April 16, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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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
NEXT CALL DATE: April 30, 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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Hi Rajiv,

I have viewed your videos and read your FAQ's and found them quite informative. Just wanted to thank you for supporting people by answering complex questions about immigration. Kudos to you!

I am currently on the 6th year of my H-1B visa with a valid visa stamp and it will be expiring on Sept 30, 2015. My company has previously filed I-140 under EB2 category and then and an amended I-140 due to change in legal employer name and both are approved. So I am eligible for 3 year H-1B extension based on approved I-140. I currently plan to stay with my employer at least for the next year.

I plan to travel to India in May-June time period for about 6 weeks. Should I travel to India and come back to USA on existing visa 3.5 months before it expires OR should I ask my employer to renew my H1-B under premium processing for another 3 years now, and assuming it will get approved, then travel to India and get a visa stamp on my passport? Which would be more preferable?

I want to validate two assumptions I had:
1) I can get the visa stamp using the dropbox procedure which I am eligible for since this is just an H1-B extension with same employer. I have heard that the risk of visa denial in dropbox procedure is less if all correct paperwork is submitted. Is that correct?

2) I work for quite a reputed U.S. based employer who has very few employees on H1-B and I have been approved twice in the past. Due to those reasons, I think the H1-B extension petition has less risk of being rejected. Is that correct?
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Hi Rajiv,

I am an Indian citizen Living in Canada. I will be getting my Canadian Citizenship in few months. I am an entrepreneur and have a registered businesses in Canada (past 7 years) and US (past 3 years in US). My business is filling tax returns.
I wanted to immigrate to US. What would be the best option for me?



New Member
1. I am currently on H4 and I had applied for H1 through employer A in February based on my approved I140 (I have completed 9 years on H1 before I had to come on H4 because of H1 extension denial). In March client of employer A backtracked on her offer, by that time we had also received an RFE. Now I went to another Employer (employer B) and they are filing for my H1-B visa now. My question is is this fine or will there be any issues because of an ongoing RFEd application by employer A. Is there anything to be done here in case of H1 application through employer A? - E.g. do I need to ask employer A to abandon my H1 filing or I can just ignore it and proceed with H1 filing by employer B. Do I need to mention about my previous RFEd filing in my application for the later H1 filing (through employer B)?

2. It is possible that while I am processing my H1 with employe B I may actually receive a job offer from employer C. Employer C is one of the hottest companies in USA today and I will have to go with them if they offer me a job. Now the question is, if my H1 with employer B is in process, can I still ask employer C to file my H1? Are there any issues which I should take care of? If in case my H1 with employer B is approved and I start working with them and then I get an offer from employer C, then can I transfer my H1 with employer B to C? Will there be any issues? What if I don’t have a paycheck from employer B yet?
Please let me know your advice. Thank you very much for your support through this QA session, it surely is a very valuable resource for us.
Hello Attorney Rajiv Khanna,
I am Kunal Patel. I am a Dentist in State of Connecticut.
I am on H1B visa. I want to inquire about investing in Targeted Employment Area for investment of $500000 by opening 2 or 3 Dental Offices.
I want to open dental practices in different towns of State of Connecticut (all in Targeted Employment Area) and create 10 employment and invest.
Is it possible to do so by having business in different towns? Does it have to be under 1 LLC or can it be under different LLCs?
If I invest $4,00,000 now and then $1,00,000 over 1-2 years from my income or other sources, is it an option?
For EB5, do we have to file Form I-526, before opening business or after opening business and investment is done?
Also What is current position for EB5 application for current fiscal year.
I will really appreciate if you can answer these questions and if this situation can work.
Thank you very much attorney Rajiv Khanna.
Kunal Patel
Hi Rajiv ji,

Thanks for all the help you are extending to community in this complicated Immigration world.

My name is Praveen and I need your guidance on Affidavit of Support for Family Based Adjustment of Status (I-485).
My Mother-in-law sponsored my wife (primary beneficiary) and our family in F3 category on Feb, 2004.

