Feb 05, 2015, 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:Feb 5, 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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Hi Sir,

  • I am having M.Sc (2 Years) + B.Sc (3 years) qualification.
  • Employer "A" had applied PERM in EB3 got I-140 approval in year 2010.
  • I have transferred H1 to Employer B based on I-140 approval in Year 2012. I have completed 8 years on my H1 by year 2012.
  • Employer B had applied PERM in EB3 stating that, I have M.Sc (2 Years) + B.Sc (3 Years) studies and not equivalent to 4 Years Degree (BS) in year 2013. Right now PERM is under audit.
  • While working with Employer B, I have completed MS course in Dec 2014.
1. Can Employer B have rights to apply PERM under EB2 based on MS qualification and withdraw the current pending EB3 PERM application?
2. Do we need any experience after completion of MS Course for applying in EB2 category by Employer B?

Please suggest options which I have now to apply under EB2 category.

Advanced Thanks.
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Hello sir, Looking for your guidance
My wife & kid are in H4 status. They had their H4 stamping done with the same employer. Now their visa is expired and planning to travel to India; though we have valid H4 petition till 2018. Do they need to go for consular interview for stamping in case of same employer or they will be eligible for drop box stamping (H4 interview waiver program - drop box)? They had previous H4 visa stamped from the same consular (New Delhi) and same employer?

Other question is under DS-160 question:
(i) Principal Applicant Information:
Application Receipt/Petition Number:
Whose petition number should be provided because when we had our extension we both got petitions I797 for me and for my wife for her H4?

ii) Has anyone ever filed an immigrant petition on your behalf with the United Sates Citizenship and Immigration services? (Y/N)?
Is it Yes or No? { I have my I-140 approved, but long wait on 485. Her name was not included in labor and I 140 so far)
Hello Mr. Rajiv Khanna,

I have applied for GC in Eb1B and waiting for approval of I-485 since Sep, 2014. Recently, I have heard from prospective employers for a potential suitable position. However, I have clarified to them about my current status and that I cannot pursue a new position until I receive my permanent resident card. They are willing to wait until I receive my GC in next couple of months, but requested me to send my resume and have telephone interview. (1) I am not sure if this is a conflict, immigration-wise, with the intent to be with current employer at the time I receive my GC. In addition, my I-485 is pending for less than 6 months. (2) Is AC21 rule applicable for only certain EB categories or all categories?

Please advise. Thank you for your time and consideration.


New Member
I got married in India few years back and at present I am working in USA in F1 OPT after completing my masters.My estranged wife is also studying here in F1(We are separated for 1 year now). Due to some personal reason she doesn't want to go to India so I am unable to file a mutual divorce case there.Hence I am planning to file an uncontested divorce here in USA and she will co-operate to do that as well.My question is would I face any issue if I re-marry someone in India,register it there and use that for bringing her in dependent visa once I get the divorce decree here.
Hi Rajiv Ji,

I have couple of questions.

1) In the Form I-140 petition, part#4, question#6, Has any immigrant visa petition ever filed by or on behalf of this person, my employer has answered NO.
An I-140/I-485 petition was filed by my previous employer, which was denied by USCIS.

USCIS has approved the recent EB2 I-140 petition based on US masters degree.

Are there any implications because of this? Should I file a new I-140 Petition, stating the facts of the previous I-140/I-1485 petitions?

2) The USCIS has raised an RFE for my visa extension for incomplete LCA, employer/employee relationship , my employer in the process of responding, what will be the impact of the visa extension if the RFE is denied, will I be able to switch to another employer in the mean time. I'm in the US for over 13 years on H1.

Hello Sir,

I am currently working as a lead mechanical engineer at a major oil and gas firm. They have filed for my GC and my I140 was approved on December 17.

I recently finished my part-time MBA from a top 5 school and got an offer from a major Management consulting firm to join but in same industry (Oil and Gas).

My 6 years of H1B expires on May 15 2015 and I have received an extension of 3 years from my current company. Unfortunately they are not providing me with a copy of I140. From the H1B extension packet, I have found my I140 receipt number and priority date. I have forwarded the information to my new employer including my approved I797 for extended H1B.

  • I want to know if this information is enough to have a successful H1B transfer considering I am changing my profession from engineering to management consulting? Again my 6 year H1B term will be over by May 2015.
  • I also want to understand in what circumstances a company can deny sharing I140 information with the employee?

Kindly guide me accordingly.


