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US Immigration, Rajiv in Q&A with Yudi (H-1B, CPT, OPT, Visa Ban, Citizenship​, Greencard)

4 years ago By Chief Editor

***President Biden has revoked the Trump Visa Ban IN RELATION TO GREEN CARD PROCESSING ONLY. It should be effective today, Feb 24, 2121. It might take a few days for this to be fully implemented, but the consulates will still operate under the COVID precautions needed locally.

***OPT Students. Rajiv has sent a letter based upon the difficulties he has been asked to address in the last two weeks.

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DUI and I-485 approval

3 years ago By Chief Editor
Question details

I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.

I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
 

FAQ Transcript

Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.

Answer 2. I think having an H-1B is a very good idea.

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Cap-exempt to cap-subject H-1

3 years ago By Chief Editor 2 comments
Question details

Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.

1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again? 
6. Can I start working with new employer while continuing my current employment?
 

FAQ Transcript

1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.

2. No.

3. Do not have the employer file an H-1B unless there is a specific project. 

4.  Yes that is still accurate.

5. The answer is yes, because you are carrying your priority date forward. 

6.  If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B. 

 

 

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

3 years ago By Chief Editor
Question details

1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

 

FAQ Transcript

1. As long as you have your OPT you can work for any employer.
2. No. 
3. Absolutely you can.
4.Yes, absolutely you can.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1B revoked by the USCIS - impact on Quota/lottery exemption

3 years ago By Chief Editor
Question details

I have question to related to H1B revocation and Cap exemption.

I am based in India and have never traveled to the US. Back in 2014, Employer A filed H1B for me. It got picked in the lottery, got approved for 3 years till August 2017. When I went for Visa stamping at Chennai consulate, I was given 221g and the case was sent back to USCIS and it got revoked in August 2017. ( about 3 years later of my H1B Approval)

Now I have an employer B who is ready to sponsor H1B. Am I eligible for cap exempt or should i go through the regular CAP quota? Earlier H1B can be used and transferred to my new employer?
 

FAQ Transcript

If an H-1B is revoked it gives you no benefit. You are back in quota. The moment it is revoked you have no benefit from that at all and if there is any kind of fraud allegation against you, you cannot come back to the United States at all. That's the permanent bar from entering the U.S with very few exemptions. 

 

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Will Duration of CPT Violate Status and Impact H-1B?

4 years ago By Chief Editor
Question details

I am pursuing my PhD from a well established accredited university in the USA for over 5 years. My PhD is likely to get over by Feb/March 2021. My PhD has a provision of doing day 1 CPT and I have been on CPT since my first semester ( Fall 2015) to date. My CPT is related to my area of PhD. My DSO has been regularly, updating every semester and endorsing my I-20 with my CPT details.
My questions are as follows:
1. Am I violating my status by doing this CPT?
2. Will this CPT for such a prolonged period impact my chances for an H-1B visa?

Answer 1. In my opinion, you are not violating your status. The USCIS interpretation of CPT is flawed. In my opinion, CPT should be available as long as the course requires. That is true even if the CPT goes on for several years.

Answer 2. In the worst-case scenario, if the government continues in their illegal interpretation of the CPT rules, they can make you go outside the United States for H-1B visa stamping. I do not see how the consulate can deny a visa on the grounds of using CPT. You have done everything by the book.

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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