Recording for August 08, 2024 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. 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.
-------------------------------------------------
Call Details:
Next Call Date: August 22, 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
-------------------------------------------------

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

 

[mohamzk]

Students receiving money, Converting from F-1 to B-1/B-2 status, Travel on F-1 and OPT start dates for F-1 visa students

Q1: can we add money to our US bank account, from friends any formal declaration required in the future?

I mean they give cash and I want to credit the bank account so that it is safe and sound

as there are conversion charges, my uncle is willing to deposit cash in my bank account from where I can pay the semester fees. so it is a good practice to deposit money?

as on F1 visa, we are not authorized to work so USCIS may be concerned about the money, my gut feeling.

Q2: When is it advisable to file for a B2 visa when on an expiring F1 visa, does the date have a relevant visa stamp date or the I20 date?

Q3: If my F1 I20 is expired, and the new I20 is after 6 months, can I go to Canada on a visit visa and come back?

Q4: can I visit Canada on F1 visa status, how many months can is stay over there without cancellation of F1 visa

q5: when is the OPT start date, is it when I file with DSO, or when I20 is uploaded to the USCIS website?

 

[Anonymous7]

FAQ: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option

1. How much and for how long do we have to work on an endeavor for which NIW I-140 was approved in order to avoid any issues in adjustment of status, naturalization, etc.?

2. Is there a way to get any status in the US to work on the approved NIW endeavor until I-485 is filed?

 

[Sven]

Status transition, H-1B transfers and Name discrepancies on approval notices for H-1B to B-2 visa holders

1 - Was on H1B status. The last date on Payroll is Feb 29. Applied for COS B2 on April 25 (within 60 days from Feb 29). Requested B2 from April 26 - Oct 20. June 28 B2 approved but validity from June 28 - Oct 20. Was I out of Status from Apri 26 - June 28? Any issues in the future? H1B Ext or GC?

2 - Current status B2. I am interviewing at multiple companies. Can different companies file for COS H1B transfer while being on B2? Example - Company A filed for H1B COS on August 1, and was approved on August 10th with a job start date of August 20th. Can another company file H1B COS during this time? Also, Can another company file an H1B after Company A's H1B COS has been approved but has not started work yet?

3 - In the B2 COS approval, the last letter of my Given name has been truncated. Will this cause issues? B2 application has the full given name. Just the approval notice has 1 letter missing at the end.

 

[Saanvi]

FAQ: Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations

Hello Rajiv Sir. I got a DWI in January 2024 and was convicted of two misdemeanors (DWI+ Eluding police) in June 2024. I have an H1B petition valid until 2027, and my visa stamping has already expired in March 2024. I'm not traveling to India for now, but my wife and kid are going to India in December. Will there be an impact on H4 stamping, which will be dependent on my H1B petition? Do I have to send all papers to them, like the court decree, the court certificate of registration of actions, the charge sheet, etc.? I have a home in the USA, which I bought in November 2022. Can I also travel to India? What will be my future in the USA? Please advise if there will be an impact on visa stamping on my wife's visa.

 

[rakeshvvv]

FAQ: H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc.

Hi Rajiv Sir, I have a question about my H1B extension,

My current I-797 and H1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H1b extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?
I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my h1b is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?

If my h1b is approved while I am out of the country or during transit, Can I enter the USA with the existing H1B stamping?

My work is remote, and I can work from anywhere. Can you provide me with a better solution than the below 2 options?

1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.

2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.

For the same above question, my attorney response is quoted below and filing another extension if I am out of country created confusion for me...Could you please clarify

"If the extension is approved while you are outside the US, your I-94 would be per the shorter I-797 and you would need to file another extension (or re-travel with the new approval notice and a valid visa stamp".

Best regards

Rakesh

 

[Abdul June]

F-1 student on OPT facing STEM extension and asylum application: Filing OPT extension, Notification requirements to USCIS and SEVP

Hello,

I'm a F1 student on OPT, and I've a stem extension coming up in December 2024. However, due to some circumstances I had to file asylum which I did a few weeks ago. My asylum EAD card ix expected to arrive in February 2025.

