March 05 2015, Video Recording available for Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
CALL DATE: March 05, 2015
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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FAQ: How does H-1 visa quota system work?
Hi Rajiv,

I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.

My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H1B visa is a bit complicated.

My question is, how does the quota system work for H1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H1B visa?

Also, Is it easier to get the visa if I am there physically in the US or it doesn't matter?

Your advise would be highly appreciated.


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Dear Sir,
I'm a US Citizen and would like to sponsor for my sibling; I would like to know:
1) After I file I-130, if the sibling passes away, what will be the status of such petition.
2) If Sibling passes away, Can I-130 be filed for their family?
Your response is highly appreciated.


Registered Users (C)
FAQ: What to do about naturalization/citizenship delay?
Dear Mr. Rajiv

My Citizenship Interview was held on July 8th 2013 (become PR 6/2007) and it is pending since then due to middle name issue. My Indian passport and documents in US does not have middle name, but my Birth certificate has listed my name along with middle name (there is no middle name section in the birth certificate, so they did not bother to mark it separately.)

So it has been approx. 2 years and I reached out multiple times about the status and so far I got an answer “Will let you know once the decision is made”. Also I have been told that they need to do another round of security check with my name, including the middle name.

Now, my company wants me to send me to Germany for some years (approx. 2+ years). I am not sure how I can proceed further. My wife and Kids are US citizens and they will have to move with me to Germany for couple of years.

I am concerned and confused about

1. My Green card & Staying # of days as resident

2. What can I do to keep DHS informed and getting approval for this trip

3. Will this affect my change of getting Citizenship approval

4. Please clarify and help.

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Registered Users (C)
Hi Rajiv,
I wanted to confirm whether the DHS/USCIS is make following changes in a similar manner as that made for H4-EAD recently. And is the timeline for all this is expected to be around Oct-2015.

1) EAD + AP after Immigrant petition/I-140 approval
2) Apply for Adjustment of Status when the priority date is not current on visa bulletin
3) Revoking the ability of the employer to withdraw I-140 once it is approved (as this is necessary to allow applicants to change jobs on EAD after I-140 approval)
4) With EAD and AP after I-140, one will be able to change jobs/employer, and carry on with the on-going I-140 petition to file Adjustment of Status with another employer.

Thanks a lot for your clarifications.


New Member
FAQ: Enter USA while green card is pending on B-1, B-2/H-1 visa
Hi Rajiv,
I am US citizen and planning to sponsor green card for my sibling.
My sibling has already visited US in B1/B2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -

1) Can my sibling enter United States on the same B1/B2 visa after I apply immigration application?
2) Can my sibling apply for renewal or new B1/B2/H1 visa while application is being processed?

Thanks a lot.
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Registered Users (C)
Hello Rajiv,

Thank you for providing the service.

My Status:
My Spouse is in 8th year of H1 B.
My Spouse I-140 from previous employer is revoked and currently have no I-140.
Perm is still in pending with current employer.
My Spouse current H1-B will be expiring on Dec, 2015.

1. I am eligible for H4-EAD ? if so what are the documents need to provide for proof of eligibility.?
2. If my H4-EAD gets approved, how long it will be approved (till Dec, 2005 or 2 years from approval date)?
3. Is Premium Processing available for H4-EAD?
4. Is the H4 person need to be in USA for the submission of EAD?
Hello Rajiv,

1) My GC application was denied in the PERM stage with EMPLOYER A, who is a direct vendor to a client. I am also their employee.
2) I am planning to stay with the same client, by joining another employer B, making Employer A as the vendor.

Is there anything in this H1B Transfer process, which is risky, considering the perm was denied.

For further clarity

Current situation : CLIENT => Employer

Future Desirable situation : CLIENT => Ex-Employer => Future employer

Thanks for your time.
Hello Mr. Rajiv,

I am currently on H1 B visa and my spouse also has a H1 B visa with I-140 approved.
1. Is this a good idea to surrender your H1 B and apply for the EAD?
2. Can i apply for the change of status with the EAD application?
3. If i file my change of status now, how long does it take to get my H4 approved (Normal timelines)?
4. My family is planning to travel to India in the month of may and me and my spouse are due to get our Visa's stamped, do i have an option of getting my H4 stamped when my spouse goes for her H1 stamping and will this automatically cancel my H1 visa?

Thanks for your Time.
FAQ: green card through two employers and future employer
Hi Rajeev

I am in a very difficult/complex situation, the situation is as below:
Have been on H1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I140 with priority date of June 2010 in EB2 category. H1 extension was denied last year hence had to leave employer A, now I am on H4 and will be soon filing H1 with employer B. I have following questions on which I am requesting your opinion.

Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I485 and that way I can then get the EAD and join him on EAD?
Q2. Further, do I have to be working with employer A on an active H1 visa to be eligible to file EAD when my priority date becomes current?
Q3. If Q1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel.
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I140 and process green card eventually without me working for him, because he is unable to find me any projects.
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B.
Q6. Do I need to be with employer A for my wife to apply H4 EAD based on my I140 with A (note that currently I am with employer B).

Your feedback will really help as although I have consulted other sources (including lawyers) there is no confirmed response on this issue which I have got. I have been working for last 10 years to get GC and don't want to loose it in the last stage.

Thank you for running this forum and providing us with this great opportunity to access your feedback on such important issues.

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FAQ: How to get a copy of I-140 approval
Hi Rajiv,
My I 140 was currently approved but the company is keeping the Original copy of I140 approval with them, also they are not giving me the copy of original. The GC is filed in EB3 and i have US masters degree and technically qualify for EB2 category. i was waiting to get my I140 approved and H1 filed so i can start looking for change of job who can file in EB2 with same PD.
How important it will be for me to have the original copy of I140 or how are the other ways which i can obtain this from the USCIS directly?

