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

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Hello Rajiv,
I am the principal applicant in my employment based immigrant visa petition. Since the priority date of my country of birth is not current, I was wondering if I and my wife could be charged to her parents' country of birth since her parents were visiting only temporarily at the moment. Assuming that I have enough evidence that my wife is chargeable to her parents' country of birth, can I and my wife use that country of chargeability? Note that I am the principal applicant and she is the derivative.

Hello Rajiv,

Our I-485 was pending for 190+ days with approved I-140 on EB2 (Rest of the World). I wanted to use AC21 and got job offer past Monday(5/4/15) with a condition to join new job by July-31, 2015. New job is exact corbon copy of old job. A lot of things happened in few days and need your advise on.

New Job offer Received = 5/4/15 (Monday)
I-485 (husband-dependent) = RFE issued 5/6/15 (Wednesday)
i-485 (primary- mine)= Approved on 5/8/15 (Friday)

With my (primary) I-485 approval, I wont need AC21 but I will join new job on 3rd week of July, 2015 (in 2 months). This two-month also includes 6 weeks of paid vacation which was approved by old employer about 6 months ago. So, technically, I will be working for old employer for two and half weeks only. Hence, I will be breaking that unwritten 6 month stay rule after green card approval without any hesitancy. Now my question is:

Q- For naturalization purpose, will the job offer and my intention to use AC21 (which i never used) be good enough to satisfy immigration officer?

Q.- Once we respond to RFE (I-485) for my husband, can I safely move with new employer which is located in different state or will it trigger more RFE due to address change? or is it advisable to wait until my husband's green card gets conclusion (this is a less preferred option)?

Thank you so much Rajiv.



New Member
Dear Rajiv ji,
My question is regarding Form I-765 for the H4 EAD application. My situation is:
1. I am on H1B visa since Feb 2005, and therefore fall under the Ac21 rule
2. I have an approved I-140
My understanding is that my spouse can file the EAD application under either of the above two categories. However, is it more preferable to file under one versus the other? For example, if she files under category 2 above (approved I-140), but subsequently the H1 holder (myself) changes the job, will holding the EAD in that category still hold? Especially if my previous employer revokes my I-140?

Thank You
We still do NOT have the updated i-765 form and instructions posted on USCIS.
Do we have any timeline when will the updated i-765 form be available with updates for H4 EAD rule.


Registered Users (C)
Working in India and maintaining my active GC status

I am expecting to get my GC this year.
I am planning to work in india for 2-4 years after I get my GC.
Question is how to maintain GC while working in India?
1. Travel to US every 6 months and return to India the next day
2. Will immigration at airport ask any questions if do Item 1 above for 2-4 years
3. if I get married in India, can my company or I apply for GC for my wife in F2A category?

Hello Mr. Rajiv,

First of all thank you for your time and consideration. My I-485 is pending more than 180 days. I have applied mine in Sep 9, 2014 based on I-140 in Eb-1b. I have watched your discussion on FAQ "How soon can I change employers after getting green card? on April 28th, 2015, and have the following questions -

I have received an offer for a position similar to what am doing right now and have recently accepted it. Right now, am working on transferring the H1b. Based on my previous communication, I understand that I need to submit AC 21 letter to INS when this process is done and if I am still waiting for approval of I-485. However, if I receive the GC during the transition phase, like sometime when I am serving the 2-week notice with current employer -

Do I still need to submit the AC 21 letter to INS or wait and see if they send an RFE and then respond?

What is is the risk involved - if I do not receive an RFE and I don't send the AC 21 letter voluntarily after receiving the GC during the transition time?

I appreciate your input and advise.

Thank you.


Staff member
In the Fall of 2013,I went to an university in US for my MS which was an unfunded offer.I thought after reaching there and enterprising,I would be able to secure some sort of funding after a semester or a maximum of 2 semesters.But due to the high competition in the university and lack of funds for MS students,I was not able to secure an assistantship or any form of partial tuition waiver.In fact,I also didn't see the probability of me obtaining any funds during the next year.As,a result I decided to come back to India as it was not possible for me to support my self for one more year financially.I was given an early withdrawal form by the university which I filled up and turned it in at the International Student Service office.I applied again for Fall 2015,and luckily was able to get a full funded offer.Hence,in the present scenario I am out of the US for 9 months.In the current scenario,I have the following queries,in which I wish to have your advice upon.

1) Do I need to appear for the visa interview again,since my visa had been stamped till 2017,when I went to the US in 2013 for my MS, or do I just need to pay the Sevis fees?
2) If in the event I am required to appear for the interview,will it be a problem for me to get a F1 visa again?
3) What should be the appropriate answer when I am asked by the visa offer regarding the reason for me coming back?

I would be eagerly waiting for your assistance.


Rajiv S. Khanna

HOST, Immigration.Com
Staff member
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

How soon can you leave your employer after you get your green card:

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
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.?.
How soon can you leave after you get your green card?
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