Recording for May 15, 2025, Conference Call with Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
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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: May 29, 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
 
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FAQ: H-1B extension beyond six years. PD is now current. I changed employer. Options.
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My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?
 
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I-360 approved, R-1 5-year limit ending — Can I work remotely from abroad for a US employer while waiting for PD to become current

Hi Rajiv,

I will complete my five years on R-1 visa status in December 2025 and plan to return to my country. My I-360 for the Green Card first step has been approved, but my priority date to file the second step is still not current. After I return to my country, I will continue to work for my US employer virtually, and my employer will pay for my services. Is this legal under US laws?

Thank you!
 
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FAQ: Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
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Hello Rajiv ji,

My H1B was picked in the 2024 lottery, but there was no progress on the case for months, so I asked my employer to move it to premium. They said that it would be charged through my payroll, and I was okay with that. Later, I received an RFE, and the petition was approved recently.

My employer has already started deducting the premium fee from my last payroll (it is set to be deducted across 6 pay cycles). But when I checked my payslip, that deduction was not mentioned in it. Instead, the base pay is reduced by the installment amount, and then all the taxes are calculated on the reduced amount. This means that for the 6 pay cycles, my pay will be run on an amount lower than the LCA amount.

Will this cause any problems during stamping or at the port of entry? Please let me know if there is anything I can request my employer to change in this process.
 
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Cap-Exempt H-1B based on approved I-140 in SWE — Can it be used for Product Manager role?

Hi Rajiv ji,

I worked in USA for about 4 years on H-1B as a software engineer, and my i140 was approved in May, 2021 for principal software engineer position.

I moved to Canada in 2022, and am currently working as a product manager. I am now planning to apply for product management roles in USA.

My question is, can I use the approved i140 from software engineering position to apply for cap exempt H-1B for a product management position? Essentially, can I get a cap exempt H-1B for PM role based on approved i140 that has a different job role (SWE)?
 
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H-4 extension approved after reentry — Now two I-94s: Which is valid?

Dear Rajiv Ji,

My spouse traveled to India while her H4 extension was pending. She has completed the H4 visa stamping based on my H1B approval, and upon her return to the U.S., on the day she entered back to USA , her H4 extension was also approved. Therefore, she did not have the opportunity to withdraw the pending H4 extension.

Currently, she has two I-94s: one that she received upon entry into the U.S. (with a new I-94 number) and another that corresponds to her H4 extension (with the old I-94 number).

1) Are there any concerns associated with this situation?

2) Given that she left the country while her H4 extension was pending, will her previous I-94, which is extended and attached to the bottom of the H4 extension approval, automatically become invalid?

3) Is it fine for her to continue using the new I-94 that she received upon her recent entry into the U.S.?

Kindly advise. Thank you for your assistance.
 
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Is traveling abroad on RTD without a green card as an Asylee in 2025 safe?

Hello,

How safe to travel abroad with RTD and no GC as asylee today?

Thanks
 
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Laid off on H-1B → COS to F-2 approved — Can I switch back to H-1B without lottery?

Hi Rajiv,

I was on H-1B and was laid off on 3/6/25 and grace period ends on 5/5. Wife on F-1 OPT and applied COS to F-2 on 4/30 under premium processing which surprisingly got approved within just 1 day on 5/1.

1. If I find an employer, can I switch back from F-2 to H-1B without going through lottery again and after new I-129 petition is approved?

2. Can the petition be a COS or will have to be a consular processing application?

3. Can I get a driver's license in a new state using new F-2 approval?
 
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What should be included in a letter of explanation for a B-2 extension for a job search?

Hi Sir,

Could you please tell what points to include in the statement (letter of explanation) when applying for a B-2 extension for job search purpose?

Thank you!
 
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Filing SIJS while on ESTA — File before overstay or wait until after?

Dearest Rajiv,

I intend to file for Special Immigrant Juvenile status (SIJs). I am currently on the 48th day of my ESTA so its going to ”expire” on June 15th. Now I’ve read online that you can’t adjust status while being in the US on an ESTA (exceptions made of course, unfortunately, not in my case) but I also read that theres an automatic waiver when overstaying and filing for SIJs. So my question is: Should I file until June 15th so I don’t overstay or should I overstay one day and then file for SIJs.

Thank you in advance!
 
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H-1B grace period ending — If I return to India, can a future employer transfer me to an H-1B without the lottery?

Hi Rajiv,

I was on H1B and was laid off on 04/24/2025. My 60-day time window ends on 06/22/2025. If I'm unable to find a job till then and have to return to India and find a job in US after that then do I have to go through the H1B lottery process again to come back to US or my H1B remains valid and can it be transferred to the new employer?

Thanks in advance!
 
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STEM OPT to H-1B approved — Can my son travel to India in September before stamping?

Rajiv ji, You are doing a great service to the community. Well done.
My son did masters in CSE at USA & is now under valid STEM OPT, working full time, got H1B lottery picked this year, employer in process of filing application in June 2025 under Premium processing. Holding EAD valid card. He has to attend marriage of my elder son at India in September first week. God's grace if he got H1B approved before August, 2025,
A) Can my son can travel to India to attend his brother marriage in September after H1B approval but before H1B Stamping ?
B) Is it possible H1B stamping at India can be preponed to September with change of status in October.
 
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Enes240 said:
Filing SIJS while on ESTA — File before overstay or wait until after?

Dearest Rajiv,

I intend to file for Special Immigrant Juvenile status (SIJs). I am currently on the 48th day of my ESTA so its going to ”expire” on June 15th. Now I’ve read online that you can’t adjust status while being in the US on an ESTA (exceptions made of course, unfortunately, not in my case) but I also read that theres an automatic waiver when overstaying and filing for SIJs. So my question is: Should I file until June 15th so I don’t overstay or should I overstay one day and then file for SIJs.

Thank you in advance!
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Sorry, this is not our practice area.
 
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