Dec 18, 2014, Video Recording available for Community Conference Call with Attorney Rajiv S. Khanna

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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
Call Date: Dec 18, 2014
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST

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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sridhara Kunjeti

New Member
Dear Rajiv
I am currently employed with a company A (non-cap exempt) thought my visa is stamped till Oct 14th, 2015, my employment is ending on Jan 15th. Now, I have got a new job in university B (cap-exempt) and they have filed a new petiotion and the petition says my start date is 20th of Dec, 2015. My question is can I work at both the places till Jan 15th and then work for only university B from Jan 15th onwards? I have got the receipt no. from USCIS, which was filed through the university.
If I work in both the places till Jan 15th, will there be any issues with my status or visa stamping, when I visit to India.

On a differnt question: I have earned PhD degree from one of the university in USA and is it true that people who have earned their graduate degree from USA, their Green card will be processed with any difficulty. Is this true? If so, from when would this be implemented.

Your suggestions will be helpful.

Dear Rajiv,
I am currently working with an Indian IT company and the organization is planning to process my US visa (H1 or L1).
My query - I have a son who is special child. He has Celebral Palsy and currently needs constant support for basic activities. Will this be an issue in getting a dependent visa for him. Does the US immigration request for an undertaking from my organization for processing the visa. I ask this query because we have faced similar issues while applying for dependent WP in Australia where my organization had to furnish a undertaking for getting the dependent WP approved.

Further if we plan to migrate to US through company sponsored GC, will his health be a showstopper.

Your suggestions will be helpful.

Anupam Sharma


New Member
Hi Rajiv,

How long does a B2 visa processing take after I apply to get an approval while in the USA, because F1 visa is expiring, without leaving the country?


New Member
Hi Rajiv,

I am in H1b and ready to file my I 485 based on EB2 category but when I was in student visa in 2009. I worked illegally in gas station for about 5 months. I got paid in cash. I came to know about ina section 245 k which will allow me to apply I 485 since I work less than 180 days. But I was working in cash and I didnt get paid in Checks how do I prove I only worked 5 months?

sridhara Kunjeti

New Member
Hello Rajiv,
In continuation with post #2.
I have my PhD from US and can I am currently on H1B, can dependents (H4) work with a valid work permit?


New Member
FAQ: I-140 Revoked after AC21 Portability

Hello Rajiv,
How are you? Thank you very much for this great service to the community, it is indeed very helpful.

Here is my Situation.

I used to work for Employer "A" who filed for my EB3 Labor and I-140.
I-140 was approved in Feb 2007.
In July 2007 , when the dates became current, I filed for my I-485.
In December ending of 2007, which was around 180 days after filing the I-485,
Company "A" was acquired by Company "B", at that time I got an email from my employer HR indicating that
Company "B" will now take over all immigration responsibilities of "A" and no H1 transfers or re-filing of I-140 is required.
I was also assured that since my I-485 was pending for 180 days and i had EAD and 6 pay slips / one per each month from company "A" , there should not be
any issues, since AC21 can be applied too, in this case.
So I continued to work for Company "B" for about 1 year from Jan 2008 to Jan 2009. I received pay checks from "B" during this period.

In Feb 2009 I joined a direct client, Company "C" on H1B. Got the H1B approval beyond 6 years, using company "A" I-140 approval copy.
Company "C" Attorney sent AC-21 documents to USCIS.
Company "C" does not file labor or I-140 they do only H1B or hire on EADs but does not do green cards.

Now, after more than 7 years of I-140 Approval from Company "A", I came to know that USCIS, has
revoked the I-140 of a different employee who was in the similar situation as me, but he didn't had H1B and he was forced to leave USA since
his I-485, EAD and Advance Parole were all based on this I-140. It seems USCIS said the underlying Labor and I-140 were fraud.
Hence everything is denied. He did leave the country.

My Question : What are my Options if something like this occurs for my case too? I understand its hard to tell if this will occur or not.
Company "A" which filed my I-140 no longer exists and I have no contact what so ever with Company "B".
If I-140 gets revoked for fraud by the company "A", will the employee be held responsible?
Can this kind of adverse decision be appealed and during appeal process what happens to the status.
Are we allowed to stay and work in the country when this case is in progress.
I was reading online about the "The case, Kurapati vs USCIS " , this lawsuit is similar in nature.
Is there a ray of hope with this?

Your Suggestions/Comments please.
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New Member
Hi Mr Rajiv,
I just got a letter stating that I have been denied at my first interview. I applied the process in virginia. Due to some family related problems. Me and my wife have to move to texas. Does it effect if we change our address from virginia to texas? will it be possible for us to stay in texas and do the further process from virginia? or is it better for us to move the case from virginia to texas?
Furthermore, I applied this case through my wife. I am still in F1 status and I am about to graduate in May. I was kind of worried about my jobs. Is it better for me to apply work permit through this asylum process or is it better to do it from my college?
Is it better for me to try to get the green card from the asylum process or from the H1B process. Could you please tell me the difference in the process between asylum and H1B green card process?
Thank you for your service!!


New Member
Hello Rajiv Sir,
I am a US Citizen and planning to apply for my Parents GC (I-130) asap, which will take around 10-12 months to complete.
While their I-130 is in process they are planning to visit me in Summer-2015 on their Valid 10 years visitor visa (visited once on that visa back in 2011). Both of them are Retired State Government Employees;

1. Will there be an issue for them at the POE while entering the US, due to their I-130 being in process?
2. Are there any helpful documents they can bring to show at POE to prove their intent of visitors and guarantee of return within the allowed time?

I really appreciate your time and advice.
Thank you.


New Member
Hello Sir,
Right now I am on H1-b visa and my spouse is on H4 valid till Dec 2015. I have filed my GC in EB3-I in 2004. I was able to file my I-485 application when the dates were current in June/July 2007 and unfortunately couldn't file for my spouse because she was in India at that time.I am planning to visit India in May 2015. Can I travel back to US on Advance Parole while my spouse(H4 visa) will be in US at that time.If so, will there be any kind of status change/issues, to my spouse because I travelled on Advance Parole. What do you suggest ?


New Member
Hello Sir,

I-130 approved pariority date jun 2010(India) - parents are naturilised citizen and 2 kids citizen by birth


Appreciate your help.

Thank you

Sandra Paschall

New Member
Good afternoon Mr. Rajiv:
I have been a diplomat for 13 years in The United States. Now I would like to
apply for a change of status under Section 13 and get my green card as well as my family
members. I still do work at the Consulate and have my A2 Visa. Do I have to quit my job to apply for residency
or am I elegible to do so while I'm still at work?
Many thanks! I do really appreciate your comments!


New Member
Hi Rajiv,

Thank you for this service to the community, it is indeed very helpful.
My Wife who was a LPR has now become a US Citizen. My I-130 was already approved and now we are planning to Upgrade our Petition from F2A to IR-1.
Iam looking for a sponsor as my wife doesnt work to sign I-864(Affidavit of Support) & i have a friend who is a green card holder but working as a School teacher
since the past 7-8 months.My question to you is

1) If my friend has not filed any Tax Returns or doesnt have any W-2 , can he still sign I-864 as he cannot provide any documents related to tax but provide documents related to his job as contract, etc.
2) I have another friend who is on H1B Visa in USA . Can he be my Sponsor?



New Member
Hello Rajiv,
First let me thank you for your service to the community. I am US citizen have applied 1-130 for my mother who is in India staying with my brother (Unmarried 21 years 7 months old studying). My father passed away recently and I am supporting my brother and mom. I want my brother should come along with my mom when she goes for GC stamping.

1. If my mom get her GC in next 7 months, is there any CSPA act or any other law had any provisions to bring my brother (who just crossed 21 years, studying) soon as I am only one supporting both of them.
2. Is there any way I can sponsor both, they come on GC in a year or soon? I do not want to live my brother alone in India once my mom come to US on GC as my father is no more now.
3. If not, if I file my brother (Unmarried 21 years 7 months old studying) which is in F4 category waiting period 12 years for India. Once my mom got her GC she can file him in F2B category which is little fast. Can his previous F4 category priority date move to F2B category to save some time irrespective of different petitioners under same family.
4. Do we need same petitioner to transfer priority dates from F4 (petitioner – myself to my brother) to F2B (petitioner -my mother to brother)?

I really appreciate for your answers.



Registered Users (C)
Hi Rajiv,

I am working on H1B. I-140 approved recently. Six years of H1B will complete in Jan-2015. Thinking of changing my job before I lose it.

My understanding is that if my employer revokes the I-140, I cannot get an extension of H1B.

Typically, the way people change their job is that they find another job, file for a H1B transfer and extension petition with the new employer. If I do that, I would change my job after getting an approved H1B extension with a new employer. After I leave my current employer, if the current employer revokes the I-140 based on which the H1B for the new employer was extended, would my H1B petition & approval with new employer get invalidated. What should I do after I am with the new employer, and the last employer has revoked the last I-140.
Thanks for your advise.


Registered Users (C)
Hi Rajiv,
Asking another question because I am very confused by this. Kindly answer.

My I-140 is approved, in EB2 category. Priority date = April 2014.

Situation: Fiancée was born in Nepal in 1984-small village / town. No record of birth is available. Currently she lives in India, with parents.

In order to file for I-485 under Nepal-born-applicant quota, using cross-chargeability rules, my understanding is:

1. I would need to get country of birth mentioned as Nepal, in the indian passport, when it is made. That in-itself is proving very challenging, given there is no record of her birth in Nepal.

2. I would get a certificate of non-availability of her birth record from her municipality. Also, I would need to get two affidavits from her relatives, who now live at different places in Nepal and India to support her birth in Nepal.

Question is

A. Can affidavits from relatives (Uncle) living in India or germany be acceptable? Chances of USCIS rejecting those affidavits, since they are coming from relatives.

B. What is the chance that my GC would be approved if I produce the documentation mentioned in points # 1 and # 2 above. Reasonable or Negligible or Reasonably good.

C. Chances that USCIS may reject my application completely citing any reason such as not being able to find any record of birth, in whatever background check USCIS conducts before finally granting a green card?

D. Does the USCIS or some other government body actually talk to the people who submit affidavits in support of such cases? I am curious to know because it is important that I make the people giving affidavits aware of what they would be asked to do, as a follow up. People are unwilling to go through the trouble of doing these documentation because of various reasons. So, they may be casual and may not respond to mail if USCIS reaches them out, as part of any background verification.
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Hello Rajiviji,

First of all, i appreciate the huge help you are giving out to the immigrant community in the form of these free community conference calls. May you be blessed abundantly for all your service !!!

I am working for a company, XYZ on a H1B staus. My employer owns another company, ABC and My GC was done as a future employment through that company, ABC. I have an approved I 140 ( Dated 12/10/2014 ) through ABC. I have never worked for this company, ABC.

Now I have a very good offer through a new start up company and they were going to start the GC process.

Would I be able to port my priority date from my old petition, even if it was done as a future employment for a company that i have never worked for ?

Is there a time line that the porting of the PD need to be done ? Because once I leave my present job, my I 140 would surely be revoked by my employer.

Does the old I 140 needs to be active, while porting the priority date ?

Would my employer get to know, If i file G 639 to get the copy of my I 140 approval copy ?

Thank you all your help...
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