Recording of March 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.
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Call Details:
Next Call Date: March 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
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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.

 

[Phanindra]

FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements

Hi Rajiv

Thank you for your community call. I am always thankful to you for the call and for answering our questions.

Background: I am currently on L2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join with me in Canada at a later time.

Now:
I want to apply for the change of status from L2 visa to visitor visa while still I am in the US, and leave to India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).

Questions:
1) Is it okay to leave the US while my change of status from L2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
3) If USCIS approves my visitor visa, do I need to get the stamping on my passport before I can travel either to the US from India (if Canada VISA processing gets delayed or rejected) or from Canada (if I am in Canada)?

Thank you.

 

[Payal786]

Green card or citizenship for non-citizen residents of the United States using a State’s Paid Leave Program

I am on H1-B visa and priority date in 2013.

We are pregnant and we live in Connecticut.
Due to the baby's arrival I need to take leave and my company HR told me that if I need to take leave then I need to take leave under (CTPL) program.

My company attorney told me that I will take leave under the (CTPL) program and this might create problems with my green card. She was not sure but she thought that it would come under the welfare program but she was not sure and she asked me to check with an Indian origin attorney. She told me that if any one will be part of any welfare program then USA government will not give green card. She was not sure so asked me check it in detail

(CTPL) program link: ( Not able to post link here )

Please let me know if I will take leave under (CTPL) program then will it create a problem in my green card ?

 

[Mira99]

Is it legal to give your child a different last name other than the parents?

We live in Connecticut. I am on H1-B visa and priority date in 2013.

Can we give a different last name ( Surname) to babies? other than mine ands my wife's last name. ?

My wife's and my surnames/last name are different. My last name (Chitoda) is very complicated and difficult and USA people face problems pronouncing it.

As per India we can keep another surname/last name - Maheshwari

Can we give Maheshwari surname/last name to my kid ?

Will this cause any problem if the baby has a different last name then mine or my wife's last name ?
We want to known

1. This is legally ok to give different Last Name to kid
2. If yes then we will face any issue anywhere ?

 

[Subu S]

In U.S. continuously on H-4 to F-1 to H-1 and now need to travel internationally for work. Any issues getting H-1 visa stamping?

Hello Rajiv Sir,

Thanks for taking your time to help the community.

History :
* I arrived in US in 2006 (I was 7 years old) on H4, moved to F1 in 2015 and then to OPT in 2017, Started my OPT job on the first day of OPT. and then moved to H1 in 2018.
* I am still maintaining the H1 status, My I140 was approved in 2021
* I was never out of status any time.
* I never travelled out of the US and never got my Visa re-stamped. The only visa stamp I have is the one I used to enter in 2006 on H4 .

I have to get my H1B stamped as my employer needs me to travel internationally.

My Question:
Do you see any issues or is there any law which might create issues for me in getting H1 visa stamped because of long time gap or transfers (H4 to F1 to H1) ?

Thanks again for your time.

 

[vp406]

H-1B visa stamping under waivers of the interview and dropbox requirements

Hi Rajiv,

Appreciate this community call, thank you!

I am currently on H-1B visa which started on Oct 1, 2021. I have booked an appointment to get H-1B visa stamped in Delhi embassy under interview-waiver program. I got my F-1 visa from Mumbai in 2017, which is also my home consulate. Is it fine if I get my H-1B stamped from a dropbox in Delhi?

I understand that the dropbox appointment should be booked in the home country but I am not so sure if it matters that the consulate be the same as well.

 

[immi254]

FAQ: Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA))

Hi Rajiv,
Thank you for your contributions to the immigrant community. I have a few questions related to my son's status

1) In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition.
2) In December'20 my son filed for the F1 - I539 adjustment of status petition
3) In April'21 my wife, son, and I received the GC EAD Cards
4) In Aug'21 the EB3 Final Action Date become current for me, and my son became 21 and should be covered under CSPA.
5) In Feb'22 USCIS approve his I-539 F1 COS petition
6) My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities
7) Does the F1 approval mean he is no longer under GC EAD?
8) What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?
My EB3 Final Action dates are current, but since my son is dependent on the EB3 petition, I am unable to do interfiling to EB2 at this time.
9) As my son's H4 status expired in Aug'21, and was relying on the pending F1 I-539 petition and GC EAD for maintaining status? Is this correct?
10) Can my son choose to apply for OPT after completion of his degree, and also have GC EAD at the same time?

Thank you

Sincerely

 

[ns2020]

Options for child covered under Child Status Protection Act (CSPA)

Hello Rajivji,

Thank you for the free community call. I have benefited from the knowledge you share on these calls.

I will describe my daughter's situation below followed by my question.

1) F-1 applied for my daughter in December 2020. She was on H-4 at that time. She is turning 21 this October. She will be graduating in June 2022
2) AOS Filed for my daughter in EB-3 in August 2021when the dates were current (Her F-1 application was pending and she was still on H-4)
3) F-1 Approved in December 2021, so technically she is now on F-1
4) Received GC-EAD in January 2022 but haven't used it yet
5) My EB-2 dates are current in March 2022 bulletin. I am in the process of applying a fresh EB-2 based AOS instead of interfiling for all 3 of us.

