Recording for November 07, 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: November 21, 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

 

[agha63106]

FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study

Hello Rajiv.

- H1B 60-day grace period starts on date of getting notice of layoff from employer, or on date on the severance paycheck, or on last date on regular paycheck?

- During H1B 60-day grace period, what is best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

 

[dhrma0306]

Traveling internationally on a second Master's program: Visa renewal, H-1B lottery uncertainty, and re-entry planning

Hello Rajiv ji,

I hope this message finds you well. I am reaching out to seek your expertise and suggestions regarding my visa situation.

I am currently pursuing my second master's degree, having started in May 2024 at Trine University, an accredited institution. My initial five-year student visa expired in June 2024, prior to which I had started my new program.

I plan to travel internationally, including to India and Canada, next summer. Could you please advise if it is a good idea to travel internationally while pursuing a second master's program while I am still waiting for my H1b to be picked? The first master's was in Computer Science and the Second one in Engineering Management.

Is there a process within the USA to renew my visa? Notably, I have never received a denial in any visa category.

Thank you for your guidance.

 

[xyz1]

FAQ: Employer and agency verification requirements on the most recent I-94: Is this new note typical?

I see the following new note on my Most Recent I-94 Results. Is this normal?

Note to employers, local, state or federal agency granting benefits:
Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.

 

[aashu1411]

FAQ: H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

Dear Rajiv Ji,

I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B dropbox appointment scheduled on August 19th. On August 30th, he received a 221(g) notice, requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.

My friend’s concern now is twofold:

1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?

2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?

Your guidance on these questions would be immensely helpful.
Thank you in advance for your time and assistance.

 

[Rajcin]

Re-entering the U.S. on a green card after an extended stay abroad: Boarding issues, entry denial risks, surrendering green card, SB-1 visa and visitor visa considerations

Hi Rajiv,

My mom came to the USA on a green card Jan 2023 and went back to India in Aug 2023 with plans to come back. She then had medical issues and couldnt come back . She is wanting to come back now.
1. Can she still take a flight from India / UK to the usa or will she be denied boarding
2. Assuming she is allowed boarding , can she be denied entry in us when she lands?
3. if she surrenders GC when she lands do they give her a VISA or will she be deported back to India
4. or should she apply for SB1 visa / visitor Visa in India and then try to come back?

HELP

 

[dp123]

Applying for F-1 visa after B-2 extension and F-2 denial: Impact of previous visa history, change of status vs. consular processing, and requirements for owning a consultancy

Hello Sir,
I was earlier denied a F2 in 2018 and subsequently got a B2 and have visited my spouse multiple times in US . Currently, I am in US (entered Jan 24)with my 1st B2 extension approved and ending in Jan(25) 1st week .I got selected for masters program starting March 2025 in US .
1. Will my earlier F2 denial or B2 extention create any issue for my F1 approval. My spouse is on H1B(B2 as laid off)
2.Should I apply for conversion within US or should I leave and go for stamping in India since it seems a little difficult getting dates for interview in India ?
3. I have a consultancy(Practice Firm) registered in my name as I am a Chartered Accountant so do I need to close it before applying for F1? or I can continue it ?
Thank you so much.

 

[monica1]

Can H-1B visa holder with an approved I-140 become a Virginia L&H insurance agent?

Dear Sir,
Could you please advise whether an H1-B visa holder, who has been in the USA for over 11 years with an approved I-140, is permitted to conduct business? Specifically, I am interested in understanding if it is permissible to become an agent for selling Virginia Life and Health (L&H) policies after obtaining a Virginia Life and Health Insurance License.

If the above is not feasible, what are the options for H1-B holders to have passive business ownership without direct involvement?
Thank you very much for your guidance.

 

[jaihind]

PERM salary requirement for H-1B: C2C employment and prevailing wage

Hello Sir,
I am currently working for a company on a C2C basis, and my salary matches the prevailing wage requirement for my H1B. However, when I inquired about the salary requirement for filing the PERM, my employer mentioned that the minimum should be $120,000. My current salary is below that amount. Could you please confirm if there is a specific salary requirement for the PERM process?

Thank you for your guidance.

 

[SaiSravs]

L-1B/L-2 visa extensions and H-1B lottery: Work authorization and salary considerations for L-2 spouse

Hello Sir,

My Husband L1B Visa extension is in progress, as a dependent my L2S visa renewal is also in progress, we have received the receipt number after applying for the extension. Can I(L2S) work post I94 expiration when the petition process is still in progress?
Or otherwise do you suggest us to proceed with premium processing for both L1 and L2 at this moment - will this process of renewal happen at the same time for both of us or for L2 will it be delayed?
Presently we are staying in King County - Washington and My salary is 100k$, will this salary be sufficient to apply for 2025 H1B lottery process by my employer. I am a SAP software developer.


Thankyou for your guidance !!!.

 

[SnehalR]

F-1 OPT, unpaid internship, and H-1B: Assessing the risk of misrepresentation charges

Hello Sir,

I have been with an employer(consultancy) for about 5 months during my F1 initial OPT. This employer provided me with an offer letter to stop the 90 day unemployment clock. I have submitted this offer letter to my school DSO and entered in the SEVP Portal that I was working as an unpaid intern with the consultancy. However, I never engaged in any sort of practical training with the consultancy as I was searching for a Full Time job elsewhere. I later secured Full Time job at MNC and they filed my H1B which was approved as well. I have been working on my approved H1B petition since then and don't have H1B visa stamped yet.
My question is - Will I be charged with willful misrepresentation to maintain my immigration status in the US? If yes, how will this affect my future visa approvals?
What are my chances of approval for F1 visa as I’m planning to get a 2nd masters degree?

Thank you!

 

[sambhav bajaj]

Multiple H-1B registrations (March 2021) and H-4 EAD application: Travel risks and port of entry considerations

Hello sir.

In March 2021 I applied for H1b Lottery registration with 5 different employers.
Got picked for one employer but they decided not to proceed with filing petition.
at that time there was no attestation requirement .

My wife is having h1b since 2019 and recently got I140 approval.My H4 visa got renewed and stamped last year.
I am planning to travel to US in next few weeks and file for h4 EAD.

I hear ,there are some investigations going on for multiple registrations.
what are possible risks for me to travel to US and possibility of EAD denial?
will there be any issues at port of entry?

 

[DEEPAMENON]

H-1B petition approved with incorrect worksite postal code: What are the potential issues?

Question from our community member:

Quick question about petition and LCA for H-1B visa.

I got my I-797A and H-1B petition approved but noticed the postal code of address for worksite on the I-129 petition was of another office location of my company. Everything on address (company street name, county, city etc.) is correct except for that one minor error of postal code.