Recording of February 03, 2022 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'S will be addressed first and these FAQ'S 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.
-------------------------------------------------
Call Details:
Next Call Date: February 17, 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
-------------------------------------------------

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.

 

[sk_fl]

Naturalization eligibility for parents with approved permanent residency outside the U.S. for more than six months due to Covid-19

Sir,
My parents were out of the United States in the year 2020 for more than 6 months. They left US in January 2020 and were expected to come back in March 2020 when India was locked down and they came back in November of 2020. They couldn't fly back because of COVID flight cancellations.
They were approved Permanent residency in 2015. Could you please let me know if they qualify for naturalization if I apply now ?
USCIS online tool disqualifies because they were out for more than 6 months.

Thank you

 

[Pushram]

H-1B dropbox stamping issues in India: Documents required, leave policy, DS-160 employment details, working for two clients with the same employer and L-1B stamping

Thank you for your support. I have the below questions. Could you please clarify and do the needfull.

I am planning to go for H1B Dropbox-stamping in India and planning to physically stay in India from March 1 to March 30.

Clarifications:
1) Legally, Is it required for my employer to run the payslip irrespective of the scenario that I am working during the stay or in vacation Leave while I am in India? what are the options with respect to running the playslips?
2) As per my understanding, whichever employer I mention in DS160 form that will be considered as my employer. Please correct me if I am wrong.
3) what are the minimum required documents and optional documents that I need to submit for H1B dropbox?
4) If I work for 2 different client for 1(same employer). Is it ok to do that during stamping?
5) I have only one stamping ie., L1b stamped on 2011 in my old passport. I didn't get any other stamping in my passport after that. Could I know am I eligible for dropbox for my H1B stamping?

 

[Karanjeet]

Best options for F-1 student (father is a US citizen) waiting for I-539 approval to get a green card

Greetings Rajeev Ji,

Background

• I first arrived in the US in April, 2017 as an F-1 student and completed my Masters in IT from University of the Potomac in December, 2019.
• Applied for the Post-Completion OPT while in university and received the EAD-OPT valid from January, 2020 to January, 2021.
• Started working on the EAD in March, 2020 until June, 2021 meanwhile applying for the 24-Month (STEM) OPT Extension in November, 2020.
• Received an RFE in March, 2021 to produce additional documents proving the authenticity of the University (Accreditation, Course-work, Attendance, payment receipts).
• Received the Denial Notice on June 29, 2021 and had to stop working.
• Took admission in another university in July, 2021 and Filed for a Motion/Appeal (I-290B) and Reinstatement (Application to Extend/Change Nonimmigrant status Form I-539) in July, 2021.
• Got the Notice to submit the Biometrics (I-539) on October 25, 2021.
• I have been waiting for any progress since.

Current Situation
Since October 2021, I have been waiting for the application to progress on both the applications. Currently, enrolled in the new University (3rd Semester).

Future Plan
My father is a US citizen and we are planning to file for my green card.

Questions:
1. When would you recommend me to file for the green card (immediately or wait for these cases to get resolved)?
2. How long would it take to process the green card application?
3. Can I apply for an EAD to work until my green card application is pending?
4. What are the chances of this EAD approval and renewal until the green card application is pending?

Regards,
Karanjeet

 

[immi_help84]

Interfile I-485 EB-3 to EB-2 after using EB-3 EAD/AP

Hi Rajiv Ji,

My Background:
PD is Mar 2012 and filed I-485 downgrade from EB2-EB3 in Oct 2020. We have received the EAD combo cards, my spouse started using GC EAD while I'm still in H1B. Final actions date are current in EB2 for us now.

Please clarify my below questions

1. What happens to already using EAD and AP's if I interfile back to EB2 based on the USCIS guidance for interfile on 01/21/2022?
Can my spouse continue using EAD after interfiling?

2. Currently my spouse EAD renewal is pending under EB3 category. Is there any impact to that If I interfile to EB2?

3. Should I wait until EB3 final actions dates become current as it is just 2 months away?

Thanks a lot for your time.

 

[PrasadShankar]

U.S. student visa through French citizenship

Hello Rajiv,

I am an Indian citizen and have 3+ years of work experience as a Software Developer in a major US based financial services firm.
I have the possibility of changing my nationality to French through my Parents. Can I apply for an F1 visa to do my Masters in USA from India being a french citizen?

Thank you

 

[pooh92]

Applying for EB-1 while pursuing a Ph.D and considering living in Canada

Hi Rajiv Sir,

I am on F1 Visa, 4th year PhD. My bf is on H1b visa, he is planning to move to canada for work purpose for 3 years, he will come back and file for eb1 visa. I am still not sure if I should move to canada with him, considering job opportunities are better in usa as a phd.
1) Do you think working in canada for three years and coming back here and filing for Eb1, affects my case?
2) Can I take up a remote position here in USA and be in canada or travel frequently to meet my BF/future husband? Any limitation on number of days?
3) What if I file for eb1 immediately after my PhD after having a job? Is that acceptable before h1b?

