Recording for February 01, 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. Whether you are 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: February 15, 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

 

[M123]

Lost H-4 and H-4 EAD due to husband's layoff, COS to B-2, and H-1B transfer - Do I need to file a new I-765 for H-4 EAD upon returning to the US?

My husband was laid off in Aug' 23 and it took more than 60 days to file his new H1B. So, in the process I lost my H4 and H4-EAD validity as well in Oct' 23. Meanwhile, I traveled to India to not accure any unlawful presence and my husband filed a COS to B2. His COS from H1B to B2 and B2 to H1B was processed concurrently in Nov' 23 and now he has a valid H1B with a new employer. I filed for my H4 in India and will be getting my visa soon.

My question is - Do I need to file a new I-765 for H4-EAD after I reach the US? My earlier H4-EAD card has a valid to date of December 2025.

 

[Hrz1]

FAQ: The path for an entrepreneur from STEM OPT or H-1B

Hello sir,
Thank you so much for helping me!

I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.
1) In order to establish emloyer-employee relation would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?
Should I wait at least 6 months before using I-485 EAD?

Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

Will you please give me any further suggestions



Thank you very much!

 

[AkhilS]

B-2 visa rejection under 214(b): Understanding the possible reasons and reapplication strategies for family visit

Hello Sir,
Hope you are doing well.

I'm in US on H1B and my uncle's (my mother's brother) B2 visa got rejected with 214(B) today. He was planning to visit US with his family this year for 3 weeks of vacation. Due to some technical issue on the new visa portal, we had to schedule a separate appointment for his family in May 2024.
Visa officer asked the below four questions.
1. Purpose of visit. Answer: tourism, to visit LA, SF, LV etc
2. How much you are earning.
3. Have you gone out of India before? Answer: No, This will be the first international trip.
4. Why are you going alone? Answer: family is scheduled for an interview in May 2024 and provided family and trip details in DS160 as well.

My uncle is 45 years old and has a well-established pharmaceutical business in India. In his DS-160 we mentioned that he'll stay at my home and I am his relative in US. He was carrying all the necessary documents but as you know, they usually don't ask for any documents in the interview.

After the above 4 questions, the counselor rejected the application. I am planning to cancel the appointment of my aunt and their kids because my uncle was the sponsor of the trip and his visa was rejected, so I believe there are high chance of rejection for their visa as well.

- Any guess what could be the reason for rejection?
- Please suggest how can he overcome 214(b) rejection. They didn't ask for his funds or any other details. He is financially stable and can easily afford a trip to the US.
- In the next application, should I say that I'll sponsor their trip to show that money is not a constraint?
- I understand he can apply again any time but any recommendation how many months or years he should we wait before applying again?
- Any recommendation to apply in the same embassy or other embassy?
- If we fill DS160, and schedule an interview but cancel the appointment, will it be counted as "Have you ever applied for a US visa before?"

Thank you very much in advance!

 

[n.srikanth42]

Travel predicament: Switching from F-1 to H-4 after COS approval within the US

Hi Sir,

Recently my COS from H4 to F1 is approved within US. Now due to personal reasons Im travelling to India and I dont want to be on F1 visa. In that case, can I travel back to US on active H4 visa which I had when travelling to US initially without appearing for F1 stamping? Or should I again apply for change of status from F1 to H4 in india for travelling to US(since my COS isapproved from H4 to F1 within US)?

Request your suggestion/ help in this regards please.

PS- I’m travelling to India on 5th Feb 2024 on valid H4 visa(expires on 30th Aug 2024) and has approved COS from H4 to F1 within US


Thanks,
Srikanth

 

[JSR22]

F-1 student helping family business during COVID: Concerns about I-485 misrepresentation and legal advice immunity

Hi sir,
while on f-1 status i happend to help a family member in their business during covid time. since no pay was involved few lawyers said its not employment hence answered No on i-485. just in case if the uscis sees it otherwise. will it be a misrepresentation done by me or would i have immunity as i acted on lawyers advice.

your wisdom will surely give me a clarity

Thank you so much

 

[pratiknavadiya12]

Timing for H-1B filing: Can the employer file H-1B in 2024 before graduation for students (dental) on OPT?

Hi Sir,

I am an international dental student (F-1). I am pursuing my advance standing program dental degree from Boston University. I am graduating in May-2024 and I will get my diploma in August-2024. I have employer who is offering me a Job when I will graduate and get my OPT EAD. As dental has only one year OPT and will get one chance for H1-B in March-2025. Can my employer file a H1-B this year in 2024? As H1-B filing will be in March-2024 before my graduation.

Thank you Very much in advance...!!!!

