July 23, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Hello Rajiv,

Thank you very much for the help.

I have a PhD in biology and i am presently on cap exempt H1b for the last 5 years which is about to expire on September 2016.I have applied for I-140 on the basis of my expertise in biology in NIW Eb2 category.Assuming i get my I-140 approved this year I have few queries.

My questions are

Do I need to apply for a capped H1 if I apply for industrial positions in my field?

Can my approved I-140 help me to extend my H1 even if i move to industry based job?

I intent to switch from biological science to information technology does it affect my NIW-Eb2 I-140 ?

I am planning to apply for my capped H1 next year w.r.t. IT job and if i obtain the same does it help me to continue my stay in USA beyond the expiry date (september 2016) of my present H1?or I have to sacrifice my I-140 application and move to a new H1 category?

Thank you very much for the help and I look forward to talking to you over the conference call on Thursday.

Hi Rajiv,
My H1B petition was filed in 10/14 and was denied on 6/23/15. The I-94 expired in 12/2014. After denial my employer filed a new petition and it was Approved with I-94 with a validity state of 07/10/15.

1) Do I need to go out of the country and stamp new visa because of the 2 week gap after the denial and the approval of new petition? Please note that USCIS has provided I-94 with the approval. In the approval notice they have stated that the extension is approved.
2) If I need to get the visa stamped, can I go to Canada/Mexico instead of India?
2) Are there any repercussions when I am filing for I-485?
3) Will there there be any other issues with this that I need to be aware of?

Thank you for so much for your help!

hi, I have one query as your case seems to be same as mine. My husband is GC holder of USA. we got married in Dec2014 an he filed my i130, we got priority date as Jan2015. Is there a way I can visit my husband to USA on Diwali festival
hi, I have one query. My husband is GC holder of USA. we got married in Dec2014 an he filed my i130, we got priority date of Jan2015. Is there a way I can visit my husband to USA on Diwali festival in Oct2015

My H1 (transfer) was rejected on6/19/15 and that same employer is filing a new H1 (sometime next week with internal/in-house project). No MTR(motion) is being done.
1. How good is it to apply H1 with same employer and Internal project? what are odds that VISA would be approved if I have to leave the country and get VISA stamped.
2. What are the chances that USCIS would give I94? if they give I94 along with approval I797, do I still need to leave the country and get VISA stamped?
3. If USCIS doesn't give I94, what would be the VISA questions that VISA consulate officer might ask?
4. Would they ask about the 1-2 months of stay in the US and how that can be answered/justified?
5. Staying out-of-status in the US and without working in the US, are these any concerns in VISA interview?
Hello Rajiv,
my wife got an h1b visa and I currently have an H4. Next Monday July 27th she is officially going to be terminated from her current employer (Company A). On the other hand she is requesting a COE with Company B this week while on status. We are currently waiting on DOL approval and hoping to file the petition this Thursday but since Company B. My Question is: Does the Company A must pay her transportation cost to her country even though Company B will file a new h1b petition? What happens if DOL is denied and/or petition will be rejected? Who is going to be responsible for paying her trip back in all cases? Thank you so much!!!!
Hi Rajiv,
This is Durgesh. Last week we had a 15 minute conversation regarding my wife's case. She is in India and is planning for F2 visa interview. I have drafted an explanation for her case of selling alcohol to minor to be filled in DS-160 application on. My question is, is it advisable to mention words like "illegal work" or work in the explanation? because it is obvious from the case that she was working. Also, after that incident she never worked. We were so scared, that we never took any money from the employer (she worked for only 5 days over the period of three weeks, totaling 14 hours). Do I need to mention this in DS-160?
Hello Mr.Rajiv,
I have a question regarding EB2 Green card process - PERM application process time.
My H1B max out date is end of NOV 2016
I wish to join a new company now and they are ready to do my Green card process. If I submit all the documents in AUG 2015 is it possible to file the PERM Application in next 3 to 4 months that is before NOV 2015
Because, I would like to file my GC Process 365 days before my max out date (End of NOV 2016).
Can your firm "Immigration.com" process the PERM application in next 3 to 4 months approximately (NOV 2015), if all the documents are provided in Aug 2015?
Is it possible? Please advise.
Thank you very much
With regards
Hello Rajiv Sir,

Thanks in advance for all the help you are providing with the conference calls.

I am an Indian citizen, came to USA in 2007 for masters. I completed my masters and was on OPT and then H1 in different jobs.

In July 2014, my employer told me he 'might' revoke my H1 since I was on bench. After that I did not talk to him since he never answered my calls. I did not receive any revoking notice either.

I heard there is a grace period of 180 days without paystubs for H1, so I looked for jobs (At this point of time I still did not know for sure if my H1 was revoked or not). I found another job with a different employer in September 2014. The new employer filed for labor certification and told us he was filing H1. He kept saying the attorneys are filing H1 and it will take some time for him to give us the documents. After 4-5 months he said that they did not file for H1, which was a huge shock for us. We started to panic. My wife works and she has a H1. All of us (myself, my wife and child) came to India in April 2015, thinking I do not want any more H1 and I will apply for a fresh H4 from India.

Now, we are in India (my wife took a long leave from work) and I want to apply for H4. I just looked up in USCIS as advised by my friend and looks like my H1 was revoked on July 22, 2014. Please suggest what options I have. My intention is to get dependent visa (H4) and not work. What kind of documentation would be helpful in this case to carry to H4 visa interview? Since this is a new H4 application, Would the visa officer ask about my previous H1? If so, can you please suggest how I can defend myself? Are there any waivers available? Should I mention in DS form regarding this? Please let me know what I can do.

Thank you!
Dear Rajiv,
Thanks for all the help.
Is it fine to travel frequently to Canada or Mexico for work related trips after getting green card?
I work for a company in US which wants me to stay in Canada/Mexico for 2 weeks every month and then come back to base location in US for next 6-8 months.
Will there be any questions raised by USCIS during arrival(entry/exit) at US airport? My home address will be US and family is in US, Salary will be paid in US.
Will it impact my case while applying for citizenship?
Hi Rajiv,

Can my spouse (H4 visa) enter from different port of entry than my company location?

Can she land at any POE? If my work location is different from what mentioned in LCA, then do I need H1 amendment?

Do I need to have new LCA of my work location?

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