Recording for November 30 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: December 14 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

 

[A89]

FAQ: H-1B visa transfer before arrival into the USA

Hello,

This is regarding the H1B Transfer from India prior to working for Employer.

I have the H1B visa stamped with employer A, but now I want to transfer the H1B to Employer B.
I have not yet entered into USA and I have not started working for employer A.

Can I transfer the H1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H1B Transfer as I don't have any. Looking for more details around pay slip requirements.

If I can transfer H1B to Employer B, then should I travel to USA and then start the process or should I do it from India?

 

[Anonymous7]

FAQ: Employee paying for green card and H-1B premium costs

1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?

2. Is it legal for employee to pay the cost of h1b premium transfer?

 

[Gabata]

Options after overstaying tourist visa (B visa), E-2 visa consideration, and long-term residency goals

Hello,
I overstayed my tourist visa for more than 1 year. Left US 4 years ago voluntary.
Is it possible to get back with a wavier on any visa before the 10 year bar is over?
I have been considering E2 visa.
I have no relatives in US.

Can you advise me on the best path forward from this point, considering the long term goal is adjusting to permanent residency.

Thank you very much in advance.

 

[AkhilS]

Transitioning from L-1B to L-1A for EB-1C green card eligibility

Hello Sir,

This is regarding the EB1C category Green Card Application. Presently, I am in the USA on an L1-B visa and anticipate a promotion to manager within the coming year. I'm curious whether there exists a possibility of transitioning my status to L1A during my next visa renewal cycle, particularly if I assume the managerial role in the USA before the visa renewal.

My current L1B visa is valid for 3 years, and I am on track to become a manager before it expires. If a transition to L1A is viable, would the company be able to file my EB1C green card application accordingly?

Thank you very much in advance.

 

[sandy9796]

FAQ: Using an old H-1B visa stamp of a different employer

Hello Rajiv sir,

My question is related to H1B stamping.
I have stamped visa till April 2024 from my previous company.
I have new i797 from my current company.

Question:
Do i still have to go for Visa Stamping if I visit India in the month of December 2023.

Thank You for your guidance.

 

[Faruksayed]

Potential EB-1 filing: Seeking expert advice on immigration strategy and retrogression considerations

Subject: Potential EB1 Filing

Hi Rajiv Sir,

I trust this message finds you well. I am currently navigating the immigration process, and I would greatly appreciate your expert advice on the following matter.

My company has initiated the EB3 filing on my behalf with a priority date of June 29, 2022. The concurrent filing includes I-140 (approved), I-765 (approved), I-131, and I-485 in the ROW category. However, due to the retrogression, I am contemplating the possibility of filing for EB1.

To provide some background, I obtained my master's degree in the USA, published a paper in 2021, and received an individual service award from my university. With a 12-year track record as a software developer, I am considering whether the evidence supports a potential EB1 filing.

I am reaching out to seek your professional opinion on the matter. Your insights would be invaluable in helping me make an informed decision regarding the most appropriate course of action.

Thank you in advance for your time and consideration. I look forward to hearing from you soon.

Best regards,

 

[Sanij]

H-1B work outside the U.S.: Understanding exemptions from the 6-year limit and administrative details

Hi Rajiv.

This is a followup on my question from November 16th. My question was regarding any limit on HOW MANY DAYS A H1B CAN WORK FROM OUTSIDE THE STATES.
A thing you said answering this piqued my interest. You said "THE DAYS A H1B EMPLOYEE WORKED OUTSIDE OF USA WON'T BE COUNTED TOWARDS 6 YEARS OF H1B." My question today is,
a. HOW DOES THAT WORK? Do we get visa extension for 6 more months(for example) at the end of H1B?
b. WHO KEEPS THE TALLY ON SUCH DAYS?

Regards,
Sanij

 

[sainirahul]

H-1B cap exemption, AOS, and I-140 considerations after a career break

Hello Rajiv Sir,
Thank you for taking the time out and answering the questions. My I-140 was approved in Aug2009 as part of EB3 application by my employer. I started with this employer in Jan2007, and had to resign in Oct2017 and come back to India for family reasons. During these almost 11 years, my employer kept renewing my H1b as needed and my last H1b expired in Sept2018 while I was in India. I was waiting for AP and AOS but my priority date was not current at the time of resignation. I am not sure if my employer revoked my I-140 after my resignation, but even if it did, he must have done it after Oct2017.

