April 30, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Team Member, Immigration.Com
Staff member

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: May 14, 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: H-4 EAD filing while H-1 extension is pending
Hi Mr. Rajiv,
I am on H1B visa more than 6 years. I also have I-140 approved.
However my H1B is under renewal process. I do have 'receipt of notice' but not approval notice yet.
Looking at the waiting time I don't think I will get H1B approval along with renewed I-94 before May 26th 2015.
I need to file EAD for my wife on 26th May.
1) Can I file her EAD based on my I-140 approved and receipt of notice even if I don't receive approval notice by that time?
2) If not then what are my options other than waiting for approval notice and filing on 26th May.
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Hello Rajeev,

I am here on the employment visa (H1-B) and have I-140 approved, waiting for the dates to be current to file I-485. I remember at one stage, one has to go the medical exam, which AFAIK is the previous vaccination record check and the current health check. I have a kind of medical deficiency where the skin color changes to white and have the white patches on the body. This, in the medical terms called 'Vitiligo'. Unfortunately, there is no cure so far for this. I have got this checked to the doctors here in US and in London (when I was there) as well.

The question related to my immigration status is, into the medical exam stage or may be before or after that, can this cause an issue getting the US permanent residency?

Thanks in advance.

Hello Rajiv,

I read in one of the websites that recently the USCIS Appeals Office (AAO) handed down a precedent decision ruling that whenever there is a change of worksite for the H-1B workers that need new LCA, employers are required to file amended H-1B petitions.

Is this order being for any specific employment status/terms& condition or generic to every H1B individuals.
In such case where it applies to all H1B holders, then it would be interesting to watch how the big/small consulting firms will address. Every time a change in project which needs new LCA would need H1B amendment.

Second question is, in case we have file for amendment, is the process same as extension? what all documents are required and how long does it take to get the H1B amended?

PS: USCIS Ombudsman's office has scheduled a teleconference on 04/30/2015 to discuss this issues.

thank you in advance.
FAQ: H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not?
Hi Rajiv Ji,

My I140 was approved on Sept 2011. I came to US on 2008 beginning on L1 visa and then my employer converted to H1 visa. On February'15 I got an extension on my H1 visa based on I140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 years 10 months). I am thinking to join another company now. What should I consider before I transfer my H1 to employer B from employer A on my situation?. My wife is on H1 and its valid till 2018. I am thinking about the reform that is going to happen after executive order on EAD eligibility based on I140 approval. Any information as to when this part of the order will be acted? Will you advise me to wait until some update to be made on that by USCIS before I switch employer?

I am also thinking my wife to apply H4 and EAD rather continuing on H1. Is that going to be a better option?

Thanks a bunch in advance.
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Hi Mr.Rajiv,

I am in a slightly complicated situation with my employment based GC. I got my LC in EB2 category and filed for I-140 RFE was issued asking for evidence that i have Bachelors + 5 yrs experience (as per PERM). Which i indeed had but the officers calculation was bit weird. My degree certificate/provisional certificate all stated I qualified for the Degree on May 2003 but the Degree certificate was issued on Sept 14, 2004 and the provisional certificate on Sept 14, 2003. Officer says that he would consider the degree was conferred on the Date of issue of the certificate and hence the experience prior to that is not valid.

So submitted a detailed educational evaluation and a letter from the School where i got the degree (indicating i completed the degree on May 2003) for the RFE response, but all those went in vain as the I-140 was denied. We appealed the case it went to AAO they dismissed the petition.

Officer as well as AAO board pointed out that results were published on June 10,2003 so you could not have completed the degree on May 2003. As per federal rule for academics states that one technically qualified for the degree when he fulfills the final requirements provided the person satisfyingly clears all the requirements even if the results were to be announced at a later date he is deemed to acquired the degree on the date he completed his final requirements. Obviously in this case Degree certificate was issued a year later due to administration issues.

Only if i consider the experience from May 2003 i would have a progressive 5 yrs exp as per PERM so what do i do in this case? What are your suggestions?
What options I have? Can i take them to the federal court ? how long does the case take in the Fed Court? In the mean time can i re-file another I-140 petition with detailed documentation and other evidence ?

