Recording of August 04, 2022 Conference Call with Rajiv S. Khanna

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DEEPAMENON

Team Member, Immigration.Com
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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:
Next Call Date: August 18, 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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FAQ: Changing profession after receiving Employment Based Green Card

Can I change my profession after getting a Green Card? I received my GC in EB2 as an Accountant. Now, I see the salaries in the software/IT sector to be much higher.
How long should I be working as an accountant before making a switch to the IT field? Just want to make sure there are no issues during naturalization.
 
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USCIS typo on H-4 EAD card - Renewal and waiting time implications

I recently received my H4 EAD card. The name printed on the card has a letter missing. It is a typo mistake by USCIS as I checked my application and the name is spelled correctly there. Should I send the card back for correction or can I wait until my next renewal? If I wait, will there be any implications?
 
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Applying H-4 EAD for spouse using the stamped visa

Hi Rajiv, I've a question around H4-EAD. My spouse's H4 is expiring soon and we did not extend the H4 in US as there are plans to get the Visa stamped in India using my 797 (which has validity for more than 15 months). My question is - can we apply H4-EAD for my spouse using the stamped visa on passport? I am not sure if a 797 is needed for the H4-EAD applicant or just the stamped valid visa on passport is enough? Please advise. Thanks so much.
 
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Effect on H-1B lottery selection if I change from quota-subject to quota-exempt employer

Hello Rajiv,

I'm currently on a H1-B cap-subject visa with a for-profit employer (selected in the lottery in 2018; country of origin: India). I have a job offer from a non-profit employer, who mentions that they will file a H1-B "cap-exempt" (transfer) petition for me if I decide to join them. I want to take this job for a few years and plan to eventually move back to a for-profit employer.

My question is that when I eventually move back from this non-profit employer to a for-profit employer, will I have to go through the lottery again to transition back to the H1-B cap-subject visa? My research suggests that since I have already been selected in the lottery, I can freely move between non-profit and for-profit employers without going through the lottery again. Can you please share your inputs on this?

Thank you!
 
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L-1B to H-1B Change of Status during travel to India: H-1B approved, but visa got stuck in 221(g) administrative processing. Can I travel back to the U.S. on L-1B?

Hi Rajiv Ji,

Here is the situation.
1. Working in usa on L1B visa.
2. Change of status to H1B got approved.
3. Visited India, to get the new H1B visa stamped.
4. Visa got stuck in 221(g) administrative processing.

Can I safely return back to usa using my L1B visa and continue working until my 221(g) H1B stamping is pending with consulate in India?
 
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FAQ: Eligibility for the EB-1A extraordinary ability category

Hello Rajiv,

I wish to assess my eligibility for the EB-1A category.
I have a B.Tech., M.Tech., and PhD from India, and I just finished a postdoc from USA.
I am currently employed in India as an associate professor in a good university.
The following are my credentials.
1. I have over 25 publications in international journals and conferences that have undergone peer review.
2. I review articles for three high-quality journals.
3. I currently have 358 citations.
 
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FAQ: The H-1B remainder option: Calculating recapture of H-1B unused time

Rajivji,

I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.

(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa or am I eligible to apply for a new H-1B visa after mid-2025?

(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?

(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for Perm ETA 9089 (pending over a year) or have an approved I-140?



Thank you so much for your kind help.



Kind regards,

Sd/-

Rajiv
 
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Quota H-1B visa transfer before October 1

Hello Rajiv,

Hope all is well! Here are my situations:
- I am currently on F-1 visa.
- I got picked for H-1B cap lottery this year and my petition has been approved. (Received the approval notice (I-797A) filed by employer A which is effective on 10/1)
- Shortly after, I got an offer from employer B, where they have filed for my H-1B change of employer petition. (Received the approval notice (I-797A) filed by employer B which is effective on 10/1 as well)

My questions are:
- Since H-1B filing are employer specific, am I compliant with the law, rules, and regulations to start working for employer B at the start of 10/1, or do I need to wait shortly after 10/1 before I start working with employer B to avoid being questions during my time? How do I correctly maintain my H-1B selection so that USCIS consider me to be selected against the H-1B cap selection?
- When would be the best time for me to give my employer A notice that I would be resigning? My concern is that if I let my employer know that I will be leaving before my H-1B takes effect on 10/1, employer A can/will withdraw/revoked my H-1B approval notice.

