Recording for March 23, 2023 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. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ will be addressed first and these FAQ 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 that we answer posted questions and follow-ups first.
-------------------------------------------------
Call Details:
Next Call Date: April 06, 2023
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

 

[ricknim]

Transferring a cap-exempt H-1B visa from one employer to another

Hello Rajiv sir,

I am on a cap-exempt h1 with employer A, in 2021 employer B filed my cap-subjective h1 that got approved. However I haven't joined B. after that, I found a part-time concurrent h1 job with employer C.
Question:
Now, can i use that cap-subjective h1 and transfer that into a cap-subjective part-time h1 with C?
How can I make use of this cap-subjective h1 so that i do not need to go into cap again?

Thanks very much !

 

[nbkr5sc]

Eligibility for L-1 visa after resigning from a Indian subsidiary of a U.S. company

Hi Team,

I have worked in an Indian subsidiary of a US company for 5 years and resigned in May 2022. Can the US company still sponsor me for an L1 visa as the condition for applying is to have worked at least 1 year in the last 3 years?

 

[rajnil]

Will the I-94 be automatically updated upon returning to the U.S. after renewing the passport in the U.S. ?

Hi,

I have my h1b i-797 until August 2023, but when i traveled to india last year and returned I was give a i94 date of 4/7/23 which is my passport expiration date, i renewed my passport in the US, I'm planning to travel to india on 4/15/23, so when i return back will my i94 be automatically updated? Please advice. Thank you

 

[kiran5716]

Repercussions of criminal misdemeanor conviction for driving without valid U.S. license on H-1B status

Hello Mr.Rajiv,

I was arrested for driving without valid US license in Indiana state by Steuben county police within 3 months of coming to US in Nov 2021 on F1 while driving from Buffalo to Chicago, although I had my Indian license using it I rented the car but the officers didn’t accept my license as legitimate even though everything was in English. I was convicted with criminal misdemeanor and I signed the plea agreement, as I didn’t have any resources to hire an attorney. It says my conviction will be removed after one year. I wanted to know that if traveling outside US and entering back would cause an issue at the immigration check, and also will it affect my H1B application as I have been put into this years lottery pool. Please advise.

Thank you!

 

[PDApril2013]

Green Card and I-485 approved, but the I-485 J (AC21) is still awaiting approval

Hello Rajiv,

My question is regarding - Green Card and I-485 are approved but I-485j (AC21) is still pending.

Below is the Green Card timeline.
October 2020: Employer A filed I-140 (EB2 to EB3) concurrently with I-485

August 2021: I-140 was apprpved.

March 2022:
1) I-485j (AC21) was filed by Employer B and was received by USCIS.

2) Within 10 days, I-485 was approved and Green Card received in 3 days.

May 2022: I-485j receipt was received from USCIS with the March 4, 2022 received date printed on the receipt.

I-485j is still showing pending on USCIS website.

Questions:
1) Per your past experience and knowledge of USCIS processes, did the USCIS approve the Green Card based on the I-485j AC21 filed by Employer B or based on the original I-485 filed by Employer A? Does it matter? Will it affect during citizenship application?

2) Can I find out from USCIS if they approved it for Employer A or B?

3) Worked for Employer B for 12 months after GC approval. Can I leave them and start my own business now?

Thank you for your valuable guidance!

 

[chiragdave]

Employer filing for H-1B visa while employed on OPT and STEM extension, with intention to complete MS degree course in the U.S.

Hello Rajiv,

My question is regarding CPT to H1B change of status.

I came to the US for my MS in Data Science in 2017 and graduated in 2019. My F1 visa is now expired but I maintained my legal status as I was employed on OPT and had a STEM Extension. I am currently pursuing my second MS in Business Analytics, which is a hybrid degree program while working full-time on CPT in Fall 2022. My employer has agreed to file my H1B and my CPT ends in Sept 2023.

Questions:
1) If my H1B is selected and approved, what should my steps be?
2)Will there be any issues since my course would not be complete by Spring 2024 and I might have to drop out of my Degree before it is complete to change my status? I intend to finish my degree in the future. What are my options?

Appreciate your help.

 

[Shruti Naik]

FAQ: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India?

Hello Rajiv ji,

Hope you are doing well!!
I got my H1B visa approval recently and I have got my stamping date in May.
My company is going through a bad phase financially and has had 2 layoffs (might do another layoff in next few months)
Wanted to know what happens in the following scenarios
1) I go to India for stamping and get laid off before getting my visa stamped
(Can I come back to US as 60 days time period is still left? Can I get my visa stamped if my company pays me for another month or so considering that my last day is a month later? Can I get my visa stamped even if my last day has passed)
2) I go to India for stamping and get laid off after getting my visa stamped (can I come to US and do my job search)
3) If I get laid off while in India but have an offer letter from another company (H1B transfer done/ transfer to be done after returning to US)

Thank you

 

[Rutu]

Answering the question on "professional, social, or charitable organization" on Form DS-160 as an H-1B visa holder volunteering for a non-profit organization

Hi Rajiv,

Thank you for answering my question last time. I have one follow-up question.

