April 02 2015, Video Recording Available for Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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Rajiv Khanna, US Immigration Attorney, hosts a Free Community Conference Call for all of you, every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions, Dial in No: (202)800-8394. Everyone, whether or not a member of discussion forums, is welcome to call in and ask questions or just listen live or listen to the recording for the call posted at the end of the day. Note that we answer posted questions and follow ups first.

Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
CALL DATE: April 02, 2015
NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.
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FAQ Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:

1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?

2. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?

Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) In such cases Processing time is also much less.

Lastly if my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period.

Thank you,
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I have filed immigration file for my brother who is living in India in 2005 April. My brother has two daughters who are three years and ten years old when I filed their petition. Our I-130 file is approved in 2009.

As of today, priority date is for F4 category is March 2002 and still takes few years to becomes current.
I am fearing that when priority date becomes current, his one daughter would be more then 21 years old and my other friend has similar case , when his brother came, his one of the son was more then 21 years old, but he contacted one attorney and filed case of aging out son. When he contacted attorney, he calculated that my bother should get 4 more gross year as petition file date and petition approved date has four years difference.
Can you

pl. guild us how to proceed on my brother case ??
Hello Rajiv ji,
I have been on F1 and then H1-B in US since 2006 in US. My sister has been to US on a tourist visa 4 times. We applied for F1 for her which was rejected twice with no apparent reason given. It was done outside of US and not change in status here. After rejections she visited US once and left on time. She has never over stayed. Her tourist visa expired last December and we are planning to apply for renewal of her visa. Per the website we cannot go for drop box and she has F1 rejections. Question is what are her chances of getting tourist visa again, she is working in India now, does that help? Anything we can do to increase her chances of getting tourist visa. Thanks for your help in advance.
FAQ: H-1 Receiving Payments for Past Work/Bonus (1099)
Hello Rajiv sir,

I worked for ABC company for last 3 years. They extended my H1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H1B too. At the same year, ABC company was sold to another company. ABC company decided to give bonus to its current and formal employees. I got a bonus check from ABC company. Since, I was not on their payroll they issued me a 1099 misc form for tax purposes for this tax year. My understanding is H1B employee can file only W2 form with current employee. If I file my tax with this 1099 misc form from ABC company? Am I violating the H1B rules?

Please advice,

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Hi Sir,
I have a approved I-140 and have filed my I-485 . I am still on my H1-B which is going to expire Dec 2015. The last time I filed my H1B extension was in 2013 when I was working for a client in Texas ( used Texas client letter for the extension).
Right now I am working for a client in VA. I am planning to go for stamping to India next month. Do I need to file amendment for my current H1B with the new client in VA and go for stamping ? Or can I still go for stamping with my current H1B which is valid till Dec 2015. Also I do have Adavance Parole. So do you suggest me to visit and come back to US using AP and then apply for amendment of H1B through the same employer ?
Dear Sir,
I am on H1B visa sponsored through a consulting firm and it is expiring on March 31, 2015. The Employer has applied for H1B extension in February 2015 and USCIS has sent an RFE to prove the work requirement for visa requested period (from Apr 1st 2015 to March 31st 2018). In my employment structure (notified to USCIS), it is my employer company, BAE systems as the vendor and Department of labor as the client. My current task assignment is until April 30th 2015 at the client and so there were no dates mentioned in the work orders/assignment letters sent to USCIS in the H1B extension documents because my employer has requested for a three year extension of H1B status. Now for vendor and client to support me with additional documents to respond to the RFE, they advise me to wait until April 15th so that the work assignments gets signed off for the next five years only after which they can issue documents to my employer firm to demonstrate the work requirement for the requested period of visa extension. I am totally ok to wait (not reply to RFE yet) until the next contract gets signed off in April as I have been given time (by USCIS) to reply to RFE on or before May 21, 2015.

My issue is, apart from BAE systems there are other vendors competing for the same contract in which I am serving at DOL. DOL team has advised me that I will be retained on the contract regardless of whether the contract is run by BAE Systems or some other vendor. On April 15th, if the current vendor is awarded with the contract, I have no issues but if the contract is awarded to other vendors, how complicated or feasible it is to reply to the RFE? My work address and work does not change and the employer company will be the same. In that case does USCIS accept the explaination (established through documents) in RFE that, the vendor has changed but the government client where I am working is same? Please advise

Many Thanks
Hello Mr. Rajivji,

Based on your discussion on AC21 in the last conference call, I understand there is is no clear definition of what constitutes "same or similar" job. But, I understand the USCIS adjudicator will consider the following factors including (1) Compare job description presented in I-140; (2) Compare DOT code and/or SOC code assigned to the I-140 to judge whether the new employment is the same or similar occupational classification; and (3) Compare Wage.

From information I gathered, I learned significant difference in wages could create problem in I-485 evaluation. My question is - based on your experience, how much difference in wages is considered significant. If the new wage is 20 to 30k more than the previous wage, will it be a problem even if the new job meets the first two requirements. Appreciate your opinion on this.

Thank you for your time and apologize for any inconvenience.