 

[deepa910]

H-1B stamping and C26 category of H-4 EAD working while application is pending

Hello Rajiv Sir,

I am on h1b in the US with my husband and daughter on H4.

Question 1:
My H1b recently got renewed but H4 is still in progress at California center. and processing time shows that they are processing h4 of july 2021. My spouse has EAD dated till March 29, 2022. They have extended EAD for 180 days but is that depends on h4 status being pending? On the EAD receipt we got, says that EAD for H4 of c26 category can get automatic renewal if valid i94. But I94 is only valid till March 29 from previous h4 renewal. Looks like we might get his H4 renewed in June. Does he need to a take break from his work for April and May or is he allowed to work.

Question 2:
When I came to the USA in 2016, I have h1b stamp from india till 2019. and then I got 1 time renewal. In 2022, this is my 2nd renewal. I think I am eligible for covid dropbox in India. But can I just send my documents to India and have my relative to submit them?

Question 3:
Mexico US consulate of Nogales is only 3 hours far from where i live and work. Can we go there to get stamped?

Thanks,
Deepa

 

[schinni]

Is it possible to apply for H-4 visa appointment before marriage?

Hi Rajiv ji,

I am planning to get married around June 2022. In order to book an H4 visa interview appointment for my spouse, we are planning to fill the DS 160 form and create an account to book the visa appointment

Below are my questions:
1. Is it okay to schedule a H4 visa appointment now for a future date post our marriage? Since the interview appointment date we are going to schedule will be post our marriage, therefore, we will have the photos and marriage certificate during the time of the interview.

2. In the DS 160 form, since we are not yet married on the date of filling the application, is it okay to fill the status as 'married' and choose the 'other' option to give an explanation that 'we will be married by the time of the interview?
2.a. If the above is not okay, what is the safe and recommended way to book a H4 visa slot as we are not yet married now?

3. We were also thinking if we can book a visitor visa appointment now and get interviewed ASAP so that in the case we are not able to find a H4 visa slot appointment, she can fly with me post marriage and stay there for 6 months and in the mean time we can find a visa slot for H4. Is this okay? Will there be any potential issue during the H4 visa interview as there is a possibility of a H4 visa interview just in 6 months after the visitor visa interview?

4. In case the above scenario in question 3 is okay, will she be eligible for a dropbox appointment for the H4 visa stamping or will she have to give an interview again?

Please provide any other problems we may encounter in our situation and have to keep in mind. Please give us any other advise that is applicable in our scenario.

Thank you

 

[schinni]

Can H-4 visa holder work from home in U.S. for an Indian based company and get a salary in India?

Hi Rajiv ji,

1. My spouse works as a counseling psychologist in India. When she comes to the US on a H4 visa, can she continue to work with her clients (India and Canada) over zoom/ online meeting and get paid in India with out the H4 EAD? She will be filing self employment taxes in India. Is it okay to work like this? Will there be any visa related issue because of this?

2. After we get the H4 EAD approval, can she start a private practice to take the USA clients upon completion of the required federal and state licensure exams for mental health counseling?

3. My employer is planning to file my GC around March, however, we will not be married by then. Do I need to let my lawyers know once we have the marriage certificate to file the H4 amendment? How much time is it going to take to get the H4 EAD approval post the amendment filing? How much time is it taking to get the I-140 approved for EB-2 and EB-3 for an Indian born person?

Thanks

 

[radhikesh]

H-1B quota for 2023

Hello Rajiv,
Thank you for taking time and creating this platform for asking questions.

Here's my current visa situation:
I came to USA in 2014, finished my masters in 2016 and have already used my 3 years of OPT.
Currently, I'm working for a non-profit organization with a CAP-EXEMPT H1B. I never had a CAP-PED H1B visa via lottery.

My question is:
If a profit organization files for my H1B visa in the lottery this year and it gets picked, when can I start working. Can I start based on the receipt of approval notice (I-797) or I need to wait till 1st October?

Also, could you suggest if there are any other visa options that would allow me to switch from non profit to profit.

Thank you

Radhikesh

 

[inder4ca]

Filing concurrent H-1B

Hello Rajiv,
Thank you for helping the visa community.
My Questions is: I work for employer A fulltime under H1b ( 40 hr/week). Now, If employer B files my H1b Concurrently ( less than 35 hr/week) and then files my PERM/ I140. Can i file my adjustment of status from employer B ( even though i am on concurrent H1b with him)?

Best Regards
Inder