Questions:
1) Am I correct in assuming that we can file EB-2 AOS for my daughter even though she is on F-1
2) She has a job offer (starting July 2022) and is contemplating applying for F1-OPT and subsequently H1-B just as a backup option. Would this be a problem or confusing as she would have EB-3 AOS/EAD/AP, EB-2 AOS/EAD/AP, and also OPT-EAD/H1-B?

 

[mihirshah99]

FAQ: Relation between F-1 OPT and H-1B lottery change of status and changing employers

- I am a student on F1, will be graduating by December 2022
- Company A is willing to apply for an H1B for me this year
- I am interviewing with other companies, and am planning to drop company A as soon as I graduate

1. If I am selected in the lottery and haven't done a change of status, can I continue on F1 OPT with the other company (not Company A), after graduation?

2. Is H1 for me to keep and do a change of status later for another company?

3. Can Company A retract my H1B if I leave them?

4. Being on F1 can Company A start my green card if I win the H1B lottery?

 

[Payel Basak]

FAQ: Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment?

Hello Mr Khanna,

Thank you for the free community call.

This is Payel Basak, a physician from India and an F2 visa holder. I messaged you on LinkedIn earlier regarding the same.

I have completed USMLE Step 1 and Step 2 examinations and looking forward to applying for the residency in the USA. Now I have got an externship opportunity. This rotation according to the institute, is a voluntary experience that does not account for any medical education, graduate medical education, continuing medical education, or any training leading to licensure or board certification. During this given opportunity, I may receive a letter of recognition or a certificate of completion to fulfil an observational or shadowing requirement as needed. This rotation will allow externs to partake in taking patient history, physical, and procedures under direct supervision. There will be no direct patient care responsibilities as well as actual clinical practice.

I need to get US clinical experience and recommendations to apply for the residency.

My husband emailed the Office of International Services of his university and in the reply email, they mentioned the following points-

• In the past, the federal government has defined employment as “any type of work performed for services provided in exchange for money, tuition, fees, books, supplies, room, food or any other benefit.” Many immigration lawyers and other international services offices have pointed to the “any other benefit” phrase as a prohibitive phrase. If a student were to receive the benefit of gaining experience in their field of study, the government could interpret this as “unauthorized employment”. This would be a serious violation of their immigration status.

• Also according to the DSO of the University of Pittsburgh, a researcher/ lab technician even if does an unpaid job would not be considered a volunteer job.

Now my query is can I apply to the externships/ observership being on an F2 visa and as this externship will benefit me getting recommendation and experience, would this be considered a violation of the law?

 

[member24]

FAQ: Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

Hello Rajiv Sir,
I got my USA citizenship this Jan, and I want to start the green card process for my parents. They are currently with me in the USA on a visitor visa, however, they would like to go back to India in March after the 6 months of allowed stay in the USA.

So I want to know when I start the green card process for my parents when they are in India, can they still travel to the USA on their existing B2 visitor visa (valid till 2026), or should they be in India until the consular processing for their green card is complete?

 

[mccybernan]

Am I eligible for H-1B cap exempt if filing now but selected for 2018 lottery?

Hi Sir. Thank you for doing this for the community. My H1B got picked in the 2018 lottery but got it approved for only 3 months. So I did not go for stamping and never used it. I am planning to file my H1B this year. Am I eligible for cap exempt filing?

 

[preet57553]

Fiancé(e) visa process and study/work options on arrival

Hello,

Thank you for doing this for the community. My fiance and I have known each other for the past 11 years as friends and recently decided to marry. He is an Indian citizen and lives in UAE currently and I am a US citizen. Should we apply for a fiance visa or should we marry in UAE and then complete a spouse immigration visa? I see all sorts of timelines online regarding this. What is the average time it will take for him to arrive in the US on fiance visa or on spouse visa? Our goal is for him to study and be able to work when he arrives here. Is he able to study when he arrives on a fiance visa?

Thanks once again!

 

[ramesh_chock]

What happens once the Priority Date (PD) becomes current for a I-485 application?

Hello Rajiv
Thank you for the free community call.
I have an I-140 approved with PD as 24-Apr-2009. I moved back to India in 2011. I am still with the same employer. My PD became current couple of years ago. I have the following questions:
1. Is there any time limit by which we should file I-485after the PD becomes current?
2. Can I apply for consular processing after 2 years of my PD becoming current?
3. Do I need support from my employer to do this or can I do this myself?

Thanks

 

[Rajiv S. Khanna]

Green card or citizenship for non-citizen residents of the United States using a State’s Paid Leave Program

I am on H1-B visa and priority date in 2013.

We are pregnant and we live in Connecticut.
Due to the baby's arrival I need to take leave and my company HR told me that if I need to take leave then I need to take leave under (CTPL) program.

My company attorney told me that I will take leave under the (CTPL) program and this might create problems with my green card. She was not sure but she thought that it would come under the welfare program but she was not sure and she asked me to check with an Indian origin attorney. She told me that if any one will be part of any welfare program then USA government will not give green card. She was not sure so asked me check it in detail

(CTPL) program link: ( Not able to post link here )

Please let me know if I will take leave under (CTPL) program then will it create a problem in my green card ?

I have no idea what that program is. Also, this is not something I would be able to comment upon without an appropriate review of all aspects.