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Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
March 3, 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 Blog: http://www.immigration.com/blogs
Recording for April 06, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
USCIS Issues Policy Guidance Regarding the 2-Year Foreign Residence Requirement for the J Nonimmigrant Classification
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance (PDF, 275.62 KB) in the USCIS Policy Manual regarding the 2-year foreign residence requirement for the nonimmigrant exchange visitor (J) classification.
Recording for January 19, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
WRD (Waiver Review Division) and Waiver Application Issues
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
USCIS publishes Executive Summary Of J-1 Exchange Visitor Waiver Teleconference
USCIS executive summary from the 11/2/11 teleconference regarding the adjudication of J-1 Exchange Visitor waivers of the two-year foreign residence requirement.
Guestbook Entry for A Singh, United States
Guestbook Entry for Raghava, United States
Guestbook Entry for John, United States
F-1 visa stamping and stamping in third-country; Automatic Visa Revalidation (AVR)
I am in the US with an approved COS from B2 to F1, so my F1 visa is yet to be stamped on my (Indian)Passport.
1. My STEM masters program is for 9 months, and my I20 has a start and end date of 2 years(2026). Do I have to stamp before the end of 2 years to avail myself of the OPT and STEM validity?
2.I might have to visit a family member in Canada sometime in mid-2025 after my master's program has started. Is it advisable to go to Canada since I do not have the F1 stamped on my Visa? If I can visit, then will I require a different visa?
3. Is it possible for me to schedule my F1 Visa stamping in Canada during the visit? Or would you advise something different here? Or is it better to get it stamped in Mexico?
If you are on an F-1 visa converted from B-2, your visa stamp is only necessary if you plan to travel outside the U.S. While in the U.S., your status is governed by your I-94, which typically says "DS" (duration of status) and remains valid as long as you maintain your student status.
If traveling briefly to Canada or Mexico for under 30 days, you can use Automatic Visa Revalidation (AVR) to return without a visa stamp, provided you haven’t applied for and been refused a visa during your visit. Scheduling visa stamping in Canada is risky—if denied, you lose AVR eligibility and must return to India to reapply.
Can L-1A holders or applicants also apply for the H-1B lottery?
I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.
Can I also participate in the upcoming H1B lottery?
Would applying for the H1B affect my L1A petition?
Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?
Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.
Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.
J-1 Visa Waivers for Physicians to Work in Medically Underserved Areas
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
Profession/Occupation
J-1 Visa Waivers for Physicians to Work in Medically Underserved Areas
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
Nonimmigrant Visas
Profession/Occupation
H-1B Grace Period Related Issues
I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
1. Sure. If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.
2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2.
DOS Announces New Website For J-1 Visa Program
Media Note
Office of the Spokesman Washington, DC
May 25, 2011
Also available in Russian
On June 1 the State Department’s Bureau of Educational and Cultural Affairs (ECA) will launch a new J-1 Visa Exchange Visitor Program website.
Recording for March 14, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
DOS Publishes QAs On New Regulations For J-1 Visa Summer Work Travel
New Regulations for J-1 Visa - Summer Work Travel
Taken Question Office of the Spokesperson Washington, DC
Q: Please provide details on the specific aspects of the new regulations for J-1 visas. What is the intention of these new regulations? Are we confident that these new regulations will protect recipients from abuse?
A: The Summer Work Travel (SWT) program has provided thousands of international college and university students an opportunity to visit the United States and experience the American people and culture firsthand.
USCIS Program Extension Alert
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
- E-Verify
- Immigrant Investor (EB-5) Pilot Program
- Special immigrant visa category for non-minister special immigrant religious workers
- The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.
Program Details
Recording for September 26, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria