Recording for April 11, 2024 Conference Call with Rajiv S. Khanna

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DEEPAMENON

DEEPAMENON

Team Member, Immigration.Com
Staff member

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 are welcome to call in and ask questions or listen to the discussion live. Questions marked as FAQ 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:
Next Call Date: April 25, 2024
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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Medical Absence and Continuous Residence Requirement for Green Card

Background Context:
  • Resident since 03/04/2020
  • Left US: 02/02/2022
    • Physical Presence: 23 months; Continuous Presence: 23 months
  • Returned to US: 11/29/2022
    • Continuous Presence: Met as stay abroad was < 1 year
  • Receipt Notice for I131: 12/27/2022
  • Left US: March 3, 2023
    • Physical Presence: 23+3=26 months
    • I131/Reentry Approval Received with validity through 02/27/2026
Additional Context:
  • Immediate family (both of my sons' families) remain in the United States and are US citizens
  • Regularly filing US income taxes
  • Had to leave the country in 2023 due to my sister's terminal condition (submitted doctor letter, supporting medical documents when applying for I131)

Question:
  • Assuming my absence this time is less than two years (i.e., if I am back before March 3, 2025), is there an opportunity/case to be made towards the continuous residence requirement given the medical necessity that demanded my travel abroad?
 
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Concurrent H-4 EAD and H-1B Transfer (Premium) During Grace Period After Layoff

I have an H1-B visa valid till Oct 2024 + 4 months of 'H1-B Recapture Time'. I am on my 60-day grace period post-layoffs.
My wife holds an active I-140. We both are currently in the US.

My question is: Can I apply for H4 EAD and H1B (premium) transfer concurrently?
Does the order of filing matter?
What would be my visa status during this complete or partial transition?

Scenario 1: (ideal case) A new employer files for my H1B transfer promptly and I file for H4-EAD upon receiving the new I-797A.
Scenario 2: The new employer cannot file for my H1B before the end of the grace period. Therefore, I will apply for H4-EAD to maintain my legal presence. Will the H1B petition override the H4-EAD status?
 
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Multiple H-1B Petitions After Lottery Selection (New Graduate)

Hello Rajiv Sir,

I recently graduated and started working at Company A in Feb 2024. I also received another new grad offer from Company B with a start date in August 2024. Both companies have filed for my H1B lottery, and fortunately, my application was selected.

Now, I haven’t decided whether I want to switch to Company B in August or not. I know that multiple companies can file in the lottery for the same candidate, but my question is whether it's allowed to file multiple H1B petitions. Can I let both companies A and B file my H1B and take my decision in July, or should I make the decision now and tell one company to not file my petition?

Thank you.
 
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L-1B to H-1B Transfer: Impact on EB-3 & Portability with Employer Change

Hello sir, I’m currently working on L1B visa (2.5 years) and got picked up in the recent H1 lottery (bachelor’s). I was planning to start EB1C process this month. Should I wait until October 1 and apply on new H1 visa status? If I switch employers next year, will I again have to restart the EB1C process given I-140 will certainly not be approved by then?
...............................................................................
My bad, I meant EB3 and not EB1C
 
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STEM OPT to H-1B Transfer: Company A to Company B Before Start Date

Currently working for a company A from past 1.5 year on OPT, STEM OPT. Got my H-1B selected in this year lottery 2025 with single filing from company A, now I have a offer from company B. Can I transfer my H-1B to company B before the H-1B start date October 1 and start working for company B?
 
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H-1B Transfer After Acquisition: Firm A (Houston) to Firm C - Amendment vs. Termination

Morning Sir/Ma'am!

I was working for firm A Headquarters in Houston, TX on an H1-B visa. Started off on an F1 before getting my H1-B in Oct 2021.
We were acquired by firm B Headquarters in Stamford, CT. Firm B has an office based in Houston that is less than 10 miles from my previous work location.

The acquisition was announced on 1/3/2024 (last payslip from firm A -1/31/2024) and I moved to the new Houston office on 1/12/2024 .

My current payslips have firm B's name printed all over it since 2/1/2024.
I'm planning to change jobs and move to firm C before 5/1/2024.
My last day at firm B is 3/29/2024.
Firm B is currently filing an H1B amendment (Premium processing) with USCIS notifying them of the acquisition and simultaneously going to inform them of the H1B termination on 3/29/2024.
Please advise if this is the right course of action.
 
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OPT Return & H-1B Transfer: Entering US with X Company (Lottery Winner) vs. Dream Job at Y Company

HELLO
Rajiv sir
Hope you are doing well
We got connected via Yudi

I am currently in India and my 90 days job hunt period is going. My OPt start date was 16th Feb 2024

I am returning to US on 25th Apr as I have job offers from X and Y companies. I am returning before 90 days.

My offer letter date is from 1st May for both companies

Now the scenario is such which company should I enter on sevp portal to enter US?

1) X company is really small but filed my H1B and I got the lottery

2) Y company offer I got after H1B lottery but is one of my dream spot company.

Questions:
1) what company should I enter on sevp portal to show employment and enter US? Can I enter both companies?

2) Can I start working with Y company and work until Sept on OPT and also tell X company to apply for my H1B petition ? If yes, do I need to work with X in the meantime?

3) Once my H1B petition is approved by X, can I transfer it to Y company if both are in good terms? (I am working with Y company and not with X here, but still they are ready to help me forward H1B transfer)
 
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Green Card Holder (LPR) with Short Foreign Employment: Early N-400 Submission?

Became LPR in July 2019, went back to home country in August 2020 and stayed there 179 days working. Filed taxes and will show that employment on N400.
Would you recommend waiting before submitting N400 so I don't have to show foreign employment?
 
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Expediting Advance Parole (Pending Since 2022) for Parental Birthday (EB-2 I-485 Pending)

Hello Sir,
My advance parole has been pending since 2022. I have a pending I-485 in the EB2 category and I am not able to travel outside the US as my advance parole is still pending. I wanted to check if a personal commitment such as my parent's birthday can qualify as a reason for expediting advance parole?
Thanks.
 
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Employer Resources for Navigating Highly Skilled Immigration Programs

Hello Rajiv Ji, What is your recommendation for an employer to learn in detail about various Highly skilled immigration programs and its nuances. Working with attorney is great, but it helps if we learn as well it helps in many ways (Filing, transfers, I140 and staying in compliance). Thanks!
 
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Layoff Impact on EB-2 Green Card: Employer-Sponsored vs. NIW (India Priority Dates)

Hello Rajiv ji, how does getting laid off works if I have I-140 approved through employer sponsored EB2 application vs self sponsored EB2 NIW? What's the benefit of getting NIW for indians as current waitlist is in 2012?
 
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