Looking forward to your answers. Thank you in advance!
 
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How soon can I change job location after PERM-based green card approval?

Hello Rajiv, thanks for doing this.

I'll keep it brief:

I just got issued a Green Card based on EB3 + PERM. How long do I need to stay in this location before I can move to another one state (couple of hours away), while remaining with the same employer. I have been working in this location for 5+ years.

The PERM stated a work location and title.

I searched a lot on the internet and I couldn't find an answer to my question because it got mixed up by the question of how long people have to remain at their current employer. I do not intent do change employer.

Thanks!

-P
 
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Can an H-1B visa holder change his mind about a visa transfer once approved? Impact on green card during company merger or acquisitions and work experience criteria for PERM

Hi Rajiv Sir,

1. If H-1B transfer is in process or is approved, but I changed my mind to remain with my current employer, then how can I do that? Shall I need to re-file H-1B transfer back to my current employer?

2. If during green card process, company's business unit is closed and I am transferred to some other business unit within the same company, then is there a way to continue the same green card process without restarting it all-over again?

3. One of my past employment (outside of U.S) was a 9 to 6 job (5 days a week), but I am not sure whether it was officially full-time or part-time because it was during my studies, so can I take favor of doubt and use it as full-time for my green card process?

4. One of my past employer does not have policy to mention tools & technologies on experience letter, so what could be a best way to show during green card process that required tools & technologies were used?

Thanks a lot Rajiv sir, your opinion really helps.
 
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U.S. citizen applying for mother currently in the USA: Rescheduling immigrant visa appointment from India to the United States of America

Hello Rajiv Sir- I am a US citizen and applied for my mother (widow) GC in 2021. She is in the US with me for over a year now. I submitted I-130 (online) and I-485, I-131, I-765 via paper submission. Referenced the I-130 receipt number in I-485. Received I-130 approval (I-797) on 11/19/21. Priority date is 4/22/21. Also received EAD card for her in 2021. File was transferred to NVC where after submitting all paperwork received an email in July 2022 from NVC, that they will work with US Embassy in Mumbai to schedule a visa interview. I did not intend or expected NVC to schedule an interview in India as my mother is in US living with me and was expecting to have a visa interview in the US. Appears that the agency is applying consular processing to my mother's case. Please suggest what I need to do to change the visa interview location to within US. Are there any other concerns I need to be aware of? Thanks, Nikesh
 
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Temporary nonimmigrant worker forms - Form I-129 and I-539

Hi Sir,
I have a full time primary H1B with my current employer & a part time concurrent H1b with my previous employer & my 485 has been filed by my previous employer. the primary employer is unaware of the 485 filing... Now my primary H1B along with H4 & H4 EAD are due for renewal, the attorney has sent documents for my review.. in the form I-129 & 539 there are questions related to immigrant potions (listed below) which answered as NO but which are not correct. Is it Ok to leave them as is ? or it would cause any issues to my H1,H4 or 485?
In order to have this corrected I should inform my current employer about the 485 filing but my concern if I inform them about this I may have trouble ?

Form I-129
Have you ever filed an immigrant petition for any beneficiary in this petition?

Form I-539
1.Are you or any other person included on the application, an applicant for an immigrant visa?
2.Has an immigrant petition EVER been filed for you or for any other person included in this application?
3.Has form I-485, Application to Register Permanent Residence or Adjust Status EVER been filed by you or by any other person included in this application?
 
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