Recording for June 06, 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: June 20, 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

 

[Ashish Mahajan]

FAQ: International Managers (EB-1C) changing jobs under AC21 portability after 180 days

I am on L1A, and I have Approved EAD and AP. Also, 180 days of waiting is over.
My question is, can I switch employers? If yes, how will USCIS match my Job Duties? On L1A, it's an International Manager experience, and how can I show that I have international manager experience with the new Employer?

 

[ursvijayv]

FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity

Dear Sir,
I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:

1. If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing? Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
2. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?

Thank you for your guidance and support in this matter.

FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again

Hello Rajiv Ji,
Based on our conversation regarding converting from H1B to B2 through a paid appointment, I proceeded with filing the I-539 with attachments, as you mentioned.I got approval for my B2, but now I have another query.

Background-Laid off and applied I-539 online on March 28th (60 day grace period ending on March 30th).Received approval on May 23rd but I-94 attached mentions the date of B2 as May 22nd to Sept 28th and not March 29th to Sept 28th as requested.

1. So, what is my status from March 29th to May 21st?

2.This question may sound lame, but I still want to understand. I did not receive an appointment for Biometrics. So, is Biometrics exempt now for all i-539? Or is that for special cases?

3. Now, when I get a job and convert to H1b, I do not have to leave the US, and my case can be approved within the US.

4. Is my understanding correct that I can start working only after my H1B is approved and not after USCIS receives the petition?

Thank you for all the guidance.

 

[mohamzk]

OPT filing, Day 1 CPT transfers, H-1B concerns, and Switching from IT to Civil Engineering

Dear Rajiv sir,

when is the good time to file for the OPT as per your experience for someone who graduates in Jan? or maybe August?
(Turnaround time for the DSO to communicate the OPT start date, different from the filling date?)

Is it a good practice, to complete a semester on an F-1 visa and transfer to Day 1 CPT college I feel like colleges are not so helpful, and need to learn skills all by myself.

So, is there any hidden disadvantage if we do it during the process of H1B filling in the future?

Also, if there is an RFE during the OPT application, how do we maneuver by substantial evidence?

Another question is I have done engineering, and have enrolled in a Master's in IT.
However, I am considering dropping the course in the fall semester and taking a master's in civil engineering.

(Any fruitful cases of civil engineering getting o-1, or EB-1 visas in the future, as the market has fewer of them )

Is there any advantage for "easier" lottery pick up for a Professional licensed Civil engineer over a software engineer or data scientist?
Just like a Credit score, is there an "H1B score"?

 

[Prash3132]

Switching employers with approved I-129 after STEM OPT: Options for returning to the U.S. from India

Hi Sir, I left the US after my STEM OPT ended and transferred internally to India location. My H1B application was picked in last year's August lottery, and I got the I129 approval, but I couldn't get the visa stamped as my company rejected transferring me back to the US. I am still in same company and on Indian payroll. Can I switch to another company in the US with my approved I129 even though my H1B isn't activated?

 

[ttran]

Applying for F-2 visa after H-1B layoff: Best consulate, Joint application, and Entry requirements

Hi Rajiv,

I was laid off on H1B in September 2023, and changed my status to B2, which will end soon. I just applied to change to F2 status, and the application is pending. I want to ask about applying for F2 visa at a US Embassy/Consulate.

1. I am considering going to Canada to apply for F2 visa. Since my husband's home country is Serbia, and my home country is Vietnam, is it advisable to apply in Canada, or is it better to apply in Serbia or Vietnam?
2. Should I apply separately, or should I apply with my husband? My husband has been studying in the US for 4 years now, so he will apply to renew his F1 visa, and add me in his application. However, if I choose to apply in Canada, he will have to go with me if we apply together.
3. I read somewhere that F1 visa holder needs to accompany F2 visa holder on the F2's first trip to the US on F2 visa. Is it correct? So even if I apply separately, my husband still need to go with me outside of the US to accompany me back to the US?

Thank you!

 

[Nainy Keshari]

Day 1 CPT to H-1B: Employer change before October 1st and RFE avoidance

Sir,

I’m on Day1 CPT, Is it possible to change the employer before Oct 1st, right after getting the H1B approval? Or do we need to wait until 2 paycheques from Oct 1 to avoid any RFEs?

 

[abc.xyz]

Will my spouse and I be interviewed together or separately for the green card?

Hi Rajiv ji, if my spouse and I book go for in-person appt (booking for my spouse as my dependent) will we both be called for interview together or will we be called separately for interview? Thank you for the guidance.

 

[vp406]

Travel to Canada with an Expired H-1B stamp and valid I-797

Hi Rajiv,

I am on H-1B visa. The stamp on my H-1B visa expires this year in September (from company A). I have an approved I-797 until September, 2025 (from current company). However, my I-94 admission date mentions validity only until this year in September.

I am planning to travel to Canada (on tourist visa) in December, 2024, and will be back to US within 2-3 weeks. The US government's travel website mentions that I can travel to Canada for thirty days or less, and still be able to enter US on an expired stamp.

Can I travel to Canada (on tourist visa) and come back to US on expired H-1B stamp but valid I-797? Are there any gotchas or things to keep in mind?

Thank you very much for your help

 

[Anonymous7]

H-1B visa: Using Upwork as a client (No income received)

On h1b visa, can we get a project done on upwork and pay for that as a client? (NOT RECEIVING ANY MONEY)

 

[DEEPAMENON]

Asylum as an option after unsuccessful H-1B lottery attempts and facing challenges returning to India

Question from our Community Member:

I come to USA in Dec 2016 on F1 visa for my Associate's & Bachelor's. I graduated my Bachelor's in Information Technology in Apr 2022 and currently, I am on my STEM OPT. My EAD will be expiring on March 25, 2025.

I applied for my H1B lottery twice, which didn't go through. I have one more chance for the lottery in 2025, however, I am also looking for the option of Asylum. I got divorced in 2023, do not have any kids, parents are back in India (80+ years old). I will be 50 next March, and at this age it would be almost impossible to get a job back in India. Right now I am all alone and I do not want to go back to India and be a burden to my parents.
Considering this situation, is it possible to apply for the Asylum and what are the chances of getting it successfully and how long does it take? If it is doable, then I will go forward with you for consultation and filling for the same.