Recording for July 25, 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 08, 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

 

[sureshK1234]

FAQ: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S.

Hello,

My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that in two of his most recent trips, he was out of the US for nine months and six weeks and 11 days.

He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.

What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?

Thank you !

 

[Sai_yssd]

Maintaining legal status in the U.S. on STEM F-1 visa with pending I-130 petition Post-OPT expiry

Hello Sir,

I am currently on a STEM F1 visa and graduating in Aug 2024. Let us say, my 90-day OPT validity period gets expired in Nov 2024.

My spouse, who is a Green Card holder, has applied for an I-130 (Petition for Alien Relative) on my behalf, and the I-130 is currently in progress.

In this situation, once my OPT expires, will I be able to continue my stay in the U.S. due to the pending I-130 petition? If not, what are the other potential options I can explore to maintain my legal status?

Additionally, if I am unable to secure a full-time (40 hours/week) job after graduation, what are the different options available to keep my OPT valid beyond the 90-day grace period?

Thank you for your guidance and assistance.

 

[an1l]

Issues with pending I-485 and commuting from Canada on H-1B without AP while awaiting Priority Date to become current again

Hello Rajiv sir,
I have applied for 485 in Sep2022 when my PD was current, got my EAD and my 485 has been in pending status, But staying in Canada since Oct 2022, have been commuting to USA on H1B never applied for AP. Now my date may become current again in next few months and I am planning to move back to USA for good in two months. My job role/position has not changed.
Do you see any issues while processing my 485 when it becomes current again?

 

[Aditi2325]

FAQ: H-1B Grace Period Related Issues

H-1B status during the grace period: Canadian visitor visa, B-1/B-2 shift, and alternative suggestions

Hello Rajiv sir,

I am on H1B grace period left with just 50 days to get an employer to transfer my H1B or I would be kicked out of the states. My question is which of the following paths should I choose?

1) I have Canadian visitor visa which is for 6 months so can I go to Canada if I don't get a job by grace period?
2) If I don't get a employer should I shift on B1/B2 ? and if I do how can I come back on H1B ?
3) Anything else you would like to suggest to keep my H1B active??

Thank you.

Regards,
Aditi Gaikwad


___________________________Question from Member AABB23__________

Solutions during H-1B grace period: Compelling circumstances EAD, B-1/B-2 visa, career change, and education pathways

Hello Rajiv Sir,
Here is my situation:

1. Current Status and Possible Options to consider:
   • I have two approved I-140 petitions, one in the EB3 category with a priority date of June 2016 and another in the EB2 category.
   • I am currently laid off, and my 60-day grace period ends on August 10th, 2024.
   • With many companies reducing staff, I'm exploring various immigration options.
2. Compelling Circumstances EAD:
   • How does the Compelling Circumstances EAD work, including eligibility criteria and the application process?
   • What are the potential issues if I find a new employer who later sponsors me for an H-1B visa?
   • I own a home and have two children born in the USA (ages 10 years and 1 year). My husband is currently unemployed on H4-B visa status.
3. B1/B2 Visa Option:
   • What is the validity period for switching to a B1/B2 visa until I secure employment?
   • If I travel outside the country on a B1/B2 visa, what are the implications for my status and job search?
4. Exploring Career Change:
   • I am interested in pursuing a movie direction course. How might this impact my immigration status, and are there pathways to a Green Card or specialized visas through this field?
5. F1 Visa and Education Pathway:
   • I completed my first Master's degree in the USA in 2010 and utilized CPT and OPT options at that time.
   • If I pursue a second Master's degree in AI on an F1 visa, would I be eligible for CPT and OPT options again?
   • If I find employment during my studies, can I switch back to an H-1B visa? What happens to my ongoing course and remaining OPT?

Given these considerations, what would be the most advisable option for me until I secure a new employer willing to file an H-1B visa on my behalf? How lately we can apply before the end of grace period.


Your insights, experiences, or advice would be invaluable to me during this challenging time. Thank you for your time and assistance.

 

[abhid]

L-1A visa to green card process: Timing for GC application, impact of renewal, timelines, and including dependents

Hello Rajivji,

About L1-A to renewal to GC
My Indian company started US operations (new Company) in March 2023 and applied for my L1-A. This was approved on Sept 2023 for 1 year. However, I got my visa stamped in Oct 2023 and I reached US in Nov 2023.

Here are my questions:
1. When can my US company start my GC process? I read some documents that say for a new US entity, it can be done only after 12 months etc.
2. My L1A renewal is in Sept 2024. If my company starts my GC processing immediately, will the renewal decision (either way) impact the process
3. As per current scenario, what is the typical timeline to complete the process for the petition to be approved. I read many places it takes 8-12 months for approval and 6 months more to get GC. In today's scenario, are these timelines realistic?
4. My wife is currently in India (working) and not on any dependent visa. When can I include her in GC process

Thanks for your time and all the help.
Regards,
Abhi

 

[RuhA]

F-1 OPT to H-1B and STEM OPT extension: Addressing work relevance, H-1B selection chances, and sales role concerns

Hi Rajiv,
I am currently on F1 OPT and have completed my MBA with a major in Business Analytics & Machine Learning. I am working in tech sales with the title of Account Development Representative. I have a few questions:

1. What should I write in the SEVP Portal under 'how work is related to my major of study'?

2. If my company is willing to apply for an H1B visa, are my chances of being selected lower because I am in a sales role?

3. Will there be any issues when applying for the STEM OPT extension if I am still in a sales position?

 

[rp9777917]

Pursuing MS or PhD part-time on an H-1B visa in the United States

Hi Rajiv Ji,

I am on H1B visa. Can I pursue MS or PhD part time in United States?

Thank you so much for your help.

 

[bradleycooper]

F-1 visa re-stamping and travel for PhD candidate with extension and OPT in the U.S.

Hello Rajiv ji,

A friend is doing a PHD (AI Ethics) and initially had F1 visa from 2019-2024 (5 years), now he has got an extension (funding) for another year (till May 2025) with an approved i20.

Would it be safe for him to visit India in December this year and get a re-stamp for his F1 visa? He has 1 year OPT after phd (non stem) and doesn't have a job offer at the moment.

Thank you for your help.

 

[monanshiverma]

Managing unpaid maternity leave on F-1 STEM OPT: Employment status, reporting to USCIS, and job assurance

Hi Rajiv Sir,

I am on a F1 visa and currently on STEM OPT. I'll will be going soon on maternity leave, but my company does not offer paid maternity leave, and it will be unpaid leave for 8–12 weeks. But my employment will not be terminated during this period, and I'll will join the company after the maternity leave. I have few questions in this case:

1. My company does not offer FMLA leave or Short- Term Disability Benefits, What are my options to not be considered as unemployed during this unpaid leave period.
2. Will this unpaid leave period of 8-12 weeks will be considered as unemployment and I need to report it to USCIS by submitting I983 to DSO?
3. Do I need to take any letter for my job assurance from the employer for this unpaid leave period, Just for my records or future use for any USCIS queries.

Note: I have 146 days of unemployment left in STEM OPT (as of today).

 

[mhsao]

H-1B visa stamping after CPT and change of status: Required documents and potential consequences of traveling

Good morning Rajiv,

I hope you are doing well.

I was on CPT (not day 1 CPT) and was in the process of changing my status to H1B. If my COS is successful and I later travel back to my home country (not India and China), I do need to get a visa stamped, will there be any bad consequences?

Could you please let me know what documents I need to carry on top of I129, I797, Employment Verification, LCA, Education Supporting documents, Resume, and 3 Paystubs for the first stamping?

Thank you in advance for your response.