Registered Users (C)
Here is my question.
I have been a resident since 2008, through marriage to an american citizen.
The marriage was from 2004 to 2013. My green card was not conditional.
in 2013 i remarried to another american citizen and we are still together.
i fit in the 5 yr rule because i have 27 months out of the past 5 yrs.
I have never left for more than a year since i got the gc, however, i have only started maintaining my residency in 2012. in other words, between 2008-2012 i have only been in the us about a month a year, but since 2012 i have gained 27 months with no trips longer then six months...
Sorry about all the details but i thought they might be important. Looking forward to the conference call.

I got married last year and my wife is still in India and never been to US before. She recently got admitted into a Business school and planning to attend this fall 2015 (Orientation start date Aug 14th 2015).

Questions I have:

1) I would like her to enter United States as a student (F1) instead of H4. Will there be any issues at the visa interview since I am on H1B ?
2) If she didn’t get her F1 visa, can she apply right away for H4 visa ? or does she need to wait?

My details:

I am on H1-B since 2010 and I have an approved I-140.

Please advise.
Hello Rajiv Ji
My wife is a US citizen and has applied for I 130 for me which has been approved. Since I am doing my j1 waiver We intend to apply for 485 after the waiver is completed in June. She is a housewife now with young kids and not working for 3 years. My question is how does she fill form 864 as I am the only one working in the family ? I looked at form 864 a as well, will she need someone else to sponsor me ?

Truly appreciate your help.


Hello Rajiv,

My question is about applying for US naturalization from outside the US.

I am a US citizen by birth and Canadian permanent resident through my husband. My husband and my 3 teenage stepchildren are Canadian citizens by birth and US permanent residents through me. They have all been permanent residents for 3 years and my husband and I have been married and living together all of that time.

In June 2014, me, my husband and our 3 year old biological son (a dual US/Canadian citizen) relocated to Canada. We are living in Canada because my husband couldn't find a job in the US, but was able to get a job in Canada. His job is not US affiliated or religious, so (as I understand) he is not entitled to apply for N-470 to maintain his permanent residency for the purpose of naturalization.

My stepchildren continue to live in the US and my husband pays child support and visits them regularly. We are coming upon the 1 year mark of my husband being absent from the US and we would like to apply for naturalization for him because we want to have the option of going back to the US if he is able to get a job there. We would also like for my stepchildren to become citizens through my husband.

Basically, we do not want my husband to lose his legal status and work authorization in the US because we would like to go back to be closer to my stepchildren. Can we apply for naturalization while living outside the US? If so, is it best to mail the application from inside the US? We live in Vancouver and are 30 minutes from the border. We could get a US PO box to use as a mailing address if that would help. We could also use the address of our friend and former neighbor where my husband stays when he visits my stepchildren as a mailing address if that would help.

If you would please advise us on this, we would greatly appreciate it. Thank you, and we're looking forward to the conference call.

Hello Rajivji,

Here is my question:

I have an approved I-140 (485 has not been filed yet since priority date is not current yet) with an employer. There is a new opportunity in the same company (same employer) and in the same department (Job category is same). It is just that I will be supervising few people in the new position in addition to other responsibilities which are more or less same as in my current position for which I-140 was approved. Could you please describe how much job duties and requirements need to be similar so that I don't have to restart my PERM process all together. Is it true that if 50% job duties of the new position is same as the old position then PERM process does not have to be started all over again.

Your response will be truly appreciated.


Ajay Garg
Hello Rajiv

Can H4 visa holder travel outside of the US after applying for H4-EAD but the application is still in process and EAD is not received ?
Is there a finger printing step in this process and is that something that can be done once returning back to US or can it be scheduled ?

Hi Rajiv Ji,

Thx allot for your community service.

I have a question about filing AC21. My perm was approved with a sal of 192k(all inclusive) from consulting company A in SFO,CA and i have applied for I-485 and i have EAD. I found a full time employment at a client location Mooresville, NC, the offer from the client is about 110k (all inclusive). all other job descriptions and every thing is matching. however, i see that the sal part has huge difference, if i accept this offer, will this be a good fit for AC21. (I understand that the cost of living in SFO is much higher than a small town morresville, NC ). If it not a good fit, any rough estimates for a B grade city

Thx allot
Hi Rajiv,
I am a permanent resident of US and have received my Green card under employment based EB2 category as Primary applicant about 20 months ago. My wife who was secondary applicant has also received her green card.
My question is can my wife stay out of USA for more than 6 months (say 9 months in year 2015) without jeopardizing Green card status and also avoiding any problems/hassles when we go for naturalization?
I will highly appreciate your suggestion and guidance on the same.


Registered Users (C)
Hello Rajivji,
My spouse is a Green card holder and will be applying for a Rentry permit( 2 years) and staying in India to take care of her father .
During her stay in India can she work in India? Would it cause any issues?
Thank you.


New Member
Dear Rajiv,
Thank you for your time and effort in answering the questions that the community has. I had a few questions on the H4 EAD rules. My spouse will be eligible to apply for EAD for H4 on May 25, 2015. However, we plan to visit India during summer vacations, and therefore have the following questions. I know that many of these issues are spelled out in the rules notification, but I assume that the rules would be similar to a normal EAD.
1. Can she apply for H4 after she returns from India? Or is the H4 EAD open only for a small l limited time window?
2. Can she apply for the EAD in May, and then leave for India while her EAD application is pending? If the H4 EAD rules do not clarify that, what are the rules for the normal EAD?

Thank You
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