Recording for February 20, 2025, 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: March 06, 2025
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

 

[J7.]

Converting to F-1 with approved I-140 and pending H-1B to B-2

I-140 is approved and H1B to B2 is pending, how to convert to F1 without leaving US?

 

[nileshshah43]

Can I include paid CPT/internship experience in my PERM/I-140 application?

My company will start the PERM/I140 process this year. PERM job requires an MS+3 years of experience. After completing MS in USA, I have around 32 months of full-time work experience. If I include paid internship experience, I do qualify for the job. Can we include paid CPT/internship experience in the application? I did two paid internships during MS - The first internship had zero academic credits. Although the second internship had one academic credit, it was an additional credit on my 36 required credit requirements for MS (I have completed 37 credits out of 36 required credits for MS).

 

[vrushalimore28]

F-1 OPT: Maximum stay outside the U.S., Re-entry conditions, and unemployment days calculation

I am currently on initial F1 OPT (valid till July 12, 2025) and volunteering at my university under a professor’s supervision. Due to a personal and family medical emergency, I had to travel internationally, and it’s been around three months since I’ve been outside the US with an updated I-20 valid until March.
I have a few questions and would greatly appreciate your insights:
1 How long can I extend my stay in India while on F1 OPT without affecting my visa status?
2 If I plan to return to the US, what factors should I consider regarding re-entry and the current travel/immigration situation?
3 Will this period outside the US be counted as unemployment days under the F1 OPT regulations?

 

[Darshan Patil]

I-485 application with Class 1 misdemeanor conviction: Is Post-Conviction Relief (PCR) necessary or are there alternative options?


Hello Rajiv Sir,
I would like to know your opinion on how to Handle filing I-485 application when I have a class 1 misdemeanor conviction on the record 10 years ago. For a mistake committed in a car accident situation in 2013, I was prosecuted in 2015 and I was imposed with the above conviction. I did not fight it as I was not advised by counsel back then of any immigration consequences it would pose later. At this time the immigration lawyer at my employment firm has suggested my I-485 can be at risk of getting rejected because of the conviction and advised me to check if any criminal lawyer in jurisdiction of conviction can repair it through something called "Post Conviction Relief (PCR)". Few suggestions I have gotten from criminal lawyers is that nothing can be done now after so long time. I don't know which one is true among 1. Is a PCR (could be a long process) required to help chances of my I-485 adjustment of status application get processed smoothly. 2. If PCR is not possible in the county court to reduce the conviction sentence description, can my I-485 still be filed with some supporting explanations and any other options? Please advise.
Many Thanks
Darshan

 

[Rakshagirish]

Options for mother's long-term stay in the U.S. on B-2 visa while we move on L-1 visa

Hello Rajiv,
We are planning to move to USA shortly on L1 visa . My mother has active b2 visa but she is a widow and I am the only daughter . So how to make her stay with us as back in India she will be alone . We are looking for a possible solutions what can be done in this situation ? Is it allowed for her to stay for 6 months in USA go back to India for 3 months and comeback again or she has to be in India for more than 6 months to come back again for 6 more months . I also referred to your answer on FAQ , for this where you have answered that it can be done for cohabitant partners so my husband will be on L1 would mother in law is eligible for this case ? Also my mother is 53 years old is she eligible to get those exceptions to get the extension ?
Can you please guide on this ?

 

[sethidhruv188]

Changing status from L2Y to F-1 for college: Process, I-94 update, and impact of L-1 stamping


I came to the US in 2022 with my parents. My father is on an L1 visa, and I am his dependent on an L2Y visa. Initially, our visas were valid until December 2024. However, my father recently filed for an extension, and we received an I-797A stating that our visa has been extended until December 2026. Our visa extension was approved, but we have not traveled to India for stamping.

I plan to start college in September 2025 and need to change my status to an F1 visa.

I have a few questions regarding this process:
1. What is the procedure for changing my status from L2Y to F1 while in the US?
2. My I-94 shows an Admit Until date of January 2025. Do I need to leave and re-enter the US to update it or can I apply while remaining in the US?
3. Should we go to India for L1 stamping? Does it offer any other benefits apart from being able to travel outside the US?

I'd really appreciate your guidance on this. Thanks!

 

[Sunshine25]

FAQ: Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

Hello Sir,

I am on F1 OPT and working for a company. I have a few questions:

1. Am I eligible to volunteer with a nonprofit organization related to my field if the work involves event organization (webinar or In-person training)?

