Recording for October 05, 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: October 19, 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

 

[LiannaMinasyan]

Currently on L-2 Visa, Can I apply for I-485 (prioriy date not current), Can I get EAD and travel document with I-140 approved?


Hello.
I am in L2 now, my priority date is not current, can I apply for I485? With I-140 approved can I get EAD card and travel document? what I can get with I140 approved while the priority day is not current? I need to stay in US
FYI : I am in the process of EB2, perm filed on April 12

 

[dvardanyan]

B1/B2 application pending. Can I apply for form I-485 to adjust status, can I apply for E2 Visa?

Dear Rajiv,

Can I apply for Form I-485 to adjust my status if my current status has expired, and I have a pending B1/B2 status change application?

Can I apply for an E2 visa if my B1/B2 status change application is still pending?
If yes, and my B1 application is rejected while my E2 application is pending, will I be considered legal in the US, or will I be in an illegal state?

How many months in advance should I apply for an E2/(B1/B2) status change before my current status expires?

 

[gc-warrior]

Brother's EB2-India I485 is pending and PD retrogressed. Can my brother's wife apply for I-485? How long for GC decision? What documents are required at POE?

Dear Rajivji,

My brothers EB2-India I485 is pending and PD retrogressed.

1. If he gets married can his wife apply for I1485 along with his pending primary petition now, even if the PD is retrogressed?

2. How long like months or weeks does it take for USCIS to give I485 adjudication( GC decision ) whenever after the PD becomes current again?

3. Using EB2 I485 pending based Advance Parole to re-enter USA, what other documents apart from AP card is required at POE?

 

[Keyur2812]

On CPT and picked for H-1B 23-24 lottery with approvaed I-797, can I leave country for stamping?

Hello Rajiv Sir,
I am currently working under CPT and am enrolled in a day 1 Cpt college. I was picked for H1B lottery 23-24 and have an approved I797. I was able to get a visa stamp date for November this year (dropbox) . I still have not graduated from my current program (still have 1 year left). Do you recommend a person in my situation leaving the country for stamping? I have been hearing that this might be risky and it is recommend to get stamped after graduation.
Please advice.

 

[ramesh_chock]

Currently in US on L1B visa with approved I-140, PD 2009 from my previous employer, who was acquired by my current employer in 2012. What are my options to file PERM or directly file I-485?

Hello Rajiv sir
Thank you for your service
I am currently in US on L1B visa. I have an approved I-140 with PD in 2009 from my previous employer, who was acquired by my current employer in 2012.

I have requested for GC filing now.
1. Do I need to go through the PERM process again or is there a way to directly file my I 485?
2.If I have to go through PERM, is there any chance of expedited processing based on my PD?

Thank you and appreciate your response.

 

[davidsheeja]

H-1B visa, options for transfer/file amendement or extension

Hi Rajiv,
Hope you are doing great
I have H1b visa issued in 2010 & travelled twice, later my H1b got expired in 2014 and I changed organization 2022, now is it possible to transfer H1b to another organization and file for extension to work in US through current organization.
Is it possible to know whether my visa is still active to file amendment and extension?
Thanks for your support sir.
Sheeja

 

[abhas2695]

Converted from H-1B visa ( valid till Sept 2025) to B1 visa ( valid till Jan 2024) after losing my job. After B-1 visa expires, can I apply for B-1 again or do I need to change from H-1B to B-1? Travel options on B-1 visa?


Hello i was working on an H1B visa with I94 validity till Sep 2025 but was laid off in Mid May i couldn't find a job within the grace period so i submitted I539 for change of status to B1 which was approved a couple days ago and have given me validity till January 2024 i want to know if i am not able to find employment by January 2024 what are my options?, can i apply for B1 visa again ? If yes, what form will i fill now since i have the B1 status already approved ? will i follow the same I539 to ask for change from H1B to B1 or will it be a different case? And what should i mention in the statement requesting for the extension
(H1B hasn't been revoked)
Also can i travel to india and come back to US while on the B1 visa status ?

 

[rehansheikh139]

Medical residency on H-4 visa and convert from H-4 to H-1B visa during the residency


Hi,

I'm an engineer on H1B visa. My wife is a doctor in India planning to come to USA on H4 dependent visa to prepare for her USMLE exams to do medical residency in USA. Can she do medical residency in USA on H4 visa? If yes, after some time during her medical residency, can she convert that H4 visa to H1B visa. Can you tell me what are the visa requirements for both the situations?

 

[merin]

Working with two employers on OPT STEM, got picked in second round of H-1B with the first employer, who did consular processing.
Options for concurrent filing for H-1B.

Hello Ravij Sir,

I am currently working with two employers on OPT STEM, I got picked in second round of H1B with the first employer, eho did consular processing.

I have the following questions :

When can I add second employer as concurrent filling for my h1b ?

