Recording for March 06, 2025, 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 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:
Next Call Date: March 20, 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
 
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Legality of working a remote job while on paternity leave and receiving state benefits in Washington State

Hello,

I have one job currently from big tech (FAANGM) company in Seattle WA and I have another fully remote job from manufacturing sector (different industry compared to my current employer). I have a green card (permanent resident).

1. Is it allowed if I will be applying for paternity leave (receiving state benefits from Washington State from one company where I am currently working ) and simultaneously working for another company remotely (fully remote full-time job)? Wanted to understand if it is allowed legally?

2. Is this allowed from Washington State or not allowed? And will claiming the benefits from state while working for another job will reduce the weekly pay or something?

3. Wanted to understand if is it legal to paternity leave benefits from Washington State while working for another fully remote job being a a permanent resident (i.e., I have a green card) or is it not allowed and considered illegal?

4. Let me know if I need to be aware of anything for this or any complications or something can happen due to this that I should be aware of? Or any issues for naturalization (citizenship)?

5. When claiming benefits from state, do I need to disclose how much I am making from my other job when claiming money from state for weekly claims? And if they will see that I am already getting another paycheck from another job, so my weekly claim benefits will also reduce?

6. Is it necessary to disclose how much I am earning from my second job (i.e., besides first job) if I am claiming paternity leave benefits from my first job? Is it okay if I don't disclose or I will run into issues if I don't disclose?

7. It's not a legal issue or something if I am not disclosing to either employer about a job or claiming benefit from any employer?

8. With Trump being strict these days in immigration and I saw one video where Trump highlighting he along with Elon Musk will implement ways to find out people with multiple checks; so is that an issue in general or from immigration point and will this cause issues to me when I will be nationalizing (become a citizen)?

Please guide and give advise. Thanks a lot Rajiv Jee.
 
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FAQ: Should I maintain my H-1B during I-485/AOS pendency?
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Dear Rajiv Ji, I hold an H1B Visa, and it is time for an extension. At the same time i have applied my 485 few years ago and i recently renewed my EAD which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If for any reason my H1B extension goes wrong, will i still be able to use my EAD? Thank you always for your support.
 
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F-1 visa stamping in India after graduation and OPT

Hi Rajiv Sir,
I am reaching out to seek guidance regarding a specific travel and visa-related query concerning my spouse.
She recently changed her status from H4 to F1 within the United States through a Change of Status (COS) and is currently pursuing her studies, set to graduate in May 2025. However, after graduation, she is planning to visit her home country for personal reasons.
Given that she would have completed her education at the time of travel, we would like to understand if it is advisable to travel to India at that point for F1 visa stamping and whether this timing might pose any risks even if she manages to secure a job on opt ?
Your insight and recommendations on this matter would be highly appreciated.
 
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L-1B visa extension beyond 5 years with approved I-140 and potential L-1A conversion

Hi Rajiv Ji,

I am currently on L1B Visa working in the US. My 5 year term for L1B will be finished in Sep 2026. I also have my I140 approved.
My question would be

1. Will i get extensions for L1B after 5 years as my I140 is not current. Is this the same rule as for the H1B for which i know after 6 years if I140 is approved they get extensions ? If not what would be my options ?

2. If i get promoted to a managerial role in the US , Can i be moved to L1 A visa ? and Will i be eligible for green card EB1 category with out as a manager out side US ?

Thanks
Rayaprolu
 
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H-1B extension timing and interview waiver Dropbox eligibility based on visa stamp or I-797 expiry

Hello Rajiv sir ,
I am on an H1B visa with the i797 approval till sep 2026 , I am planning to apply for extension next year
Q1- How soon before my i797 expires i.e. sep 29 2026 can I apply for the extension

Q2- As per the new Interview Waiver Drop Box Rules it says 12 months from your previous visa , on my passport the stamp for h1b was from when I was with my 1st employer and the stamp is valid till sep 29 2025 , so as per the new rule is the 12 months based of the stamp expiry (sep 2025) or the i797 expiry (sep 2026)
 
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FAQ: H-1B and I-140: Moving to India & Future Return to the U.S.
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Hi Rajiv sir, I’d appreciate some insights on my H-1B and green card process. Here’s my situation:
  • I currently have an H-1B visa valid until July 2027.
  • My company has filed for PERM with a priority date of October 2024.
  • If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
  • I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
  1. Impact on H-1B if I move to India
    • What would happen to my H-1B if I joined a different employer in India?
    • What happens if I stay with the same U.S. employer but work from India?
  2. Returning to the U.S. after H-1B expiration
    • If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
  3. I-140 and Priority Date Retention
    • Will my I-140 priority date remain intact if I am in India and later can re-enter the USA for a different employer based on the answer to the above question?
    • If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for a new green card process?
 
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FAQ: H-1B working remotely from India
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Hi there

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:
1. Does my employer need me physically in the U.S. to apply for my H1B extension?
2. If yes, what alternatives are available for my employer to apply while I am abroad?
3. Given that my visa expires in September 2025, when should I start the extension process at the latest?

I would appreciate any insights—thanks!
 
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H-4 and H-4 EAD pending after H-1 approval - Travel to India and impact on pending applications & auto-extension

Hello Sir,

Here's my scenario:

My husband's H1 extension and my H4 extension and H4 EAD renewal were all applied together in premium bundle. All went to Vermont service center and the received date for all the applications are Oct 28, 2024. H1 got approved in the first week of November. My H4 and H4 EAD are both pending. My old H4 EAD and i94 were both expired on Jan 25, 2025, and I have not been working since the last four weeks as I couldn't qualify for the auto extension. I tried expediting my cases twice but they denied my requests.
So, my questions are:

1. Is it okay to travel to India, get H4 stamped, and come back with an updated i94 (as per my spouse's approval notice till 2027) while my H4 and H4EAD are pending? What will happen to my cases pending with the USCIS?

2. If I successfully obtain an updated i94, will I still be eligible for 540-day auto extension, given that my EAD is already expired?

Your insights will be helpful.

Thank you so much,
Swati
 
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VIOP annotation on US entry - Concerns about future travel and seeking advice

Hi sir,
Thanks for giving this platform to help lot of folks.
Our scenario is, my parents were living with us in Canada on super visa( long term visitor visa that allows up to 5 years to continously stay) , and they were staying for 1.5 years and recently went to USA on road and the officer at the border was wondering on the long term stay in Canada, despite explaining about the long term eligibility, apparently he does not seem to be convinced about the ties to home country, he finally admitted them with annotation of VIOP.
They are planning to leave USA soon, but planning to come back 2026.
I am wondering if this annotaion will have any future visa/admission implications or is it just admistrative annoation?
Do I need to email/get more clarification from CBP?
 
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H-1B to B-2 change of status pending - ICE interaction, required documents, and potential for denial under new administration

Hello Rajiv Sir,
- if h1b to b2 is pending then what status we should tell to ICE and what documents we need to show them?
- are there any h1b to b2 denials coming in new trump administration, or are such denials expected especially for b2 extension?
 
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H-1B renewal stamping in Canada – Impact of expunged case & safety concerns

Hello Sir,

I am currently on H1b. Planning on going for H1b renewal stamping in May in Canada.

Q1) I had an accident during my F1 studies duration. The case was dismissed and legally resolved, however, during the case the judge ordered to take my fingerprints. Presently, the fingerprints associated to that case and case itself is expunged. my concerned is whether those accident record associated with fingerprints will come up during biometrics of H1b interview. If so, how to tackle it? how to mention in DS 160? will it cause 221 g?

Q2) Is it safe to go interview to Canada under Trump Administration?
 
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