Recording Available, March 08, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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: April 12, 2018
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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: Change of status to student F-1 while green card is in process
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Hi Rajiv,
Thank you for taking out time to provide valuable legal advice. My question is about switching from an H1 to F1 visa. My six years of H1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F1 visa. I know you’ve answered this question in the past regarding an I140 and I understand that my chances with just a PERM are slightly better ? Do let me know your thoughts on this. Your help in this regard is much appreciated.
Chinmaya
 
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Hello Rajivji,

I am on h1b and working as FullTime with a company(this is not a contract job)

Currently I am working in Virginia and would like to take transfer in Pennsylvania. My company has a office in Pennsylvania as well. This transfer is on my will and not by the company.

Here are my few questions,

1. Does this require new LCA to be filled?
2. Does this new LCA can have different salary?
3. Does this require H1b amendment?
4. Approximately how much time this amendment can take?
5. Looking at the current senario what will be your suggestion on making this move
 
FAQ: H-4 EAD termination and converting to H-1B
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Hello Rajivji,

I was on H1 before completed all 6 years on it and converted to H4 and working on H4EAD now. With latest court update, USCIS may decide to end H4EAD program or stop new applications in next few months( we still dont know the final outcome).
My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock).

Here are few questions
1. If this EAD goes away will I be able to file fresh H1 in April 2019 ?
2. If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time
or I still have to wait to fall under 180 days expiry clock based on my current Nove 2018 EAD expriration date.

Thank you.
 
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Hello Rajiv Ji,

I applied H1b on April 2017 through a company. I was not employed with that company while filing H1b and start date mentioned in LCA was October 2017.

My employer did not submit any client letter at the time of filing. Just an address for intended future employment (with some geographic specificity) was given as san jose in santa clara county and some vendor details which i didn't know about.

I joined my company on June 2017 and i am working for a client in palo alto in santa clara county location since then.

LCA has a different intended employment address and a different vendor name.

I got an RFE now asking for the client letter with the address mentioned in LCA. My client location falls under same MSA as that of the address in LCA.

Since this is a new H1b, i know i cannot think of LCA amendment as an option

Could you please tell me if i will be having problems, if i respond with actual client letter and vendor details? Could you please provide suggestions to defend this situation?

Thank you.
 
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FAQ: If H-1B transfer is denied, can go back to my old employer?
When does AC21 job portability begin?
Can H-1B be extended through a new employer while I-140 is in process?
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Question from Tahir:

1) While I am moving my H1 New Employer B, What if something goes wrong during H1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back.

2) Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. Please let me know if the understanding is correct.

3) While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H1 petition comes up. Can i still extend my H1 with new Employer even if I-140 with new employer is in process and not yet approved. can I use my old Employers approved I-140 to extend my H1 in this situation.

Thanks
 
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FAQ: Which jobs can qualify for an H-1B visa?
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Hi, I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements i need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things.
Here is my basic information:

Education: M.A Global Development and Peace, specialization - International Political Economy and Development

Visa Status- F1

Current job position- Registration and Outreach Associate

Duties: Organize and run the youth assembly conference of 1000+ delegates at the United Nations; Managed the entire office administration work; Handle the registration and outreach department of an organization and manage 5000+ delegates and professionals from more than 120 different countries;
Managed the entire office administration work, logistic work, assistance input to funding proposals, organize the meetings, and attendance at program meetings among various national and international universities and organizations;
Researched and updated all required materials needed for firm and partners;
Initiated and successfully organized the college fair event for 2018 Youth Assembly at the United Nations delegates.

Organization- Friendship Ambassadors Foundation

Please advice me based on my education and current position what job title do i need?
 
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Hi Sir

If I work for same employer in Canada for 6 months and also in India for another 8 months. Since I will be over 14 months outside USA.
Can I come back in USA on L visa after being outside US for more than a year working in different countries as a Manager managing the end clients project


Br

Vijay
 
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Hello Rajiv Sir,

I graduated from NPU, later university lost accreditation and I got OPT for 12 months and later I joined Day1 CPT college.
Q1) Is there any way that I can get my 24 months OPT, I even didn't apply for Extension?
Q2) Is there any way that I can apply for OPT 24 MONTHS Extension with Day1 CPT college (The college that I am studying right now)?
Q3) If NPU got accreditation in the coming year, am I eligible to get 24 months extensions from NPU?


Thanks,
Ram.
 
I am terminated by Employer A on Nov 17, 2017. I have approved I-140. I filed my H1 transfer with Employer B on Jan 16, 2018 which is exactly 60th day of grace period.

Now Employer C wants to hire me. What all option I have to join them?