1. So should I file for the OPT extension or not ?
2. Do I need to report anything to USCIS or SEVP about my asylum ?

 

[StilIThinking]

FAQ: H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future

Hi Rajiv sir, I Hope you are well.

I am Currently in my second year of OPT ( my stem OPT expires in December 2025); I am working as a software engineer in a Nonprofit university

Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.

My employer agreed to file an H1 at the end of the stem opt, but I am planning to ask my employer (a non-profit) to file a cap-subject visa for me. If they do and it gets picked, all is good and fine. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.

- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.

- If I do have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this around by moving to day 1 cpt or any other visa and start working immediately to the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.

Do you have any suggestions for my situation?

 

[Aishwaryasaikumar]

Travel and employment options following STEM OPT expiration: Status of B-2 visa applications, Grace period and Cap-exempt H-1B sponsorship from India

Hello Rajiv sir thank you so much for your Support by conducting this session

So My stem OPT ended on June 1
I applied for a change of status to a B2 visa on June 5. It's been 50+ days, but there has been no update on my application. My grace period ends on July 31.

1. Can I travel back to India after my grace period ends while my B2 status is still in "Case Received" status? My F1 visa is valid until August 15, but my grace period ends on July 31. Is it possible to travel by August 14, and will there be any issues with traveling back to India?

2. Can I still apply for cap-exempt jobs from India to sponsor H1B jobs, get a visa, and come here?

Thank you

 

[Favour10]

Bringing a child born through surrogacy abroad to the U.S.: Legal requirements for green card holders and admission criteria

Hello Sir!
I am a green card holder same as my husband, my baby will be born through surrogacy outside USA. Can I bring my baby with me to the US after birth using the below stipulations?
Child Born to an LPR: A child born of a Lawful Permanent Resident mother during a temporary visit abroad is not required to obtain an immigrant visa if

(a) seeking admission within 2 years of birth; and

(b) accompanied by either parent, who is applying for readmission upon first return after the birth of the child. The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa.

(3) Requiring Reentry Document of Child’s Parent: The provisions of 9 FAM 201.2-3 paragraph b(1) and b(2) above apply only if the noncitizen parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), an SB-1 visa, or other appropriate documentation consistent with 8 CFR 211.1(a). With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

(4) Evidence of Parent-Child Relationship: Parents must present the child's birth certificate or other evidence of parentage for the child to qualify under the provisions of 9 FAM 201.2-3 paragraph b(1) and (b)(2) above.
Thank you for your time

 

[mohdmukhtar1227]

Concurrent filing of Form I-130 and I-485 for green card holders' spouses: Eligibility, Visa availability, and EAD implications

Hi Rajiv sir,

I hope your are doing well! Can we file both the I-130 and I-485 concurrently for my me? Currently my spouce is a green card holder .


I noticed that the F2A category is June 2024 in the August 2024 Visa Bulletin. Does this mean that when we file the I-485, it will go into a pending state, allowing us to file for the I-765 EAD based on pending I-485 c9 category ?

If it turns out we cannot file the I-485 at this time, what would be the consequences if we still attempt to file? Will the application be rejected outright, and are there any potential negative implications of this action? My main goal is to obtain the EAD as soon as possible.

If my priority date that is I-130 filing date is August 2024 . Then I can only file I 485 only when the current visa bulletin date is August 2024, or the current visa built-in date should be Current?

Thank you for your assistance.

 

[squareclamp]

Extending B-2 visa status: Implications of job interviews after H-1B employment termination

Hello Sir,

I left my H-1B job in December last year, and wanted to some more time to apply for jobs. I applied for change of status to B-2 visa via I-539 petition in Feb 2024. My change of status was approved in March and I have valid I-94 until end of Sept.