I am trying to come back to USA again now. If I join this particular employer again (even in lower designation than when I resigned) would I/my employer be able to:

a) File for a cap exempt new H1B visa? if yes, how much time would it take from filing to recieving the documents (assuming USCIS approves my application for new cap exempt H1B visa).
b) File for AOS if priority dates are current? If AOS can be filed, what kind of time line i am looking at from filing of H1b & AOS, to receiving documents for H1b and consular visit for AOS/AP/EAD.
c) If my I-140 is still valid and not revoked, can my employer directly proceed for AOS/EAD/AP without filing for a new cap exempt H1B (If the priority dates are current)? I am still in India. What kind of timeline can I expect from filing to consular visit for AOS/EAD/AP.
d) If i join a different employer, can the new employer file for a cap exempt H1B using the previously approved I-140? If yes, can AOS be done using the previously approved I-140 or would the new employer will have to file for a new I-140 and PERM but can use the priority dates of 2008 when previous PERM was approved.

Please advise. Thank you.
Regards,

Rahul

 

[nj snehshree]

H-4 challenges: Working on H-4 EAD and addressing residency concerns for cross-border commuters

Canadian PR work on H1B(office in metro Detroit but 90% work from home-windsor). on our cross border workers/daily commuter group, multiple fellow windsor residents who I know/can trust shared first hand experience that H4 spouses crossing over to US just for work on H4 EAD were warned at border and asked to stop using H4 when primary H1B does not reside/live in USA. Checked with Congressman office, however they couldn't help. we really request to help us understand Rajiv ji-what does immigration law say for H4? is working on H4 EAD the issue or H4 visa/status itself inappropriate here? my wife plans to go for H4 visa appt. in next few months(anyway B1/B2 is almost 2 yrs wait sadly). If she keeps copy of my approval notice and MI state ID, will that be good for her to say that as my US residence if asked for? or will I need to rent a place in MI and have lease/agreement as proof that I have residence in US too if that's requirement for H4 per immi. law?

Thanks a lot for you advice we trust, respect and this kind service.

 

[DJ_Me]

B-1/B-2 visa renewal: Options and considerations for H-1B holders in the U.S.

Hello Rajiv Ji,

I'm in the US currently on an H1B visa, having recently had my visa stamped in India. My old B1/B2 visa ended in 2020, and I plan to renew or apply for a new visa instead of changing my status.

1. Can H1B visa holders go to third-party countries to renew or apply for a new B1/B2 visa?
2. Can I go to Mexico or Canada for a B1/B2 visa interview or waiver if I get the dates? Will a letter from my company or client be enough if they are paying for my expenses?

Cheers,
DJ

 

[TarunS]

I-94 travel history discrepancies: Addressing errors and ensuring smooth reentry for F-1 visa holders

Hello Rajiv ji,

I'm on an F1 visa (STEM OPT) and traveled to Mexico on Sept 2nd and returned to the States on Sept 4th via land and entered both times through Lukeville, AZ. I also had my aunt and uncle with me who has a GC and my cousin (sister) was traveling with me (she's on an F1 visa as well). So the port of entry officers asked us to step out of the vehicle and go to a room and then told us we were all good to go (no passport stamped and no questions asked). Later, when I checked my I94 travel history, it says 'No record found' or sometimes shows me the latest entry was not the Lukeville one but it does show the previous one I entered in 2022 Dec.

I walked to my local CBP office to get this fixed (Denver, CO) on Oct 16th and spoke with an officer who told me that they entered my details as "I presented some other visa when I was entering through Lukeville - B1 in this case and also my spouse (Funny, I don't have a spouse and I guess they took my sister into consideration as a spouse". They messed up and the officer asked me if it's fine the I94 points to 2022 December which I entered previously to the States, and show that as my latest entry on my I94. And I said yes to that.

I traveled to India on Oct 22nd (still in India now) and had my passport stamped at Hyderabad, India but my I94 travel history is still the same and says 'No record found'. Is there a way I can get this fixed? My guess is maybe I need to walk into a CBP office again when I'm back in the States, explain the scenario, and then get this fixed. Also, would I have any issues while I'm reentering again now on Dec 8th?

Thanks for your help in advance!
Tarun