Recording for September 26, 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.
-------------------------------------------------
Call Details:
Next Call Date: October 10, 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
-------------------------------------------------

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

 

[bradleycooper]

FAQ: EB-2 NIW I-140 portability for employer-sponsored cases

Hello Rajiv ji,

My employer is in process of filing employer sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and it remains valid in any case. But can I140 obtained from employer sponsored EB2 NIW be transferred to other employer?

 

[shirish.ganjewar]

FAQ: Concerns regarding nonpayment of wages and potential H-1B impact

Dear Rajiv ji,

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please ?

Thank you for your guidance.

 

[AbhiPr]

H-4 EAD eligibility with early H-1B extension filing

Hello Sir,
I have valid i140 and my current h1b visa is valid till Feb 13,2025. I am looking to file h4 ead for my wife who recently moved to US. The attorney is ready to file my h1b extension along with h4 ead this month(sep 2024). Just wondering if I can opt to file the extension in premium so that she will be able to work as soon as it gets approved or she needs to wait till Feb 13,2025 to start working even though getting early h4 ead approval?

 

[gc4sandeep]

FAQ: Maintaining LPR status (Green Card) during extended absences for employment

I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?

 

[YoursTruthfully]

H-1B dropbox vs H-4 regular interview: DS-160 and 221(g) scenarios for visa renewal

Hello Sir,

I have H1B and my spouse has H4 status. She transferred her status from B2 to F1 to recently h4. She has not been to her home country since she came to US in 2015. We are planning to go to get visa in November. I am eligible for dropbox and my spouse is not so we have to go separately. My spouse has got the interview date for 1st November and I am still looking for my dropbox dates. Here are some of my questions,

1. Do I need to maintain any gap between my spouse's interview and my dropbox date?
2. Do you see any issue if my spouse goes for stamping before I do?
3. If my spouse gets 221G for any reason and if I go for my dropbox before they clear my spouse's 221G then would that cause any trouble?
4. What are the options in case of denial for H4? Can we re-apply? If yes, what would be the general recommendations for that case? Is it good idea to hire a attorney to prep my spouse for visa interview?
5. Can spouse's H4 denial cause any issues for my H1B visa renewal?

I really admire your work and thank you for all you do.

Thanks,

 

[AkhilS]

I-140 portability and H-1B transfer implications: 180-day rule and max-out considerations

Hello Rajiv Ji,

I’m following up on my question from the September 5th, 2024 conference call:

"I have completed over 3 years on my H-1B in the US. If I switch employers within 180 days of my I-140 approval, and the new employer files for an H-1B transfer, will the new H-1B be automatically granted for 3 years due to the I-140 approval? Or will it expire on my H-1B max-out date, requiring an extension later?"

You mentioned that USCIS might revoke the I-140 in certain cases and that it's a grey area. Could you explain again when USCIS may revoke my I-140?

Also,
- Would switching employers before the 180-day mark pose a risk to my I-140, considering my I-140 is not revoked by my employer?
- When filing an H-1B transfer(within 180 days of i140 approval), does the end date need to be provided, or will USCIS determine it? Should it be 3 years from the filing date, or my H-1B max-out date?

Thank you for your help.

Best regards,
Akhil Suri

 

[Another Software Guy]

STEM OPT wage discrepancy: I-983 reporting and H-1B filing considerations

Hi Rajiv Ji,
I am on STEM OPT. I joined a consulting firm for 1.5 months. They agreed to pay me minimum wage, and I worked for 20 hours per week. This is on the offer letter and the I-983 that I submitted to the DSO.
I did training - courses and projects during this time to gain more skills. They said that if I get a contract under them, my number of hours would increase and so would my wage. But I never got a contract under them.
I switched employers now and I have a full time job at another company.
But the consulting firm didn't pay me and I do not have a paystub from them.
Would this create a problem in the future (while filing for H1-B)? What should I do?

 

[Anonymous7]

FAQ: Rising NIW rejection rates: Examining changes in eligibility criteria

Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?

 

[vs239]

H-1B extension with pending DUI case: Risks and factors

Hello Sir,
I am on H1B visa and I was charged with DUI in Illinois on Aug 9, 2024. My case is in court now. My current H1B visa expires in Feb 2025. I am planning to file for my H1B visa extension in October 2024.
1) Will the pending case in court affect my H1B extension ?
2) Should I wait to file for my extension till I get a decision on my case ?
3) Will I get RFE on my extension petition because of DUI ?

Thank you for answering all the questions. I really appreciate it.

 

[Neel1379]

B-1/B-2 extension status: Clarifying 'Case status unavailable'

Rajiv Sir,
I applied ONLINE for B1/B2 extension on September 01,2024. the case status shows ""Your case status is unavailable at this time" as of September 10,2024, which is after 9 days now.
This is my request for extension based on my prior change from H1B to B2 and subsequent approval.

Kindly advise what can I do here.

 

[rv32]

Impact of medical leave on F-1 to H-1B change of status

Hello Sir,

I am currently on medical leave until the first week of October, still employed and planning to return after my leave. I am on F1 status and have my H1B picked and approved this year, with a Change of Status effective October 1st. Will being on leave on October 1st impact my Change of Status?

 

[ushnik]

Switching from H-1B to B-1/B-2: Application process and spousal considerations

Hi Rajiv ji,

I'm looking to transition to a B1B2 visa from H1B (and from H4 for my wife) --
1. Can I file form I539 for both myself and my wife on the same application?
2. Can I file online?

Once I get a job --
1. Would the new employer file a transfer of H1B?
2. Do I need to separately file for CoS back to H4 for my wife?
3. Would my wife get her EAD back or would she need to file a new one?