Recording for May 23, 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 06, 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

 

[Indiedoer]

FAQ: Options when H-1B project is canceled

Hello Rajiv sir,

Scenario: Currently working for company A. Company B has filed H1B petition and gotten approval for Oct 1st start date. Unfortunately, Project with company B goes away before Oct 1 and company B doesn't revoke my visa before Oct 1st.

1) Since I will automatically move to H1B on Oct 1st and I don't have that project anymore, can i continue to work for my current employer using the new H1B visa? (What options I have if I want to use the new H1B visa and work for the same employer?)
2) In the same case, will company A be notified about my new H1B visa on Oct 1st?
3) Will company A have to rehire me for H1B transfer? or can I continue to work with them while the transfer is pending?
4) How would it work if I find a new project through a new company C? Would they need to file for H1B transfer as well ?
5) What info can USCIS ask for H1B transfer in that case? What sort of RFEs may come up?

 

[Anonymous7]

Visa Bulletin: Prospects for employment-based priority date movement in the new fiscal year

For past few months, in visa bulletin, priority date for EMPLOYMENT-BASED "All Chargeability Areas Except Those Listed" is not moving. Would it be better (move to 2024 or become current) in October (start of new fiscal year)?

 

[arpitarathore]

FAQ: B-2 visa dilemma: Extend or switch to CPT for PERM/I-140

Hi Sir.
I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another 6 more months until my perm and I140 get approved. I need your suggestion in making a decision:

Should I move to day 1 CPT OR extend my B2 for another 6 months?

Which one will be the best option so I don’t get any RFEs from USCIS in the future?

I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?

Thank you for your time, sir!

 

[DEEPAMENON]

Post from our Community Member:

Approved I-140, pending I-485 (180+ days): Green card for future role (Data Analyst II), but still in Level 4. Job duties & leaving after approval

I am from ROW and have I-140 approved and I-485 is pending 180 days. Have got EAD and AP approved too. My green card was prepared for a future/prospective role (Data Analyst II - Level 5) but I am not yet promoted to prospective/perm sponsored role. Rather, I am currently at "Data Analyst - Level 4" and promotion hasn't happened yet. Since my time line is current as per visa bulletin and I will be getting green card approved soon. Is it very necessary that I have to be in the PERM sponsored role (future role) at the time when I-485 is approved by USCIS?

1. Can this same company (which I am employed in currently who has filed for prospective role) can file I-485 J Supplement and downlevel the role at i.e., at Data Analyst I Level 4 from what they filed initially i.e., at Data Analyst II Level 5?

2. If the green card is approved and if I am not having that future sponsored role, then what are the issues/consequences that I need to be aware of and what is the work around in that scenario?

3. If they are not planning to promote me at Data Analyst II Level 5 any time soon and my green card gets approved and after getting green card, I leave the company in 2-3 weeks, will this be an issue or a problem later in the naturalization?

4. Do I need to be employed with the company until they promote me to that level after my green card approval or I can leave the company once I get the green card (which I want to) or this approach will be problematic for me?

5. How will the USCIS know that I am having working at perm sponsored role i.e., at Data Analyst II Level 5 or not? It's not written on paystubs or W2 either. Do they check this thing or see this when it comes to naturalization or call the company's HR to inquiry this?

6. I am trying to find a new employer and filing I-485 j supplement but I am not getting it as its very difficult job market to get a new job.

 

[immigquestt]

Dismissed domestic violence charge (2021): Police report concerns & visa stamping

Hi Rajiv ji, I had a domestic violence charge in 2021. I pleaded not guilty, and the case was dismissed in pre-trial with no plea bargain.

While reviewing the police report, I realized some of my statements were made under emotional distress and may not accurately reflect the situation. These statements and the overall narrative within the report concern me.

1) Can you tell me how significantly does the police report content affect visa stamping?

2) Is it possible for the visa officer to see the details in the report and deny my visa despite the court dismissal?

3) If the visa officer inquire about the dismissed charge what's the best way to respond?

Thank you for your guidance.

 

[Vaibhav31]

FAQ: Procedure to recapture H-1B/L-1 time outside the U.S.

Hi Rajiv ji,

During the last three years on H1b, I have spent approximately one year outside of the US (multiple visits to India). What is the procedure to recapture that time and add it back to my H1b total time?

Thank you!

 

[ChandiK]

H-1B to H-4 transition for business startup: Can I apply while working & traveling (Canadian PR)?

Hi Sir,

Facts:
- I and husband both are on H1B visas and we both work for US employers.
- I want to transition to H4, to be able to do business in US, and quit my current job.
- We are Canadian Permanent Residents, and we are cross-border workers.
- I want to have the ability to travel to-fro US during this process.

