Final List of Questions for January 21, 2021 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'S will be addressed first and these FAQ'S 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: 21 January 2021
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.
I'm in a bit of a situation with respect to my GC. I left USA for India in Mar 2019 due to covid-19. When i left my i485 was in process, i had approved EAD/AP until july 2019, ive filed my EAD/AP extension back then and it got approved for a year. Then everything went into lockdown and covid cases are still on the rise hence i didnt fly back so far. While outside USA my PD became current and i received my GC, ive addressed these documents to my friends house and he shipped my GC and approval notice to me here in India (date of GC issuance 15 OCT 2019).

My question is, i will be completing my one year outside USA around end of February 2020. Since my GC is issued on OCT 2019, does my 6 months period that i can be outside of usa starts from the date of GC issuance or Mar 2019 when i left.

Next question is, im planning to come back only after taking vaccine, which may very well go beyond Apr/May this year, will this create any problem at the POE while arriving?
I still have my car, bank accounts in USA to show as a proof that i still have ties with USA.

Thank you in advance.
Hi Rajeev,

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?

2)Any rough estimate of Indian nationals(at least primary) waiting for GC who have approved I-140 till at least 2015 or beyond?

3)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?

4)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?

5)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?

6)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.

7)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
I expect I will receive my green card in a few months, on the EB1C/L-1A route. If I opt to switch jobs immediately after receiving it, or leave my job, will I face difficulty in later renewing it or later applying for citizenship? If so, what, and how long do you suggest I plan to stay at my current job to avoid that?
Hi Rajiv ji,

I was recently laid off. I have an approved H1-B(Oct 2019- Aug 2022- not stamped). My 60 days of grace period started on Jan 1. To maintain visa status I applied to a university that offers Day 1 CPT, got admission and filed for change of status from H1-B to F1. With the current backlog, DSO informed that change of status may take upto 9 months for approval.
My questions are
1. Is my stay valid even after 60 days are over since, considering that I have a F1 application in pending status?
2. Whenever I get a job(supposing it takes more than 60 days), will I be applicable for Change of Employer?
(eg- I get job in mid-March, I am full time student, with F1 visa pending)
3. I will not be having any paystubs after 31 Dec. Will this effect when new employer is filing for H1.
4. I read in an online resource that I would get consular processing when my new employer files for H1-B. Is this true?

Thanks in advance


New Member
Hello Rajiv sir.

Current status: I am working on an EAD (EB2). PD became current in July 2020 and I have responded to RFE and waiting for response. I am also maintaining a parallel H1B.

Questions: Can I invest in a real estate property in the USA with an LLC or without an LLC? Can I invest in stocks (longer term) and can I do day trading?

In general, is any kind of investment prohibited for me or will it give issues in my 485 processing?



Registered Users (C)
Hello Mr.Rajiv,
Thanks for your time and help to the immigrant community!

I've an approved I-140 (EB3) from Nov 2010. My Priority date is Jun2010 (so it became current in Oct last year & was available to used Oct-Dec per the filing date chart but not starting Jan 2021). i'm currently in India and don't hold a H1/L1 (completed 6+ yrs on H1B> my extension was denied in Dec 2018 > employer filed a new cap-exempt H1B after i returned to india but that was denied also in Aug 2019). Now, due to internal policy reasons, the employer is not willing to file I-824 to support filing Adjustment of Status (AoS) via consular processing.

1. what are my options? What happens if i'm unable to file AoS within 1 year from when my priority date becomes current again? Is there anything else that the employer can do to help me buy time. or extend the clock (file a new PERM/I-140? port to EB2 etc)? Can i wait to file the AoS when i'm back in the US (even if it takes a few years)?

2. Can i, the beneficiary, file i-824 (to request/opt for AoS via consular processing)? Or can only the original petitioner ie. employer do it in my case?

