Recording for March 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: April 03, 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

 

[agha63106]

FAQ: B-2 extension/F-1 Change of Status: Can I stay in the U.S.?

My H1B to B2 status change (I-539) was approved, and the I-94 expiry date on my B2 approval notice is 21 April 2025.

Now, if I apply for a B2 extension or F1 change of status, then can I stay in the USA after 21-Apr-2025 while my decision is pending?

 

[xyz1]

FAQ: NIW I-140 approved, I-485 denied because of change in role - Priority date retention, refiling, and porting

Hi Rajiv Ji,

My NIW I140 was approved based on a job, but later my NIW I485 was denied, because I was not working is similar role.

My question is:

1. Does the denial of the NIW I-485 rescind the priority date that I got with NIW I140 filing/approval?

2. In future if I am working in similar role, can I re-file this NIW I485.

3. Can I use this NIW I140 priority date in my other adjustment of status cases such as PERM-based etc.?

Thank you.

 

[isthispalash]

FAQ: Entrepreneur. Can I start a company on STEM OPT? O-1A visa and maintaining legal status

Hello,

I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.

My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationship? I am planning on raising money and also applying for grants as I build out the product and acquire users.

Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?

Thanks!

 

[Sandysri]

Mother's I-485 pending: Advance parole for travel to India - Will it affect filing?

Hello
we are naturalized US citizens and have a green card concurrent filing for our mother. It is at review stage with biometric completed. Unsure how long the approval take, we are looking to file a advance parole for her to travel to India. How would you recommend we go about this, how long will it take to get the parole and would this affect her concurrent filing ?

Thanks!

 

[mohamzk]

Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada

Hi Rajiv Ji,
Can cap-exempt H-1B sponsors, such as non-profit organizations (NPOs) and government entities (GOVs), file an I-140 without a PERM labor certification? It’s essential to clarify whether a prevailing wage is required.

I intend to count Upwork as an employer during my OPT, not my STEM OPT. I will take on work and submit a timesheet for 20 hours per week, and I expect this to be acceptable.


If I do not use my STEM OPT and enroll in a non-cap exempt employer on H1B status, such as a college, will I still be able to use my previous STEM OPT for future jobs as it was not filed?use my stem opt for future jobs? as was not used in F1 visa.

Finally, I am planning to visit my friend in Canada during the coming summer term break. Can I travel from India to Canada on a visit visa and then cross the border to the US by road on an F1 visa? Are there any legal complications?

 

[bradleycooper]

Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity

Hello Rajiv ji,

I am on H1B and I have an I140 approval from ‘Employer’ sponsored EB2 NIW application. Employer won’t share the petition package and I140 with me. So I have made FOIA request with USCIS to secure the artifacts.

Question:

My research tells me, employer sponsored NIW is a grey area and might not yield same benefit as self-sponsored in the future. Can I repackage my petition and submit it as self sponsored? If yes, how would USCIS interpret it? A. Same endeavor, we have approved it before, let’s approve this too. B. This petition is separate from previous one and we will evaluate it agnostic of previous one.

If the new self petition gets rejected, would the first one still remain valid?

 

[magg]

F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing

Hello Rajeev ji,

I need guidance in what is the best way forward for me in terms of work visa.
I am an Indian on F1 visa, completing non-STEM PhD this May, so I just have 1 year of OPT after that. My husband has H1b with 140 approved.

Currently I have an offer from a cap-exempt employer (non-profit in education) who has agreed to file my cap-exempt H1b. But, I intend to change job in one-two years and work in industry. How can I do that, which visa should I opt for?

That is, if I opt for camp-exempt H1b now, can I later convert to a work visa such that it allows me to work in industry jobs?

Also what happens if I apply for H4 EAD while on OPT or camp-exempt H1b? Are there any considerations of H4 being approved before H4 EAD and I need to leave work? Also, what are approximate timelines for processing H4 EAD?

 

[dmp_1511]

Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas?​

Hello Rajeev Ji,
I currently have a valid H1B visa stamp in my passport, which expires on October 18, 2025, and my H1B and my wife’s I-797 approval notice is valid until November 3, 2025. I am planning to file for H1B, H4, and H4 EAD extensions under premium processing (only for the H1B) in May 2025, which is six months in advance.

I have the following questions:

1. Can I schedule H1B and H4 visa stamping appointments in India using my new H1B petition (valid from Nov 2025 to Nov 2028), say in July or August 2025, assuming I receive the approval notices for both the H1B and H4 before that time?
2. If the answer to the first question is yes, would there be any issues when entering the U.S. in September 2025, given that we would then have two valid visa stamps? Specifically, how would the immigration officer determine which visa stamp to use for reentry?
3. In other scenario - If I receive my H1B approval but my wife’s H4 and H4 EAD are still pending, can we travel to India and get our H1B and H4 visa stamps? What happens to her I-539 extension application? Will this cause complications with her H4 stamping in India?

I’m planning all above to use the 540-day automatic EAD extension in case her H4 and H4 EAD applications are delayed.

I would appreciate any insights or experiences you can share. Thank you very much for your help and support to the community!

Thank you!

 

[Ssachin]

K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole

Hi Rajiv,

I am a US citizen and my fiance is an Indian citizen. We were planning on filing for a k1 visa.

I had some inquiries regarding K1 visa application, I wanted to know:
1. what documents her and I would need to show she’s my fiancee while filing?
2. After approval, can we register to get married as soon as she enters the US.
3. Can I immediately file for her EAD, I-130 and advanced parole document?
4. What is the current processing time to get the EAD card, parole document as well as the green card?

Thank you!!

Regards,
Steven

 

[sarokiaraj]

K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence

Hello,

First of all, thank you for hosting such a platform for laymen to post questions on immigration, particularly in the current climate!

My questions are re K1 visa processing please.
1. Can the fiancée travel to US on a B1 visa while K1 visa is in processing stage. Are there any risks involved in such travel.
2. What is the typical time duration for complete K1 processing, starting from filing of I-129 to getting a visa appointment.
3. What would constitute proof of relationship documents.

Thank you for your kind attention on this.

Regards,
SK

 

[sumit88]

FAQ: H-1B entrepreneur, starting an MEP design firm, Employer-employee relationship, and transitioning to self-employment

Hello Sir,

I am a Mechanical Engineer currently working as an MEP Design Engineer and hold a Professional Engineer (PE) license for North Carolina. I am on an H1-B visa with an approved I-140.

With the recent rule changes, I wanted to understand whether I can open my own MEP design firm while on H1-B status without maintaining an employer-employee relationship. Additionally, would I be allowed to start the company while maintaining my current full-time job, and transition to running the firm full-time once I build up a client base?

I would appreciate any guidance on the legal implications and necessary steps to ensure compliance with immigration regulations. Looking forward to your insights.

Thank you

 

[rakeshk007]

H-1B transfer approved - How long until payroll must start? What are my options

Hi Rajiv Ji,

I lost my job with employer A, and now on my request employer B who was my previous employer has transfered my H1B (also holding my i-140). My H1B got approved on Feb 2025. As if now I have not started working, as searching for the Client so the billing can start and my payroll can start. Now a days getting job is very chalanging, specially for H1B holder.

What is the maximum days before that my payroll should be generated without effcting my H1B? What is your best suggestion to do in this scenario before the time line exceed?

Thanks and regards,
RK.