If it were you what additional evidence would you submit to prove that i completed the course on May 2003. I have all the mark sheets and every certificate indicating that i finished on May 2003.

Greatly appreciate your time!

Hi Rajiv,

My sister came to the United states last year on an H4 and later got an admission in a University here for her MBA. She applied for a COS from H4 to F1 in February 2015. The outcome is still pending and the USCIS told us that the COS normally takes about 4 months - so we can expect an update on the online ELIS system only in May or June 2015.

Meanwhile, she got a job here and her employer has applied for her H1B this April (regular processing, not premium) - where her current status is shown as "H4". My question is that if her application gets picked up in the H1B lottery but by that time, her status changes from H4 to F1, how do we manage this with the USCIS?

Thanks and regards,


Registered Users (C)
HI Rajiv,

I have a 2008 priority date and My I-140 was declined in Eb2 in September 2008. I applied a fresh Perm in 2011 and now I-140 is Approved. I was just wondering if we can do an amendment with the 2008 priority date ? if so, What is the procedure to proceed.
Hi Rajiv,

I have F-1 status and my OPT will expire on May 11th. I already applied for H1B on April 1st but haven't received the receipt from USCIS yet. My driver's license expires on May 11th and the DMV office will not renew my license until I show them documents of my new status. The problem is that I have not received any document from USCIS yet to show my new status so I don't know what to do. Do you have any advice?

Thank you.
Hi Mr.Rajiv, I have a GC but unfortunately I was involved in a false case of Domestic Violence. My quesiton is regarding implications of a plea deal in DV. From what I have read,DV conviciton is a deportable offense. Also, the broader definition of conviciton by USCIS seems to include any kind of admittance of guilt including pleading guilty to non-DV related offense like a violation (trespassing, disorderly conduct etc). So is it true that any kind of plea bargain on an original DV charge which results in trespassing conviction (with conditions attached like anger management course) still be construed as guilty of DV by USCIS. Your inputs will be highly appreciated.

In 2010 I went to US with J-1 visa (work&travel) and came back on time as was
required by I-94
in 2014, I got B1 visa for conference. I entered USA in 21 September, 2014,
went to conference but stayed in US till the beginning of March (since I
found out that I got fired from work and etc) Since I had some close friends
living in the US and had finances for living I stayed for a bit more than 5
months. Then I exited the country without expiring my I-94 (I-94 was supposed
to expire on March 20 but I left on March 18). Now, I'm planning to go back
in the beginning of August for my friend's wedding in New York (my visa
expires at the end of August so I have 1 month). The question is whether the
border will allow me to pass again? I know I stayed a bit longer than
supposed but it was 2 times I didnt overstay and had no other intentions? How
do you think will the border allow me 3rd time?
Thank you in advance,
Dear Sir,


1.Currently on H1B with company A with H1B with validity until Dec 2017
2 Plan to move to H4 as I will need to be on maternity leave for one year.
3. Employer will NOT revoke the H1B.
4. After I return back to work after one year say in Aug 2016 , does H1B needs to be refiled to start working from Aug 2016? The employer has told he will not revoke the H1B.

Alternatively, the question is
Can REHIRE be done on the same H1B if it is not expired and not revoked and the sequence is H1B-H4-H1B.?

Thank you in advance.
I am very thankful to your efforts to help us informed
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Dear Sir,

This question is about the H1B Amendment discussions

1. H1B Approved with company B under American Competitve. i.e After 6 years based on Approved I140 of Company "A"
2.Now I start working for Company B.
3. Then Company A revoked I140.
4. Now change of work location happens at Company B.
5. Company B plans to file H1B Amendment.

Question is
Will H1B Amendment also need "Approved i140" to be in place.?

Thank you in advance.

Really appreciate the great initiative you have taken Sir .
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Eb2 Criteria

This is just a knowledgebase question to help other interested viewers of the forum.

PERM Labor filed with
A) Requirement of Masters + 3 Years of Exp OR
B) Requirement of Bachelors + 5 Years of Exp.

