Recording for December 05, 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: December 19, 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

 

[ganesh_Pn]

FAQ: Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes

I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.

If my boss is willing, can he

• Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process.
• Or should I wait to get h1b first till 2026 and then start GC after that?
• Or file for GC concurrently with h1b in 2026?

And Which option is the best for me?
Thank you very much in advance.

 

[Rayaprolu]

Can I hold both H-1B and L-1B visas concurrently and work under L-1B? What happens to L-1B if H-1B is approved?


Hi Rajiv Ji

Hope you are well. Thanks for helping out with all the immigration related queries.

I am working with company A for last 15 years. I am currently on L1B with a valid visa stamp and working in US office from the past 2 years.
I also got my H1B petition (lottery) approved with the same company (Petition expiring 2026-Sep) but choose a consular application instead of status change.

Now can I have both the visa stamped (H1B and L1b) in my passport after I attend H1B interview overseas and still choose to work under L1B when entering the country?

Will my L1B visa be cancelled if my H1B is approved?

Assuming I don’t switch to H1B before 2026 Sep. Can a different company B give me an offer by filing a H1B extension after 2026 Sep or should the company go for H1 lottery again?

Also, for my spouse to work is H4EAD or L2 which is the best visa considering current political situations?

 

[priyanka7]

FAQ: Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery?

Hi sir,
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B? Thank you.

 

[Sven]

FAQ: Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean?

Hello,

I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.

1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job which sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.

Just wanted to clarify what does - "Case Was Automatically Revoked" mean, Revoked - sounds a bit concerning. My role was terminated.

 

[rahil342]

FAQ: Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending

Hello Rajiv ji

First, thanks for helping so many people with your immense knowledge and dedicated time.



Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?

Q2: To follow up on the above scenario, if his H1 is denied (company-A), how much time does he have to leave the country?

Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?



*Note: His current company said they have not revoked the h1b.

Thank you very much, Sir!!

 

[strider81]

Eligibility for N-470 filing with short vacations: Legal interpretations and appeals process


Hello Rajiv ji

I am an LPR who has been physically present in US for about 3 years. i have an opportunity from my workplace to work abroad for a long term assignment (> 1 year). i am considering whether i qualify for filing N-470 or not. i believe my company qualifies since it is a US owned public company engaged in US foreign trade.

one of the requirements for filing N-470 that i read was that the LPR must be "physically residing in the United States for an uninterrupted period, without any absences, for at least one year after admission as LPR".

1. are you aware if taking short vacations (while still holding physical ties to US) disqualifies us from the above requirement ?
2. are you aware of any appeals to get around this requirement for short vacations ? it seems rather silly to enforce such a requirement during this global age that we are in.
3. do you think there is a good chance that the USCIS officer adjudicating the case interprets this requirement in our favor (for short vacations) ?
Thank you very much for your service !

 

[dp123]

Changing visa status from B-2 to F-1 post-layoff: Steps for COS, stamping, and coordinating F-2 applications

Hello Rajiv Ji,

Husband- F1> H1B >B2 (Laid off)
Me- F2(Rejected) > B2 Stamped

Currently in US with approved 1st extension of B2 . I have received I-20 for Masters program (Ranking is in best 3 in US- So hopeful that F1 wont be a problem)

1. So should I go for COS from B2 to F1 while in US ? or go to India and get F1 Stamped.(I understand that I need to stamp anytime i exit US)
2. Can my husband apply for F2 from B2 after my F1 is stamped or I need to be in US on F1 for that? In this situation is COS better since his B2 expires in March 25?
3. If I go for stamping and have F1 stamped in India in January 25 and my Program starts in July25 . Can I enter on B2 Visa in Feb/March 25 (Since we need to wrap up and move to new place before program starts) and then re-enter from Mexico on F1 later.

Thank you for your time and valuable advice. Grateful to you.

 

[J7.]

Building an EB-1 profile as a software developer: Minimum time required and key steps


How an ordinary software developer can build profile for EB1? What is the minimum time it could take to build such a profile?

 

[Kantharaju Pandurangappa]

I-94 extension process for H-4 visa holders with existing I-539 approval: Updating I-94 within the USA or crossing the border


Hi Rajiv,
I hope you are doing well, Happy ThanksGiving.

My question is related to I-94 Extension (As the current I-94 is expiring in May 2025)

Current I-94 is expiring in May 2025 (H4 Visa is also expiring in May 2025 which is linked to earlier approval - I539), currently i have H4 (I539) approval until March 2027.

Recently i had been to India (May 2024 - July 2024) via Abu Dhabi and while returning back to USA i had to go through Port Of Entry at Abu Dhabi where the Officer was asked me to show the recent approval (I539, valid until March 2027) and i have produced all the requested documents. But still the I94 has not been updated and showing 'Admit Until May 2025) on I94 Portal.

As i can see I-94 numbers are different on the current I-94 copy (Obtained from I94 Portal) and the latest approved copy (which is valid until March 2027).

I would need your suggestion on getting the extension
1. Can i get this done within USA?
2. Or i would need to cross the Border?
3. Or i no need to worry as i have the approval until March 2027 with a I-94 number on it?

Please advise

 

[sp47]

Assessing O-1 visa eligibility based on recent research publications: Immigration considerations and interview requirements


Hi Rajiv Ji,

If I publish 5 to 6 research papers in a year and apply for an O1 visa, will this cause any problems or speculations, or will this be taken negatively by the officer if I do not have any other publications in the past?

Are there any interviews before granting an O1 visa?

Thank you for your time.

 

[xyz1]

Required documents for Form I-539 COS to B-1/B-2 during H-1B grace period: Process and consequences of denial


Hello Rajiv Ji,

What documents should be attached with Form I-539 for COS to B1/B2 during H-1B 60 days grace period? Could you please explain the process briefly?

If B1/B2 is denied, within how many days one should leave the country? And will it be considered illegal stay until one prepare and leave?

Thank you.

 

[mr7blanco]

Addressing work location for PERM process and implications of remote work and client location changes on H-1B permanent residency: Compliance, relocation requirements, and PERM/I-140 adjustments

Hello Rajiv Ji,

I currently work for a client remotely through a consulting firm which is my employer.

Currently the contract is for a year and it renews yearly. I have been working for this client for the past two years.

My client location is Chicago, employer location is Richmond, Virginia and I work remotely in Austin

My employer A has initiated the Perm process and mentioned the employer address (Richmond, VA) as the work location.

My questions are

1. Is the address that my employer mentioned (Richmond,Va) correct or should it be Austin or Chicago

2. If Richmond is the correct address, would I be required to move to Richmond after i485 approval or can I continue to work remotely from Austin as long as my client is remote?

3. In case my client changes or my current client calls me onsite to Chicago anytime before i485 approval, would I need to redo perm and i140?