Guestbook Entry for RM, United States
Name
RM
Country
United States
State
NY
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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
NIW Criteria
Question details
I am currently doing my bachelor's in Computer Science outside the US, my goal is to work in an industry that generally doesn't sponsor visas. I was born in Canada, so just a ROW backlog. Since I can't rely on anyone sponsoring H1B or even TN(also not a TN classified job), I will need a green card before working in the industry.
I'm wondering how difficult it is to get an EB2-NIW with just a bachelor's (exceptional ability), can you explain the process and criteria for this if possible?
My field is adjacent to AI/ML right now I'm doing an internship as an Undergraduate research assistant and by the end, I should have 6 internships (not sure if this helps). The criteria I'm going for (obviously just a guess right now) I'm planning to get a few certifications for AI/ML (from reputable organizations).
I will have a degree in the field. I'm already a member of a few organizations in my field. I can get my professors, managers during my internships and other peers, to write recommendation letters for me.
Can you provide some context as to what they are looking for in this category and it would be great if you could give some recommendations on what I can do to build a solid case. I'm already a member of a few organizations in my field (eg: IEEE and BCS)
FAQ Transcript
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Question details
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?
FAQ Transcript
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 want to Thank Rajiv ji and his team for the invaluable services they provide. While maneuvering the arduous process of immigration, most immigrants need an attorney who understands their concerns and has no qualms in going above and beyond the business relationship. Mr. Khanna and his team do just that..... Go above and beyond. I had burnt my fingers with a law firm in NY, and I had become cynical about the whole process and about the abject indifference some law firms have towards their clients. I consider myself extremely fortunate to have come in contact with Rajiv ji. The best part of Mr. Rajiv khanna's Team is that it comprises of like minded, highly professional, and empathetic individuals. Rena, Anna, Sumanji, And Jagbir took care of my case as if it were one of their own. I want to express my heartfelt gratitude for all their sincere efforts and formidable support. Thier professionalism coupled with empathetic attitude is a perfect antidote to the challenges one has to endure during the immigration process. I strongly recommend Mr. Rajiv Khanna and his stellar team. Thank You, Thank You, Thank You. Sincerely, RM.