We moved to US in 2007. I am on H1b and my wife and kids are on H4 . I am working with Verizon (as full time) and we own our house in NJ.
Now since the dates are current for F3 (india) we are gathering our paperwork to file I-485 along with supporting documents.
My Mother-in-law is retired and she lives with her Son in Ohio, we would like to submit our adjustment of status papers our self.

Since My wife is primary beneficiary and I am co-beneficiary for this F3 petition, can I sponsor Affidavit of support for I-485 for our whole family?
If YES , then please advise which form we need to submit - I-864 or I-864w or is there any other form for this?

I have all my Tax returns since 2007 and can also provide other supporting documents for our financial independency to USICS.

In your opinion, how much estimated time USICS - Chicago Service center might take to send us Receipt notice and then interview call?

Please help and guide.

thanks again for all your help Rajiv ji.


FAQ: Requirements for Extension of H-1 beyond 6 years
Hi Rajiv,

I am looking for opportunities using the remainder option of my H1b. I have a year and half remaining out of six years.

Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:

1. What stage do I need to reach on my GC process when the remaining time on H1b ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?

Thanks a lot for your consideration.

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Dear Rajiv ji,

I have a total of 14 years experience out of which I have 10 years experience in India (2000 to 2010). I only have a B.Sc with GNIIT from NIIT. My company applied for GC in 2012 under EB2 as they said I am qualified for EB2 with more than 10 years experience. My PERM was approved in 2013 and they applied for I140 in the same year. I got an RFE in 2013 because the GNIIT was not recognized. Then my employer submitted the evaluation of my education and in early 2014 my I140 got denied. Even though I mentioned my employer that I do not have a master's degree and whether I am eligible for EB2 they said I am eligible and filed in EB2. Again in 2014 they filed an EB3 case and in the first quarter of 2015 my I140 was approved. My H1B duration (6 years) will be ending in 2016.

My employer did not provide me any receipt number of I140 or the approval copy. But I want to know whether I can apply for porting to EB2 with a total experience of 14 years which I have right now.

If yes what kind of questions should I post my employer.
Dear Rajivji,
My name is Rudra.
I was looking into option of EB5.
I want to see if investment by buying existing business and expanding by opening a different branches in other towns is an option to file for EB5 visa?
This will increase employement by 200% as new branch will require same number of new employees.
Thanks Rajivji for this good community services.
FAQ: In which country must I apply for a US visa?
Dear Rajiv Jee,
my name is harendra having H1b and an India National , I want to file h4 fro my wife who is a srilankan national with srilankan passport , living in India legally with my parents after marriage for the past three months, can she apply her H4 from India? or she needs to go back to her native country to apply ? is there any rule for spouse applying visa from primary applicant's country of residence?

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Registered Users (C)
Hi Rajiv,

I am on a EAD through my wife's I485. My current EAD was set to expire on March 21st 2015. I received the new EAD in February and noticed one alphabet was mis-spelled on my first name. I contacted USICS and they had me send the card back to them for correction. It was determined that it is a USCIS error and the new card was being expedited basis it was their error. However it has been over 3 weeks and I still don't have a card. I hab contacted USCIS thrice and they say it's being expedited but they are unable to provide a timeline.

My questions are:

1) My last EAD expired on Mar 21st. I have been working since then on my new EAD with the spelling error. Am I working without authorization? Can I work while I wait on my EAD error to be fixed?

2) Am I legal in the US right now? I entered on a H1B in 2011 when i was visiting abroad on a vacation. My H1B expired 2 years ago and I have been on my wife's EAD since then. I didn't leave the country since I entered in 2011. My status switched to EAD back in Sep 2013 and I have been on the EAD since then.

FAQ: How soon can I change employers after getting green card?
Hi Rajiv –

I got my green card base on EB2 category.

I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year july.

I want to change my employer. (New Employer offering similar salary as well as similar position )

1. Is there any legal issue Do I have to concern about this junction ? Since my status is PR.

2. I think this junction I am not bound for any employer

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Hello Rajiv,
We are having trouble getting Non availability of birth certificate for my father who is 78 y/old (my sister has applied for his GC - consular processing). Is NABC from his place of birth an absolute must or will just an affidavit from his cousin suffice?