2. If I volunteer to review research papers or articles in my field, would that be considered permissible, or would it be classified as work?

 

[bsinga23]

FAQ: Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

I got my EB1A approved and in the process of filing my I765 and I485 concurrently,since my date for EB1A is current ,but unfortunately I got laid off now,so what is my option? Can I file Compelling Circumstances EAD and continue working once my Compelling circumstances EAD approved and convert to GC EAD once GC EAD approved?or file B2 visa and once GC EAD approval comes ,can i work?Can kids go to school during my Compelling circumstances EAD approval after grace period?

 

[Ringsingh]

FDNS site visits, H-1B amendment for address change, and premium processing for H-1, H-4, and EAD after Jan 18, 2025?

Hello Rajiv Ji,

I have 3 quick question :
1. Does FDNS site visit is only for third party companies or those who have an end clients? or it can be expanded to OEMs which hires direct employees (who do not have any end client)?

2. My current I am planning to changing my residential address (from 35 miles from my office to 10 miles from my office but within the same MSA as my office(as told by the company immigration lawyer). Does this require an H1 B amendment? How do I check the MSA information of 2 addresses (lets say for Michigan) online?
3. After January 18th 2025, It seems USCIS doesn't have to honor the Edakunni v. Mayorkas settlement. Does that mean going forward, If H1, H4 and EAD filed together in premium may won't be adjudicated together? what's the road looks like ahead?

Thank you,
Rajeev Singh

 

[RAJAug10]

Reactivating H-1B after switching to B-2 visa and working in India

Hello Rajiv ji,

I have a question related to H1B remainder. My H1B was selected and approved, I've I-797A and it was activated on Oct-1, 2024. Due to lay-offs my position got terminated after a 1week of H1B activation, so I don't have a visa stamped. Since, I've completed my 60 days grace period and prior to completion I changed status to B2 visa which will end in May-2025. If I go back to India and work in India for a year or two.

Is it possible to re-activate remainig H1B period with new employer who is willing to sponsor me?
Is it possible to re-instate remaining H1B period after I work couple years in India?
Will there be any issue while re-activating that H1B because I also had B2 visa that I'm currently holding and I don't have H1B visa stamped?

Thank you!

 

[fibonacci]

CPT delayed and denied: Addressing unauthorized employment and F-1 status violation concerns

Hello Rajiv Ji,

I came on F1 for a master's degree in 2018, currently am doing my second master's on Day 1 CPT, and will be graduating in May 2025. I have the following questions based on two different situations:

1. I recently encountered an issue with my CPT authorization, here’s the timeline of events:​

• Jan 31, 2025 (Friday): I switched to a new employer and received my work equipment that day. I was asked to change my password to complete the setup, and was also registered for the orientation. Unfortunately, my CPT I-20 was delayed by the university.
• Feb 2, 2025 (Sunday): My CPT request was ultimately denied due to an error. (I have fixed that error and it shouldn't happen again)
• Feb 3, 2025 (Monday): After learning about the denial, I immediately informed my employer. They asked me to return the equipment, and my employment was terminated the same day.
• Payroll: The company informed me that they are required to pay me for Jan 31 and Feb 3, through a regular payroll on Feb 14, 2025. They will also rehire starting March 3, 2025, hence my new CPT will be valid from Mar 3rd, 2025.

Given this situation, I am concerned because these two workdays (Jan 31 and Feb 3) will be considered unauthorized employment and could potentially show up as a violation of my F-1 status. Could you please guide me on how to address and resolve this issue?​

​

2. My new employer will be applying for my H-1B this year. However, even if I’m selected in the lottery, I will need to re-enroll in school after graduating in May 2025 since I’m not eligible for Cap-Gap. I am considering starting a third master’s program. While this would be my third master’s degree in the U.S., each program is slightly different but complementary, and all align well with my current job.​

Do you think pursuing a third master’s degree is advisable in this situation? Or would it be better to consider a PhD program in a related field? Or, is there a third option?​

​

Thank you so much!

Regards,
Shubham

 

[dp123]

B-2 visa extension vs. switching to F-2 based on spouse's F-1

Hello Rajiv Ji,
I am on B2 (1st extension approved after RFE ) currently. (H1B to B2) Laid off in January 2024.

I want to ask that if I am unable to land a job by March 2025 then should I
a)Go for 2nd extension of B2
b)Change to F2 based on my spouse's F1.

What are the points I should keep in mind. Thank you for your advice .

