Final List of Questions for December 01, 2022 Conference Call

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Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration-related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ will be addressed first and these FAQ will be posted in our FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here.
Note that we answer posted questions and follow-ups first.
Call Details:
Call Date: December 01, 2022
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration-Related Questions

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.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us:

Karma Yogi

New Member
We recently filed an I-129 in H1B classification. In that, there was a typographical error by USCIS in the petitioner's name in I-797C.

What can we do to make a request to fix the USCIS error?

The typographical error correction form asks for the Petitioner's First name, last name, and Date of Birth. Those are mandatory fields. Petitioner is the company name. How can it have First Name, Last Name, and Date of Birth?

Is there any other way that we can request to correct the error?


New Member
Hello Rajiv,

Hope all is well. I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date) and then I moved to India in Dec 2020 and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under different field under cap exempt? I want to know if I can work in business domain and not in chemical field using H1B remainder option?

2. Say, if I find an employer in the US in business domain who is willing to sponsor me directly? Do I need to apply for new H1B and go through April lottery? What are the consequences?

3. Lastly, if I plan to do MBA which would be second masters in the US, is it possible to use the H1B remainder option from my first masters and work in business domain?

Please let me know and thank you for your time.



New Member
Hi Rajiv. I am on an F1 visa and my husband is on F2. I am looking to proceed with an EB1 visa for my husband as he is a cinematographer in India, working for the last 10 years and I want to know whether it is a common approach for someone from the film industry to do so.
In general, I would also like to know the charges for the same and whether you specialize in EB1 or not. Will there be any adjustment of status charges as well? Thank you.


New Member
Hi Rajiv,

Hope you are doing well.
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H1b and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.

Now if someone in my situation is impacted by a layoff. I wanted to know the options available.
  1. Since we only have 60 days on H1b to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
  2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
  3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
  4. Also, do we have any info on what the status “Case Remains Pending” means?
I know it’s been very anxious for everyone in the tech community with recent layoffs. Thanks for taking the time to answer these questions.



New Member
Hi Rajiv,
I was on h4 and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new i94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

thanks in advance.


New Member
Hi Rajiv,

I have been on H1B since almost 5 years and i recently got my PERM approved. My employer will file for i140 soon. My question is related to priority date. I saw one of your videos where you explained priority date practically belongs to employee. So does that mean when employee get i140 approval then employee can change employer at any time and keep same priority date for next filing with new employer?
What happens if employee leaves or gets laid off after a month of getting i140 approval and old employer decides to withdraw/revoke the application? In this case, can new employer use the same priority date or gets the new one for employee? If new employer gets the new one then what happens when employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?

Thank you in advance.


New Member
Hello Rajiv,
Can someone on B1/B2 visa travel to Canada right before their I-94 expires and reenter US after their I-94 expired to extend their stay? Will they allow to enter and is this considered a new entry? I know the 30 day rule before your I-94 expires is considered as automatic revalidation but that's not the purpose in this case. Thank you in advance!


New Member
Hello Rajiv ji
I am green card holder. I am going to marrying a girl from India who has a B1/B2 visa valid for another 3 years.
Question: after marriage in Feb-2023 can she enter USA on B1 visa and file green card application? Should she have any invitation to come to USA, either from me or from any third person? Thanks


New Member
Hi Rajiv Ji Very Good Evening

I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia, Canada. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her work permit and SSN Here are some concern Regarding Our Case:

1. Can I go to the USA with my B1B2 visa and marry her within a week and come back to Canada, will this be legal ??
Or would it be a visa fraud that I misuse my entry to USA for marriage purpose and will this cause problems for my Future Green Card application that i gonna apply once her asylum case will be approved ??

Or would it be misuse of entry only if I marry to her and not come back to Canada and apply for visa status adjustment there in USA ?

2. If I can marry her with my B1B2 visa as she is not a green card holder or citizen yet. Should I also have to wait 90 days in USA before marriage so that USCIS not consider it as misuse of my entry in future when I apply for green card once she get her green card after completion of her asylum case. or this rule would not apply on us ??

