Recording for September 29, 2022 Conference Call with Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
Staff member
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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:
Call Date: September 29, 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
 
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How to keep my GC if I received it while I was out of USA due to emergency for more than 180 days?

My friend was recently informed that his green card is being produced, which is very good news. However, he is currently abroad (for more than 180 days already) and does expect to be outside the US for more than a year in total for emergency reasons. Normally, I understand a green card holder can apply for a re-entry permit while present in the US. So, in his case, he is already outside the US and received a GC. His AP was recently renewed as well and is valid for two years.

What should he do in this case in order to keep the GC? Is there a way to apply for re-entry from outside the US?
And if not, does the clock start ticking when he received the green card for a year before risking abandonment, or when he left the US a few months ago?
 
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FAQ: STEM extension expiring, options to stay in USA, Is Day -1 CPT it safe and legal?
Hi,
I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what are my options.

If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?

Thanks
 
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Switching to H-1B status from F1 STEM OPT, effect on H-1B if switching employers before stamping

Hello,
I'm currently on F1 STEM OPT which is valid till June 27 2024. And my H1B got approved this year as 'Notify' option, so it won't be starting till I get stamping (as per understanding, correct me if I'm wrong). What happens to my H1B status if I switch the employer before stamping?
And, if I lose my H1B status, will I be able to continue my F1 STEM OPT status till 2024 and participate in H1B lottery again for 2 more years?

Thanks
 
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FAQ: Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?

Hi
My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?

Thank you
 
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FAQ: Options if employment-based I-485 is denied?

Dear Sir

My i485 was filed in August 2022
Priority Date: 2014
Lost job. H1b withdrawn and offer is cancelled
Current H1b remaining till January 2023.

If i485 denied
Do I have to leave the country?
Can I work for the remaining 5 months?

After retrogression, can I transfer h1b?

What are options?

Thanks
Shyam
 
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Can I use my EAD/AP if I have withdrawn my Eb3, which was the underlying petition for 485?

Can I use my EAD/AP?

I’m a schedule A professional (PT) who applied for AOS concurrently with an amendment petition from EB2 to EB3 in 2020. On that basis, I have received EAD/ AP. So I have pending 485, filled with EB3 amendment, which gave me EAD/ AP.

I have recently withdrawn my eb3 140 amendments since I got RFE and the date retrogression.

Now I have old eb2 from the same employer and pending 485 and 485j for interfiling.

My question is can I use my EAD/AP? Or it’s invalid since I have withdrawn my eb3, which was the underlying petition for 485?
EB3 140 -amendment - withdrawn
EB2 140- intact/ active same company with PD Dec 2012
Pending 485, and 485j pending for inter filling.

Best
 
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Changing employers as my new H-1B got approved, I-797 is dated Oct 1, 2022, can I start later than Oct 1? Do I need a new stamp if travelling to India?

Hello Rajiv Sir,
I work for company A (non-profit institution) on H1b visa (CAP-EXEMPT). I got an offer from company B and they have filed my CAP-subject H1b this year and it got picked in the lottery and got approved as well. The start date on I797 (Company B) is October 1st.

Q1: Do I need to join the company from October 1st, 2022 or is it possible to start working in Jan 2023 as I'm planning a trip to India in Dec 2022.

Q2: If I have to join Company B in October 2022, can I use my old H1b stamp (CAP-exempt) for returning to India in Jan 2023 or I would need a new H1B stamp (CAP-subject).

Q3: If I can join the company B after I return from India: In this case I'm still employed by company A, so while coming back from India at the port of entry, can I show them company A's I797 approval notice and it's H1b visa stamp (CAP-exempt)?
 
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What will be the effect of October retrogress on my GC processing, application dated 2013?

Hello Rajiv ji, we recently a week back sent the AOS application to USCIS as our date is June 2013. But in October the dates are going to retrospect. what would be likely to happen to our Greencard processing due to these dates going back. Thank you for all your support.
 
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FAQ: How can I maintain my H-1B while working outside the USA?

Rajiv ji, I'd highly appreciate if you cold share any insights for my case. I hold H1b working for MNC in Seattle, USA. I applied for Canada PR and its confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with canadian house address. At the same time I want to maintain my H1b visa. Is that possible and how? I got to know H1b is valid as long as we work on US soil. Thank you in advance :)
 
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I-140 approved while in India for last 10 years, can I keep my priority date? Family based GC options through sister in USA.

Thank you Rajiv ji for this community service!

Background:
I was in the US for 10 years before moving to India to start a business in 2019. I have my employment based I-140 approved (Priority date Jue 2016). My sister is a US citizen. My wife's sister is also a US citizen. I have a few questions.

- Am I still eligible for a family-based green card through my sister?
- Do I have to restart the process or do I get to keep my priority date from my employer based I-140?
- Can my sister sponsor my wife and my 2-year old daughter as well? Or should we ask my wife's sister to file an application for her?

Thank you
 
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EB-5 visa funding options

What do you think is the Easiest source of funds for EB5 visa ? Assuming someone doesn't have that whole amount
 
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Kafala in process for an orphan girl, what is the best option to bring the child to USA if we received our DV Immigrant visa recently?

Hi Mr. Rajiv,

Greetings of the day!

We are couple and had started process of Kafala before 4 months for a three year old girl child from an orphanage in Morocco where we live and work . I am Moroccan and my husband is an Indian national. Kafala process is not yet complete and may take couple of months to complete. Meanwhile we have received our DV Immigrant visa recently.

What is best legal and possible practical way to take child with us now or later to USA; once we complete Kafala and further we can apply for immigrant visa for the child after 2 years;
  • apply for B2 visa for the adopted child and keep entry exit at every six months (to avoid overstay) and in this way complete physical custody and joint residence condition
  • apply for study visa for the child at the age of 5 years
  • One of us live with adopted child in the home country to complete the custody and joint residence condition provided re-entry permit granted for 2 years
  • wait for our citizenship to apply through "Orphan or Family based petition" for the child
  • Any other better option?
 
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FAQ: Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?
I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?
 
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Is it advisable for my son to file OPT EAD as backup if using EB3 GC EAD as dependent? Is diversity visa an option for Dubai born. Can I change to a job with a different title on GC EAD?

Hi Rajiv,
I have couple of questions related to my son and myself. I am currently using GC EAD EB3 with my sponsoring employer (not in H1 status).
1) My son is using my EB3 GC EAD as dependent for employment, he is also able to file for OPT EAD, he is locked under CSPA, Is it advisable as a backup? I am also unable to switch to EB2 as his CSPA is locked under EB3 FAD.
2) Can my son also apply for Diversity Visa as he is born in the UAE?
3) I would like to take a Technical Consultant/Sales solution Engineer using my GC EAD, my I-140 is based on Software Developer/Engineer SOC Code - 15 - 1132. Will this cause any issues?
 
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