March 19 2015, Video Recording Available for Community Conference Call with Attorney Rajiv S. Khanna


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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 19, 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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Question regarding tax liability as a Green Card holder:

I landed in US on Green Card on Dec 31, 2014 from Canada. I had no income from the US in the year 2014, all my income for 2014 was from Canada. As a Green Card holder, do I need to file tax return with IRS for year 2014, even though I was technically in the US only one day i.e. on Dec 31st, 14?

Q-1: Do I need to file tax for year 2014?
FAQ: Denial based upon immigrant intent, 214(b)
Denial of student visa

My F1 visa was denied twice for the reason 214(b). I have visited my uncle in
U.S for 6 months on a vacation.
My Uncle (U.S citizen) sponsored me for my both F1 (student visas) .On my
first appearance for F1 visa interview in chennai consulate my B2 visa was
cancelled by interviewing officer . Now i plan to appear for F1 visa with my
parents sponsorship.
Will there be any problem for me in applying F1 visa interview this time? .
Please suggest me things i need to take care before appearing my F1
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FAQ: Considerations for AC21 job portability
As advised, I have posted below my questions from last conference -

My I-485 (based on EB-1b) is pending more than 180 days. If I decide to change jobs under AC 21 rule -
(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) Do you advise to change using EAD or transferring H1-B?
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

Thank you for your time and consideration.
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Hi There,

My question is related to GC filing on EB2

1) I have 3 year degree(B.Sc-Chemistry)From India with 10+ years experience. Can I go for EB2,
2) If I have an edu/exp evaluation, will it be easier to draft the edu/exp section?
3) Do I face any issues with 3 year degrees and DOL/USCIS does even accept these degrees? So should I file the case as no education and exp only?
4) If I have to go for an exp only case (no edu), will it be EB3? how long does it take to clear the PERM?
Apologies. Here is the revised post.
Hi : I received my Green card (under EB13) more than 2 yrs 2 months back and since then i have traveled 4 times outside US due to work/short vacations. The trips were approx 2, 12, 4 and 8 weeks. A few of these trips were in the short interval of 2.5 months. The last trip (8 weeks) I did was 6 months back. The total period outside US so far has been less than 180 days. Now due to some personal reasons, I need to be outside US for at least 1 year or so. I have been advised to apply for re-entry permit.I would like to know :
1) Do you see an issue in getting my re-entry permit of 2 yrs due to a few brief travels earlier.
2) What would be appropriate purpose for re-entry permit? Can i just say 'Family Obligations'?
3) What would be the length of trip? The system asks to enter in days. I would like to be there for at least 1.5 years but can come early if family situation improves earlier.
4) Can i change my company in India? Alternatively, if i continue with the current employer, do i need to get the deputation letter from company that i have been transferred to India?
Hi, Rajeev Ji

Is it possible to use old unused H-1B without spending one year outside US while in H-4 status in US for 1 year?

I was on L-1B status from Dec 2007 - Dec 2012.
Applied for L-1B to H-1B COS with different employer in April 2012 that was active from Oct 1st, 2012. After approval of H-1B, my L1 company applied for L-1B to L-1A COS in the same year to start L-1A status from Oct 1st, 2012. This L-1B to L-1A petition was approved and then I continued on L1 company on L-1A till March, 2014. That means, I never used and joined the H-1B company. I went to India on March 3rd week of 2014 for 3 weeks and came back to US on H-4 Visa using my spouse's H-1B. That means I was on H-4 from last 1 year.

Now, Is it possible to file Cap-Exempt H-1B while I am in US considering spent time on H-4 without staying 1 year outside the US?

Thank you


Registered Users (C)
Hello Rajiv,

I got my I-140 approved last month.
Planning to apply for H4EAD for wife starting May 26.

1) If i change the job and transfer my H1b to different company after my wife gets EAD, will her EAD remains valid ?
And will it remain valid after my previous employer withdraw approved I-140 ?
2) If it will not be valid, is USCIS going to send letters to H4 telling that there EAD is revoked ?

My H1b is expiring is September 30, 215. If i apply my H1b extension, wife H4 extension and her H4 EAD together on May 26 with premium processing (for H1b).
3) Will USCIS officer process the H4 EAD application at same time ?
OR they will process the H1 and H4 extension first and then they will take normal processing time (3 months) to process H4 EAD after that ?

Hi Rajeev,

Though I got my H1B visa stamped in November 2011, I was in USA only for 5 months i.e.from Dec 2013 to May 2014.
My H1B expired on September 2014 and presently I'm in India.
My employer is now planning to apply for L1 instead of applying for new H1B using previous Quota.