3. If my current (or a different) employer files a cap subject H1B for me through the lottery, will i stop being eligible for a cap-exempt H1B (or i140 based extensions) subsequently? And does it matter whether or not the petition gets picked in the lottery, and whether or not it gets approved or denied?
4. If i want to switch jobs later, can a new employer file a cap exempt H1B for me (when i'm in india or back in the US on a H1)?

5. Also, Is it OK if my current employer files another H1B (cap exempt or cap subject) for me but it gets denied? Will i come across as being desperate, and will it impact my GC process? Is it better to find a new job / different employer & have them file it?

6. Even if the H1B petition is approved, is there a risk of me being denied a visa later (at the consulate) if my priority date is current or close to being current? Since it shows immigration intent. What should i tell the officer at the consulate? Would i run the same risk for H4 or F1 also (if i'm unable to get a H1B to be back)? Which of these 2 would be a viable alternative for me?

7. Are tax filings needed / important for adjustment of status? How many years of tax returns do they see? Can there be a negative impact / denial if there have been adequate payroll deductions but returns have not been filed at all, or correctly on time? Or if there have been any derogatory or adverse remarks on the credit report?

Thanks for taking this question!
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Hello Mr. Rajiv,

I am currently on a J1 visa, on my 2nd year working as a teacher in a reservation. Last October 2020, I was notified by the School District HR manager that that a PERM application is in process (currently in coordination with lawyer) which required me to submit documents. I respectfully need advice regarding the process and most specially the need for a waiver (when required, said lawyer will only process waiver for exceptional hardship in the event of a child and for a US citizen spouse). If ever a waiver is required, what type of waiver can I present in the premise that I have a same sex spouse (J2), also working in the same school. I am aware of the possible types of waiver but no clue what will work for my case. Your advise and response is highly appreciated.

Thank you.
Hello Rajiv,
I applied change of status from H4 to F1 for my son in July 2020, till now he has not received instruction to submit fingerprints. when typically this instruction should come?.
Hello Rajiv,

Let me first thank you for organizing something where everyone can get a piece of expertise at no cost, especially in the times of pandemic where there is nothing but fear and uncertainty around us.
I am on my Cap exempt H1B and my wife is on H4 EAD so my question is can she work with any organization or it has to be a Non-Profit. If yes then can she get a Cap subject H1B?

Thank you.
Hi Rajiv

I'm a US citizen and submitted the I-130 petition for my brother and his family in 2012. We received an email with a receipt number (WACXXXX) but never received a paper mail or an A- number. All online USCIS forms require the A# . How do we ensure that our application is in process and get the A#

Thanks for your help
Hi Rajiv,

I am applying for my wife's F1 visa, currently she is studying on H4 and finished her 1st semester, she is planning to graduate in Dec-2020 and to get OPT she needs to have F1 stamp by end of this semester.

Now, our I-140 is approved but for many reasons we don't want to go on H4-EAD, but can a Visa Officer ask the following question or anything similar:
Why you want F1 and not H4-EAD? If yes? What is the best way to tackle this question?
since F1 is non-immigrant status and I-140 is for immigrant status, I am thinking they might ask this question since they'll know everything about the I-140 status!

Thank you and really appreciate your service.
Hi Rajiv,

I recently applied for COS from F1 to GC (marriage based). My F1 EAD is about to expire soon and due to excessive delays at USCIS my new EAD will not arrive before my current one expires. My question is, do I have any options to continue employment in the US during this gap. For instance can I be self employed/start a business?

Thank you for your help
Hello RajivSir,
First of all , Thank you very much for providing your valuable time for community. I follow you on facebook , twitter and blogs. I really appreciate your services for the community and was your client in the past. I have question for my parent's green citizenship filing.
They got their green card in July 2015 in India and came to US. They made total two trips to india . First trip was in 2018 well within 6 months time frame and they came back within 6 month. Second trip they made was in Jan 2020 and came back in 7th sep 2020 which is above 6 month time frame . they are above 65 and in high risk category so they couldnt travel immediately .
Can I file for their citizenship ? Is it consider as a interuption of continuous period for naturalization ?
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