Recording for August 10, 2023 Conference Call with Rajiv S. Khanna

[DEEPAMENON]

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 will be addressed first and these FAQ 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, YouTube channel
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: August 24, 2023
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.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us: https://www.immigration.com/our-fees

 

[pdodwad3110]

FAQ: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140

Hello Rajiv Sir,
I have an approved I-140 (Approved on Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.

My question is :

a) If for any odd reason I loose my job in US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?

b) If I decide that going to India is a better option and want to come back after some time to US, would I be subject to H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to US ?

Thank you for your help.

 

[GCBy2010]

Evidence of parental names in I-130 petition: Implications of incomplete information on birth certificates

I am a US citizen and I filed a form I-130 petition for an alien relative for my sister. As per instructions, this form requires the birth certificates of both my sister and me as part of the evidence. I submitted both of our birth certificates. The last name listed on the birth certificate for us matches both of our last names. Our parents' names are also listed on the birth certificate and they are identical. But the parents' names listed are not complete with their full first and last names. It only has the last name of my father (and this last name matches our own last names) and the first name of our mother. There is no first name for our father listed and no last name for our mother (which is probably supposed to be her maiden last name during her birth) listed. In this scenario will USCIS send a RFE to provide the complete names of our parents on our birth certificates? If so, what should be my response to this RFE?

In summary, both our names are correct and our last names are the same as expected, but our parents' names are not complete names. Our birth certificates were issued in India in the 1960s.

Also my father is no more and my mother is 80 years old now.

Thanks for providing your feedback.

 

[msdr]

FAQ: Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing

Hi Rajiv ji

Can an Indian employee start working for a US startup as a manager remotely from India while his L1 is filed a few months later? Will the L1 processing will be earlier for the startup as the employee has been performing the duties and also being paid the required wages (employers ability to pay)

Thanks

 

[Anusha1]

Transferring Priority Date and experience concerns: Switching employers for I-140 filing

Hi Rajiv Ji,

My I140 was approved with company A a year ago, and six months have already elapsed, but company A has not yet withdrawn it. However, I have now switched to company B, and they have filed a new PERM labor certification. Since the PERM position with company B does not require any experience, they did not consider my experience with company A while filing the PERM. I am concerned if this could lead to any legal problems when filing my I140 with company B. Can I or company B still claim the priority date from my I140 with company A in this situation?

 

[Jeet_AS]

Transitioning from STEM Masters to MBA with CPT: Impact on H-1B and USCIS considerations

Hi Rajiv Sir,

I completed my 1st Masters in a STEM course but my EAD got rejected due to Late filing by my University and I have not utilized the OPT + STEM I had from this Degree. For nearly 10 months, I have been enrolled in an MBA and working on a Day 1 CPT. My CPT will be over in August and I am planning to file for an extension on my CPT while losing out on my OPT from this second degree. 2 questions here:
1. Does this change of moving to CPT extension affect in any way if my H1b gets picked in the 2nd round this year?
2. Can, not having an OPT and directly moving from a CPT to H1b cause any problems with the USCIS?

 

[KiranR]

Re-entry permit considerations: Balancing travel needs and green card status

Hello Rajiv sir,

I am a GC holder, currently waiting for my re-entry permit since last 10 months, and expected to wait another 7-8 months at least. I already spent 6 months of this year outside the country and now back here in the US. If I have to again travel back to India for personal matters (the very reason for which I applied for re-entry permit), what is the minimum duration that I should spend here in the US before planning for such a trip. I do not want to risk my GC but also have reasons to move to India for some time, and the delay with re-entry permit is not helping me take a firm action. Given that I already spent 6 months outside US, can I again plan to be out of US after staying 2-3 months here? Your guidance would be much appreciated. Thank you!

 

[gc-warrior]

EB- 2 India AOS/I-485 queries: I-140 approval notice, Change to consular processing, and protecting green card process

Hello Rajiv Sir,

My EB2-India AOS/I485 is pending more than 180 days and I140 refilled approved less than 180days.

1. My I140 premium processing approval notice from USCIS has only my last name mentioned and first name missing. My attorney said they emailed USCIS to correct the approval notice and need to wait till USCIS responds, but since past 6 months there is no response from USCIS. I want to understand if my attorney can do anything more than just waiting for USCIS response? And does USCIS responds emails in this regards?