1) Is it not possible for my employer to file cap Exempt H1b (using expired 2014 H1B) as I'm still with in 6 year quota period?
2) Is Filing of cap Exempt visa is possible only if I posses valid H1B?
3) In case if I got L1 and fly to USA, then can another employer file H1B by using the expired 2014 H1B ?, If Yes till when( year) I will be eligible for cap exempt H1B by another employer? let's say 2016 or 2017.
4) In case my L1 didn't get approved from present employer, can another employer from USA file for H1b (quota exempt in 2015 or 2016) while I struck up in India?
5) Does previous payslips mandatory while filing for H1B from India using previous year Quota? Can I provide W2 instead of payslips?

Hello Rajiv Ji

Namaste. This question is regarding EAD for H-4 eligible spouses. Principle Applicant - I - 140 has been filed and approved. H1-B extension (beyond 6 years - 3 year extension based on I - 140 Approval) and H-4 extension both approved for me and my spouse. (I - 797 received - but current VISA stamps are expired)

We would be planning to submit I - 765 for EAD after May 26 2015 - based on new H-4 Eligibility Rules. But we are planning to travel to India for a family function by end of June 2015 - and would also be making a consular appearance in India for getting our H - 1 B and H - 4 VISA stamped.

As there is no premium processing for H-4 EAD - would it OK to make this travel - while the I - 765 may still be pending for a decision with USCIS ? I have always heard that it is not advisable to make any international travel - when you have anything pending with USCIS. Please share your expert thoughts.

Thanks so much, Sir.
Namaste Rajiv Ji,
I am an admirer of you for extending this service to the community.
I have two questions; I am posting them separately as two comments. First one is here:

I am a H1-B employee at USA with 1.5years of H1-B time spent. My would-be spouse has a Bachelor of Commerce Degree(3year) from India; she is also a Chartered Accountant registered with ICAI, India. I am trying to find means for her to get work authorization in USA, after we get married :
1. As a 3 year degree holder (not considering her CA) would she qualify for a H1-B visa education requirements?
2. Would a CA from India (given she appears for and clears equivalent examination (CPA) in USA) plus her BCOM degree qualify her for H1-B?
3. If my employer files for my green card and I get my I140 approved, would she get EAD with her H4 or would we necessarily have to wait for me to complete 6 years on H1-b to get her the EAD (my employer's immigration attorney - a very respected firm - advertised the H4 EAD criterion this way)?

Amit Ranjan
Hello Rajiv Ji,

Here is my second question; this relates to my qualification for EB-1 international manager category:
I currently work as a technical function leader in a product development cycle with several functional reports. I am based out of United States but may get opportunities to travel outside of United States for business or personal.
1. I was told by the immigration attorney for my organization, that any time I travel outside of United States (business or personal), I accrue time which can be used for the ' international managers -1 year out of past 3 years of working outside of US with the same company- rule. They also said that me continuing to be on payroll of the US company and not the international subsidiary, does not hurt this time accrual. How accurate are these statements?
2. All of my functional reports ( I do not have direct reports but I influence their ratings) are based in United States not outside. Would I still qualify for the International manager category?
3. Is there any other problem you can foresee with this approach?

Amit Ranjan
Hello Rajiv ji,
My wife is on EAD (AOS - pending) based on my primary I-485 applciation. I have got I-140 NOIR notice,I have responded but still waiting for USCIS's response. Meanwhile, I am planning to apply a new H1-B for her under the new quota.
I was told that she may need to go for consular processing. Can you please respond to below questions?

1) Will accpentance/Approval of H1-B adversly impact her EAD?
2) If yes, ss applying for consulate processing safe for her EAD status?
3) What will happen if H1-B is approved after GC is approved (if I am lucky and get the NOIR cleared).

4) Also, I am on H1 and on 9th year of extension. if My I-140 get revoked, will she get H4-EAD based on my 6+ years of H1-B even without a current approved I-140?

Thanks in advance,
Hello Sir,
Currently working on H1B. I have M.S degree from U.S, working with same company for 3.5 years (started as contract employee 2.5 year after was hired on direct), have 1 year of experience in India also. My employer initiated to file for GC process, but according to employer's lawyer since the job requirement is not for M.S degree or 5+ years of exp they can't file for EB2.
1. Can i start the process with EB3 or later on may be 2 years from now when i get promoted then transfer to EB2?
2. Or should i wait for promotion and then file straight to EB2?

Hello Rajiv Sir - I am on H1 visa since October 2008 and my wife is also on H1 since December 2013. As per new H4 EAD visa rule my wife is eligible to get an EAD card.

1) Can we apply for H4 (change of status) and EAD together?
2) If she can apply for H4 and EAD together...She will received H4 approval & EAD together ?
2) How it will impact on her current work status?

