May 28, 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: June 11, 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: Can I travel While my H-4 EAD is pending?

  1. Can I travel while my Form I-765 is pending?
If you Already Are in H-4 Status
You may travel if you are in valid H-4 status and meet all the admission requirements, including having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could cause delays in your case. While you are outside of the United States, we may need additional information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny (NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence (RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the United States may also cause possible delays if we need to reschedule your appointment at an Application Support Center.

If you are applying for H-4 Status
Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also deny your Form I-765.

Hello Rajiv Sir,

First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.

I have a situation:

I am in my 3rd year of my H-1b status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.


1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?
2) How long will the petition will take to come to a decision (~estimate) ?
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?
4) ( Being positive but need to think the other sides of a same coin)What happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?

Thanks in advance,

Best regards,
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Hello Rajiv Sir,

Can you please answer below question:

1) I got my I-140 approved in April 2014 just before completing my 6 years of H1. I received a H1 extension for 3 years with the use of 140. Now after an year I want to switch employer to a full-time job. Will I receive 3 year renewal on new H1 petition and I-140, or will my new I-797 be valid for only 2 years (remaining time on 140) ? As I have already used an year.

Thanks in Advance,

Hi sir,
I was facing a big trouble as i was booked in petit larceny in new york yesterday that is may 16th and i was taken to police station and police took my photo and finger prints they gave me appearence ticket and asked me to come to court on june 2nd. Although it was unintentional and i tried to explain to the shop manager but they did not listned to me. As an international student on f1 visa i do not know any one hear on this land and i was too terrified about the situation. Theft was around 43$ and it was unintentional. Actually i booked my ticket to go to india tommorow that is may 19th for summer vacation but due to this incident i cancelled my ticket and was under great pressure. No one can help me here as i know no one here. Please help me with the following questions-

1. Can i go to india for 2 months for summer after the case and come back to complete my studies?
2. If i go to india after completing the case appearence date and pay fyne in court will it be a problem in the port of entry at the immegration check and us customs as this is a criminal record?
3. Will this record effect my life and career for entering in to the us and my further opt, H1 visas?
4. Although my deed was unintentional i cannot prove it as unintentional as i have no proofs to show and i walked out of store with the items not to steel them but to make a phone call and continue my shopping. What can i do and talk in court? This is my first offence.
5. Can i go and talk to the store manager and explain him about the situation and ask him to drop case against me? will it work? it is kmart store.
6. Will the kmart store people also present at the court on my court appearance day?

I was very scared for what happaned and i was very homesick but i cancelled my trip due to this incident and i have not informed my parents as they will be under too shock and stress if they got to know this. Please help me.

Thanks in advacne.

FAQ H-1 versus TN, which one is better (quota, duration, filing GC)

I am a Canadian Citizen and live in Canada. I am a Computer Engineer. I have had my business for 8+ years in a niche in IT. A small business in the US wants me to work for them in the US. I wanted to ask you -

1. Should I go for H1 visa or a TN Visa for me?
2. Since the company that wants to hire me is a very small company would it create an issue for either of the Visas?
3. Once I am in the US, if I want to apply for my greencard can I do so? For this would TN or H1 work better?

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FAQ: H-1 Quota exemption if H-1 already approved earlier
Here is the law: "Any alien who has already been counted, within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once."
Many Thanks for the community service calls and the information on the website.

I am an Indian citizen and had H1B expired visa with the following dates:
Issue Date: 26 Oct 2006
Expiry Date: 10 Feb 2009
Duration in US: Nov 2006 - May 2007 (6 months). I was in the US only for the mentioned duration.
Remaining duration: 2.5 years not in the US
No extension applied.

1) Is it possible for me to revive the H1B through cap exempt?
2) If yes, what would be the process to have the H1B approved to get a sponsorship through a new employer since I no longer work with the employer who had sponsored the H1B.

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Registered Users (C)
FAQ: How to maintain green card while working outside the USA
Working in India and maintaining active Green card status.
I am hoping to get my Green card this year.
I am planning to work in india for 2-4 years.
Question is how to maintain mg Green card 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
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Hello Sir,
I am working on H1B Visa with I-140 approved (EB3 Category) from past 9 years.My current H1 B Visa is expiring on Feb 26 -2016 & am trying to switch to new employer .
In this regard I have few following questions
1. Is it good time to change the employer now or wait untill I get H1 b extension next year.
2. If I switch how soon the new employer must file Perm Labor since I will be left with only few months on my H1 B visa.
3. If I transfer H1- B to new employer will I get 3 years extension based on previous employer I 140(Alive or Revoked) or will I get only till my current visa validity ie (Feb 26 ,2016)
4. If new employer apply for PERM labor in 3 months after joining and decision is pending can I get H1 b Extension for 1 year until PERM approved.



Registered Users (C)
Hi Rajiv,

I read your FAQs but I still am not clear on one matter.

If AC21 allows you to change employer after I 485 is pending 180 days then is it not ok to leave as soon as you receive green card AFTER I 485 was pending more than 180 and approved after 11 months especially if the job profile is exactly the same. ?

Thanks so much for your help.
Hi Rajiv,

I have the below queries. It would be great help if you could guide.
1. My 12 month OPT is getting over on June 1 2015. My H1B application was picked up in lottery and hence I am not able to do OPT STEM extension, per my school DSO my OPT has been automatically extended via CAP GAP.
If by any chance, my H1B gets rejected/denied now, can I apply for STEM extension?
Per my school DSO, there will be a 10 days timeline during which I should be able to apply for STEM extension but they are not able to confirm on that.
2. As I mentioned earlier, I am working for Employer A, while Employer B applied for his H1B. Is it possible to transfer the H1B to employer A before October 1 (before I join employer B)?