I am on H1B visa and Volunteering as Vice-President for religious non-profit organization. I am planning to visit India and filing my DS-160 and there is a question regarding "Have you belonged to, contributed to, or worked for any professional, social. or charitable organization?" Do I need to answer Yes or No on this? I am thinking it will be "No" as I am just doing Volunteering but kindly would like to take your advise.

Thank you,

 

[immhelp77]

Visa stamping issues due to payroll company: Making sense of different employer names and EIN’s (Employer Identification Number) on paycheck and 1095-C for H-1B holders

Hi Rajiv,

I am working from Columbus Ohio between 1/1/2022-6/30/2022. I moved to North Carolina on 7/1/2022 after amendment approval. Recently I noticed the Company name on paycheck is different for NC.

On LCA legal Entity Name is ABC.
Company name on salary slip between 1/1/2022-6/30/2022 is ABC Foundation.
Company name on salary slip from 7/1/2022 is ABC Foundation support services.
They issued 2 W2s for 2022 with below names. Address and EIN is same.

1) W2 Ohio
ABC foundation
Address: 456 RD
Cleveland ohio 7889
EIN: 1234

2) W2 North Carolina
ABC Foundation
Agent for ABC Support Services
Address: 456 RD
Cleveland ohio 7889
EIN: 1234

Now I received 1095-c that shows employer name as ABC Foundation support services and EIN 4567.
When I checked with HR they told me “Employer is ABC Foundation. We have, as part of the ABC Foundation, a payroll company for out of state employees called ABC Foundation support services.
The payroll company is just used for salary"

Question:
1) When I go for stamping to india, Will it be a problem because of Payroll company ?
2) My Job Title on LCA is "SR Microsoft CRM developer" while internal company title is "SR. Software Developer" from beginning. Duties never changed.

 

[ANimmi]

FAQ: Marriage and relocation to the U.S.: Quickest path for the prospective fiancé of a U.S Citizen living in India

My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons)

1. Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year?
2. If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take
3. She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application?
4. She is trying to get L1-B visa thru her current company. Will that visa approval be affected if they get married in the meanwhile?

In short, what is the quickest path for her marriage & relocation to US right now?

Thank you so much for your help, in advance !

 

[que_111]

Can I start my own business if I am an H-1B visa holder?

Hi Rajiv,

My question is, can person on H1B invest in the business as a sleeping partner ?

Thank you,

 

[nap8399]

DOS Visa Bulletin: Differences between chart A and chart B for filing I-485 applications

From the visa bulletin, should I follow the dates from Chart A (Final Action Dates for......) or from the Chart B (Dates for filing of.........) to file a I-485 application?

For example,
In the visa bulletin chart for March 2023,
Chart A date is January 2019
Chart B date is June 2020
My i140 was filed in December 2019 and it is approved.
Am I eligible to file for i485 in March 2023?

 

[whyi485j]

AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days

Hello Rajiv ji,

Hope you're doing great. Need your input and expertise for AC21 AOS portability.

Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdraw I140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days are passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application?

Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?

Thanks!
Rajat Sahu

 

[Vaibhav31]

FAQ: What to do if one is in India during the PERM and I-140 approval process

Hi Rajiv,

Im on H1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
2) i140 approved and Post i140 approval; (while I'm in India)

Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?

 

[Nits77s]

Options for starting and operating a social enterprise on H-4 visa without EAD

Hi Rajiv,

I have an H4 Visa (Without EAD) and need to register a Social Enterprise. Please note would pay taxes in India and US if required.

Please let me know which of the scenarios can be executed from the below options to start and operate a Social Enterprise.

Social Enterprise - Empowering Artisans to sell Handcrafted Products by sharing their tales with the world. Importing handcrafted goods made by local artisans in India and selling them to Corporates or Export / Garment houses in the US. Mission- Connecting Artisans directly to consumers and giving them a fair price share.

1. Start and run a Social Enterprise on H4 Visa without EAD?

2. Register the organization in India and operate in US?

3. Start and run a Social Enterprise and not take any income out of it? Although would be working / operating it. But would be Reinvesting it into business until I get an EAD to Withdraw profits / take Salary.

4. Start a company in India and operate in India whilst staying in US

5. Take commissions and import goods on Buyer’s name / Agents name

6. Register a company in India, operate in Europe or any other country whilst staying in US?

7. Any other workaround that can be done to operate it?

Appreciate your help and guidance.