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Recording for March 20, 2025, Conference Call with Rajiv S. Khanna

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Mother's I-485 pending: Advance parole for travel to India - Will it affect filing? || Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada || Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity || F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing || Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas? || K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole || K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence ||H-1B transfer approved - How long until payroll must start? What are my options?

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Immigration.com

Rajiv S. Khanna Featured on ET Podcast Discussing Trump's 'Gold Card' Immigration Policy

Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.

H-1B working remotely from India

Question details

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?

 

Video URL
FAQ Transcript

No, your employer does not need you to be physically in the U.S. to apply for your H-1B extension. You can start the extension process up to six months before your H-1B expires, which means you can apply as early as March 2024 for a September 2025 expiration.

 

Visa Bulletin For April 2025

Number 1

Volume XI

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

Should I maintain my H-1B during I-485/AOS pendency?

Question details

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a 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.

 

Video URL
FAQ Transcript

You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.