Search
Recording for January 4, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, January 04, 2024
FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer
Recording for January 18, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:
1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?
2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?
3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?
4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?
With an approved EB-2 NIW, even if you work in India in an unrelated job, you can still collect your green card as long as you intend to work in the field for which you got the NIW when you arrive in the US. Additionally, you can apply for an EB-1 and transfer the priority date from NIW to EB-1. Starting a business during the EB-2 NIW process depends on various factors, but there's no interim visa except for limited options like entrepreneurial parole. However, potential changes in H-1B regulations for entrepreneurs could provide extended H-1B options and the ability to work for your own business. Spouses can start working on H-4 once the NIW is approved and the H-4 EAD application is filed, as the NIW I-140 petition approval doesn't require a visa.
I had a brief telephone conversation with Mr. Khanna. He had reviewed my credentials prior to the appointment, seemed to be very knowledgeable regarding the subject matter and provided me with several options and alternatives. I would recommend his expertise to everyone.