Final Questions for November 05, 2020 Conference Call

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Team Member, Immigration.Com
Staff member
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: 05 November 2020
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 am a US citizen and I want to apply for the immigration of my parents. I have a younger sister who is 13 years old and unmarried. I want to ask if I can include her in the form with my parents? Is it allowed to add her in the form and if it does will it affect her current tourist visa status?
Hi, my daughter is a US citizen by birth. She is 14 yrs old and living in India with us. She wanna go to US for studies as she is a minor she needs someone to stay with her. My question:
1. As a father can I apply visitor visa on the basis of her and how strong will be my case.
2. If it's possible to apply on the basis for her what all documents I need to provide and according to you what questions the counselor gonna ask.
3. If this is not possible what are the other ways for me going to US on the basis of my daughter considering she is a US citizen.
I have been working as Research Associate on an H1B visa at the University of Florida since July 29, 2020. My H1b was approved on June 12, 2020.
I worked as a Postdoctoral fellow from July 2015 to July 278, 2020 on J1 visa.
I am planning to visit India in the third week of December 2020 and I need to get H1B visa stamping done at the US consulate in India and I`ll be returning in January 2021. As you know that On Monday, June 22, President Trump signed a proclamation suspending entry into
the United States of certain nonimmigrants who present a risk to the U.S. labor market So
My question is that Am I subject to proclamation?
I look forward to hearing from you.
Warm regards,
HI Rajiv Ji,

First of all , thanks you for posting so many videos which I found very helpful.

Background of my case:

I lived in us for 6+ years (1999-2005), initially on H1B and then on GreenCard (Employer sponsored )
My son X born in US has US citizenship by birth and maintained till now
We returned back to India for good in 2005 due to some family commitments , I visited US twice on business visa in between
My son (X) now turning 21 in Dec 2020 is in India staying with me and will complete collage in mid 2022
I have another child ( minor -14 years) Y and is Indian citizen ( by birth)
And now we all want to immigrate to US

My Questions:

Can my son X sponsor I-130 for me while still in India, My cousin in US ( citizen) will be able to co sign as financial sponsor ?

How long will it take to get all processing done with GC in hand ? so that I can then sponsor GC for my Wife and my Minor child Y ?

How long will it take before my Wife and Minor son can get GC so that they can join me in US? Note : My wife needs to be in India with my Minor son as we can not lave him in India alone, that is the reason My Son X is sponsoring only me as first step.

Is my case straight or do i need professional services to file my case ?

Is there any other way to to minimize time gap in getting GC between me, my Wife and our minor son? It is also OK if they can come to US with me on some dependent or study visa ( if Possible)


The chronology of events is as follows, can give more information if needed.
(1) A MNC had applied for Green Card (EB-3 though position was eligible for EB-2) for me in 2007 and I have an approved I-140 and had also applied for I-485.
(2) I took an internal company transfer to India with the company 2010. The company converted the application from Adjustment of Status to Consular Processing.
(3) In 2014, I left the MNC. But the company did not cancel my pending application.
(4) The priority date has been current for the past 6 months. I checked with NVC and the application is not yet forwarded to them for allocating a visa number.
(5) I now have a confirmed job offer from another MNC from it's US office and the role is on the similar lines for which my immigration application was submitted but is at a higher seniority level compared to the application and the salary is also considerably higher than the approved I-140.

My two questions are as follows:
(1) Can I use the same application with the new job offer for continuing the Consular Processing?
(2) If not, if the new company has to restart the process, can they use the old priority date with and file a new application in EB-2? Will the new company have to file PERM?



New Member
Hello Rajiv ji.
My question is for a derivative/secondary beneficiary in regards to receiving H1B approval while working on EAD based on Adjustment of Status EB2 when the priority date is current. The forum is not accepting my question due to some technical or other issues, so I am attaching my question here.
Thank you! Rajiv K advice.JPG
Hello Rajiv:

My L-1A petition was recently approved, and I am an Indian citizen. My employer will be filing a EB-1C shortly, while I am still overseas, and before I can get my passport stamped (because consulates are not processing L-1A visas). A few questions:
- How prevalent are RFEs for EB-1C? Are they as prevalent as for L-1As?
- Does the EB-1C process become simpler, require less documentation or go faster if I have an approved L-1A petition?
- Can you give me a sense of additional documentation or proof that is required for the EB-1C, over the L-1A? My employer's attorney says the petitions for L-1A and EB-1C are nearly identical and no significant, additional paperwork is needed. Is this right?
- Given that filings for India are nearly current, am I now able to submit both I-140 and a request for consular processing simultaneously?
- If I can make these submissions simultaneously, please would you be able to give me a sense of how long I can expect the whole process to take (assuming there is no RFE)?

Thank you,

I'm currently working for a hospital on cap-exempt H1B. A private firm applied cap subjected H1B in lottery this year. It got picked and approved. Can I work for the hospital on cap-exempt H1B and for private firm on cap-subjected H1B simultaneously by having 2 pay stubs from different employers simultaneously?

If yes, will there be problem in future by doing two full time jobs simultaneously?

I got my green card on Oct 1,2020 under EB1 from employer A and employer A is the same employer who filed green card for me. I have another job offer from another employer B which has a very different job profile than employer A job.
Employer A job profile is full time job position for Program manager. This profile is in line with my Eb1 I140 application.
Employer B is a full time job position for business analyst. This profile is NOT in line with my Eb1 I140 application.

1. Can I work for both employers A and B? If yes, then will it create any issues during naturalization process? If no, then when can I work for other employers along with employer A or quit employer A completely?
Hi Rajiv ji,

I'm with same employer for the past 10 years and my I-140 was approved with Priority date April 2012.
Lets say my dates become current, I filled I-485 and got rejected, what will happen to my I-140? Is it still valid?