Thanks for your help

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I do not have any past or current criminal background or convictions, other than the one from 2010, while on H1B in 2010 I was arrested (spent 1 night) & fingerprinted for Shoplifting in California, the charges related to Shoplifting were dropped and the case disposition was of Trespassing PC. Also, I was given 100 hrs of Community service & 3yrs unsupervised Probation and to pay the court fees etc. However, the case was dismissed early under section 1203.4 in 2011.

Since then I've traveled in and out of US & have applied for my H1B extension as well quite a few times & have had no issues other than Explanation to Immigration officer at time of entering in US & on Visa Application. (I've been truthful on my DS-160 about the arrest etc.)

My employer a large MNC find my profile eligible for EB1(c), I'm currently in 6th year of H1B.

Sir, I need your advise on the following:

1. What are my chances of getting the GC ?

2. While filing the 485 on the question regarding the past criminal check/arrest, I want to be honest but what should I mention as the additional information so that I don't create more problem for myself than it really is there. and What additional documents will be required to be sent along with my application

3. While filing should I file i-140 and 485 concurrently or should I file one after the other ?

4. Will this in any way affect my spouse's application (I'll be filing for her as well.)

5. Can this have any impact on my employment though all my yearly background checks have been clean ? (As I've read that EB1(c) can only be filed by the Employer)


  • I am on H1-B , got approved my I-140 in 2013 through company -A . And it is still active now.
  • After the 1-140 approval I moved to another company -B.
  • In company -B Green card process not started but I have valid H1B in company-B.
  • Based on New rule I want to file H4 -EAD for my spouse.Can I use the approved & active I-140 from company -A ?
  • Is there any quota limitation regards to number of EAD's for this year ? Also any deadline by which it has to be applied ?

Thanks for your help which your are providing by conducting this great forum


Hello Mr. Rajiv,

Thank you for your service. My I-485 (based on EB-1b) will be pending more than 180 days by Mar 12, 2015. If I decide to change jobs at the time under AC 21 rule, assuming I-485 is still pending -
(1) does the new job description should be same as by definition of Eb-1b or should it match my current job description based on which I applied for GC in EB-1b?
(2) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
(3) Typically how long does I-485 approval take in Eb-1b case?

Thank you for your consideration and advise.
Hello Mr. Rajiv,

Being on H-4 Visa right now, can I work for my own Corporation? and if so, in what capacity (not taking any salary/compensation from it). I am planning to learn about the business process and market research through these activities before venturing full fledged.
What can be examples/roles where I can work as a volunteer for my own company? Possibly applying for EB-5 visa down the line. I would highly appreciate your response.
Hello Rajiv Sir,
We are indebted to your community service where invaluable advice is being provided on immigration matters.

I have an EAD/AP card which is expiring in 30 days. I have applied for an extension but USCIS is facing some delays regarding the extension of EAD/AP cards. I do have an active H1B with the same employer thru whom I got my EAD. Can I use that H1-B for working in USA beyond my expiration date of EAD. I recently visited India and came back into the country using my EAD/AP card. If I could use my H1B, is it as simple as filling a new I-9 with my employer OR should I go back to India and get stamping done.

As we understand, without an EAD, while we can stay in this country, our employments will be terminated. Would you suggest any other way to keep working while we get our EADs extended.

Thank you for all your advice.


Registered Users (C)
Thank you so much for your help and guidance.

I have a few questions regarding Tourist visa and H4 EAD rule

1. My mother has visited US first time in the month of Dec 2014. She went back to India in the same month i.e Dec 2014 after spending 28 days here in US and now she is planning to visit once again in the month of July 2015 after spending 6 month 15 days in India.

How difficult will be at port of entry if she is coming back to US in the month of July 2015?

My father is passed away and she is completely dependent on me. Is it possible for her to live with me until the validity of my H1 or any other option if you would like to recommend us?

2. I'm working for consulting company on H1B visa and I 140 is approved. My wife works for consulting company on H1b and completed five years on h1b and her employer is asking her to file Green Card. I heard that H4 EAD law has been passed. Will it be a good option to convert it from H1 to H4 EAD or she should start green card process with the current employer.

Which option (H1 or H4-EAD) will be more feasible and flexible in case of Job opportunities if she is willing to take a break for a year?
Sir - as a follow up to my questions above - If one can change job under AC21 rule in Eb-1b case, do you advise to change using EAD or transferring H1-B?

Thanks and sorry for the inconvenience.
Hello Rajiv Ji,

I have question about H4 EAD that after getting H4 EAD, can they apply for Advance Payroll for Travel purpose? If yes, can H4 candidate apply AP for their kids as well? Do you have any idea when they will allow EAD/AP for H1B who have approved I-140 but dates are not current?

Robert Mart
Hi Rajiv Sir,
Thank you for providing this services.

I am a US citizen,planning to sponser my siblings.There is a spelling error/ difference in our fathers and mothers name in our birth certificates. In My birth certificate our fathers first name as gopinadhan and mothers is rethnamma and in my siblings birth certificate it's gopinathan and retnamma and our last names are our fathers name so there we have the same spelling issue as well-my siblings has all their certificates and passport has the same name as their birth certificate . (my parents already visited US in the past and their passport has the same spelling as mine.)

Is this spelling error a problem when I file I-130?
What can I do in this situation to prove that it's a spelling error?
Or If we make changes only in parents name in my siblings birth certicates as in my birth certificate (gopinadhan and same as my parents passport)and leave the last name of my siblings as its(gopinathan)-will it be a problem?
What is best to do In this case?(it's very difficult to change the spelling in thier last name since they studied in different places and working in different country)
Kindly please answer my questions
Thank you so much for all your help and guidance.
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