August 06, 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: August 20, 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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New Member
FAQ: Investing/doing business while on H-1

I am on H1-b visa and my employer has started the permanent residency process for me 2 weeks ago. I would like to invest in a business with my friend who is US citizen. He buys houses, renovates them and sells them. I am going to form a LLC with him and invest money in this business. So, I don't work for him at all and I have an investor role in this contract . He will give me 1099 form for my tax purpose. I would like to know if this investment is passive? I also would like to know if this business makes any issues for my green card process?

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New Member
Hi Rajiv Ji,

I am on H1b and applied my I-485 waiting for GC.
1. I am Planning to visit India. Is there any issue, if my GC approved when I am in India?
2. In this situation, do I need to use Advance Parole to return back US ?



New Member
Hi Rajiv Ji,

I am in USA on L1B since 2011 with Company A and meanwhile Company B processed H1B in 2013 and it got approved (I have a copy of I-797C).
Due to personal reasons, I didn't join with Company B on 1st of October 2013 and at the same time I travelled outside USA on 30th September and came back to USA on 4th of October by extending my L1B visa.
Company B requested for withdrawal of H1B in November 2013 and it successfully revoked in January 2014.
Now in 2015 I would like to change my visa status from L1 to H1 using company B H1 petition since my L1 tenure 5 years is going to complete soon. So I requested My Current Company A for the Change of status. Here are the below questions on this situation:

1. Am I eligible for H1 Cap Exemption?
2. Can I (I mean my current employer – Company A) apply for L1-H1 Conversion on the same petition (obtained by company B) with CAP Exemption?
3. Current employer is saying there will be chances of rejection as we are filing after a year has passed from the start date given on the H-1B approval notice. Is it true? What’s the success probability?

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sandeep shukla

New Member
I am a B1/B2 visa holder from last 17 years and opened a LLC in last July at Ohio. That company is linked with my Indian company. Now we have negotiated with broker for a deal for the take over of a running franchise. Initially we are thinking about L1 but through some internet information a point came in my knowledge that
"An adjustment of status, as the name implies, is an application filed by an alien who is in the U.S. and wants to change their status from that of a non-immigrant to immigrant (for example: permanent resident status[/URL]). Based on the regulations outlined in the Immigration and Nationality Act (INA) an individual may change their status only if they meet the necessary".
Is it applicable in my case too ?


New Member
I applied for H1B in Apr 2015 from two different employers. I got both of them approved. I am outside USA and had my visa stamped in last week using employer's A petition at my home country. Now employer A's project is delayed and I was asked to wait till next year to travel. Since I already have a visa stamp in my passport, can I travel USA to work with employer B by showing employer's A visa stamping and employer's B approval notice at POE? Will the POE officer allow this? If not, do I need to get visa stamped again using employer's B petition before I travel? What are the options to work for employer B now?


New Member
My brother (US Citizen) had called parents years back. They kept coming and going to India. They use to take 2 year travel permit during their visits to India. However, due to some reasons, they left the USA 2.5 years back and DIDNOT take travel permit. I have recently migrated to USA in F4 category. There is no one in India to take care of them. Their green card is valid till 2022. (I am aware that they have not visited USA so GC would have automatically expired by now. Neither they have any medical records to show that they were sick and stayed back, so I GUESS returning resident VISA is also not an option). My brother would like to call them again. What is the procedure ? What's the waiting time ? What are the expenses ?


New Member
Dear All,

My friend won the 2015 green card lottery, he was interviewed on May the 6th, but he did not submit his high school certificate with his documents, but the consulate asked hime to sent the certificate later to the embassy and he did send. The consulate gave him his passport and he has not heard anything from them ever since.

Does it mean he got refused or is there still a hope that they will reconsider his documents and give him a visa for a green card eventually.

Many thanks to all of you.


