Thread OPEN to Post Questions for January 23, 2025, 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: 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
 
I have got H1B extension in November 2024, I am planning to India for stamping as per the date availability. Is there any issue or rejection during stamping?, since I am carrying 3 years of bachelor degree from Mumbai University in Economics and having 18 years of experience in IT.

Please advise.
 
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Namaste Rajivji,

We primarily have questions on relocation to India and possibilities.
Me and my wife want to retain our Green Cards and eventually get US citizenships. We are just 3 years away from getting our US citizenships.

However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for few years (5 years) but also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenships. Is this even possible without the hassle of staying 6 months in US and 6 months in India and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?

We are aware that we can take 2 years permission by filing Form I-131 and stay outside the US for 2 years. However we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?

Please advise. Thank you!
 
Dear Rajivji, I had applied for a change of status from H1B to H4 visa via I-539 in May 2024 as I got laid off with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.

On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows validity of H4 from 12/23/2024 to 03/13/2027.

On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.

However, the H4 approval shows the start date as 12/23/2024. So, my question is what status was I in during the period 5/19/2024 and 12/23/2024 and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for date to be changed to 5/15/2024 to avoid issues in future?
Please advice.
Thank you,
Naren
 
Hello sir,

I am on OPT which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation and they can sponsor me for an H1B exempt visa. I have a degree in computer science and I ultimately want to work in corporate america which means I need to get an H1B cap-subject visa.

My question is - whether I should get this H1B exempt visa through my current organization or shall I try to switch to a different company and use my remaining two attempts at the lottery? I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B exempt visa jobs are less and pay less. And though the option of H1B concurrent visa is there but I feel in reality it will be very difficult to get a company to allow me to work for another company due to NDA requirements and also allow part time work. (But I would appreciate your advice on this since you must have had experience with your clients.)

Do you advise me to get the H1B exempt visa now? Does it have any advantage given I want to transition to a corporate company in the future? What options will I have if I want to switch to a for-profit organization? Also, I am currently funded through a grant and it has runway till July 2026.

I have seen people saying not to get H1B exempt visa as you will be stuck in that category but I also feel that any H1B visa will be better than F1. I need your advice please, sir.

Thank you so much!
 
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