Recording for September 05, 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.
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Call Details:
Next Call Date: September 19, 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

 

[Sundeep02]

Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document?
Hi Rajiv,

I hope you are doing well!

I am currently on an H1B visa, and I changed employers a year ago. My I-140 was approved with my previous employer, and my current employer recently started the green card process again for me. It appears that my previous employer requested to withdraw my approved I-140 after the 180-day approval period. However, they used a date on the withdrawal request letter that falls before the 180-day mark. My question is, which date does USCIS consider for the 180-day period: the date my previous employer mentioned on the withdrawal letter to USCIS, or the actual date USCIS receives the withdrawal request?

Additionally, my previous employer is refusing to provide the I-140 notice, and I had no luck obtaining it through a FOIA request. I have the receipt number—can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document?

Thank you. I appreciate your help on this matter and look forward to your response.

 

[venkatakalluri4]

H4 transfer, H4 EAD renewal, automatic extension of EAD.

Hi Rajiv,

hope you are doing well,

I am currently on H4 status and have an H4 EAD, both valid until December 15, 2024—even my I-94 valid until Dec 15, 2024. My spouse, who is on H1B, recently transferred to a new employer and received a 3-year extension. Consequently, I have applied for my H4 transfer and H4 EAD renewal (concurrent filing on june 2024).

Given that my current EAD is set to expire in 3 months, I am concerned about my ability to continue working while my renewal application is being processed.

Given that I submitted my applications for an H4 transfer and an H4 EAD renewal on time, may I still work? What happens if, by then, H4 and H4 EAD are still pending? What happens if H4 is accepted but H4 EAD is not yet complete? I would appreciate any clarification regarding the automatic extension of EAD.

Thank you!

 

[Daemiel]

J-1 waiver and H-1B, what are my visa options?
Hi Rajiv,

i hope you doing well. I am reaching out to seek a quick advice on my current visa situation, which is as follows:

* I am a Sri Lankan national with an MBBS degree (Medical degree) and 15 months of research experience at Mayo Clinic, where I was on a J-1 research scholar visa.
* I am now facing the 2-year home residency requirement and a 24-month reapply bar due to my J-1 visa status.
* I have accepted an offer letter for a research fellow position at Mayo Clinic. the start date is set to November 11, 2024.

I am concerned about the potential delays due to the J-1 waiver process if i apply for H!B. Given my situation, what visa options do you think best suits me considering my start date?

Thank you for your guidance and truly appreciate your help.

PS: after my exchange program at Mayo Clinic, i returned back to Sri lanka.

Best regards,
DLS

 

[Anonymous7]

H-1B transfer and PERM based GC

I want to hire my friend in my one man startup company. Can I easily do H-1B transfer and PERM based green card for my friend, or it will raise questions and create problems / denials.

 

[sneha20393]

F1 CPT and change of status to H-4 visa

Hello,
I am Indian, currently in US on F1-CPT visa (attending school and working). My F1 visa has expired, but have valid I-20 till June 2025. I want to change my status to H4 on my partner's approved H1B. The H1b is in processing for extension Sept 2024 (receipt notice received, pending approval notice).
#1 - Can we apply for my change of status while approval is pending? Will H4 have the same expiration as H1B after extension?
#2 - If I quit school after 1 semester on F1-CPT, do I still get a 60 days grace period to stay in the US?
#3 - If no grace period is available, can we do change of status to B1 instead? What is a faster option to stay back for a couple of months H4 or B1?
What do you think is the best option for my case?

Thank you in advance!

 

[rutulmehta2211]

Travel on H-1B Visa

Dear Rajiv Sir,

I’ve been on an H1B visa since October 2023. I traveled to my home country in March 2024 for my wedding and had my visa stamped in April. Then I was planning to come back in the second week of June right after my wedding. Unfortunately, a medical emergency required me to extend my leave, which my employer approved. However, they mentioned since you are on leave for an extended period, we can not assign any new project. and only 1-2 payrolls could be possible to run upon my return (have some outstanding PTOs from last year).

I’ve now recovered from surgery and am considering my options. I have a few questions:

1. How long can I stay outside the USA on unpaid leave?
2. Would you recommend finding a client or employer before returning, or should I return as soon as possible?
3. Could limited payrolls (1 or 2) upon return cause issues during an H1B transfer?
4. Is there anything specific I should do to secure a smooth port of entry, given my extended absence and medical situation?

I have all the necessary medical reports and bills to substantiate my case.

Thank you for your guidance.

 

[AkhilS]

EB-2 and I-140 approval

Hello Rajeev ji,
I hope you are doing well!

My EB2 I-140 was approved at the end of June 2024, and I understand that I need to wait until January 2025 (180 days) before considering a change of employer. However, I have a few questions:

- If I switch employer before completing the 180 days from the I-140 approval date and my current employer does not revoke the I-140, could this cause any issues in the future? Will I be able to retain my current priority date, considering the I-140 wasn’t revoked, even though I switched employer within 3-4 months of approval?

- I have already completed more than 3 years on my H-1B in the US. If I switch employer within 180 days of the I-140 approval, and the new employer files for an H-1B transfer, will the new H-1B automatically be granted for 3 years due to the I-140 approval? Or will the new H-1B expire on my H-1B max-out date, requiring an extension to be filed later?

Thank you for your guidance and I appreciate your help.

 

[josam]

Eligible to apply for citizenship?
Rajeev ji,

I have been living in the USA since August 2007 (17 years in total).

Aug 2007-Oct 2009 - On F1 Visa (approx. 2 years)
Oct 2009 - August 2022 - On H1B Visa (approx. 13 years)
Aug 2022 - To date - On Green Card (2 years)

Can I apply for Citizenship now?

Thank you very much for your time and guidance.

 

[kJ26]

Parallel COS application timeline from H-1 to F2 Visa

Hello Rajiv sir,

I am on the H4 visa. The H1B grace period for my husband will end on December 24.
I have decided to go to school and apply for COS from H4 to F1 and my husband will apply for COS from H1 to F2. This is how he will earn more time to find a job.

Since the grace period for my husband ends in December-24, I plan to get admitted and apply for COS (H4 to F1) before December.

I am hoping I will get the admission in January 25 intake but if I don't make it (to the reputed university) in January and take the admission next Fall August 25 intake then can I apply for COS before December 24 (around 8 months prior to the actual school start date)?

I also wanted to know the parallel COS application timeline for my husband (H1 to F2).

Thank you for your guidance.

 

[AsimKhalil]

H-1B transfer to new employer

Hi Rajiv

The new employer has started an H1B transfer for me while maintaining the same end client. The LCA provided by the new employer lists the client’s name and my home address as the location for remote work, indicating a third-party placement.

The LCA approved by the previous employer did not specify any particular client and indicated no third-party placements. Initially, I worked on in-house tasks for a few months before being assigned to the remote end client. Throughout this period working with previous employer,

-> The work location remained the same for both company tasks and end client projects.
-> No Change in salary, designation, and roles and responsibilities

Will it create any problem in H1B Transfer to new employer?

 

[Ringsingh]

H-4 and EAD, automatic EAD extension

Hello Rajiv Ji,

I am on H1 and wife is on H4EAD and both statuses are valid till November 2025. I don’t think my employer is interested in filing my H1 extension in premium. I am interested in finding out possibilities of below points:

1. Can H4 and EAD be filed while H1 is filed but not yet approved?
2. Can her EAD be filed when H1 and H4 are filed but not yet approved?
3. Who can qualify for 540 days automatic EAD (for H4EAD) extension as there is a date ranging from April8th 2024 to September 30th 2025 on USCIS website?

Best Regards
Rajeev Singh