Recording for January 23, 2025, Conference Call with Rajiv S. Khanna

[DEEPAMENON]

Recording for Jan 23, 2025 Conference call

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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: February 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

 

[rd@1012]

H-1 stamping rejection possibilities

I have got H1B extension in November 2024, I am planning to India for stamping as per the date availability. Is there any issue or rejection during stamping?, since I am carrying 3 years of bachelor degree from Mumbai University in Economics and having 18 years of experience in IT.

Please advise.

 

[HariSeekar]

FAQ: Relocating to India with GC, how to apply for US citizenship?

Namaste Rajivji,

We primarily have questions on relocation to India and possibilities.
My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.

However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?

We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?

Please advise. Thank you!

 

[NC1712]

Gap in approval dates between change of status from one status to another

Dear Rajivji, I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.

On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.

On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.

However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
Please advise.
Thank you,
Naren

 

[shals716]

FAQ: H1B cap exempt visa pros and cons

Hello sir,

I am on OPT, which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation, and they can sponsor me for an H1B-exempt visa. I have a degree in computer science, and I ultimately want to work in corporate America, which means I need to get an H1B cap-subject visa.

My question is whether I should get this H1B exempt visa through my current organization or if I should try to switch to a different company and use my remaining two attempts at the lottery. I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B-exempt visa jobs are less and pay less. And though the option of an H1B concurrent visa is there but I feel in reality, it will be challenging to get a company to allow me to work for another company due to NDA requirements and also allow part-time work. (But I would appreciate your advice on this since you must have had client experience.)

Can you advise me on how to get the H1B exempt visa now? Does it have any advantage, given I want to transition to a corporate company? What options will I have if I switch to a for-profit organization? Also, I am currently funded through a grant, and it has runway till July 2026.

I have seen people saying not to get an H1B exempt visa as you will be stuck in that category, but I also feel that any H1B visa will be better than F1. I need your advice please, sir.

Thank you so much!

 

[abhas2695]

Is specialized degree required for H-1 extension or I-140 as per Jan 17 new rules?

Hey , I am working as a business analyst on an H1B Visa which is up for extension next year September, I am concerned about the new rules defining specialty occupation job requirment .

I have an MBA in Business Analytics and while I started working at this job the job listing which was sent for LCA didn't mention an specialized degree as requirement instead in the education requirement it said bachelor's degree with 1 year experience but as per the new rule effective 17th jan the job listing should mention a specialized degree in the job listing for it to be considered a speciality job position.

Current job -Cap Exempt Non Profit

1st H1B picked in lottery at a previous organization and then transfered to the current job which is cap exempt

Question 1- will that cause problems for me when I apply for my H1B extension next year?or when I apply for i140?

Question 2- Is it allowed to submit a modified job listing when applying for H1B extension and i140 ?

 

[arpitarathore]

Change of status from tourist visa to F-1 or B-2?

Hi Sir. Good afternoon!
I am in USA on tourist visa. I am thinking of applying for college.
Question - Getting F1 visa appointment in India is really hard at the moment. Could I change the status staying inside the USA?

Question - while I am waiting for change of status approval, can stay here legally or do I need to file for B2 extension?

Question - Is it possible to go to Canada and apply for F1 visa appointment? Will it be safe?

Thank you so much for your time.

 

[tariqbutt]

When to apply for GC after marriage?

Situation:

• UK National on H1B living in the US, girlfriend of 1.5 years is US Citizen.
• Current Living Situation: Both currently rent separate apartments in Los Angeles 20 minutes from each other.
• Future Plans: Planning to buy a home together once girlfriend's foreign property is sold. This is taking longer than expected since iit’s a large guesthouse in a country with a slow property market.
• Why dont we just rent one place in the US?: We both have small rental units that have month to month leases. We don’t want to get a new 1 year lease only to have to try and break the lease when her foreign residence sells and we buy a new place in the US. My girlfriend’s US rental is small but suits her and her daughter who she has 50% custody of. My rental functions as my office, so when I am working I go to my rental as it’s quiet and has a decicated office space. I spend half the week at girlfriend's rental but essentially maintain own rental for work purposes. My girlfriend also joins me at my rental when her daughter is with her father.
• Marriage and Green Card: Planning to get married this year and considering applying for a green card via marriage.

Questions for Rajiv:

1. Should we apply for the green card immediately after marriage or wait until we have purchased a home together and no longer rent separate properties?
2. Or alternatively would it be ok to keep our current living situation and apply for the green card, but to perhaps take additional steps with it that would be beneficial to the green card application. Such as moving all my possessions into my girlfriend's place, to demonstrate a more solidified living situation, while still maintaining the current rental for work purposes? Or reducing time I spent at my rental to only 3 night a week or something like that?

Our relationship is 100% legitimate and I would hate for this idiosyncrasy of our living situation to cause issues with the process. But I also dont want to be forced into renting a larger place that locks us into a lease we dont want when we hope to buy a place as soon as we can.

 

[Shashank1995]

Documents required for H-1B stamping and H-4 Visa

My H1-B (cap-exempt) was approved in February 2023. I plan to visit India in 2025 for my first stamping—what documents/forms should I prepare? Also, since my H1-B expires in February 2026, when should I discuss the extension with my employer and green card process as well?

If I get married during this trip, how should I proceed so my spouse can join me in the U.S. on an H4 visa? Which steps, paperwork, and contacts (both at my company and among relevant authorities) do I need to be aware of?

 

[xyz1]

Questions about I-539, NIW I-140

Hello Rajiv. my questions are:
1. Is it going to be a problem if forgot to submit job search evidence with I539?
2. Does change of location has any impact on approved NIW I140?
3. In visa applications, last address of home country provided is where applicant was living instead of permanent home address. Will it cause any problem?
Thank you.

 

[Manikantakotaproolu]

FAQ: Can an H-1B holder start a company with a full time job?

Hi Rajiv,

As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?

 

[rp9777917]

EB2 process and I-140 approval

Hello Rajiv ji, I am on H1B visa right now. If my company starts the eb2 perm green card process now. How much time do you think will the entire process take and when will I have my I-140 approved?