Recording for August 22, 2024 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. Even if you are not a forum member, you can call in and ask questions or listen to the discussion live. Questions marked as FAQs will be addressed first, and these FAQs 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: We answer posted questions and follow-ups first.
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Call Details:
Next Call Date: September 05, 2024
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

 

[Jeel7464]

Post-OPT unpaid internship, potential return to India, and re-entry

Hello, I am Jeel Patel and I recently graduated from the University of Alabama at Birmingham with a masters degree on April 24, 2024. My OPT start date was June 24, 2024. I recently got an offer letter for an unpaid internship and currently pursuing this internship while finding a full time position. The company I am working for right now is not a consultancy, Its a small startup company run by a retired professor. My supervisor is ready to extend my internship in case if I will not be able to find a full time position. My doubt is, If I will not be able to secure a full time job in the next couple of months, Can I go back to India? I will keep finding a job from India and If I will get a full time opportunity, will I be able to come back to USA? Can I use this unpaid internship offer letter to come back to USA if I decide to go back to India?

Thanks for your support!

 

[StilIThinking]

FAQ: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university

Hello Rajiv Ji, I hope you and your family are well

I am a Cloud Solutions Engineer at a reputed private nonprofit university.

I work with the university's Professors, Postdocs, and Researchers ( more than 300 headcounts) and act as their direct point of contact regarding infrastructural needs for their projects. I can get multiple recommendation letters stating just that. I also have 10+ professional certifications in the field that I am working in.

I am currently in STEM OPT, and the university has agreed to file an H1b in the final year of STEM OPT. I am unsure about the path for me once the h1( cap exempt) is approved because we haven't discussed that yet. Do you think it is okay for me to request the university to file an i140 with the EB1 route? Have you ever seen cases of my similar background filing the EB1 route and seeing success?

Thanks for your help in advance

 

[Anonymous7]

FAQ: Layoff on H-1B, Changing status from B-1/B-2 pending to F-1

1. Layoff on H-1B. I applied for B1/B2, and the decision is still pending. Meanwhile, I decided to join the school, so is it possible to get a change of status to an F1 visa while the B1/B2 decision is pending?

2. Can we start school while the F1 visa change of status decision is pending?

3. After the F1 status change is approved, can we stay in the US until school starts?

 

[Eb2or3]

FAQ: Impact of layoff on green card status and future naturalization

Hello Rajivji,

My previous employer filed I140 in the EB2 category, securing me a priority date of March 28, 2012. My last employer filed I140 (approved), AOS in EB2 category using the March 28, 2012 priority date in October 2023. Unfortunately, I got laid off by the petitioning employer, with June 17, 2024, being my last day of work with issued paystub. A week later, on June 24, 2024, my I485 got approved, and we received our green cards in the mail. I am searching for another job but would like to understand (1) if my green card will be retracted or canceled by USCIS now as they find out I was laid off and (2) if I will’ve issues at the naturalization stage. (3) What should be my next course of action to avoid any issues with naturalization?

Best.

 

[bhar123]

Activating H-1B status after approved change of status from F-1 to H-4 with H-4 EAD

I would like apply for H4 status + H4 EAD, I am currently on F-1 status in cap-gap period. I have my H1B approved starting 10/1/2024. My spouse has I 140 approved.
Can I apply I 539 with a future start date like 11/01/2024. So that I can activate my H1b for a future transfer?
If so, in the form should I select my current status as F-1 or H1B?

 

[MrAbheysharma]

Cross-border employment: Ensuring F-1 OPT compliance while living in Canada and working for a U.S. employer

Hello Rajiv Sir,

I have a question and this time its about my soon to be wife. She is on F1 OPT and is working for a FAANG company. I am planning to apply for her Canada spouse PR so she can work in the US and live in Canada the same as me. I cross the border once every week and work in US and I want the same for her. I have H1-B and Canada PR but she has F1 OPT and will get her Canada PR through in 1 year. I want to ask if she’ll have any problem entering in the US every week on OPT. I don’t face any issue on doing the same on H1-B and Canada PR. Please advise how should we navigate living in Canada and continue to work for the companies she’s already working for.

 

[msdr]

L-1 visa application process for individuals transitioning from F-1 student visa

Hi Rajiv ji,

Thank you for this amazing forum.

I have a question regarding visa transitions. If a student is currently in the U.S. on an F1 visa, can a company they previously worked for in India apply for an L1 visa on their behalf while they are in the U.S.? If so, what considerations should both the student and the company keep in mind?

Thank you.

 

[msdr]

Employment legality after EAD expiration and pending marriage-based green card application for employees

Rajiv Ji,

If the EAD from a work visa has expired, but an EAD based on a marriage-based green card application was filed before the work EAD expired, can the employee continue to work legally? Additionally, what impact might it have if the employee continues to work under these circumstances?

Thank you.

 

[Neel1379]

FAQ: H-1B laid off: Second B-1/B-2 visa extension

Hello Rajiv Sir,

Got laid off in January this year. On B1/B2 currently, good till September 24, 2024. I have two questions:

1. seeing current market conditions, I am contemplating things becoming better regarding job opportunities during November-December. So is it advisable to apply for the 2nd extension of B1/B2 almost one month before (i.e., one month before September 24, 2024) so that it's approved by the time there are actual job opportunities and it's not a hindrance?

2. Are there any specifics that I need to be aware of for the 2nd B1/B2 extension (in comparison to the 1st CONVERSION), or can I use the same formats that you have provided in your blog with similar reasoning?