3. If I marry her, come back to Canada and she put my name in her asylum file as spouse before her asylum interview.
Will USCIS gonna update homeland or border customs about our marriage ???
and if i want to visit her again while she have been for waiting for her interview. Can border customs stops my entry ?? (Because Now they know I married to someone during my last visit )

Both of us want to settle in USA, instead of Canada. What will be best way for us, so we have no problem in future when i apply for USA Spouse immigration


New Member
Hello Rajiv,

Hope you are doing well!
I am in the US on H4.

My previous H4 visa was valid till May 2022 according to my husband’s H1 expiry. At the same time I was working on H4 EAD which as well was valid till May 2022.
My husband’s H1 extension was filed by his employer and it got approved. The extension was granted until Feb 2025.
However he had planned to take a new job and a transfer was filed for him in 2021. The transfer was approved with a validity date until December 2024. Along with his transfer my H4 and H4 EAD extensions were filed then using the receipt number of the transfer petition.

But he later decided not to take up the new employment.

As a result my H4 and H4 EAD extensions were later filed using his current employer approved petition. In the meantime my H4 and H4 EAD extensions which were filed based on the transfer petition were approved. But the validity of this petition incidentally was not the same as the validity of the petition of my husband’s (December 2024). The validity of these came as validity of the petition filed by his current employer (Feb 2025).

The current situation is that my H4 and H4 EAD extensions filed against the petition filed by my husband’s current employer is still pending decision for over 8 months now.

In the meantime I also travelled to India and got my H4 stamped based on the approval notice against my husband’s petition filed by his current employer.

My query is -

  1. Is it a mistake on the part of USCIS to approve the H4 and H4 EAD extensions filed against the transfer petition until Feb 2025. Also could this be the reason they are not picking the other petitions for a decision where I can see that the normal average time frame for decision at center where my H4 decision is pending is well past due. My H4 EAD though was filed to a location where the decision time is much greater.
  2. If the above is not a mistake, am I eligible to continue my employment using the already approved H4 and H4 EAD. In this case do I need to request USCIS for a change in the transfer based petition number mentioned on the card.

    Thanks In Advance


New Member
Hello sir,

My question is follow-up from previous conference:

1) I asked if Master's Degree, F-1 students working 20 hrs part-time maintaining OPT status can, in-parallel study and enroll for in-person courses part-time. My university International student office denies this, and says enrolling in any course online/offline is not allowed while on OPT.
I think they're wrong, but I'm confused if the decision for this rests up to the university and they decide the rules for their students.

Will you please clarify this for me?

Thank you very much

Nev Vas

New Member

I became a US green card holder on July 1, 2018 and initially got a 1 year re-entry permit

Started college in the US in August 2019

I will be completing 2.5 years ( 913 days ) in the US by April 30th, 2023

At the height of COVID, I was stuck in India for about 9 months ( September 27, 2020 to July 1, 2021 ) due to health reasons, restricted travel during COVID, also looking after my parents in India, who were unwell

However I maintained close ties with the US, including studying college ( virtual, online ) and paying lease rent for housing, maintaining bank accounts, filing US taxes every year from 2019 onwards on-time

Other than just the 1 incident above, I have not been outside the US for more than 6 months at a time

My questions:

1. What is the earliest that I can apply for naturalisation ? Since I complete 913 days in April 2023, can I apply for naturalisation 90 days prior to July 1, 2023 ( 5 years from my green card which cameos July 1, 2018 )

2. How do we explain the 9 month absence from US during the peak of COVID ( will Rajiv be able to help out with the petition ) What are the chances that explanation will be accepted ?

3. Do I need to be in the same state / same address for a few months prior to or at the time of applying for naturalisation ?

4. Once application is made, can I leave the country ( plan to travel to UK for masters program ) or do I have to wait for finger-printing just like one has to wait at the time of re-entry permit ?

5. Even after naturalisation, one has to maintain the 6 month maximum-absence from the country ?

6. After applying, how many months / years before citizenship is granted as per current wait times ?

Many thanks Rajiv, and happy to consult you basis your answers to the above...



New Member
Hi Rajiv Sir,

I was involved in a car accident recently and got a citation by Nevada highway patrol for "unsafe lane change". The case level is misdemeanor.

1. So, will this citation affect my visa immigration?

2. Will it affect my background in any way i.e. for future jobs etc.?

3. I think I can defend it, so does it worth defending it in the court?

Thank you so much sir!
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