Thread CLOSED to post questions for Feb 6, 2025 free community conference call

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monica1

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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.
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Call Details:
Call Date: January 23, 2025
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
 
Laid off on EAD from EB1A, can I start a teaching business? Can I travel?

I have an EAD from an approved EB1A petition (priority date Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On a unrelated note, in your opinion what is the risk to travel out of the country in this situation? (I have an advance parole in hand as well)
 
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Requirements for filing GC under EB-1B category, working simultaneusoly on cap-exempt H-1B visa and H-1B from lottery

I am employed at a non-profit organization affiliated with Georgia State University (GSU) on a cap-exempt H-1B visa. I was promoted from research coordinator II to research associate I. This is my third year in this organization. Can they file for me under the EB-1B category for a green card? This is a full-time, sponsor-funded position. If yes, what are the necessary steps and documents required? If not, could you explain why?

In the second scenario, my initial H-1B approval is set to end in February 2026. If I get a job at a for-profit company and my H-1B lottery application is selected this year, I may decide to work two jobs: my current ongoing non-profit job and the new job from the H-1B lottery.

Could you clarify when my H-1B quota will end? It would be helpful if you could include some example dates.

Here are the details:
- My initial cap-exempt H-1B approval date: February 2023
- Initial cap-exempt H-1B end date: February 2026

Assuming my H-1B lottery application is picked after filing in March 2025, how will the H1-B extension work along with the remaining period on my initial H-1B if I continue with both jobs (profit & non-profit)?
 
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Laid off after I filed GC EAD after I got EB1A approval, options to file CC EAD and continue working


I got my EB1A approved and filed GC EAD 10 days before,now I got laid off and in grace period,shall I file CC EAD and continue my work once my CC EAD is approved? And if GC EAD approval comes meanwhile,should I continue my existing work under GC EAD? Will kids go to public school while they are waiting for CC EAD and after got CC EAD?
 
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Can I delay using H-1B visa to utilize STEM extension period?

I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
 
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I hold an MBA (non-STEM) and MS in UX Design (STEM), does this dual specialization qualify under the "speciality occupation"criteria for H1B?

I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding "specialty occupation" criteria? Are there any nuances I should be aware of?
 
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Unemployed on GC EAD, I-485j approved, can I apply for medicaid for children who are US Citizens?

Greetings Rajiv ji...

I am currently on GC EAD. A few months back, I have lost my job. My 2 sons are citizens of the USA. My I-485j was approved after interview.

If I apply for Medicaid for my children, will that be a problem for my immigration as per the previous Trump's public charge interpretation of his first term.
 
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Currently on B2 pending, can I transfer from H-4 to H-1 visa with a new employer?

Hello Rajiv ji,

I have question related to transferring visa from H-4 to H1B.

Currently, I’m on B2 pending application, but I have approved H1B I-797A but my H1B is not stamped.

- If I go back to India and come to USA on H-4 visa and then, can I again go back on my H1B visa with a new employer? Is this a valid visa transition ?
- Also, is it okay to travel to India on pending B2 application?

Thank you in advance!
 
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Can I travel with one month left on OPT or should I file for STEM extension first?


Hello Rajiv Sir,
I am currently on F1-OPT, which will expire on June 30, 2025. I am planning to travel outside the US from April 24 to May 30. So, essentially, by the end of the travel, I will have one month left in OPT. After going through your website, it seems advisable to file for a STEM extension and then travel.
However, under the new administration, I am unsure what the best course of action could be. What if STEM OPT gets an RFE while I am outside the USA? Would I be able to re-enter?

Is it safer to go for premium processing and have it approved, and then travel after I have the STEM OPT EAD for re-entering purposes? What documents do I need to bring back to the US?
 
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Questions about switching from F-1 CPT to F-1 visa


Hi Rajiv Ji,

My F-1 visa expired last year. I am currently maintaining F-1 CPT status with an employer. However, I have plans to pursue a PhD soon. I have a few concerns regarding the change of my status from F-1 CPT back to an F-1 visa.

1. Do you think it's a logical option for me to pursue a PhD program? Let's say if I get admitted and am asked to start in Fall 2025, I will have to drop out from my current MBA course in order to join the PhD course. What could be the implications?
2. Do you think I will have to renew my (expired) F-1 Visa by stepping out of the country and re-entering, or can I maintain my F-1 status without a Visa while pursuing a PhD. For the latter, the downside would be I won't be able to leave the country.
3. If I step out of the country for Visa renewal, do you think there will be any visa granting issues? I'm sure they might question the logical reason behind all this confusion that I have created for myself.

Any advice on this would be really appreciated. Thank you very much!
 
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