Dear Rajiv:

I have below 2 questions, with regards to filing H4-EAD.

1) I have approved I-140 in EB2, In form 765 question 16, Please let me know, what is the letter and number I need to mention under eligibility category while filing H4-EAD for my spouse.?

I read the document "Who may file form I-765 to find the eligibility category for my case, but i am not understanding it clearly.

Also, what are the supporting document I need to attach with Form 765, while filing the case.
Like any below Supporting documents will help?

a) Do I need to get a letter from my employer that I am in H1B visa with I-140 approved and working for so and so date?
b) Copy of my I-140 approved?
c) Recent 3 month pay slip?
d) Approved I-797 of H1B Spouse
e) Approved I-797 notice of H4
f) I94 of H1B and H4
g)Marriage Certificate.

Any other documents you think will support the case?

2) Can I use USCIS Lockbox facility to file I-765 for H4-EAD?

I appreciate your help.

Thank you in advance.
I am working for an employer X and got an offer from Company A and initiated H1B transfer but got RFE and yet to respond to it. In between I have received better opportunity with company B. Now I am planing for transfer to company B. I have valid stamped visa with employer X. I am interested to join company B. I am still part of company X.

in this scenario,
Q1) Can I apply for H1B transfer to company B while company A's H1B RFE is yet to be responded / in process? Any issues in applying visa transfer with company B?
any information I should be sharing with company B wrt Company A's H1B - Do I need to share any paperwork related with company A's visa transfer?
Q2) what if the Comp -B petition approved last? and company A petition approved first ? is that legal or I need to do anything else with respect to be working with company A?
Q3)what if the Comp -A petition approved last? and company B petition approved first; can I start working with Company B and be part of company B? Does last action rule applies here?
Q4) even after rejection of both petitions and if employer X has not yet initiated the revoke H1B, can I still apply for transfer with another employer?
Q5) One can join new company based on receipt? If negative decision (visa transfer declined) comes for H1B transfer; what are the options left incase of valid I-94 and visa stamped? Will I be out of status or company can re initiate H1B transfer (new) and can still continue working with the employer?

thanks a lot for your response.
Hi Rajiv,

What is the procedure to apply for AC21? Do we need to hire a lawyer to file it and is there any costs involved? I would also like to know what documents are needed for submission.

Thanks in advance!


New Member
Dear Rajivji

Thank you very much for taking my question, and helping the community through your calls

I have a few question on the new H4-EAD rule. I have an approved I-140, so am eligible for the EAD for my spouse who is on H4. My questions are:
  1. We plan to visit India this summer (June 2015). By that time, the chances are that she would not have received the EAD card. Is it allowed to visit out of the country while her EAD application is pending?
  2. If the answer to question 1 is ‘NO’, Can she apply after returning from India? Or is there a ‘window’ when it has to be applied?
  3. Can she open a business AND work for an employer on W2/1099? Can she work for more than one employer and get multiple W2/1099s?
  4. If I move job after my wife gets H4-EAD, can she still maintain the EAD, as I have to re-apply for my labor. (I am on my 9th year in US and have received 2 H1B extensions)
Dear Rajive,

In 2010, I was working for a company 1 and filed for GC in EB2 and labor got denied and applied for EB3, it took a while to get the Labor approved, so i approached a new company 2 and company 3 to file GC for me on a future employment basis, and both companies agreed and filed the EB2 in 2010 and got the 140 approved. In mean time the EB3 got approved (with the priority date 04/01/2010), which was just in time for the EB2 I-485 in 04/2012.

in 2012, i approached the company 2 and 3 to port the date of EB3 and apply for the EB2 I-485, Company 2 agreed to do it, I-485 was applied, and i have received the EAD and etc, the agreement with the company 2 was, that i will be able join the company after i receive the GC only. I have applied for the EAD renewal in 2013 and got it approved for 2 years and now its time for another renewal.

In mean time, i was out of project for about 7 months and i could not join the Company 2 which filed my I-485, and i had work on w2 with the vendor company using my EAD and i was trying to become a full time employee with the client and client instead go the I-485 case details, now i found that the Company 2 who filed my I-485 has revoked the I-140 in 05/2014 with out my knowledge and it was approved on 08/2014. Now my I-485 has a revoked EB2 I-140 and active EB3 I-140

I have applied for the EAD renewal in Feb 2015 as it is expiring on 4/26, and it is about time to be approved. What are my chances to getting the EAD approved? Now i can take the full time employment with client and file AC21? will there be any issues with the I-485 applications? can we handle this kind of situation ? If my EAD gets an RFE or denial, i will be out of job again

Kindly suggest me next steps for me, so that i do not loose my job and have the EAD on time

Thank you for your time and consideration.