New Member
Hi Rajiv,

My parents just received their Potential interview waiver letter for their GC, however the wait to get the cards will take up to 6 months or more with or without an interview.
They have EAD/AP combo card with which they can travel to India but we are just hoping they might get their cards sooner that that. If they have to go back to India for a
period of 3-4 months (Grandmother health issues), will it be ok to travel on their AP. Their AP is valid until July 2016. If they have to travel, do they have to go before the I-94 expires which is 8/3/2015? Or is their I-94 not applicable now since they are on AOS pending (applied concurrent I-485 and I-130 together). What are the consequences that we should be aware of?

- If they receive their greencard while they are in India, do they face any problem while reenter US at immigration ?
- On AP, how long they can stay in India ? they would like to stay for 4 months.
- If they do not receive GC by the time they return, any issues at the immigration ?

Thanks for your time.


New Member
Hi Rajiv,
I am working with a new Jersey based consultancy company for past 18 months. They signed a new contract with a California based client 4 months back. since then I have been working with this client. Now I want to switch permanently to my client but the consultancy states that i signed an exhibitA which stops me from joining the client up to 1 year, without their consent.They asked for 30000$ for the consent which the client refused to pay. Is this rule valid in California?Can I not join the client before 1 year?Please suggest how i should take the matter forward smoothly
Hello Rajivji,

I am Shankar and had an opportunity to work with you & your team in the past. I am very happy how my case was handled by you and providing reliable information. Here is a question from my side.

I am on my H1-B with I-140 approved in EB-2 catogory. Priority date is stagnant at Oct 2008 while my date is Feb 2011. I have an offer from a new company for a full time position where I will have to transfer my H1-B and my GC will restart again. Being the end of year and based on the history of PD movements, I have been reading that there will not be any movements for another 6-8 months. From several blogs and opinion of various people, I feel that Priority dates will move past Feb 2011 in May/Jun 2016. The reason I am considering this position is my current project has multiple layers in between and I am due for H1-B extension in Oct 2015.

  1. Does having multiple layers and multiple vendor contracts increase the risk for RFE?
  2. Is it wise to take up the new offer and restart GC?
  3. or Should I stick to my current employer and take chances with H1-B extension furnishing multiple vendor letters?
  4. Will I get my PERM and I-140 approved in another 6-9 months?
  5. If I miss the next cycle, what might be the anticipated time to get an EAD?
  6. Any updates on Obama's EO "Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays."? Is this item next one in Obama's action item? Do you think will it be done before completion of his term?

Thanks in advance,
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New Member
Namasthe Rajivji,

I would like to represent my fellow immigrant brothers and would like to Thank You for your time on this free community service you are doing.

Changing Employer After I-140 approval

I have I-140 approved with March 2014 Priority Date with my current employer- Employer A. I am in the second year of H1B. I am not concerned about H1B extensions with approved i-140 as i am in the second year of H1B.

I am thinking to change to Employer B for Better opportunity . But Employer B will start Green card sponsored after 1 year. My current EMPLOYER A says If I change the employer, he will withdraw/cancel the approved I-140 in a month or two.

Say I changed to Employer B and then EMPLOYER A cancels the I-140 or GC process.
After 1 year Employer B Starts New GC process. 2 Years down the road I have New Labor and New i140 Approved through Employer B .

Will it be a problem to port the PRIORITY DATE of March 2014 which was obtained through Employer A.

Please tell me the potential scenarios and hurdles that i may see to port the original priority date obtained from Employer A.

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Amit Surve

New Member
RE: Spouse's J1-Visa, I am on H1-B visa, expecting final decision anytime on my pending 485 application.

Dear Rajiv ji,
My wife is completing her 6 years on J1. She will have to go back to India for two years towards end of this month.
My I-485 was filled in Jan 2012. I got EAD however 485 is still pending for final decision/visa number. I am on H1B visa, maintain my H-status.
There are chances that before my wife completes a 2-year home-residency clause for J-waiver; I might get GC approval. If so, I will then have to file GC for my wife and daughter, under 'family to follow' clause. That might take some additional years. We need your expert guidance and opinion on this.

1. Will we be able to file for H4 visa now, as I am on H1?
2. Is there any provision that I could do to postpone further action on my 485 pending case, so that, I can maintain my H status for next two years and as soon as 2 years' period is over, can file for their H4?
3. Earliest when can we start the 'family to follow' GC process for them. Can the process be started before completion of 2 year clause or will we have to wait until, say September 2017, and then start the GC process for them after that? Or, will we not be eligible to file this until she completes the '2-year home residency' clause?

