Guestbook Entry for Prakash Swami , United States
Name
Prakash Swami
Country
United States
State
Florida
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Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv : What are the risks involved in renewing F1 visa in another country?
Published by: The Economic Times: August 01, 2022
Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.
Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
Read more by clicking the link below or the pdf attachment.
Potential conflict between employment in India and F-1 visa status
Question details
I am currently working at a company in India. I am eligible to claim Employee Stock Option (ESOPS) on 17th August 2022. However, I will be landing in Dallas, USA on 10th August on F-1 Visa (For Fall 22). The company will still offer those ESOPs, but the official relieving date will be on 17th August. From 9th August onwards till 17th August, I will be on Loss of Pay Leave i.e (unpaid leave). I am worried that situation would create a conflict with my F-1 visa status.
1. I want to know whether this is legal as I will be employed at a company in India for 7 days after arrival in the U.S. on an F-1 visa.
2. Whether this will cause problems in future when I apply for OPT or H-1B or even EB-3 as my previous employment end date is 7 days after arrival in the U.S.?
1. It appears that you are getting a benefit based on the work you have already done. You will NOT be performing any "new" work for the Indian company.
2. I do not see this as an issue.
FAQ Transcript
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Recording of Aug 4, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics
FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||
Naturalization issues when one continues to work with the new employer on GC instead of joining back the old employer
Question details
1. My previous employer applied for my GC and it just got approved on 07/15/2022.
(a): I have EB3 and EB2 I-140 approved from the same employer.
(b): Filed 485 based on EB3 priority date and received EAD and AP.
(c): No interfiling done to move from EB3 to EB2 and GC got approved.
2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far.
Q: Can I continue to work with my new employer using my GC instead of H-1B?
FAQ Transcript
You can, but you should join the sponsoring employer within a commercially reasonable time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
PhD students and eligibility for EB-2 NIW and working on F-1 OPT
Question details
1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
FAQ Transcript
Sure, you can apply for any of these green cards while you are still a student.
Please go through my article in The Economic Times:
NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Dear Mr. Rajiv S. Khanna,
You and your Team has worked tremendous for me getting green card with in 2 years. Dol - 16 months I-140/I-485 = 8 months
I applied my (EB3) State Labor Cert (FL) on 01-2003 AD 03-2003
Dol (AL) on 04-2003 AD 05-2004
I-140/I-485 (Concurrent -TX) on 08/30/2004 AD 01/25/2005
EAD AD 09/27/2005
FP done on 04/07/2005 ( Local Jacksonville Office)
I-485 AD 04/25/2005
(1. I-140 Ref (01/24/2005) - by phone directly to my Attorney proof of my master degree
(Attn. Mathew Chacko immediately responded and sent the fax copy ) Next day I got the approval. This is really tremendous work.
I like to say some other people in your team Subha, Prerna, Hellen.
I140/I485 - assigned my case to Hellen, She is the real professional and very very helping and good customer service.
So for I requested lot of question about my case, she responded with detailed information with in the sane business day.
Hellen - really you done a good job also one of the best in the Rajiv's team.
Finally I thanks to every one on Rajiv's Team where doing the great job to the people for getting H1B & GreenCard faster.
Thanks