1. I did Bachelors in 2003
2. I have been working since 2003,in the same field of computers, 12 years experience now
3. Completed "Masters" in "2014".

I obviously qualify for B) Bachelors +5 Years. But do I
Qualify for A) Requirement of Masters + 3 Years of Exp ( Note that I have only 1 year experience after Masters Degree)

Thanks a lot
FAQ: H-4 EAD. Documents needed; name issues; processing times, etc.
Hi Rajiv Ji
Couple of quick questions on H4-EAD. These questions are for my wife-- who wishes to file for her EAD
  • Amongst the documents needed for filing H4, what are the ones we really need to make sure, we have them. I mean few like Date of Birth Certificate from Indian Municpal/Regitration office ..... is that needed even for H4-EAD.
  • What if the name on the Birth Certificate from Registration office is different from name on Passport. What should be done here?
  • Any other documents etc. we need to be careful about and should be working to get ready now. ( Education certificates and marriage certificate etc. we already have )
  • Some of wife's education documents like her B.Tech/BE Degree certificates, BE Transcripts/Marksheets etc. are laminated currently. Is it okay ? One of my friends I think mentioned that there is some problem sometimes, with laminated original documents. Is it true? I mean can laminated original documents cause any problem etc forH4-EAD .Is this something probably more applicable , at the time of personal interview when Green Card is being issued.
  • My H1-B after 6 yrs is expiring in Dec 2015. I already have approved I-1-40. So if we file for her EAD , with H1-B expiring on Dec 2015, then what ate would wife's EAD be eligible for. Would it be applicable for 2-3 or 3 years or only until my H1-B is valid i.e. Dec 2015.
  • If its only valid till my H1B is valid, would you recommend, we file her EAD after my H1-B extension is filed and approved , which I believe cannot be filed before 6 months from the date the H1-B is expiring.
  • Would it again be first come -first served in terms of filing H4-EAD . I mean people who file on May 26-27 --would their applications be processed earlier than the ones who file little later.
  • Approximately how much time its expected for EAD to arrive, everything going well
  • One last question, if I happen to change my employer at this time, and if my GC process is re-initiated would my wife be still eligible for filing H4-0EAD or NOT ( in a situation if old employer revokes I-140 )

THANK Bunch Rajiv ji.... Really appreciate your help.
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Hello Rajiv Sir,

Thanks for all your advise and information,

Working in indian based company with 11 years of experience,In H1B Visa and my 6 year term complete in July 2015,Is there a way can extend my visa or stay in USA(No PERM or Labor applied) ,If no option

Can i apply once again H1B again in 2016 April (fresh one again to come back).

Hi Rajeev,
I am physician, on H1-B visa (cap exempt) for about past 5 years. I-140 approved last month and I-485 application is pending for the past 60 days, yet to get EAD and AP. Unfortunately about to wont be able to continue with current employment. Planning to join new employer in similar position, intending to transfer H1B visa/green card to next employer. Need help understand following,

1- My understanding is I can port my current my green card processing to next employer,only if current employer doesn't withdraw approved I-140 within 180 days of filing i-485. Current employer at this point appear leaning toward revoking 140.What is spirit of this law/memo? what is the likely hood that USCIS will allow 140-portability, if one can prove intend at the time of approval was permanent employment.

2- If current employment is terminated and related H1B visa is revoked, will I be considered out of status until a H-1B application is filed/transferred to new employer with USICS ? Does pending I-485 prevent one from being out of status, if primary status/H1 is revoked? if i-485 is denied in future , from what date i'll be out of status, i-e date of filing 485 vs date of decision/denial on 485.

3, What is the likelyhood that I may have start over a new LCA.PERM/140/485 based on above situation?
Hi Rajeev,

My PERM job description is asking for MS in computer science, math, technology management and 1 year experience (No Bachlors in the requirement). it's system analyst related job.
I have MS in technology management + 3.5 years experience

Does it qualify for the EB2 or ms and 1 year experience is not sufficient and It may be audited by DOL?
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