 

[Ringsingh]

H-4 EAD approval time, understanding H-1B sponsorship in consulting, and USCIS classification for mechanical engineering in the automotive industry

Hello Mr. Khanna.

My Spouse has applied for COS H4 and H4 EAD at the same time (Receipt notice Oct 25th, 2023). H4 got approved on Dec 26th (valid from Dec 22nd, 2023).
1. Usually how much time it takes to approve EAD (and also when does that time counts from the date of H4 approval OR date of receipt notice?) Is there we can do to expedite it? The documents were sent to California Service Center.
2. I am new to the consulting industry, and I need how does the H1 B sponsorship work. And all the representatives I have been in talk to appears to be fake as I do not understand the process and also, they keep using the term Vendor, client and consultant and contractor. What parameters I can verify or at least have an idea if they are legit?
3. Does mechanical engineering professional in automotive industry comes under emerging technologies specified by USCIS?

Regards,
Rajeev Singh

 

[AKonda1981]

H-1B overstay, future visa options, and I-140 utilization after timely extension amid employer issues

Hi Rajeev Sir,

Appreciate your effort in answering immigration related questions.

NOTE: I have been very honest in my H1B filing and had no problem with extensions in the past.

I would like to know-

1) if there would be any bar on me due to my H1B overstay of more than 240 days even though I filed my H1B extension timely ?
2) Will I not be able to apply for H1B visa in future and utilize my I140 for Green card processing?
3) Please let me know if I have any options in my situation.

My details are-

1) I had my H1B valid till May 30, 2017 (Have approved I140 with current date as March 23, 2013).
2) Filed for H1B extension on May 22, 2017 (before I-94 expiry date)
3) Filed H1B amendment in Oct 2017 while H1B extension was still pending.
3) Left USA in Oct 2019 as I already stayed beyond 240 days after my I-94 expiry.
4) Didn't hear back from USCIS until after I left USA.
5) After I left USA, RFE was issued and my employer withdrew my H1B petition as I was no more in the country.

Note: During this time, employer was serving jail sentence for visa fraud case and money laundering. Employees were not made aware of employer's situation until 2018 second quarter and hence I was waiting positively for my H1B approval beyond 240 days.

 

[Gme]

AOS concerns: Leaving the US on H-1B with approved EAD/AP, and future steps for the green card process while in India

Hello Rajiv Sir,

I am currently working on H1B visa and I have a priority date of Aug 2014 under EB2.
I have been working with same employer for last 11 years and filed for my AOS in Nov 2020 when my dates were current.
I have my AP/EAD approved but I am working on H1B visa and my wife is on a parolee status using EAD/AP [ Have 2 kids both US citizens]

I am planning to leave my job and move back to India due to family reasons but I do intend to come back to USA to get green card/citizenship.

1) Will my application be abandoned if i leave the county?
2) If not , do i need to keep renewing my EAD/AP until my dates become current to keep my AOS active ? And is it possible to renew them from India or you need to be in USA to renew those ?
3) When my dates do become current in future, what will be the process to get the green card while living in India ?
Will i need the offer letter from the employer who filed the initial I -140 or offer letter from any employer will do ?

I am mainly trying to understand if I move back to India will i loose my place in queue or is there a process to remain in queue and get GC if and when dates become current in future.

Thanks again for conducting these conference calls and helping the community.

 

[NatashaM]

Green card denial for parent due to missing I-864 page: I-290B appeal and next steps

I applied for my parents' green card November 2022. USCIS asked for more information June 2023. January 2024 my mom's case is denied based on one page missing in her I-864 form. it is the last page with additional information which she did not have. What should I do next? I-290B? what are my chances? File I-485 again? in that case do I have file i-130 if it is still pending?

 

[Biotechinboston]

H-1B job transition timeline and last working date considerations

Hello Mr Khanna, I hope you are well. Thank you for your posts and insights they are always helpful. I had a quick question to ask. I am currently working on H1-B and I received an offer recently from a new company. After talking to the immigration lawyer they have recommended the start date would be April 1st. That's the tentative time that they would be able to complete Labor application and visa transfer, and I can start the job. I was wondering what's the last date till which I can work in my current company or do I have to stop now that the other company has already started the visa process. Thank you so much in advance

 

[ns2020]

H-1B and H-4 EAD status: Working on H-4 EAD after traveling abroad on advance parole

Hi, Thanks for your service.

I am on H1-B with a valid stamped visa till 2026. My wife's H-4 renewal is also approved till 2026, however, she does not have a stamped Visa. She is currently working based on her H-4 EAD. If she travels abroad and enters on Advance Parole (Based on I-485), will she be considered still on H-4 Status and thereby can she continue to work based on H-4 EAD, or does she need to switch to GC EAD?