Kind Regards

 

[Swait]

F-1 visa re-stamping and document submission options for travel to India while on STEM OPT

Hi , My f1 visa expired this july 2024 and i want to travel to india this November. I am on stem opt and ead expires july 2025 . I got a dropbox visa appointment date for stamping in November 2024 at chennai VAC. Is this a common thing for people to get their f1 visa re-stamping?
Can i drop my documents at delhi VAC instead of chennai ?

 

[d_area]

H-4 EAD application issues after layoff and best steps for overcoming USCIS rejections

Namaste Rajiv Ji,

This is my sixth year on H1B. I was again impacted by layoffs and my grace period ended in May 2024. Fortunately, my spouse received her I-140. Her employer's attorneys are helping me move to an H4-EAD. We are both physically present in the US.

April: filed H4-EAD (pending)
May: filed H4-EAD (pending)
June: filed H4-EAD + spouse's H1B extension (premium processing).
>>USCIS rejected my H4 application stating missing I-129CW (does not apply to me).
July: filed H4 standalone.
>>USCIS rejected my H4 once again stating missing I-129CW.
August: filed H4-EAD (third time lucky?)

I created multiple support tickets with USCIS but to no avail. What can be my best course of action?

 

[Sven]

B-2 visa extension, F-1 transition, and future employment opportunities for visa holders after layoff

Hi Rajiv sir,

1 - Currently on approved B2 valid till Oct 20th. Can I apply for B2 extension? If yes, whats the ideal time to apply for it? Can I stay in the US while its still pending? And will it have any issues switching back to H1B or H1B ext or GC in future?

2 - Last year I had started Day1 CPT program. Got my H1B picked in 2nd lottery. I then deferred my college program after completing two semesters once H1B was approved. Got laid off in Feb. and currently on B2. Can I switch to F1 and resume the same program on Day1 CPT? And then switch to H1B when I get a job which sponsors? If yes, when should I file for F1? Will this cause any issues in future?

3 - Return back to India after B2 end date in Oct 20. Can I return back to the US on B2 and then look for jobs? How long do I need to wait before coming back to US on B2? - I feel its easy to look for a job while in the US compared to being in India.

Thank you!

 

[srs0710]

Assessing travel risks and visa options for returning to the U.S. with an expiring visa and EAD while considering day 1 CPT

My visa is expiring on 13th November and EAD on 13th Feb.
Due to certain unavoidable circumstances I will have to travel to India for couple of days, by August end.

1) Although since my visa is expiring in 2 months, I am not entirely sure if it is a safe decision to travel. Can I have issues while entering back to US.
2) After enrolling for Day1CPT, will it be safe to travel to India and try to get F1 visa to travel back to USA?

Thank you

 

[Vishal1121]

H-1B visa renewal and travel while awaiting receipt number

Hello Rajeev Sir,

I am on H1B and my H1B visa stamping is expiring on 02 September 2024. I have filed for an H1B extension but yet to get any receipt from the USCIS. Can I travel to India and return on or before 01st September 2024 without H1B receipt. Will i be having any challenges if I am returning 1 -2 days before the expiry of visa stamp and without H1B receipt number. As I return on 01st September 2024, I will be given I-94 with validity date of 1st September 2024. So, can i continue to work with out H1B receipt number. Could you please provide your inputs if i can reenter and continue working without H1B receipt number.

Best regards
Vishal

 

[mzo]

Diversity visa lottery: Considerations for adjustment of status from B-2 visa

Hello Mr. Rajeev,

We arrive to US with B2 visa on 21st May 2024 and got to know that my husband winning of DV-2025 lottery with AS11xx. We plan to do AOS in here since Visa Bulletin for Oct is out for 3000 for Asia which will be current in Oct 24 for us.
As also getting advices from this forum, I just want to confirm again since we are worried and our home country is having civil war that we have difficulty to proceed CP due to our certain situation too.

1) Is AOS through DV from B2 will be a good decision?

2) Will we become overstay even if we filed i485 before our B2 expires (1st Oct 24) but B2 will expire by the time of interview appointment happened? B2 expiry date 20th Nov 2024

3) We maintained our status without working and studying (both full time and part time). But we want our 8 years old kid to enroll at public school in this September since he insist wanting to join school. We went to school and family welcome center to ask but they ask us to approach and get suggestions from who understands the immigration status issue since school will accept regardless of parent’s immigration status.
Is letting our child go to school will become not abiding the visit visa rules?

Your valuable advice will be very important to our family.
Many thanks and regards,
May

 

[Rajiv S. Khanna]

Diversity visa lottery: Considerations for adjustment of status from B-2 visa

Hello Mr. Rajeev,

We arrive to US with B2 visa on 21st May 2024 and got to know that my husband winning of DV-2025 lottery with AS11xx. We plan to do AOS in here since Visa Bulletin for Oct is out for 3000 for Asia which will be current in Oct 24 for us.
As also getting advices from this forum, I just want to confirm again since we are worried and our home country is having civil war that we have difficulty to proceed CP due to our certain situation too.

1) Is AOS through DV from B2 will be a good decision?

2) Will we become overstay even if we filed i485 before our B2 expires (1st Oct 24) but B2 will expire by the time of interview appointment happened? B2 expiry date 20th Nov 2024

3) We maintained our status without working and studying (both full time and part time). But we want our 8 years old kid to enroll at public school in this September since he insist wanting to join school. We went to school and family welcome center to ask but they ask us to approach and get suggestions from who understands the immigration status issue since school will accept regardless of parent’s immigration status.
Is letting our child go to school will become not abiding the visit visa rules?

Your valuable advice will be very important to our family.
Many thanks and regards,
May

Sorry, we do not work with DV visas.