I have received a NOID on approved I-140 when my company filed for amendment for company name change. I am in 7th year of my H1b which is approved till June 2017. I have couple of questions.
1. Can I apply for a new I-140 using the old PERM. Is my old labor certificate still valid? My priority date for earlier PERM was Jun 2011.
2. Can I transfer to another employer despite the NOID?
3. Can I travel to India and go for visa stamping?

Your guidance will be appreciated.

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Dear Rajiv Ji:

I got my I-140 approved with my current employer and i am working in an in-house project at my employer office in PA state. I have H1-B extension until Sep 2016 which was filed by my current employer from PA state.

My wife is getting health issues only during winter. So i am planning to move with my family to a hot state like Florida or Texas and continue to work for my current employer remotely ( from Flordia or Texas) with in USA.

In this situation , I have below questions.

a) What is the legal immigration procedure, i or my employer needs to do?

Like does my employer needs to do my H1B amendment to new state i am relocating

or Just relocate to new state and filling online AR-11 form (Change of address) is sufficient

or what is the correct move?

b) After completing all legal procedure and lets say i relocate to new state and working remotely will it cause any issues when i go for H1B visa stamping in future or create any issues in my I-485, EAD process towards getting GC?

Please advice. Thanks for your time.
FAQ: H-4 EAD Rule
Namasthe Rajiv ji,

This is the Question about H4 EAD Rule.

Me and my wife are living in different sates due to obvious work reasons. I am currently on H1B Visa with my I-140 approved. My wife is on H1b working as a full time employee to XYZ company. Now, with Obama's executive action particularly with H4 EAD my wife is planning to change her visa status from H1B to H4 so that she can get opportunities at the place were I live (at this point of time all the companies at my place are asking her for Either Green Card or Proper Work permit with out any sponsorship in order to hire her). In this regards I have 2 questions

1. Would you suggest us to get H4 approval in advance before H4-EAD rule comes into effect or would you suggest we can file them concurrently?
2. If she applies for H4 when can she quit the job - Is it on the day of notice of application receipt from USCIS or from the day of H4 approval?

P.S: I am aware that no rule has been published yet but just wanted to get your thoughts/suggestions on this issue.

Please help us out and Thanks for your time!
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I am having GC since 2008. I am a student studying in India. When I came last to US in Sep '14, the officer at the airport put a remark ARC in my passport and told me that if I want to come to US next time, I should have a reentry permit with me. Otherwise I will be denied the entry. Accordingly, I applied for reentry and duly got it. This reentry permit is valid till Oct '15. However, I wish to visit US in the month of Feb-March '14 for 2 weeks.. Is it possible for me to do that without affecting the validity of the permit? So that I can visit US again in the month of Sept-Oct '15. Kindly guide me.

Thanking you.
Dear Rajiv ji,
Thanks & appreciated for your excellent service. I came here on H1B in 2008. I applied for my extension 3 month before my H1B expire. But it takes 14 month to decide my case. In the mean time I asked my lawyer lots of time am I going to out of status but every time he ensure me when get approved everything will be okay. After 14 month my H1B denied and appeal also denied and then I know I was already unlawful presence. I have approved I-140 on EB-2 , priority date 2008. I have a 2 years US born kid. I believe I am eligible for recently announced DAPA. Now my question is if I get approved DAPA and work authorization and my priority date become current is there any way I can apply for I-485 ?

Thanks in advanced for your help .


Registered Users (C)
Hi Rajiv, I am seeking your advice on the issue bugging me for a while now.

Following are the known facts:
  • Fiancee admitted to well known university's certificate program for 9 months of duration.
  • She has been to US in 2013 on B-2(tourist visa) to attend my graduation and travel. She had left the US after spending less than 2 weeks.
  • On her B-2 application, she had accidentally identified me as her fiancee while we were not. Officer had asked about wedding plans but there were none, so she confirmed.
  • On her F-1 application, she had identified me as her immediate relative as now we are.
  • I am a LPR since 2009, working in the US but visiting my 1st homeland twice a year.
  • She has enough funds on her bank account to address the financial requirement.
  • Both her parents still live back home. They are neither US citizens nor LPRs.
Questions which I am seeking your advice on:
  1. What steps should we take in order to avoid roadblocks to get her visa approved?
  2. What kind of document/s should we collect to prove her intention to return once she is done with the program? She does not own a property back home.
  3. What are some expected difficult interview questions we should expect her to answer?
  4. What other interview tips and general recommendations do you have for the particular case?
Thanks for your time and I appreciate your answer.
Dear Rajiv Ji, Looking for your guidance

I am a J-1 visa holder and subjected to the two-year home country residency requirement. Can I apply for National Interest Waiver (NIW) based From I-140 petition now, and get my J-1 waiver thereafter?

