Thread OPEN to Post Questions for December 05, 2024 Conference Call

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 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: December 05, 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
 
I am in 1st year of STEM OPT. My employer verbally committed to file cap exempt h1b in 2026 so that I can get the h1b right about the time for my STEM OPT to expire.

If my boss is willing, can he

  • start my GC filing in 2025, before filing h1b in 2026 to save some time for my GC process?
  • Or I should jut wait to get h1b first till 2026 and then start GC after that?
  • Or file for GC concurrently with h1b in 2026?
And Which option is the best for me?
Thank you very much in advnce.
 
Hi Rajiv Ji

Hope you are well. Thanks for helping out with all the immigration related queries.

I am working with company A for last 15 years. I am currently on L1B with a valid visa stamp and working in US office from the past 2 years.
I also got my H1B petition (lottery) approved with the same company (Petition expiring 2026-Sep) but choose a consular application instead of status change.

Now can I have both the visa stamped (H1B and L1b) in my passport after I attend H1B interview overseas and still choose to work under L1B when entering the country?

Will my L1B visa be cancelled if my H1B is approved?

Assuming I don’t switch to H1B before 2026 Sep. Can a different company B give me an offer by filing a H1B extension after 2026 Sep or should the company go for H1 lottery again?

Also, for my spouse to work is H4EAD or L2 which is the best visa considering current political situations?
 
Hi sir,
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B? Thank you.
 
Hello,

I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.

1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job which sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.

Just wanted to clarify what does - "Case Was Automatically Revoked" mean, Revoked - sounds a bit concerning. My role was terminated.
 
Hello Rajiv ji

First of all thanks for helping so many people with your immense knowledge and dedicating time.



Q1: My brother got layoff from current company recently and let say he applied for h1b transfer within 60days (grace period) with Company-A and it’s still in process, then after 60days can he apply h1 transfer with company-B (better opportunity)?

Q2: Followup question on above scenario, if in case his h1 is denied (company-A) how much time does he have to leave the country?

Q3: He was notified about his last day as Oct30th then his 60days grace period ends on Dec 30th? Or is it 60 working days?



*Note: His current company told that they have not revoked the h1b.

Thank you very much Sir!!
 
Hello Rajiv ji

I am an LPR who has been physically present in US for about 3 years. i have an opportunity from my workplace to work abroad for a long term assignment (> 1 year). i am considering whether i qualify for filing N-470 or not. i believe my company qualifies since it is a US owned public company engaged in US foreign trade.

one of the requirements for filing N-470 that i read was that the LPR must be "physically residing in the United States for an uninterrupted period, without any absences, for at least one year after admission as LPR".

1. are you aware if taking short vacations (while still holding physical ties to US) disqualifies us from the above requirement ?
2. are you aware of any appeals to get around this requirement for short vacations ? it seems rather silly to enforce such a requirement during this global age that we are in.
3. do you think there is a good chance that the USCIS officer adjudicating the case interprets this requirement in our favor (for short vacations) ?

Thank you very much for your service !
 
Hello Rajiv Ji,

Husband- F1> H1B >B2 (Laid off)
Me- F2(Rejected) > B2 Stamped

Currently in US with approved 1st extension of B2 . I have received I-20 for Masters program (Ranking is in best 3 in US- So hopeful that F1 wont be a problem)

1. So should I go for COS from B2 to F1 while in US ? or go to India and get F1 Stamped.(I understand that I need to stamp anytime i exit US)
2. Can my husband apply for F2 from B2 after my F1 is stamped or I need to be in US on F1 for that? In this situation is COS better since his B2 expires in March 25?
3. If I go for stamping and have F1 stamped in India in January 25 and my Program starts in July25 . Can I enter on B2 Visa in Feb/March 25 (Since we need to wrap up and move to new place before program starts) and then re-enter from Mexico on F1 later.

Thank you for your time and valuable advice. Grateful to you.
 
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