Recording for June 20, 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: July 11, 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

 

[sachin_123]

FAQ: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities

I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.
1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?
2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?
3. Do I need to go through the H1B lottery again anytime if I want to return in the future?
4. Does it matter if my PD is current when I return to the US?

Thanks in advance!

 

[mnv]

FAQ: Extending parent's stay in the U.S. beyond six months on a B-2 visa

Hello Rajiv .. I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). Are there legally valid options/exceptions for old-age single parents, as is the case in this scenario? I would appreciate your response and input!

 

[okulkarni9]

H-1B stamping and passport renewal to maximize I-94 validity for upcoming India trip

I got my H1B approved (currently in Cap-Gap). Need to Travel to India in December (Also for Stamping). My Passport expires in Oct 2025, that gives me limited i94, so my 2 options (or you can suggest):
Options 1: Fill DS160 & Book appointment with current passport->Renew Passport in Oct 2024->Submit Both old and new DS160 & old and new passport for Stamping at the booked appointment
Option 2: Fill DS160 & Book appointment with current passport->Get Stamping done on current passport->Renew Passport in the US-Travel outside US and re-enter to update I-94

 

[Hmanoj]

FAQ: B-2 to F-1 visa: Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional

Hello Rajiv,

I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US, after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?

When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?

What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?

Thank you.

 

[vikramgupta7]

Visa options for long-term US employment: H-1B, F-1, L-1, and specialized visas for an AI/ML/Hardware professional

Hello Mr. Rajiv,

Appreciate all your pro bono work and your lively personality and your energy.

1. 3rd time H1B not picked. Masters in CS AI/ML/hardware
2. F1 ends July 30th 2024 (6 months before EAD)
3. STEM OPT EAD ends Feb 6th 2025
   
   1. Question - Should I try to get a new F1 visa for my current STEM OPT
4. Goal is to have future long term stay and employment in the US
   
   1. Option 1 - Day 1 CPT
      
      1. Already on Masters STEM OPT am I even eligible for another masters or do I need to go for a PhD day 1 CPT?
      2. How predictable is trying to get new F1 visa on day 1 CPT program in case I want to travel?
   2. Option 2 - Work transfer to Canada
      
      1. Should I continue applying for H1B while in Canada?
      2. Come back to US after a year with L1A or L1B? How realistic and reliable is this strategy?
      3. Is there any major advantage to this strategy over day 1 CPT? Because going to Canada is a big pay cut.
         
         1. Faster way to US green cards through EB visa?
         2. Way to Canadian citizenship?
         3. Why not transfer to India over Canada?
   3. Option 3 - Not looking H1B exempt jobs.
5. Chances of eligibility in 4th H1B lottery
   
   1. EAD ends on 6th Feb.
   2. Results come out end of March.
   3. I have 60 days grace period?
   4. Should I apply for tourist visa? Might help with my 4th H1B lottery if possible?
6. Any specialized visas?
   
   1. I work in cutting edge machine learning silicon development in Austin TX. High percentile on the pay grade. Have previously worked for Intel, Tesla, now Amazon. Might be worthy of NIW or any other option but I don’t have much insight. Do you see any other legal strategies?
7. How can I get more comprehensive and complete legal consultation about all my questions?

 

[YoursTruthfully]

The gap between F-1 OPT expiration and H-4 status validity: Impact on stay and work authorization

Hello Rajiv Sir,

My wife's OPT is expiring on 30th June,2024 and We applied her COS from F1 to H4, asking for duration of 07/01/2024 to 06/30/2027. Her 539 and 765 both got approved but they both are valid from 10/02/2024 to 06/30/2027. Now this means, she technically does not have any status between 07/01/2024 to 10/01/2024. Is this allowed? Can she stay in country if her H4 is going to start after 3 months without any problem. If yes then can she work under any circumstances?

Thank you,

 

[Graphite]

PERM refiling: Consequences of office closure and remote work on Prevailing Wage Determination (PWD) and recruitment requirements

Namaste Rajiv Ji,

My PERM was filed in May 2023, but my employer recently closed the local office where I was based. Fortunately, my team and I have received an exception to work remotely. However, my company's immigration department says they will need to refile the PERM due to this change. My questions are below

Will we need to go through the Prevailing Wage Determination (PWD) and recruitment process again if we maintain the same location but the job profile switched to remote ?

We're also discussing the possibility of moving to a new office within 50 miles of the old location with our immigration team.

Any advice or insights would be greatly appreciated!

 

[CaliforniaH1B]

​

Portability and change of status options for H-1B petition approved via consular processing (I-797B)

Hello Rajiv Ji,

My H1B registration was selected in March 2024, and my employer has filed a petition for H1B visa processing via Consular Processing. I anticipate that my petition will receive approval within the next couple of months.

• Upon receiving the approval notice (I-797B) for my H1B petition, would I be eligible to change employers solely with this document?​
• If I ensure that my current employer does not revoke the I-797 approval, would I be able to port my H1-B approval without an H1-B Stamp?​
• Is it possible for my new employer to submit a new H1-B petition requesting a Change of Status?
• With an I-797B approval, am I still counted in the H1-B Cap if I switch employers, or would I need to re-enter the lottery?​

 

[AbhinavSunket]

Will Level 1 wage on H-1B LCA impact extension after 3 years?

Hi Rajiv,

Thanks for taking sometime to answer our queries!

My employer filed for h1 LCA in 2022 on Level 1 wages and hasn't increased my wages since then (but pays some bonus based on business for that particular year). Its more than 2 years I have worked for him and my base pay stays the same. I have to file for an extension at the end of 2024 and my wages would stay the same for this year most likely. Would this affect my H1 extension when filed with uscis since my wages has not gone from level1 to level 2 even I had experience for 3 years.

 

[Shruti7]

Optimizing H1-B spouse's PERM to H-4 EAD transition for continued employment

Hi Rajiv

I am currently on a non-profit H1-B visa, and my spouse has just had his PERM approved. We expect his I-140 approval within the next six months. I plan to transition to an H4 EAD afterward. Is there a way to make this transition seamlessly while keeping my current job and avoiding the wait time for the H4 EAD? I also read about choosing a future start date. Could you help me understand how that works? I am looking for the best way to manage this transition. Thank you.

 

[YoursTruthfully]

F-1 status discrepancy: I-94 was not updated after the change of status

Hello,

My friend has transferred his status from B1/B2 to F1 in 2016 and he received 797 approval stating that his stay is valid until 'Duration of status'. However, his i94 was never got updated and it still says admit until Aug 2015. He never noticed it until pointed out to him recently and he did not travel outside of USA after status change.
Question is,
Is this normal?
Can this cause any issue in future status extension or visa stamping?
He recently applied from F1 to H4 and petition got approved, his H4 will start in October 2024, Does he still need to contact USCIS or DSO to correct this before he goes for stamping?

Thanks in Advance.