Recording of July 21, 2022 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Discussion Topics, Thursday, July 21, 2022:
Discussion Topics, Thursday, July 21, 2022:
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
Discussion Topics, Thursday, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
Discussion Topics:
FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
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Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
US travel ban: NRI Helpdesk: Can IR-5 immigrant visa holders travel to US despite travel ban? - The Economic Times
Published by: The Economic Times - Date: May 10, 2021
Synopsis
To protect yourselves, carry evidence that your extension application was timely filed and you left because you had an urgent need to do so. Also, take a screenshot or printout of the FAQ on the CBP website: “How can I extend my stay while in the United States?
For more on this article please see the attachment below.
This is about the experience renewing my parents visa.
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Discussion Topics, Thursday, 22 September 2016:
FAQ: Effect of divorce on employment-based immigration; Can a student on F-1 visa apply for a green card?
Other: Changing jobs after I-140 approval; Gap in H-1 traveling outside USA with I-485 AOS pending; H-1 staying in India and receiving US pay; L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment; Rent/lease problems effect on naturalization/citizenship; Re-entering USA with just a few days remaining on H-1 visa/extension applied; Green card times; Reopening and denial of an H-4/EAD; Working on EAD; H-4 volunteering to gain CPA experience; H-1 visa stamping; H-1 cap exemption; H-1 visa stamping - job titles and salary conflict; I-94 problems; Changing jobs after I-140 approval; H-1B visa stamping; Status problems for a nurse
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
Radio Show Discussing Overview of the new I-140 EAD Regulations
Discussing I-140 EAD FAQ in community conference call
Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
The H-1 quota cuts down 50% or more applications each year. Legally, employees of foreign companies or entities can try and obtain B-1 visa in lieu of H-1 visas as long as they fulfill the following criteria outlined by the US Department of State.
Each intended B-1 (in lieu of H-1) entrant must:
1. Hold the equivalent of a U.S. bachelor's degree
2. Plan to perform H-1B-caliber work or training
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;
FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.
Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.
Discussion Topics, Thursday, 23 February 2017:
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.
Discussion Topics, Thursday, 9 March 2017:
FAQ: Revoke H-4 EAD regulation; Joining a company other than green card sponsor; staying abroad after green card - reentry permit; Green card holder staying abroad for more than 6 months; Medical problems/diseases that can cause issues in green card; Impact of the new I-140 regulations; Physician FMG applying for Cap H-1 through a cap exempt employer; Compelling circumstances EAD.
How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J;
Other: Correcting errors on I-140 approval; Revocation of I-140 and approval of H-1 extension; H-1 converting to B-1/B-2; Green card staying outside the USA for more than 6 months; Changing jobs after I-140 approval - priority date; H-1 extension when I-140 is denied, H-4 EAD, etc; Filling for N-400; I-130 returned to USCIS by consulate; Compelling circumstances EAD for child being sick; CSPA in family-based applications; etc.