Questions:
- Can I apply for H4 visa, while still working on H1B today, and switch later?
- What would you recommend to apply for H4 from inside or outside US ? Which one is faster? What would happen incase of EAD?
- Can I travel from and to US during this time?

My thoughts:
- This seems to be the only plausible option, but this will take time (as stamping appointment wait times are long): Apply for H4 first, while being in Canada, and working on H1B. Then, after the stamp, I can quit, and then move to US on H4 and apply EAD from there. The other option is to move first and then quit. Please suggest.

Thanks a lot

 

[YoursTruthfully]

H-1B visa stamping in India: Pilot program ended, next steps & USCIS updates?

Hello Sir,

I am planning to go to India for my H1B visa stamp and wanted to ask if you have any information about the program started where you can apply visa from USA? I know Pilot program has ended but not sure what are the steps after that. Should we expect to hear from USCIS anytime soon?

Thanks,
Ashish

 

[YoursTruthfully]

Stuck in limbo: Visa rejections after 10-plus years in the U.S. - Selling assets or starting over?

Hello Sir,

What are the options for people who have stayed in US for 10+ years, bought home, cars and multiple assets and got denied for visa renewal for 5th or even 10th time? Does US govt let them come once to sell their assets and go back to home country or they have to forget about every investment they got here and move on?

Thanks,
Ashish

 

[dp123]

Spouses F-2 rejected: F-1 for Masters & work\H-4 vs. COS options & sole proprietorship

Hello Rajiv Sir,

In 2018 ,my Initial F2 was rejected u/s 214 (b) along with my Husband's F1. He applied again alone and got his F1 approved and came to US and has an approved H1b now .
I went ahead with a B1/B2 in 2018 and it got approved and I have remained in that visa status and made multiple visits.

Now in 2024, I want to pursue a Masters so that I can start working in US and be with my Husband.

1.So is it advisable to change to H4 now or apply for F1. Should I apply from India or apply for COS from US? Can someone hold both H4 and F1(Question arises since I want to be his dependent for Medical Insurance)?
2. Professionally, I am a Legal Consultant in India .Can I continue my sole proprietorship with a F1 Visa? Does that scenario change if I go for H4 .Since H4 does not allow Foreign Employment but I cant find detailed definition of the same . I have my own Sole Proprietorship so I am not employed under any employer rather I am an employer to people working for me?
3. Is my understanding correct that my Spouse's employer can file a I-140 only after he completes his Initial 3 years on H1b when they file for his extension or there is no such rule since I will be eligible for EAD only after his I-140 is approved.

Thank you Sir for taking up my questions. It has always been a pleasure talking to you during our 1:1 consultations or via LinkedIn also .Thank you.

 

[Rajiv S. Khanna]

Post from our Community Member:

Approved I-140, pending I-485 (180+ days): Green card for future role (Data Analyst II), but still in Level 4. Job duties & leaving after approval

I am from ROW and have I-140 approved and I-485 is pending 180 days. Have got EAD and AP approved too. My green card was prepared for a future/prospective role (Data Analyst II - Level 5) but I am not yet promoted to prospective/perm sponsored role. Rather, I am currently at "Data Analyst - Level 4" and promotion hasn't happened yet. Since my time line is current as per visa bulletin and I will be getting green card approved soon. Is it very necessary that I have to be in the PERM sponsored role (future role) at the time when I-485 is approved by USCIS?

1. Can this same company (which I am employed in currently who has filed for prospective role) can file I-485 J Supplement and downlevel the role at i.e., at Data Analyst I Level 4 from what they filed initially i.e., at Data Analyst II Level 5?

2. If the green card is approved and if I am not having that future sponsored role, then what are the issues/consequences that I need to be aware of and what is the work around in that scenario?

3. If they are not planning to promote me at Data Analyst II Level 5 any time soon and my green card gets approved and after getting green card, I leave the company in 2-3 weeks, will this be an issue or a problem later in the naturalization?

4. Do I need to be employed with the company until they promote me to that level after my green card approval or I can leave the company once I get the green card (which I want to) or this approach will be problematic for me?

5. How will the USCIS know that I am having working at perm sponsored role i.e., at Data Analyst II Level 5 or not? It's not written on paystubs or W2 either. Do they check this thing or see this when it comes to naturalization or call the company's HR to inquiry this?

6. I am trying to find a new employer and filing I-485 j supplement but I am not getting it as its very difficult job market to get a new job.

This question cannot be covered in the conference. You will need a 15-30 minute consultation with your lawyers or with us.