I'm currently interviewing with some companies and need some more time for interviews - don't want to run the risk of overstaying, since H-1B approval may also take some time. Should I file another I-539 petition for extending stay? And simply state - I need some more time to finish interview process. Would that be an acceptable reason for extension of B-2 visa? What are my chances of getting an extension for B-2 visa?

P.S - I do have I-140 approved from my past employer, but since I'm no longer with the employer it probably doesn't mean much.

 

[an1l]

Moving from H-1B to EAD: Downgrading from EB-2 to EB-3 and future I-485 applications

Hi Rajeev sir,
I am on H1B, Have applied for 485 and have EAD approved in EB2, If I or my wife start using our EAD instead of H1b or H4, in future if my date becomes current in EB3,Can I downgrade and apply 485 in EB3 category ?, will it be a problem as we no longer on h status.

 

[royj]

Employment termination before H-1B activation: Important aspects of STEM OPT, H-1B status, and future employment opportunities

Hi Rajiv Sir,
I am currently in an unfortunate situation. My whole team is being laid off and employment will be terminated within few days from now.
My visa status is that my H1B application was picked in lottery and petition was filed and received H1B application approval notice in June 2024, and it was supposed to start from 1st October 2024 as it was COS application. My OPT Ead expired in July 2024. But I had applied for Stem OPT just to be safe in April 2024, approval is still pending.

1. So what happens if my employment is terminated before October 1, does the H1B Visa still get activated on October 1 and 60 day grace period start if H1B not revoked by the company? (And if activated does F1 status go away)
- If I am able to find new employment before October 1, can they file for H1B transfer before activation on October 1?
- If I find new employment in October, is H1B transfer possible?
- Or is it true that only if you are employed by the same company that filed H1B, it gets activated on Oct 1.
- If I am able to convince the company to keep me on unpaid leave till Oct first week, does H1B still get activated, or do I have to be on payroll?

2. Also is it wiser to apply for a premium processing STEM OPT in this scenario and get it approved before employment termination?
- And if not do they approve based on my employment that had started after OPT expiry and unemployment days are counted from the termination (Like how it would have happened if I already had it in hand)?

Finally if my stem opt filing is pending and employment is terminated what status do I go into after termination (Am I still on H1B cap gap or Stem opt)? And what is the best thing to do in this scenario.

 

[NS12]

Activating approved H-1B visa from India: Employer transfer, Visa validity, and Timing

Hi Rajiv sir,
I received my H1B in Sep 2021 and got my passport stamped in around 2022 but due to some major internal and management changes and for some financial reasons my employer now decided to send me in 2025 to the US, I am in India and as per the team I won't need to apply for H1B again through lottery, is that possible? My visa ends in Sep 2024.
If that's possible, can I try for H1B transfer from India itself and move to the US directly through a new employer before or after Sep 2024?

 

[AABB23]

Layoffs and immigration status: Transferring H-1B to B-1/B-2 visa, Expediting I-130 for spouse, and Evaluating petition options


Hello Rajiv ji ,

Here is our situation,

I have been impacted by recent layoffs. I have an approved I-140 and am currently considering transferring my H-1B visa to a B1/B2 visa while I secure a new job. While in the process of transferring to B1/B2, I am also looking to expedite my husband’s I-130 petition.

• Current Petition: My husband has an I-130 petition under the sibling category with a priority date of March 2018.
• Age and Residency: He is married, over 40 years old, and has been residing in the U.S. for over 12 years with two children born in US.
• Parents’ Status: His parents have been U.S. citizens for several years.

Given this context, I have the following questions:

1. Feasibility and Benefits: Would it be advisable to transfer/withdraw the current sibling petition and transfer/file a new I-130 petition under his parents as sponsors? How would this switch potentially impact the processing timeline?
2. Process for Switching: What are the steps required to withdraw the existing sibling petition and file a new petition with his parents as sponsors?
3. Processing Times: How do the processing times for an Immediate Relative petition (if applicable) compare to the current sibling petition, considering the long wait times for sibling petitions?
4. Overall Recommendation: Based on your experience, would this switch likely result in a faster green card processing time compared to the current sibling petition?