DEVI (with space) in between SUNITA and DEVI as per Aadhar card and other documents.
Note: - She doesn't have any surname in the OLD passport, Current VISA. There will be no surname in the NEW passport as well.

Name:
Current Passport: SUNITADEVI
Current US Visa: SUNITADEVI
New Passport: SUNITA DEVI

She has traveled to the USA multiple times. Can she travel with a new and old passport along with a current US Visa which is attached in the old passport where the name appears as “SUNITADEVI” because the visa is still valid or Do we need to update her visa to add a space in her name?
 
Hi Rajiv ji,
Thanks for your support to the community in these testing times. I watch all your bi-weekly videos on youtube.

Questions:
1. As per immigration law, Is it ok for me as a green card holder(derived through EB category) to join the employee union of my municipal government employer?
2. Is it ok for my colleague who joined there using his EAD(employment based - primary applicant) on AC21 to join the same employee union?
3. Is it legal for either of us to vote in the union elections to elect union representatives ? (As per immigration law)
 
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Thank you Rajiv sir for your help,

I am on H4-EAD and was working in job before COVID-19.

Due to COVID my job was not available.I am eligible of PUA - Pandemic Unemployment Assistance .

If i take PUA benefit now, will it be an issue when i will apply for my Green-Card? Do we have to declare the benefits taken at the time of GC filing ?
 
Hello Rajiv,

We are hearing a lot about spillover from FB to EB in the coming months and it is giving lot of hopes for many of us who are stuck in backlog for years. My Priority date is Jan 2011 and what are the chances of it getting current?

Do you really think the administration would let the spillover happen?
 
FAQ: Changing status during a pending application - authorized period of stay
Hi Rajiv,

Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved )

1. when H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number?
2. while F1 is in pending status if that H1 denied /rejected will it Impact my F1 Approval?
3. while I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?
4.if I got any H1/F1 visa issues . then If I go to India in the future, when my priority date is current can I Apply in Consular Process in India ,if Employer still offers the same Job?
 
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