May 14, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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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
NEXT CALL DATE: May 28, 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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Hi Rajiv,

I previously worked in US on H1 for 6 months (in 2012), returned to India, resigned and came back after 4 months for my Masters on F1. I have graduated last year (Aug 2014) and worked on my F1-OPT an unpaid job initially for 3 months and got paid for next 3 months (same employer) and then switched my job (new employer) in March 2015. I am currently working full-time for a reputed employer since then on my same F1-OPT. My OPT expires in August 2015 and I am planning to visit India in June for about 12 days for my brother's wedding. I plan to apply for my STEM extension once I return. My F1 visa stamp is valid till 2018. My Masters and OPT related work are in the same field - Computer Science.

I do have my I-20 endorsed last week and I can avail an employment letter and all pay stubs.

My question is, would it be safe to travel on F1 OPT given the little time I have remaining on my OPT and also given my previous visa and job statuses?

Should I be prepared for any specific questions at the port of entry when I return?

FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues
Hello Mr. Rajiv,

I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that.
1) My mothers birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter.
2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate
3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has. Again he is not in a position to go to his birth place nor he is in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.
4) How soon can I apply for their green card once they arrive here.

I would appreciate your help regarding these queries.

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Greetings Rajiv,

My I-140 was denied in EB2 category with reason i am falling short of 5 yrs of exp. So my attorney said he will file the petition in Eb3 but my concern is in the certified PERM the minimum job requirements are MS + 3yrs or Bachelors + 5 yrs of exp. In my case the latter applies BS +5yrs since i don't have Master's degree but based on the previous EB2 I-140 denial even though if i apply in EB3 category won't the USCIS indicate that i am not fulfilling the minimum job requirement as stated in the PERM ?

What are the chances to get I-140 approved if re-filed in EB3 category?

If not what are your suggestions?



New Member
Hello Sir,

I am H1B since 2012 and my I140 was approved on Aug 2014 through my current employer. I am planning to swith job to another organization.

My questions are
1>Will my priority date be retained if I switch job?
I remember discussing the same issue on 16th April conference, but USCIS keeps going back and forth on this. So wanted to check the current status.
2>Assuming I change my employer, would it be advisable to file Perm immediately or would it be good to wait for 6 months to prove "Employer’s Ability to Pay"?



Registered Users (C)
Hi Rajiv,

My priority date has become current this month EB2. I have not received any information from uscis is yet. I do have my EAD is there anything I can/should do . I am scared that the date might retrogress again . What is your expert opinion. My date is October 2007 India.

Also I know have mentioned before that there is no safe time to leave the current employer after getting it but since It's been more than 10 months since 485 was filed will it be safe to leave as soon as I get it.?.
Hello Rajiv,

I am in asylum pending (before the interview), my husband is not related to it. He is an H1B employee and his employer is ready to help him apply for green card. Can I write my name on his I-140 for the green card? Which ever method give me the GC first, I will take it and cancel the other. Is that possible?

Really appreciate it!!!


New Member
Hello Rajiv,

I have been working on H1-B visa in the US for about 3 years now and I am visiting India very shortly to get married, as well as, to get my second H1-B stamped on my passport. Immediately after marriage, I intend to bring my wife along with me from India on H4 visa, i.e., after getting my visa stamped. I have a few concerns on her visa prospects due to the following reasons:

1) My fiancee came to the US on visitor's visa for the first time in 2010, where she stayed here for 6 months. During her stay she explored the prospects of pursuing her Master's in Engineering and had applied to a university in the US. She applied for extension of I94 in parallel but returned to India without using her extended I94, as she dropped her education plans.

2) The second time she visited the US in 2012, at the port of entry, she was asked if she was visiting with an intention to pursue studies, to which she denied. The immigration officer accessed her email and found an old email referring to admission into a university. Consequently, the officer told her to be careful and allowed her to stay for a period of only 30 days in the US (no remarks made in her passport), which she obeyed without fail and returned to India within 30 days.

Now that we are getting married, do you foresee any serious issues when she visits the consulate in India for H4 stamping?

Thank you,
Hi Rajiv,

Quick history: H1b for 2 years at a large financial firm, then transferred H1b to new employer which was a university (2 years also).

