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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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Citizenship and Naturalization

Nonimmigrant Visas

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Green Card

Rajiv in Q&A webinar with NAAIS ( North American Association of Indian Students) - Students, OPT, CPT

4 years ago By Chief Editor
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March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

4 years ago By Chief Editor

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Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video


Discussion Topics, Thursday, 04 March 2021:

 

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job? 


Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status  || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3  || Documents required for parents GC  || Spouses changing from EB-2 to EB-3 with a new law firm and service center  || Maintaining status  || Impact of H-4 EAD expiring on spouses  || Time estimate for pending asylum review  || Impact of moving to a new office branch with AOS pending  || Parent on I-140: Impact on 19-year-old son and CSPA  ||  Green Card through Brother or Sister

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.

Doing business on AOS EAD and on H-4 EAD/extension

3 years ago By Chief Editor
Question details

1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?

2. I know, someone on H4 EAD can he start a business? 
 

FAQ Transcript

1. If you are the primary applicant of an adjustment of status application you could do the business on the side, but if you take it up completely as your profession, then the job must be same or similar in other words you are trying to do your green card Supplement J through your own business if that's not your intention then you must have a full-time job and you can do the business on the side. Form I-9 is an internal form. It does not get submitted anywhere.

2. Yes he can start the business.

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.

Guestbook Entry for kanhai lal sah, United States

12 years ago By Anonymous (not verified)
Name
kanhai lal sah
Country
United States
State
Utah
Comment

I can thank Mr Rajiv Khanna million times for what nature of practice his firm has. I still have an intangible immigrational problem in US, having business there and not able to go, son is suffering with illness but able to go, very confussed, looking all around for any kind of help. Most of the law firm wanted to get the money before even talking. But when we contacted Mr Khanna's firm, without creating any hurddles, confirmed my personal conference with him and guided me to right direction to try and given me hope to come back again. That was his incredible sevices ever any body can immagine.

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.

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