Hello Rajiv,
I have a question about H1B and EB2. Both these visas are based on employment and the salary is predetermined. If the salary requirements are met as a full time employee (W-2), and the same employer would like to offer the employee an additional job as a contractor (1099) in addition to the full time job, is that ok to do that on H1B or EB2?

Also, How does USCIS make sure that the employer actually pays the salary that was predetermined and approved in the applicant? Do they require a copy of the W-2?


Dear Rajiv ji,

I overstayed on L1B visa by 5 months (around 160 days). My Visa and I94 are valid till end of 2015 but when I did the calculation I found that my total physical stay is already 5 years and 5 months. My company has applied GC under EB2 category (priority date Feb 6, 2013) and I140 is currently in progress under regular processing. Will it cause any problem to my GC application and future visas?

Thanks in advance!

FAQ: H-4 EAD COS pending; File green card while on H-4
Hello Rajiv ji,

I have question about H4 EAD rule. My H1-B visa was expired in April 6 2015 and I have applied for COS H1-H4 on March 09 2015 still waiting for approval.
1. Can I apply for H4-EAD on March 26 2015 even if my H4 COS is still pending ? Or I will have to wait till it get approved ?
2. My employer already filed my PERM and they are OK to come back with them on H4EAD. Can I apply for I-140 after H4EAD is approved ?
Is it ok if I will stay on H4EAD to continue processing of my GC ?

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Registered Users (C)
FAQ: H-4 EAD - Can we own our business? Do we have to run own payroll?
Good Afternoon Rajiv Ji,

I have 3 question one is for the H1b extension visa other two are for immigration reform H1b EAD and H4EAD

1. Two year back I was worked with Client A with Prefer vendor A and my H1b Extension was filled and approved with that client 3 years.. after 1 year I changed my to Client to B with different Prefer vendor B.. again Starting Jan I am back to the Client A but with the Prefer vendor C.. I have my H1b i797 until next year.. I am planning to to visit india and have visa stamp on my passport.. My employer alrealy filed the LCA on Jan .. but my employer need to file for amendment too..?will there be any issues or RFE chances...? I heard that there is a new rules coming that amedement should file when work location chage.. is that correct.

2.One of your radio show you mention that.. there is immigration reform to get EAD(GC) for H1b holders upon approval.. I applied in EB3 with priority date July 2011 and I ported EB2 and got I140 approved last year.. and also my 6 years H1b completed.. now.. will there be any problem to get EAD as soon as that immigration reform approved.. as I ported to Eb2.. any time frame that will go approved.. ? with your expert knowledge as per the current visa bulletin when can I (my priority date July 2011)get my get/or apply for 485.

3. H4 EAD - I am and my wife both are in H1b can any one of them can chage the status to h4 and get the H4 EAD--?.. On H4 EAD is it mandatory that should on a project on client location full year.. EAD person can own a company is it legal.. ? is it mandatory that h4 EAD person should run his/her payroll every month..

Thank you for all your clarification
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Hello Rajivji,

My name is Andrea and I am Canadian Citizen

I have a valid L1A till end of this year but I left the company.

I am currently working back in my company which has been incorporated since 2007 in USA but did not do well due to recession time. My company is IT company specializing in high end technologies like Big Data, Hadoop and HANA

Now we want to invest and see if we can get status to live in US through investor visa.

What should be my option?
My friend lost his wife in the US a couple of years ago. He has US citizen kids. He himself is awaiting GC (pending AOS) on his wife's application under the EB3 India category.

1. He has EAD+AP combo card. Can he stay in India while it it valid, and come back for renewal, until GC gets approved.

2. Is it better to convert the AOS to CP and then travel to India, so he can attend GC interview in India without hassle of EAD,AP.
My I-140 is approved 8 month ago and I am on H1-B Visa and it is valid till March 2017.

I am planning to change my job and I want take all the required steps, so that I will not lose my priority date.

I am sure my present employer will revoke my I-140 and how I can prevent my old priority date ?

can you please tell me list of document I must have before i will leave my first employer.
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