I am now contemplating of working for a financial startup (not a hedge fund or private equity firm) doing a similar role (finance, investments, strategy). However, the startup was started in the UK and has been around for 3-4 years with recurring revenues and stable clients. The startup wants US presence and US clients, and hence is starting a new office here in the US (so it will be a subsidiary of the UK company). So, of course that means setting-up a fresh LLC, setting up business banking accounts, etc. So the scenarios is that after the LLC is setup, the startup will apply for a transfer of the H1b.

Do you see a potential problem here? Especially in terms of establishing the ability for employer to pay my wages? Of course, they can provide papers from the UK, but will USCIS and DOL accept that? Also will they have a problem if I am the first employee of the new startup? What tips and advice do you have for a smooth process?

Also eventually the startup will file for a EB3 green card (especially now that the priority date has moved to Jan 2015 (ROW), but I think the best scenario will be to transfer H1b first, start working for the startup, and then file for green card couple months down the line. Do you see any other better scenario (apply for green card and EAD right away in lieu of H1b transfer, etc.)?

As always, thank you.

My wife was on F1 status from 2004 - 2007 and then on OPT for 1 year between 2007- 2008. She completed her Masters degree in Architecture during this F1 status.

Now, she is again on F1 status, from Dec 2013. Her I-20 is valid until Dec 2015. She is enrolled in certificate level courses in Architecture, at a different College.

Question is : Can she apply & get approval for another year or more of OPT again, based on her current F1 status ?

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Registered Users (C)
Hi Rajiv,

1st Question: Question on be half of my Friend

After getting Green Card - how long do you have to stay with your employer.

2nd Question : The Priority date of My I140 when applied by the first company in EB3 is Dec 2009 and After that i changed my job and when the second employer applied the I 140 the earlier Priority date was not considered and i got the New Priority date as Oct 2013 on my EB2 I 140.

Can i apply the 485 when the first I140 PD becomes current

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Hi Mr. Rajiv,
I first came to USA on L1B visa on 15-JUL-2009.
Went back to India as L1B extension got denied on 1-FEB-2013.
Applied for fresh H1B under normal cap on 01-APR-2013 which got approved.
Came back to USA on 08-MAR-2014 on this H1B, after staying outside USA for more than 365 days
My question is that as I have traveled to USA after completion of more than 365 days on a fresh H1, will that reset my clock giving me full 6 year tenure on H1B or I will get 6yrs minus previous stay on L1, as my H1 was applied before completion of one year in APR-2013
Please suggest in my case whether I have full 6 years of stay or 6yrs minus previous stay on L1?


New Member
Hello Rajiv,

I have couple of questions regarding EAD processing under L2 visa (dependent to L1-B):

1. I am planning to visit my spouse, currently in the US under L2 visa after applying for leave to my current employer in India (4 weeks or so). Once I reach US I plan to apply for EAD immediately and wait for 4 weeks (as mentioned) in case my bio-metric is scheduled. Can I come back to India during the processing time of EAD (after spending the 4 weeks in the US)? I mean will that affect my EAD processing? Will I-765 be decommissioned due to I-94 dependency? I guess not.

2. If I go to US under L2 visa after completing the bio-metric in India (during visa processing of course), is it going take place again in the US? Also I read in quite a few immigration help blogs that if I submit the application of EAD through papers (not online) bio-metric does not take place. Only in case of online filing it is mandatory. Is this true?

Avik Dutta,


Registered Users (C)
FAQ: Getting nanny/domestic help from India
Hello Rajiv,
I am contemplating getting a nanny/domestic help to the U.S. from India to help with the new baby. I would like to know if there is a visa that I need to sponsor or if the person can come on B1 visa. Ideally I would like the help to stay for a period of 2 years with me in the U.S. Also where can I find out about minimum wage requirements and other laws that pertain to sponsoring a visa.
My husband and I received our green card in Dec 2013.
Really appreciate your thoughts and insights on this.

Thank you in advance.
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Registered Users (C)
Hi Rajiv

I am currently in the US on L-1B status that expires on 9 Aug, 2015 by which time I would have also exhausted 5 years of physical stay. My spouse has an approved I-140 document that will allow me to apply for an EAD once I am on H4 status.