Best Regards,


New Member

I'm a fresh applicant for H1b and selected in lottery and from past three months it show as "received".

I have couple of doubts. I have dual degree from two different universities

I have one in BCA and BBA computer application from 2009 to 2012.

Does USCIS consider it as 3+3 = 6 points or only 3 points?

Apart from my degree I have exp in IT field from 2009 onward.

From 2009 Nov to 2012 Jan, I worked in a company which is no more in the market, but i have all the copies offer letter, relieving letter, pay slips, bank statement.

2012 January to 2013 Sept, I worked in a company, but the company is not an MNC and the company still exists, I have all the documents from the company.

From Sept 2013 to till date I'm working in one of the reputed MNC and head quartered in America.
Only for last one year I have form 16 from my employer.

Does USCIS consider it as 3+3 = 6 points or only 3 points?

How does USCIS verify the employment in india?

I would like to know how USCIS will consider my h1b application?

What is the timeline to process the application?

with regards,
Rahul Sharma
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New Member
Dear Rajiv,

Prior to getting married I had B1/B2 visa. I recently got my H4 approved. My B1/B2 wasn't cancelled though.

Can I hold two visas?

Would it create any trouble at Port of Entry for I have entered the US twice already?




New Member
I am just wanted to follow up with the Nanny visa. I was born in Burkina Faso.
I would like to know if by doing the nanny visa it will impact my I 130 already filed.
Thank you for your help.


New Member
On a new PERM case for EB3 category, can we start the recruitment process at the same time a prevailing wage request is in progress? We have an estimate on how much the prevailing wage is going to be, should the recruitment offer be exactly as the prevailing wage or can we be within a percentage? say 15% more than the estimate? what could be the complications?
thank you

Pankaj Kulkarni

New Member
Hi Sir,

I have below further questions on H1B.

My details are as below.
- Indian citizen
- H1B stamped in Oct 2011
- Was in USA from January 2012 to June 2013.
- Came back to India in June 2013.
- Visa expired in August 2013.
- Currently working for a new employer in India.

- What is the latest by which I have to get the visa renewed so that I can use this existing H1B?
- How is H1B duration counted? Is it the time spent only in USA which in my case is 1.5 years or is it from the date of entry to till date which in my case would be 3.5 years or anything else

Thank you.


New Member
Hi Rajiv ji,

I have a EB2 priority date of May 2011 with my current employer. I am getting new job offers where they are willing to sponsor my H1B and GC. I have a question regarding the priority date retention. With the recent decision of BIA in regards to priority date retention in case of Grace Estrellado, do you think that USCIS will allow priority date retention when a employer withdraws I-140 petition or will there be a shift in USCIS policy regarding the priority date retention.

Is it possible to get a confirmation from USCIS regarding priority date retention policy after recent decision?

Thank you sir.


New Member
Hello Rajivji,
I have my perm labor and i140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to CANCEL MY GC process.

I came across Employer B, Currently i am not directly related to EMPLOYER B. But Employer B is willing to Start New GC process for me.

Say employer B Starts GC Process . At what point of time i will be able to move to Employer B , So that Employer A will not have enough time to revoke my old GC process and i will be able to port the priority date June 2013 to new Employer B.

My assumptions.

1. Once Employer B has Labor Approved , i can move to Employer B and get i140 approved through Employer B in premium process and then port the Priority date of Jun 2013. (Hoping there wont be any queries on my i40 through employer B).


2. Is it possible for employer B to clear both PERM and i140 (when i am not working for Employer B). Once i140 approved through Employer B. At that Point I will be able to Change to Employer B and then port the Priority date Jun 2013.

I am not sure if any of the 2 options above are valid. Which one of the 2 would work best. So that i will not loose my June 2013 priority date.

If the above assumptions are not valid. Please suggest me what would be my best bet so that i cannot loose my June 2013 priority date.
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