 

[Bob7]

Checking NVC status after EB-2-NIW approval and working on TN visa

Hello Rajiv
Q1: I am a Canadian citizen and got my EB2-NIW approved mid last year (2024). Since then, I have not heard anything from NVC. Is there a way to check the status of my application for next steps (counselor processing, etc)?

Q2: Under these circumstances, is it advisable to work in the US on TN Visa? If I work on TN, would it have any negative impact on my NIW application?

Regards
Bob

 

[abdulr]

Filing GC with 4 years left on H-1B and LCA home address requirement for remote work

Hello Rajiv Ji,
I am in my 2nd year of my h1b and have below 3 questions
1. Having green card process initiated with a genuine desi staffing company is safe even with the new Government right?
2. Even if I have more 4 years left on my h1b, it is still safe to have i140 initiated in premium processing right?
3. If my lca has only the office address as work location and if I visit office twice a month and work from home(same MSA) rest of the days, is it mandatory to have my home address also on the lca?

 

[tariqbutt]

Should I refile PERM under EB-2 category


I am on a H1B and my employer filed for PERM in Aug 2024, giving me a priority date on that date. I am Rest of World.

Given the PERM application specified the requirements of the job are a BA degree and also 4 years experience this qualified me for EB3.
However I spoke to my company lawyer last week and I pointed out that I do have a Masters which could have been argued is related to my work. She agreed and I then expressed regret that we did not file for EB2 given the backlogs hitting both EB2 and EB3.

My lawyer suggested we could refile PERM and keep my priority date. But that this would cost my employer a lot of money in legal fees doing this process again.

Before I try and suggest to my employer that they should spend money refiling PERM, my question is given a priority date of August 2024, and given I am Rest of World, would it be of much/significant value to be EB2 rather than EB3?

 

[xyz1]

FAQ: NIW I-485 rejected: Refiling options and priority date usage?

Hello Rajiv Ji.

1. If NIW I485 is rejected. Can we refile I485, or need to start new NIW case from I140 stage?

2. NIW I485 is rejected. If refile new NIW and it is approved, can previous NIW's priority date be used for this new NIW's AOS?

3. How trump administration will affect NIW I485 cases? Would you suggest any precautions?

4. Can petitioner file multiple NIWs simultaneously with different endeavors?

Thank you.

 

[monica1]

Salary on LCA is different than actual salary, consequences for employee

My visa status changed from F-1 to H-1B on October 1 last year. The salary listed on my LCA at the time of filing was $67,000, whereas my
compensation package at that time was: Base Pay: $56,000 Annual Bonus: $2,500
When I transitioned to H-1B, I requested my company to update my salary in accordance with the LCA. However, they responded that they
could not make an exception for me and that salary adjustments would only be made during the standard increment cycle.
Until last week, my employer was still paying me the pre-H-1B salary of $56,000, and they were not deducting Social Security taxes and
medicare taxes. When I raised this issue, they mentioned that the lawyer advised them it was acceptable to start paying the H-1B salary
after 2-3 months. They are also refusing to provide arrears for that period. In the latest increment cycle, my salary has been revised as follows:
Base Pay: $63,200 Performance Bonus: $4,000 (to be paid at year-end or next year) This situation is deeply concerning for me. Due to my paycheck constraints, I am unable to travel to India for medical treatment, as I am worried that my visa renewal could be at risk due to my paychecks not aligning with the LCA requirements. Additionally, this issue is preventing me from pursuing an H-1B transfer, as I fear a rejection
due to these discrepancies. If Rajiv Sir could address the following questions in today’s conference call, it would be incredibly helpful for me to understand my situation better and take the necessary steps to protect my visa
status:
1. If an employee was working before October 1 and continued working after their H-1B approval, but their salary before October 1 was below
the LCA amount, from what date should they start receiving paychecks as per the LCA?

2. If an employer delays the salary adjustment for 2-3 months and refuses to pay arrears, what consequences can this have on the
employee’s visa status and on the employer?
3. If the salary listed in the LCA is $70,000, but the employer structures it as $64,000 base pay + $6,000 performance bonus, does
this comply with the LCA requirements, or should the base salary itself meet the LCA minimum?
I recall that in yesterday’s podcast with Yudi J, Rajiv Sir mentioned that he would be happy if he could help even five people. H-1B is
everything for me—I have an education loan of $90,000, and if my visa gets impacted, my entire future is at stake. If Sir could address
these concerns today, I would have a solid basis to discuss this with my employer and potentially safeguard my visa.