1. Can they do my H1 transfer on premium based on my receipt of Employer B?

2. Can they do consular processing for me using my Employer A approved visa? Do I need to be in India to get it done.

Also my Employer B is giving me trouble running my payroll since Jan, 16. Does it makes my presence illegal from Nov, 17 or Jan, 16.

Which is the best option I have to get hired by Employer C as they are really interested in hiring me?
 
Hello Rajiv Sir

This is in continuation to the question asked on Feb 22 2018, Sorry I was not clear in my question
1. My wife is currently on H4 VISA w EAD. Her employer has planned to file for her H1. Can we go for H4 visa stamping on April 2nd while her employer has filed for her H1 on April 1st ?

The second question was not answered
2. What will happen to her H4 Visa if her H1 is picked but rejected ? Can she continue to be on H4 Visa until its expiry ?

Thanks
 
Hello Rajiv Sir,

My Name is Rakesh,
I am on H1b and my employer A terminated my employment in the month of November and also revoked my H1B which is reflected in the USCIS website.

I have filed H1b transfer to Employer B in the month of December .I have the following questions and can you please provide inputs on my situation.

1. For my H1B transfer to employer B, I received a RFE which looks tough to be answered as per my attorney. If my H1B transfer gets denied for any reason. Will that mean that I am out status from day of termination with my previous employer A or from the day of Denial of H1b transfer as I have Pay stubs active based on the H1B receipt notice.
2.If my H1B transfer gets denied for any reason, What are the options I would be having and time line for those options. As I have a contract job other employer is willing to transfer my H1B and how much time would i be having to transfer H1B to new employer for any denial. Is it advisable to initiate H1b transfer to new employer at RFE stage itself or should i try wait to hear the decision from USCIS for my 1st h1b transfer.
3.If my H1B transfer gets denied for any reason, do i have to go to out of country to file new petition as my H1B revoked by my previous employer.

Can you please provide best possible options in my situation.

Best regards
Rakesh
 
Hello Rajiv sir,

1) I hear rumors that the priority dates could be fast tracked for 2-3 years in the near future. Is there any substance to it?
2) I have been with a consulting company A for the past 7 years and my priority date is Jan 2012. Now I am considering moving to another consulting company B mainly because my project at client with A comes to an end shortly and B has a project for their direct client. Can I work for both A and B with con-current H1B? If I do and if my priority date becomes current can I use my i140 with employer A? What are the risks involved? What precautions should I take?

thanks!
Babu
 
FAQ: EB-1C for functional managers - overseas team inclusion
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Hello Rajiv Ji,

I had few questions on EB1C filing;
- I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India.
- I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.

1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members
2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.
3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?

Thanks,
 
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Hello Rajivji,

USCIS has recently issued a memo in which on the last page; among other things they talk about - "Validity period of approved petition". In this context; they mention - " While an H-1B petition may be approved for up to three years, USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non -speculative work and that the petitioner will maintain the requisite employer-employee relationship, as documented by contracts, statements of work, and other similar types of evidences. 8 CFR 214.2 (h)(9)(ii)(A) and (iii).

My question is: In the IT industry; Contracts and Master Service Agreements in general do not have end dates. Similarly, Statements of Work or Work Orders are issued with a validity that can range from 3 months +, 6 months +, 12 months+ or there may also be no end date mentioned. Also in the EVC (Employer Vendor Client) or EVVC (Employer Vendor Vendor Client) or EVIC (Employer Vendor Implementation Partner Client ) model; the contracts/work orders between different layers might be of a different duration, how do we handle or manage these things while submitting petitions or responding to requests for further evidences?

Thank you.
 
Hi Rajiv Sir,

I sincerely thank you for all your help.

I have the same question as above. My H1b is currently valid till Aug 2018(6 more months). I work at client site and I have two vendors between my employer and client. My client extends my contract for every 2 months (but client is ready to give me a letter saying that they need my services for long term ). Now as the new USCIS memo says that the H1 visa extension approval period will be dependent on the actual length of contract/Work order/SOW. Now my employer is asking me to leave the project as the client is only extending the contract for every 2 months and says we cannot file for extension with this contract, as it is not long enough. I am in a dilemma on how to file for extension with this scenario. Please help me.
 
FAQ: The 180 rule for priority dates/H-1B extension
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Hello Rajiv ji,
I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with New employer??
Or
If I can move with new Employer right now? and I don't loos my P.Date, which means the New employer can file for my H-1 extension (based on existing I-140 approval from previous employer) beyond my 6-year term which is going to end on Oct 2018. Or If my previous employer revokes my I-140, then my New employer will have enough time to apply for GC labor and then apply for an H-1 extension, I'm not aware of this process if my goal is to stick with New Employer and I want to keep my Priority and want to Extend my H-1B.
Please advise me.
 
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FAQ: Leave without pay for H-1B / Status
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Hi Rajiv,

I wanted to know if an H1b employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
 
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