May 5, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I came to the US in Aug 2015. Completed masters in 2017. Started OPT on 07/2017. When applying for OPT EAD I joined employer AZTech Technologies. I joined as an intern and was there for like 4 months. He responded for 2 months during training, after a couple of months employer did not respond at all. I got a doubt and found another job and moved to a different company. Later I got an H1B and I 140 approved. I am planning to go to India this August 2023. Recently I found out through social media that the company I joined in the initial stage of OPT EAD was a black listed company. Most people who joined those similar companies' visas got rejected when they went for stamping. I am going for H1B stamping. Will there be a problem in my case? Could you please advise me in this case? In an emergency situation, I need to go to India. I heard from some friends and social media groups out of my research that I can go get stamping done in other countries and then travel to India and can be back to the US.
Firstly, it is crucial to be truthful and transparent about your employment history. Attempting to hide or misrepresent any information can have serious consequences. If there is misrepresentation in your background, it is possible that you may be barred from entering the United States permanently. Unfortunately, there may not be much we can do to change that outcome.
It is advisable to consult with an immigration attorney who can assess your specific circumstances and provide personalized advice based on the current immigration laws and regulations.
I moved to the USA to pursue my Master's in IT. Unfortunately, I have recently been affected by mass layoffs in the tech industry, leaving me with only 30 days to extend my stay in the country to address household responsibilities and potentially secure a full-time job.
I have researched a few options for extending my stay and would greatly appreciate your guidance on these alternatives:
1) Apply for a B2 visa promptly: This option would allow me to remain in the country for an additional six months (until July or August) and continue my job search.
2) Enroll in a community college and obtain an I-20: Many community colleges do not require GRE or TOEFL scores, and their Fall semester usually begins in mid-August. This cost-effective choice would give me time until December, and I could transfer any earned credits to a university if needed.
3) If more time is required, I could join a university in the Spring semester and transfer my community college credits. However, I understand that applying for an MS or PhD program would necessitate a direct application to the university.
If you are facing a layoff as an international student pursuing a Master's in IT and seeking to extend your stay in the US, there are several options available. One option is to apply for a B-1/B-2 visa. Please visit Rajiv’s blog at immigration.com for more information.
Another option is to enroll in a community college and obtain an I-20. This can provide you with additional time in the US. If more time is required, you could consider joining a university in the spring semester.
Curricular Practical Training (CPT) is another option to explore. There is another blog entry specifically discussing CPT, which you should read for more information. Additionally, there is an option to secure a quota exempt job. Our website features frequently asked questions that address quota exempt jobs, so be sure to review them.
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:
How soon must I depart from the US?
What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?
Can I sell my house and withdraw the money before leaving the US?
If you are convicted, which implies involvement in a criminal case, you will be unable to leave the U.S. without serving your sentence. If you receive a jail term of six months, one year, or five years (or any other duration), you must complete that period before departing. The timeline for your departure depends on the current status of your case. It is not advisable to stay in the U.S. illegally, considering that you are already facing the worst outcome—a permanent ban from entering the U.S. Overstaying by an additional six or eight months would result in an additional bar of three to five years on top of the existing permanent ban of three to ten years. As for your assets, unless there is some form of asset forfeiture, you can take your money and sell your house before leaving.
I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.
Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?
If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?
It is recommended to maintain the H-1, H-4, L-1, L-2, etc., statuses because it provides an additional layer of protection in case of any government errors or complications with the I-485 situation. If, for any reason, the government mistakenly or intentionally targets your I-485 application, having an H-1B to fall back on can be advantageous. The H-1B status remains intact and offers continued benefits.
On the other hand, the EAD (Employment Authorization Document), unlike H-1B, grants you the freedom to choose whether to work, not work, work multiple jobs, or even start your own business. However, there are certain limitations to consider. Interestingly, the derivative beneficiary, which refers to your spouse, may have more rights under the EAD compared to your own. It's important to exercise caution and be mindful of these distinctions.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?
How easy it is to get a B1/B2 to find a job after a layoff.
If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
Quotes and Excerpts from Rajiv in the article:
Quotes and Excerpts from Rajiv in the article:
Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump's misinterpretation. "
I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.
My friend’s concern now is twofold:
1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?
2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?
If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate. For detailed scenarios and advice, refer to the video.
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
I see the following new note on my Most Recent I-94 Results. Is this normal?
Note to employers, local, state, or federal agencies granting benefits:
Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.
While this is a new update, it seems routine and not a cause for concern.
Topics Discussed:
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