Recording for November 16 2023, 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. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ will be addressed first and these FAQ 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 that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: November 30, 2023
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

 

[Sanij]

FAQ: Working outside the United States on H-1B visa and the implications for remote employees

Hi Rajiv. Thankyou for keeping doing this. My question is as follows:
IS THERE ANY LEGAL LIMIT ON HOW MANY DAYS A H1B EMPLOYEE CAN ACTUALLY WORK OUTSIDE OF UNITED STATES? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.

More information on me: My workplace in USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in USA. I got picked on H1B just this year and I have been outside of states since 23rd of September. My H1B obviously started on Oct 1st and I have situation here at my home and only planning to return on middle of December. I had/have some day of leave/vacation in the month of October and November. So, won't be fully working. I counted the days that I will actually work till mid December, it summed up to about 42.
Please grace me with your expertise here and advice .
Thank you Rajiv. Wish you a Happy Diwali.

 

[Adityanaik]

Work authorization: Post-STEM OPT EAD expiry, I-130, I-485, and the prospect of employment on EAD

Hello Rajivji,

Thank you for answering my question last time.
But I had one more follow up question regards my I-130 and i-485 along with i765. As you said I have i-485 pending through US citizen spouse, I can stay after my expiry of my F-1 visa in USA.
My question is, will I be able to work on EAD (from i-130) after expiry of my STEM-OPT EAD card or else I have to wait until I get my GC.

 

[vtvatsa1998]

Managing CPT, immigration regulations and career opportunities: Balancing job prospects in Boston with OPT and H-1B considerations

Hi Rajiv ji,

I am a CSE master's student from LA, California.

Upcoming Spring will be my last semester, and hence, my college allows me to work full-time on CPT. Fortunately, I have a spring co-op job opportunity lined up in Boston. However, the company insists on me being present in the office full-time.

I have already accepted the offer, but due to some recent immigration changes/federal regulations related to COVID, my university is advising me against moving to Boston and suggested staying within counties neighboring LA county to avoid potential problems during the OPT & H1B phases of my life.

Can you confirm the legitimacy of their warnings and please advise me if there is anything I can do to not miss out on a good career opportunity in Boston? Thanks.

-Srivatsav G.

 

[Rahul_Patel]

Day 1 CPT options: Legal universities, OPT, and STEM OPT considerations, and insights on Biden's Executive Order for F-1 visa renewal

Hi Rajiv ji,

Thank you for taking questions and giving your best advice.


I am currently on STEM OPT (Bachelor's degree), OPT ending next year in MAY 2024.
I am planning to enroll in Day 1 CPT University to finish my remaining classes for my Master degree.


1) Is there any recommended university for Day 1 CPT that is totally legal?


2) If I finish my master's degree within 1 year, ( I am planning to take summer and fall classes), Is there any issue or problem with my next OPT or STEM OPT based on my master's degree?


3) Biden's new executive order: Is it most likely to be approved regarding whether the F1 visa will be renewed within the USA? If yes, then do you know when it will be implement—year 2024 or we don't know?

Thank you

 

[flowergirl123]

R-1 extension dilemma: Addressing stipend discrepancies and determining continuation of previously approved employment

Hi Rajiv,

I’m filing an R-1 extension. However, I have been paid a reduced stipend (about $800 less/monthly) than what was stated in the initial R-1 petition. Can I still mark continuation of previously approved employment without change with the same employer on the I-129 extension form or this is considered a change in previously approved employment? I did not file an amendment reflecting this change. Is this considered an immaterial change since there is no prevailing wage determination for R1s?

Thank you!

 

[Raviteja]

H-1B transitions, travel plans, and unpaid leave: Civil engineer contemplating an MBA and anticipating future career shifts

Hello Rajiv Ji,

Sub: H1B transfer to different field Post MBA, H1B Travel and H1B Unpaid Leave Limit.

1. I am on H1B and working as a Civil Engineer for the past 5 years. I am planning to do MBA and move into Business Consulting side post MBA. Can I transfer my H1B into new field of work in the future without any problems?

2. My H1B expires in September 2024. Can I travel in FEB 2024 (7 months to H1B expiry) and come back by end of the month?

3. Can I go on unpaid leave for 4 months and be in India on H1B? Any issues while coming to USA?

Thankyou!

 

[Malobika]

Commencing work on new remote project: Factors to consider before filing LCA and H-1B amendment

Hi Rajeev ji,

I was laid off and my last employment date was October 21. My I-797 H1B is valid through November 01, 2025. A new consulting company prepared to sponsor my H1B for their remote work project as an internal employee. That company submitted a LCA and transferred my H1B with regular processing. I began employment with that consulting company employer based on my H1B receipt. I recently got another remote project for a different end client that will begin on November 13. My consulting company employer informed me that since their H1B petition is still under process, a RFE on my pending H1B petition could be generated if they file another LCA and file a H1B amendment for the new remote project with the new client. Can I begin working with the new end client project before filing a new LCA and H1B amendment?

Thank you!

 

[Anonymous7]

FAQ: Handling a temporary break on the H-1B visa: Transitioning from work to school and back

Hi,

I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?

Thanks.

 

[aniketnpatil]

OPT travel issues: Departing before start date, unemployment considerations, and passport renewal in India

Namaste Rajiv ji,

I'm an F-1 student and will be applying for OPT in the coming days.

I have the following questions:

1. Can I travel to India before my OPT start date given I have received my EAD card?
2. Follow-up question, If I can travel, will my days outside the US before start of my OPT will be counted towards unemployment?
3. Follow-up question, If I can travel, can I renew my passport in India?

Look forward to your response.

Thank you. Happy Diwali.

 

[Rads25]

H-4 visa : Moving from F-1 to H-4 during dental school and exploring H-1B options after graduation

Hello,
I hope you are well! I have a question regarding the H-4 visa. I am about to start my dental school this January 2024. I am currently on F-1 visa, and I have a past history of joining the 1st day CPT program and dropping out of it. I wanted to go on H-4 visa while studying in the school. My question is once I graduate in May 2026, can I go to H1-B visa from H-4 visa again? Is it advisable to do that?
Thank you for your help!

 

[Mysore Shashidhar]

EB-1C eligibility: H-1B transfer timing for current Indian employer's U.S. branch

Namaste Sir,

This is Sandeep from Bangalore. I am currently working as a manager for a Tech company from past 12 years. I hold a H1B valid till 2025 from another company. To be eligible for EB1C, Should I transfer the visa to the US branch of the current Indian employer before reaching US or can I transfer later within 3 years to be valid for EB1C

 

[tanaysharma]

Day 1 CPT: Considerations for direct entry, advantages, testimonials, and OPT extension implications

Hello Sir,
My questions are regarding Day 1 CPT.
1. If a person is working in India currently and has done only bachelors, can he directly come to USA and pursue a course in Day1 CPT college. Are there any concerns if a person wants to pursue master's in a Day 1 CPT college directly.
2. Is directly coming to USA in Day 1 CPT has any disadvantage as compared to working in USA and then pursuing a course in Day1 CPT college?
3. Why are there not many testimonials and resources about people pursuing Day 1 CPT in online forums?
4. If we work for 300 days on CPT, is it counted in the OPT? and hence, we can get only 2 year STEM extension or we will get additional 1 year OPT+2 year extension

Looking forward to the answers.

Thank you