I had initially planned to apply for a change of status to H4 and EAD concurrently in May, 2015. However, I understand that USCIS is currently backlogged on H4 applications that are pending with them by over 6 months. This will lead to a longer break in my employment than expected.

Let me know if you think it’s a better decision to exit the US, obtain my H4 visa stamping and then reenter the US to apply for an EAD. Do you have any expected lead times as to how long the EAD processing can take.

Also, I am an Indian national- is there an option to get the H4 stamping done from Canada or any other country closer to US (than India).
Hello Rajiv Sir,

I am currently on H1b visa. I live in Baton Rouge, LA and I got DUI in 2013 but I got no conviction. I can not expunge my record before 2018 and they have my finger prints as well. My questions are:
1. Is it safe to go to India for H1b stamping?
2. Is there going to be any problem in h1b renewal process or PERM process in the future?

Dear Rajivji,
My I-140 was denied back in 2011 and was appealed to AAO without success. The employer did not consider my three year degree at that for filing of the PERM petition that resulted in the denial.

Recently I came to know that AAO is asking for Amicus Brief on I-140 appeal so that the employee is also considered a party to the appeal. I believe the employers attorneys followed a cookie cutter approach. Is there any hope for me to file an amicus brief due to the hardship that has caused me (loss of employment, income) etc due to the mis-interpretation of my case by the employer on resurrecting this old I-140? Is there any hope?
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Hi Rajiv,

We have applied for AP in April under EB category for traveling to India in June. In case we don't receive the AP , can secondary beneficiaries travel out of US while AP IS pending? My husband who is the primary applicant will be in the U.S.
Hi Rajiv,

Thanks for contribution.

I am working for Desi Employer,Priority date is May 6th 2010,with EB2.I am on First H1B renewal (one more year left on H1B) with I-140, after 6 years.
My Current employer ready to agree, he wont invoke I-140 for 1 and half Year.
Got an offer from Client,They are ready to file GC on EB2, Attorney is Fragomen.

I have Below questions,
  1. I need your suggestion, Is it good idea to change to full time at this time?
  2. How long it will take for H1B Transfer with current Trend(attorney saying 6-8 weeks)?.
  3. How soon the labor(Perm) is going to file from Client, side based on your Experience?.
  4. How long it will take to approve Labor and I-140 with current trend, if Client starts GC processing?.
  5. 2015 May 26th onwards USCIS accepting H4 EAD applications.If i file H4 EAD for my wife under current employer, after that H1B transfered to Client,what will will happen to her EAD?.
  6. If the Priority dates are current After transferring H1B to Client,who is going to file EAD (Current employer or Client)?. What are my options?.
  7. If the Priority dates are current After transferring H1B to Client,Lets say Desi Employer filed EAD. What are my Options?.
  8. Is it possible to transfer EAD to Client and how?.
  9. What happens if i-140 revoked?.

Thank you in advance
Hi Rajiv,

My I-485 has been pending for 180+ days with approved i-140 EB2. Recently I was checking all the documentation and found a blunder mistake on I-485 form. On Question # 11 of I-485
Q. Have you Ever been a J nonimmigrant exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?
Options- Yes or No

Unfortunately, I checked off NO to answer that question mistakenly. I first entered US on J-1 Visa (non-government funding, no scholarships) in 2001 and then went back to Nepal and converted to F-1 Visa on January 2003. I received J-1 waiver in December 2002.

The only document regarding J-1 residency requirement waiver that I have is :I-797 Notice of Action that states "The United States Information Agency, based upon a "No Objection" statement from the government of your nationality, has recommended that you and any members of your immediate family be granted a waiver of the two-year foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended. This recommendation only refers to the two-year foreign residence obligation which was incurred by virtue of your current or prior nonimmigrant status as a J-1 Exchange Alien"

Now my question is
1. Will this I-797 Notice of Action be sufficient to defend future RFE regarding this mistake?
2. Will I be in deeper trouble for not answering question #11 of I-485 correctly even though it was a sincere mistake on my part?
Thank you so much.
Roshan Sharma
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