Recording for February 02, 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: February 16, 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

 

[ravick4u]

FAQ: Criteria for national interest waiver || NIW for physical therapists

Hello Rajivji,

First, I would like to thank you for this community call and for helping the community.

Here is my situation,

I am on h1b working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as Physical Therapist.

1. Recently, I learned the Physical Therapist comes under NIW and would like to know if that is true.
2. Can her employer file for GC while she is on H4 EAD status?
3. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
4. I have heard some recent updates regarding premium processing with the NIW category. Could you please let me know where she can benefit from this new premium processing?
5. Can she use my priority date to file an adjustment of status?

Thanks

 

[shar96]

FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery

Hello Rajiv Sir,

I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:

1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.

Any guidance is really appreciated. Thanks a lot in advance!

 

[immi254]

U.S. citizen child age, 21 applying for parents' green card

Hello Rajiv,
Can my US Citizen son 21 years old who is a college senior sponsor green card petition for me and my wife. Does he have to show he can financially support me and my wife ? I have already filed for my employment based I-485 petition, my priority date is not current.

If so, do we need to consult with an immigration attorney to file the petition?

Thank you

 

[kir55]

Role eliminated by the previous employer after approval of green card but new employer filed Supplement J. Will this be an issue for moral character grounds while applying for N-400?

Hello Rajivji,
Here is my background: I am a GC holder under EB1C category, eligible for US Naturalization process in next 2 years. My role was eliminated in layoffs by my employer, who sponsored my GC. I joined another employer who filed I-485J soon after joining them. I received my GC (485 approved by first employer) and after few months, my I-485J sponsored by second employer too got approved. I rejoined my first employer (who originally sponsored my GC) after working for 11.5 months after GC approved date with my second employer (15 months tenure with second employer).
I've a question: When I apply for N400 approval, will there be any challenges or concerns for changing employers on the moral character grounds? I changed employer due to layoffs or preemptively changing employers anticipating potential layoffs? I worked with my employer for ~ 1 year after GC approved date and went back to my first employer. Given the Covid pandemic situation in the last couple of years and now, with the bad economic situation with lot of layoffs happening in the Industry, I changed my job anticipating potential layoffs. Is it going to cause any problem? I am a law abiding person and filing taxes as required within timelines. Please advise.
Thanks for your services to immigration communities.

 

[sam445521990]

Benefits of working on F-1 OPT status and change of status

Thanks Rajiv for your time.

My case briefly

On F1 visa for all the periodI. I-485 was filed in June 2022 and I ended F1 in September 2022. My 180 days are over and I have my ead which means I can change my job, although I have not been working since last year as my opt ended and went back to school and my company sill wants me back. Now I live in another state.I thought my case is different as I was not on H1 and have not been working for more than a year. I was wondering what you think if I chang my job. I have to appear for the interview shortly. In that case I have to show my new job offer or can I show even the employment verification letter from the other company with that?

 

[Jia333]

FAQ: Can H-4 visa (no EAD) holders take an unpaid internship?

Hello Mr. Khanna,

I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
I would like to know your opinion about this.

Thank you for this forum.

 

[Subu S]

What happens if the Indian passport expires before filing U.S. Citizenship?

Hello Rajivji,

Thank you for your service to the community.

My Green Card was approved 4.5 years ago, I am eligible to file for citizenship , I travelled out of US to India only for 20 days during this period.

My India passport has expired 3.5 years ago and I did not renew it. Since I don't have any permanent address in India, I was informed that it may take long time to get a new passport.

My question is ,

Can I file for my citizenship with an expired passport ?

or

Should I wait for the new passport to file ? What are the pros and cons ?

Thanks for your help.

 

[Shipram]

Determining same or similar occupation after getting AOS EAD or green card: Software engineer to Product manager

Does a Software Engineer job change to Product Manager in a Technical company qualify as a 'same or similar job'?
Can such a job change be made after getting the AOS EAD or only after getting the Greencard?

 

[danp5301]

FAQ: Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?

Hi Rajivji,

Can an h4 ead holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?

Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?

 

[dhananjaysingh]

Cross-Chargeability rules for employment-based green card

Hello Rajiv Sir,

My question has to do with cross-chargeability rules for employment-based Green Cards. Here's some background.

I am an H-1b holder born in India. I have a certified PERM (NYC Location Prevailing Wage) and an approved I-140 with a PD of Dec 2019.

My current GF was born in South Africa and is currently in H1b status. I still work for the same employer but I relocated and we both live and work in Seattle now.

My question is, if I was to get married to my GF, would we be able to file for AOS, via the cross-chargeability rule? I guess I am not sure if cross-chargeability would apply in my situation given that:

1. My PERM was filed in NYC but I am now in Seattle, so different location.
2. The Rest-Of-the-World EB-2 is NOT current as of Feb 2023, so a ROW person (e.g. my GF) wouldn't be able to apply for AOS.

Could you provide some clarity Sir if 1. and 2. above matter at all, or if we are fine to apply for AOC? Thank you so much!

 

[eef]

FAQ: H-4 visa dependent children change of status to F-1 before 21

Hi Rajiv Ji - Thanks for your help.

My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
* By what date/age she needs to change her status from H-4 to F-1?
* Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?

Thanks for your help and for clarifying my questions ..

 

[Shipram]

Checking H-1B visa status expiration

While employed with my long-time employer on H1-B, I got the AOS EAD card as well. However, I continued to get H1-B renewed.

In July 2022, the following happened -
I had an H1-B visa stamp in passport expiring on Sept 2022 (had used this to make my last entry to the US from abroad), a new H1-B approval notice expiring in March 2025 and and AOS EAD.
When the company asked for work authorization document for the I-9 form, I gave my EOD card. Does this mean that my H1-B status was paused or voided? Is the USCIS informed of this? How do I get back on H1-B status?

 

[Shipram]

Laid off on H-1B (Defining out-of-status and unlawful presence)

An Indian citizen (by birth) employed in XYZ has the following -
1. Latest H1-B visa stamp in passport expired in Sept 2022. Last entry to the US on this visa stamp. Thus, the I-94 arrival/departure record stating the "Admit Until Date" as Sept 2022.
2. I-140 approval with a priority date of July, 2014 achieved in 2015
3. I485 application based on employment with XYZ pending for >180 days
4. AOS EOD/AP in hand with an expiration of August, 2023
5. New H1-B approval notice (I797) with the I-94 date in March 2025 in hand.

Candidate gets laid off from XYZ in January, 2023.

Could you explain when this candidate will start accruing "out-of-status" or "unlawful presence" or any other bad record?
How can this be mitigated? Would you recommend filing for B1/B2 in this case to maintain legal status? Or any form to maintain legal status using the EAD?

 

[DEEPAMENON]

FAQ: Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?

Question from a Community Member:

My case in brief:
I am currently of F1 OPT (STEM), valid until 15th June 2023.
My company will be filing for H1B this March.
However, I am wondering if I should be filing for an H4 visa simultaneously.
Could you tell me how long it takes for an H4 visa and an h4 EAD to process?
If I file for an H4 visa in February, would I lose my f1 visa as soon as the h4 visa is approved?
Is there any new policy where I can get h4EAD sooner? And moved my F1 EAD to h4 EAD without any employment gap?
Should I wait for the h1b result before applying for an h4 visa?
What is the best scenario to switch from F1 OPT EAD to h4 EAD, without/minimum employment gap?

Thank you for your time. I would highly appreciate your suggestion and thoughts on my case.

Aslesha