Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
New Entrepreneur Resources Available on USCIS Website
Release Date
U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizen entrepreneurs to work in the United States. This guide also highlights some of the most important immigration-related considerations for entrepreneurs contemplating starting or managing a business in the United States.
New pages:
NIW: Porting priority date
Question details
Hello, Let me start with my question: Is it possible to port priority date from an existing employer sponsored EB2 petition to a new EB2 NIW petition ? I am an Indian citizen with a masters degree in Electrical Engineering from Univ. of Maryland College Park. I have a pending EB2 petition (approved I140) through my employer but am also exploring a self petitioned EB2 NIW application in parallel. I would like to understand if the earlier priority date from my employer sponsored petition can be ported to the NIW petition, if approved. Please advise. Thank You Mathew
Yes. You can port the PD.
H-4 visa dependent children change of status to F-1 before 21
Question details
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
FAQ Transcript
- She needs to file for a change of status before she turns 21.
- I believe it is two full semesters one academic year, double check that with the DSO.
Can H-4 EAD start a Business in any State? Can a relative's company file H-1B?
Question details
Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?
Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?
FAQ Transcript
It can be done, but H-1B is not complicated that's absolutely straightforward.
Can H-4 visa (no EAD) holders take an unpaid internship?
Question details
I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
FAQ Transcript
Sure. I don't see any problem for you, the employer should watch out for themselves.
FAQ: Multiple companies applying for H-1B Cap registration - H-1B lottery
Question details
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
FAQ Transcript
When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.
Criteria for national interest waiver || NIW for physical therapists
Question details
I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
FAQ Transcript
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
Guestbook Entry for RAVI KUMAR GEDELA, United States
Name
RAVI KUMAR GEDELA
Country
United States
State
Virginia
I wanted to say thank you Law Offices of Rajiv S. Khanna, P.C. for helping us with EB1A based immigration. The professionalism, constant guidance, and experience in dealing with attorney Rajiv and senior paralegal Diane is just commendable. Based on our experience, Rajiv is an expert in US immigration and his fact-based insights are very helpful to make informed decision.
1. The best part is that the initial assessment is FREE of charge unlike many law firms. This will help any one to take a decision based on his initial consultation. 2. Once Attorney Rajiv ji advises to move forward, he will spend enough time along with Diane to gather, conduct in depth analysis, validates against the criteria of USCIS and provide honest advice in the interest of time and cost involved. 3. Diane has drafted the petition amazingly with minute details and corresponding evidence, honestly, we were very impressed with the detailed work.
Thank you so much for your constant guidance, professional updates to the petition and continued support through out the I-140 process.