Thanks for your help in advance.
Hi Rajiv,

I have an IT startup. I have a friend who is Canadian. I am planning to bring him here as a consultant on a TN Visa as a consultant. I will also be filling for his greencard -
1. In order to file for his greencard, does he need to come here as my employee or can he come as a consultant.
2. Since I am a startup he is willing to work on low payment. Would this create a problem for him or for me? Is there a minimum that I need to pay him?
3. Since he is a consultant, he will not be on my payroll is that ok?

Hii Rajiv Sir,

Thank you for this community service. I would like your advice on following question for my Citizenship Application

I worked for a Company that sponsored my Green Card and kept working for them for additional 1 1/2 year after receiving my Green Card, but when I resigned they ran my pay stub for another 1 month which Overlaps the pay stubs for the Second Company that I joined after resigning the First Company

My Question is in N-400 Citizenship Form
Part 7 - Information About Your Employment And Schools You Attended

Question- What "Date To" Should I enter for The First Company who ran my pay stubs for Extra 1 Month
Should I enter the Date of Resignation or the Date till they ran my Pay Stub ?

For Example
Green Card Company Resignation Date 10/15/2011
Company Run Pay stubs till 11/15/2011
Company B Joined on 11/3/2011 (Overlaps Work Date from 11/3/11 to 11/15/2011 for Company B and A)
Hi Rajiv, very quick question.

I have a friend living in Iran for 3 months and am considering to visit him for about a week in October. Will this have any negative impact on my future green card process? (Currently h1b and no green card application filed yet).

FAQ: Priority dates revoked if the old employer revokes I-140

See my note dated 6 May on this page:
Hi Rajiv -

This is regarding the porting of I-140 Priority date while switching employers. Based on some of the news circulating on various immigration law firm websites it appears that in the below situation the Priority date will not be retained, can you please confirm if you are aware of this rule? I have been following your posts on this topic until now and I was under the impression that the date would be tied to a person for his lifetime as long as he has a valid job in USA.

- Employer 1: PERM & I-140 Approved. Priority Date 01/01/2014.
- Quit Employer 1 and switched to Employer 2.
- Employer 2 Started GC PERM & I-140 Approved, Meanwhile Employer 1 revoked the I-140 application.

In the above situation since Employer 1 withdrew the I-140 application before the porting, the old priority date is no longer valid. Is this true?

"USCIS Position on BIA Unpublished Decision on Loss of Retention of Earlier Priority Date of Approved I-140 When Employer Withdraws it"

Thanks a lot for your help.
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Hello Rajeev

I am in US on student visa, my H1B got approved this year and i got the approval letter.

Can i change jobs with H1B transfer before 1st October? Since the visa wont be effective until 1st October am i allowed to get H1B transfer to another job? Also, can i get it without stamping done?

Thanks for your help
Hi Rajiv -

This is regarding the porting of I-140 Priority date while switching employers. Based on some of the news circulating on various immigration law firm websites it appears that in the below situation the Priority date will not be retained, can you please confirm if you are aware of this rule? I have been following your posts on this topic until now and I was under the impression that the date would be tied to a person for his lifetime as long as he has a valid job in USA.

- Employer 1: PERM & I-140 Approved. Priority Date 01/01/2014.
- Quit Employer 1 and switched to Employer 2.
- Employer 2 Started GC PERM & I-140 Approved, Meanwhile Employer 1 revoked the I-140 application.

In the above situation since Employer 1 withdrew the I-140 application before the porting, the old priority date is no longer valid. Is this true? Is this official or is this still under discussion?
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Registered Users (C)
Dear Rajiv ji

I have an approved I-140 (EB3) from previous employer and based on that I did job switch to another company. They have started my labor process under EB2 and awaiting for that to get through. I have a few questions in terms of the porting -

1. As I understand, the status of old I-140 (still valid or revoked by employer) has no effect (detrimental) on the priority date porting. Is this a true understanding?
2. Is there a way to find out the latest status of that previous I-140? i.e. still alive or got revoked
3. I read at another forum that states the information below. Sorry it is a long paste, but I wasn't sure which one to cut off. Is there anything for the people porting to EB2 to be worried?

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Dear Sir,

I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement?

Thank you for your time.

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My husband got his I140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I140.He is in his 11th year of H1. Couple of questions
1) Can I file for H4 EAD?
2) My husband currently has NO I140 approved. While checking my application, will they look into his application and cause any issues to his present H1 extension?
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Registered Users (C)
Hello Rajiv,
Thank You for taking our questions. Appreciate your time. My question revolves around H1-B Amendment and the latest policy/rule that came up just few days. As we all know and if I am not mistaken this was the most greyest area in the immigration laws confusing the employers/employee and even the lawyers :) " To Amend or Not To Amend" when an employee changes his client location within the MSA/Commutable area. I believe with the latest policy/rule, if I have understood correctly , there is no need to amend your H1B if the employee changes the client location (say Client B) but within MSA area/commutable distance from the previous one where the H1B approval originated from (say Client A) if the role/job/duties still remain the same.
This is a big relief to most of us here.
Questions :
1) Now having this policy/rule around, how safe or confident should one be if we have to go for visa stamping in India if we are in in the above situation?
2) If we have the papers required but w/o the amendment, does the US Consulate are on the same page as the USCIS?
3) How safe is it for H4 stamping given the above scenario?

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