1. Can I use that I-140 to port my priority date to another employer or can I refile 485 again?

2. My employer is planning to file I-140 amendment for company name typo change. What will happen if the amendment gets rejected? Will my old I-140 gets rejected too?

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Hi Rajiv Ji,
I got my H1b Transfer from Company A to Company B , but Attorney applied for "counselor processing" instead of "Extension of stay" . So I got I 797B Approval notice on June 2019, my previous I 94 expired on Aug 09 2019 . I have realized that I dont have I 94 on my I 797B. What are my options ? I am planning on moving to new employer , can he file new H1b with I 797B ?

- H1b Approval Notice : I 797B [ Valid from June 2019- Nov 2021].
-I 94 expired on Aug 2019.
- What are my options ?

I filed a petition for my adult son, his wife and children under the family category over ten years ago. USCIS recently approved the case and sent it to the NVC (National Visa Center).

The issue is that the date of birth of my son on the I-130 form I filled out does not match the one on his passport. It is off by about 18 months, but it does not affect the family category. I filled out the I-130 form when he had no passport or birth certificate and I had to make an educated guess about his date of birth.

Should he use the date of birth on his passport when he fills out the DS-260? Or the one I filled out on I-130? If the date of birth is different on DS-260 than I-130, will that cause any problems with getting the visa?

Thank you,
Hi Rajiv

1) After filing I-485, what is the normal wait time for approval notice to get EAD and AP ( Advance Parole) by USCIS?.

2) When I-485 is pending approval, can we travel outside USA?

Thanks in advance.
Hi Rajiv ,

Thank you for setting up the community call and helping the users to get the answers and I've a query and hope you can provide me some insights on it.


I have started working in US with H1B visa for Employer A from Nov, 2010 (Petition is valid till Sept, 2012),
switched to employer B in August 2012 and worked till Dec 2016 and
later, I switched to my current employer C on Jan,2017 and working as of today on H1B visa ( my most recent approved H1B petition in Nov, 2019 and valid till Nov, 2022).

Recently in July , 2020, my previous Employer B received a NOIR due to one of my earlier approval of the Form I-129 petition(H1B)dated back on , 2011 .
As a response ,Employer B has requested to withdraw the approved petition and The petition 2012 has been revoked by USCIS as per 8 CFR 214.2(h)(11)(ii).

1.will that revocation of my previous approved petition affect my current H1B Visa renewal in future?
2. I've approved I 140 with Employer C ( after porting with Employer B priority date ) from Aug, 2014 . Will this withdrawal/NOIR affect my current GC process/ I -140 with Employer C or any?during filing I485 and later interviews?

Appreciate your Response

Hello Rajivji,
My daughter is 18 years now and we will be filing our adjustment of status based upon Filing date . We are not sure if the final action date will be current for my PD before she turns 21. As per CSPA rule we will get only 2 months . So quick questions

1. I have two I-140s one is from old employer and latest is from current employer . As I am applying from current employer so question is which
I-140 processing time will be subtracted from her age as per CSPA rule. ?

2. Will there be any issues next year for her changing the status to F1 from h4 as F1 is not dual intent visa and her I-485 is pending with USCIS ?
if you see any issue then what are the options for her ?

3. If we choose to use EAD and not go for F1 and if our final action date doesn't become current for us before she becomes 21 then what are the options she has at that time ? will there be any problem getting her F1 at that time ?

4. If we use AP to return to USA from abroad do we loose h1b and H4 status even if do not use EAD for employment ?
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Registered Users (C)
Namaste Rajiv Ji

EB-2 I-140 approved, and questions regarding "downgrading" to EB-3 with concurrent filing for I-485 (based on recent rapid movement for filing dates for EB-3 India)

With "downgrade" - I believe you have two separate I-140's in the end, one for EB-2 and another for EB-3 as the end result, with one I485 filed. Let's say we also request for EAD and AP documents for myself and my derivative applicants (spouse only):

a) Can I still continue to maintain our current H1B / H4 statuses, and also travel and re-enter using those statuses and may be even use it for H1-B change of employer in the future ?

b) At what point does the H1B and / or H4 status becomes invalid or void ? Is it tied to merely the possession of EAD and AP documents ?

c) Can the same PERM (which originally had the requirements for the job as per EB-2 minimum requirements) be used for for EB-3, since EB-3 minimum requirements are different from EB-2, typically more relaxed ? I understand that the beneficiary is automatically qualified for the EB-3, if he / she qualifies for the job requirements for EB-2.

d) If EB-2 PD happens to move faster in the future for final action dates, I heard about sending interfiling request to USCIS for using the EB-2 I-140 for the final action date for the pending I-485.

i) Is interfiling typically honored by USCIS, as I heard its just a procedural thing; not exactly a stated immigation law statute ? In other words, can it be relied upon in normal situation ?

ii) Are there any scenarios in which this interfiling cannot be done or would be rejected by USCIS and a person may be stuck with "downgraded" EB-3 petition ?

A couple of additional questions related to evidence requirements for I-485:

a) Do you need to produce a copy of every single old I-94, right from Day 1 when you first arrived in USA, regardless of how far that was back ?
b) Do you need the beneficiary FULL NAME on the birth certificate ? If only first name is recorded on the original birth certificate, how can this be handled or rectified ?

As always, Thanks so much for all your help Sir.




Staff member
My question was about my friend whose greencard has expired in 2018. Does he need to renew the greencard first or can he apply directly for citizenship (thus saving time and money)?
Also, he did not do his taxes in 5 years due to illness and lack of work so I was wondering if it's required to file taxes first before applying for either GC or citizenship. Would that be an issue?
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