Recording for October 13, 2022 Conference Call with Rajiv S. Khanna

[monica1]

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.
Note that we answer posted questions and follow-ups first.
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Call Details:
Next Call Date: October 27, 2022
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

 

[Biral.P]

FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?

Hello Rajiv Sir,

I have worked in the US under L1\H1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H1B i797 petition is approved. I have a previous employer's H1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved i140 (EB2) from my previous employer.

My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B1/B2 Visa and approved i797 and later change status to H1B and join the job? If yes, would it impact the GC process in future?

Thank you
Biral

 

[amitgupta]

FAQ: Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD?

Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?

 

[Kay12]

FAQ: Parents staying in or traveling to the U.S. while their green card petition is pending

Hello Rajiv,

Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.

Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?

Any information would be greatly appreciated.

Thank you!

 

[ns2020]

My daughter is past 21 years of age and is working on H-1B visa. She has two pending I-485s (filed as my dependent). Can her company start a new GC application for her? Will it affect the pending I-485s?


Hello Rajivji,

My Daughter has two pending beneficiary I-485 based on my GC application one each in EB-2 and EB-3 (did not interfile earlier this year). Subsequently, due to retrogression, my Priority Dates are not current in either Category.

She has since passed 21 years of age and now has started working on H1B Visa.

Would it be an issue if she starts her own GC application with her company? Would it create any issue with the 2 pending GC applications as my dependent?

Thanks for your help and service, greatly appreciated.

 

[Zilo_T]

Attorney from India currently on H-4 visa trying to pursue BAR exam in the U.S

Hello Sir. Thank you in advance for answering my questions.

Background: I am currently on H4 visa and not eligible for H4 EAD because my spouse’s Form I-140 has not been filed yet. I was an attorney in India. I have spoken to the state bar in the US and I am eligible to appear for the Bar exam per the state bar. However, I am concerned about below questions from Immigration point of view (given that I am on H4 and do not have H4 EAD).

Questions:
(1) Can I give the bar exam on H4 visa?
(2) Can I appear for MPRE Test on H4 visa?
(3) Can I apply for Moral Character Determination Application on H4 Visa?
(4) If I can do all the above and clear the aforementioned requirements, then can I take an oath to be licensed as an attorney on H4 Visa?
(5) Can I also do Minimum continuing Legal Education and New Attorney training on H4 Visa as required by the state bar on H4 Visa?

 

[SunnyvaleDude]

Can I switch jobs after getting Green Card?

Hello Rajivji,

Job-Switch After GC:

I filed labor/I140 with employer A in Eb2,Aug-2013. I moved to company B in 2020 and I filed I-140 / I-485 in March 2022 with employer B(current). Recently my GC is approved (employer B), I have another offer from employer C and it is similar job as employer B with better Pay. I have completed 6 months From AOS filing and I have worked for employer B around 8 years(total).

1. Is 3-4 months safe to change the employer B ?
2. Do I need take any letter from employer C about similar jobs ?

 

[Taran123]

Got divorced while Asylum case is pending?

Hi Rajiv,
My wife was on asylum and i was also in the application, however recently got divorced and i want to know whether i can apply for passport renewal (Indian passport). I have GC however, asylum status code is mentioned there, should i go for passport renewal? also what are other options for me to go back to home. Thank you
Taran Singh

 

[ashin15]

FAQ: Volunteer work on an H-1B visa

I'm on H1B, can I work for a startup on a volunteering basis for a technical engineer role? The work is done remotely and the owner of the startup is based in Russia.

 

[akitibharath]

​

H-1B Cap Exempt Issues: Travel, Transfer from one employer to another and Concurrent H-1B


Hi Rajiv,
Background -

I have 2 approved H1Bs (Cap-Exempt (renewed for 10-01-2022 to 09-30-2025)) and a Cap H1B that has been approved recently from an employer XYZ but I am planning not to initiate it). Currently, I am working full-time for a Cap-Exempt company and in parallel, I was working for the Cap employer XYZ on concurrent H1B that was filed from 05-01-2022 to 09-30-2022 (the petition is still pending) Now filing a new petition (filed on 09-30-2022) for concurrent H1B using renewed approval notice of cap-exempt H1B for 10-01-2022 to 09-30-2025. I am traveling to India in Nov and have a drop box appointment for the Cap-Exempt extension.

My questions are:
1. Is it ok to travel to India while an expired concurrent H1B petition and a new concurrent H1B petition are pending?
2. Will I face any issues during the Cap-Exempt extension stamping because of not initiating approved Cap H1B and instead working on the concurrent H1B petition for the same employer XYZ?
3. During immigration/dropbox, will they ask anything about concurrent H1B, which is pending? And anything about approved CAP H1 for not being using it? And why I filed concurrent H1B instead of initiating CAP H1B?
4. What will happen to CAP-approved H1B if I don’t transfer to it or initiate it after I return from India? Can Employer XYZ revoke it because I am not using it?
5. I have approved I140 from a Cap Exempt employer and passed 180 days, so I am planning to switch to Employer XYZ after coming back from India. Can I still file for H4 EAD for my wife with previously approved I140? Or should I start H4 EAD before switching to Employer A? And can I switch to employer XYZ while H4 EAD is pending?
6. Should I include the Concurrent H1B in DS 160?