Will my first employer come to know if the second employer is added as concurrent h1b employer?

If I leave my first employer, does my second employer automatically become primary for my h1b ?

Additional information:
My Second emplyer is CAP-Exempt

 

[deepak238]

Options for Green card while in USA on L-1A with I-140 approved. Options for L2S to L-1A visa migration.


Hi Rajiv Sir,

Thanks for all the wonderful support/advise you provide on these forums.

I am working in the US on L1A and have my I140 approved in April 2023 (PD is not current). I am looking for a career move and trying to understand my best available options. My wife (who is currently working in US on L2S status) has her L1A blanket process initiated by her employer. However she is yet to complete the DS160 & schedule a visa interview. My questions are:

1. What would be the chances of getting my AOS/I485 completed in coming months given current status on EB1C visa bulletin dates (PD is Mar 2023)?

2. What would be recommended best path for me to pursue a career change in this situation, while keeping a valid work visa/GC application status?

3. Are there any options/benefits I can utilize to change employers without putting at risk my work visa & GC application status post 180 days of I140 approval?

4. Is there a way my wife can complete her L2S to L1A visa migration with her employer (and I apply for change from L1 to L2S) without travelling outside of the US? Will filling a L1A individual instead help in getting this completed while being in the US?

5. If travel outside of US cannot be avoided, can this be done at a consulate in Canada/Mexico? if so, where would be the best option? Would any temporary visa be required?

Thanks,

 

[Khansanam]

Can I convert from H-4 to J1 visa and get the 2 yr return bond to country waived off?

Hi,
I'm a doctor who is planning to come to USA on H4 Visa. But after I find a medical residency, I'm planning to convert that H4 visa to J1 visa. Is it risky to transfer from H4 to J1 as H4 is a dual intent dependent visa whereas J1 is a non dual intent visa. Also, is it possible to waive off the 2 year return to country bond which is a part of the J1 visa?

 

[AyeshaHaque]

Got picked for H-1B, employer also filing L-1A blanket visa. What are my options?

Hi Rajiv ji,

Thank you for conducting these sessions. Greatly appreciate your team.

I got h1b picked and have i129 approved with i797b notice for stamping from a consultant with a few conditions (no other employers can file petition etc.). Meanwhile, my employer whom I have been working in India for 6 years now is also filing for L1A blanket. un/fortunately both visas stamping dates are week/s different.

Please suggest on the follow questions.

1. What is the best way to be associated with existing employer on L1A not consultancy but get h1b stamped in future?
2. How long can I wait to get h1b stamped? I am thinking to hold it until I reach to US with L1A and get h1b stamped.
3. Will it now or in future create any complications for GC.

 

[gmt]

H-1B renewal after a long gap with a pending court order

H1B visa was issued to me in 2006. I came back to India after few years .I have 2-3 years left on my visa .Can i renew my visa if some company is ready to file for me after around 12 years.What are the other ways i can file for H1B besides lottery system.
I am also sitting on a court order from labour department for collection of money .Collections department was not able to collect the money .Can i file in court for collection now (after 10 years)Is it possible ?

 

[immig_hope]

Worked in US on H1B and have approved I140 in EB2 (India) with March 2012 priority date. Moved to Canada in August 2017 for Canadian PR ( have 1 year left on H1). I am a Canadian citizen now and would like to find out options to come back to US on H1B and continue my GC process.


Hello Rajiv Sir,

Appreciate if you can guide me on my situation below:

I worked in US on H1B and have approved I140 in EB2 (India) with March 2012 priority date. I had to move to Canada in August 2017 for my Canadian PR ( have 1 year left on H1). I am a Canadian citizen now and would like to come back to US on H1B and continue my GC process. I moved to a Canadian company when i left US. My employer had asked for H1B Revocation since i left him and i140 withdrawal. My i140 is still valid since it was past 180 days of approval (checked online USCIS case status ). I also have the i140 approval notice from my employer. Now if i want to come back what options do i have from below -

1) If i come back with my previous employer-consulting company (find a new contract in US) and if my date is current does my employer have to refile i140 if my new job is in the same role as the previous labor/perm or does the previous employer have to start from beginning (perm/labor/i140)
2) if i have to come through a new employer and restart perm/labor and file i140 and if it takes more than a year for perm/labor do i still keep getting h1 extensions or does the 485 have to be filed within one year of date being current? what would happen if perm/labor takes more than a year of date being current.
3) How soon do i have to come back on h1 if my date becomes current or if its already current (is there a time frame or can i come back any time like 2-3 years after it being current)
4) if i am on a visit to US from Canada and i get a job offer can i have the status changed to H1 within US or do i have to re enter with i797.
5) if i get a contract (corp-corp) job offer do i have to wait for h1 approval hard copy and what other documents would i need to enter US on H1 as a Canadian citizen.

Appreciate your help and response!