Thanks for your time and I appreciate your answer.
Hello Rajiv Ji,

I have done my masters in IT management from USA and I am on STEM degree completing my 29 months of OPT extension with expiration March 24, 2015 and I would be resigning in Feb end. I was not unemployed for more than 45 -60 days. My company is filing for my h1b. Looking for your guidance on the following:

1. DO I come under CAP GAP with no work authorization attached to it - as I still come under 60 day grace period or shall I get my status changed to h4
3. Are there any benefits if I remain on F1 (CAP GAP)?
4. Would I be able to travel on h4 with h1b petition pending (I don't have f1 or h4 stamped on my passport) as I haven't traveled outside USA after I got my status changed to F1 from h4.

I am assuming if I would get it changed to h4 -it wont impact my h1b petition to be filed under masters quota.



New Member
Hello Rajivji,
I truly appreciate your taking out time and helping out here with you expert advises. Please allow me to ask a few questions
About me –
· I am on H1 visa, valid until Feb 2018.
· Approved I140 under EB3, validity date 2010 with my current employer
· Education: 3 year Full Time Bachelor of Commerce, followed by 2 years Full Time Post Graduate Diploma in Management. Graduate degree was a requirement to get into the PGDM course. Both degrees from India
· Experience – 10 years

I am now looking out for a job, primarily so that I can move to EB2 category. My questions as below
1. I got my education evaluated through Trustforte in Dec 2014, and they evaluated it as equivalent to ‘Bachelor of Business Administration’ degree. However, there are blogs where I read that the education like mine may not be considered as equivalent to graduation. I wanted to hear your views.
2. Further to question #1, my degrees have been evaluated 3 times for the purpose of H1B. Each time, they have been evaluated as equivalent to US Bachelors degree, and each time my H1B has been approved/extended. Is the criteria for education evaluation different for H1B v/s GC application then?
3. I read something about Single Source degree rule. I wanted to understand what it is. In a case like mine, in what circumstances can I use both my degrees so as to reach the equivalence of US Graduation? Are there ways the Labor Application can be drafted in a way such that I can combine degrees?
4. I read that it is the DOL/USCIS that makes a determination on whether a petition is eligible for EB2 or EB3 at the time of I140. The sponsoring company does not make that determination. Is that correct? If it is correct, then are there ways to draft a labor application in a way that if EB2 gets declined, at least an EB3 is approved?



New Member
Dear sir,
I am a permanent resident & need to travel outside of U.S. As my time abroad is uncertain,am applying for a re-entry permit for 2 yrs. If situation warrants,I can make alternate arrangements & travel back & forth.Is it mandatory to use the permit once obtained? OR ,can I not use it while entering U.S if am returning before 180 days outside ? can I travel to U.S multiple times while it is valid?
Namaste Sir

PERM and I - 140 both Approved by Employer A and currently on extended H1-B based on I-140 approval. At this point, If I need to change my job and work for employer B,

1) Is there a minimum period of time one should wait - after I-140 is approved - before changing the job to another employer ?
2) What minimum documents should I have with me, regarding both PERM and I - 140 approval - that would be required at some point during this job change scenario - as the new employer B would need to subsequently file a new PERM and a new I-140 ? Should we have original copies of the documents or photocopies would be sufficient ?

Thanks So much Sir.
Dear Sir,

Thanks for all the information.

i worked 2 years (from 2007 to 2009 ) in reputed software company and came to USA in 2009 april thru H1B visa has a tower lead ,currently am in same company in recaptured days of my H1b and visa expire in jun 2016 (total years of experience is 10 years) My questions are

1.Is there option,i can apply EB1 because am in delivery Manager designation
2.if my employer apply Perm now,How long its takes,(Eb2 or Eb3)
3.Any other Option to extend my current visa ?

sorry if my above question are wrong.
Dear Sir,

My spouse has I-140 approved (with Jan 2011 Priority) from ex-employer and recently changed a job. His new company is in process to file a PERM/Labor.

I spent about 2 years on H4 (2007 to 2009). I am currently working with a company on H1 and will complete my 6 years of H1 in Dec 2015. Since my company will not file a PERM, I would like to be back on my husband’s H4 after expiration of my H1 visa.

Will this create any problem when I switch from H1 to H4? Please advise.

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