2. Is it possible to change AOS I485 to consular processing? And what after some time can Consular processing be changed back again to AOS I485? What will happen to pending or approved EAD and AP in both situations?

3. What is safe to protect my pending I485 petition and GC process, Exiting US after requesting USCIS to change GC process from AOS to Consular processing or before?


Thank you in advance!

 

[ONP]

Exploring job change options for EB-2 I-485 holder: Priority Date retention, Working on EAD, and Future EAD considerations

Hi Rajiv ji,
Thank you for all the help you provide to our community. I have been a listener for several years.

My priority date is March 2014 for employment based I485 in EB-2 category, India. I recently received my EAD renewal and it is valid till July 2025. I entered the country on Advance Parole last month. The AP is now expired and I have been waiting for the new card since Feb 2023.
If this is pertinent to my question below, while my H1B visa stamp is expired. I have a I797 valid till July 2024.

Given that the I485 date is not going to become current for another 3-5 years or more, I am considering looking for other jobs.

1. Can I switch to another job that is NOT same or similar while retaining my priority date of March 2014? What would be the steps for that? The new employer is willing to file new PERM and I140. Are both a new PERM and I140 required in this scenario?

2. Is there a way I can start working for the new employer? What are the steps the new employer needs to take to so I can start working for them?
2-i) Can I start working on the EAD I have currently have even though the job is not same or similar?
OR
2-ii) Do I need to wait till H1B transfer is done and a new I797 is received? I assume that the new employer can file for H1B transfer and continue to renew based on the pending I485 from the previous employer?

3. Since the filing date for I485 is not current, I assume after the current EAD expires in July 2025, I will no longer be able to renew the EAD at the new employer? Is that correct? Continued future employment will need to be on the basis of pending I140 and I797 filed by the new employer, correct?

 

[Abhi989]

Including previous experience in new PERM application after changing employers: Implications and material misrepresentation concerns

Hi Sir, I have an approved i140 with company 1. Since the PERM position required one year of experience, I did not include all my previous experiences when my attorney filed the PERM labor certification with company 1. Now that I have moved to company 2, If I include all the experiences, I didn't mention in my previous i140 or PERM labor certification? Could this lead to a material misrepresentation issue if I include them in the new PERM application?

 

[Vaibhav31]

Clarifying intermittent H-1B rule: Duration of stay outside the U.S and returning within 90 days

Hi Rajiv ji,

I have already read your Economics times article and do know about 8 CFR 214.2 Intermittent H1B rule but still confused.

Some lawyers say that it's safer/suggested one should return to the US within 90 days and some say there is no limit as to how much time one can stay outside of the US on H1B?

Can you please clarify this once and for all?

FYI, I will be paid my h1b US salary while working from home in India.

 

[aniketnpatil]

H1-B filing eligibility without formal degree certificate: Opting for full-time position before graduation

Namaste Rajiv Ji,

Context : H1-B filing while awaiting the formal issuance of the degree certificate.

I'm a Master's student and my university makes me eligible to work on OPT if I have met all the degree requirements but still havent 'Graduated' (i.e., only capstone course remaining). I am on track to complete all of my degree requirements by December 2023 and Graduate in May 2024. Currently I am working as an 'Intern' in 'Company X ' and hence, I wanted to know that if my current company offers me a full-time position starting January 2024, will I be eligible to file for H1-B in March 2024, without a degree certificate? If yes, are there any downsides to it?

 

[aniketnpatil]

DS-160 application for parental B-1/B-2 visa: Address considerations for attending degree convocation

Namaste Rajiv Ji,

I have one more query.

Context: DS-160 application for inviting parents to degree convocation - B1/B2 Visa.

I'm a Master's student and currently working in other some other state than my University. Considering the current wait time for B1/B2 Visa, I am planning to apply for my parent's Visa ahead of time so that they can attend my convocation on-time. Will it be ok if I enter my current address where I am working in their DS-160 application for the sections - 'Address where you (parents) will stay in US' and 'US Point of Contact Information' ?

I appreciate the time you have given to me.

 

[LiannaMinasyan]

Changing status from L-2 to B-2 again: Legal stay and status considerations

I entered to US on B2, and change the status to L2 (5 mounts and 23days was on B2) can I apply to change of status to B2 again? my perm application is in process , my status ends at May 2024 i need to stay in a legal status after that date ? any advice?