 

[nap8399]

Green card and Re-Entry Permit

Hi Rajiv,

I have a hypothetical situation;
Sam is from India and comes to the United States with B1/B2 visa in November 2016.
After two months, Sam gets admission into a community college and gets an i20.
After that, Sam applies to change his status (form i539) and starts college with F1 status.
In April 2017, Sam files for i526 via the regional center. The i526 gets approval in April 2021 and files for i485.
In September 2022, i485 gets approved and Sam gets his conditional Green Card. Sam was in status all the time till he got his Green Card.

Now, Sam's attorney sends him an email "Do not forget that a lawful permanent resident may lose his or her permanent residency by abandoning it (for example, by long absences from the United States). If you plan to stay overseas for more than three months, contact me about applying for a reentry permit. Even with a reentry permit, staying out of the U.S. for more than 180 consecutive days may adversely impact naturalization."

Sam does some research and finds a reentry permit is not necessary for travel less than 365 days.

So, the question is: Based on your knowledge, does Sam need a reentry permit for a travel of 5 months outside the United States?

 

[mukesh092762]

FAQ: Deportation when a permanent resident is involved in Shoplifting

Hello Rajiv,

My uncle is a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?


Thanks so much, Rajiv!!

 

[apatra89]

What happens to the U.S. visa when a passport is renewed?

Hello Rajiv Sir,

My status changed from F1 to H4 in Nov 2021. I have filled DS 160 for H4 Visa stamping in March 2022 and have an appointment in Jan 2023. In the meantime, I have renewed/extended my passport as it was due to expire. Please let me know if there will be any issue in the Visa Interview. Also, please let me know if there is a way to update the current passport information in CGI portal prior to the interview.

Best Regards,
Ayushi

 

[Robinson Samuel K]

Can a U.S. citizen expedite immigration process for the mother on humanitarian grounds?

Hello sir,

I am a green card holder and my brother is a citizen. He has filed immigration petition for my parents. It’s not yet accepted and is under process.

Our father passed away a few weeks ago. Is there a way we can expedite the immigration process for my mom as she is alone in India, or is there a particular visa option for us to get her here sooner (because of death in the family? on humanitarian basis?)

My mother is a state government employee (Karnataka government) and has 4 more years of service. If we try to get her here through visit visa, does her employment show ties towards India? As she wishes to complete her tenure but wishes to visit us frequently.

About my father’s petition, can we cancel it as he is no more?

Thanks,

Robinson

 

[pgs1984]

FAQ: 7th year H-1B extension with pending PERM

Hello Sir,

Thank you for taking the time to answer the below query -

My H1B maxout date is Jan 2023. Perm process started in Sept 2021 (prevailing wages). FOr the 7th year extension of H1B, is the PERM priority date (Aug 2022 for me) considered or the date for when the PWD and recruitment was initiated.

Thank you

 

[newuser02]

Traveling outside the U.S. while I-131 is pending and change of address when a Green Card application is pending with the USCIS

Hello Rajiv Sir,

Hope you are doing well. I have below query:-

1.) I have filed the i485 form for self and family in September and from October onwards my priority date has retrogressed.
I have received the fingerprint request. Now I have to travel out of the US urgently for 3 weeks. My question is Can I travel out of the US after my fingerprints while my application is still pending including I-131. Will it impact my I-131? I have a valid H1B for next 6 moths to return to US.

2.) Also, while my i485 application is pending and my Citizenship is changed from Indian to Canadian including passport, Do we need to inform USCIS , if yes, how? and how will it impact my GC application ?

Thank you so much for your expert advice.

 

[pranavkapoor1]

Can a pregnant F-1 student drop/reduce their courses in the final trimester of pregnancy while maintaining status

Hello Rajiv ji,

Can a pregnant F1 student drop/reduce their courses in the final trimester of pregnancy while maintaining status. Student cannot leave the US as airlines wont let them fly in final trimester and is unable to mange classes due to demands of pregnancy.

 

[visaqs01]

I-797 approval with different employer name in spouses visa stamp

Hi Rajiv ji, my spouse recently got H4 stamping in India using my I-797 approval notice. But I see that the employer name mentioned in the visa stamp is not matching with the employer name in my I-797. For some reason they printed the employer name from the old visa stamp in the recent/current visa stamp as well. Is this a problem? Should I fix this - can you please advise how to handle this situation?

Also, we are planning to apply H4 EAD now. Will this impact the H4 EAD in any way as they are asking for visa stamp document as one of the documents?

Any help appreciated Rajiv ji. Thank you.

 

[abc.xyz]

Entered USA on H-4 visa, the stamp is missing on passport, is this common?

Hi Rajiv, I came to US recently on H4 visa. I didn't realise until now that they didnt keep a stamp (or seal) on my passport. Usually they would put a stamp in port of entry with date and say Admitted Until. But I dont see it this time. Is this common? Thanks for your inputs.

 

[sridhardumpala]

How long does it take to get a consular appointment date from the U.S. embassy in Bombay, after NVC approved the I-130?

Hi Rajiv,

My spouse has filed I-130 petition and NVC approved our case, now we are waiting to hear back from US Embassy in Bombay, India to get back on our counselor appointment date and I would like to know how long it usually takes after NVC approval.

Can we do anything to expedite the process?

Thank you,
Sridhar