OBAMA IMMIGRATION ACTION - Video recording for Nov. 21 conf. call with Attorney Rajiv S. Khanna

Not open for further replies.


Staff member
Video Recording for community conference for issues related to Obama's action on legal immigration from 21 November 2014.

See more at: http://www.immigration.com/blogs/Obama-Immigration-Action

Next call : Dec 4, 2014
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 11 Am PM, EST
End Time: 12 Noon, EST

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.
Last edited:
Hi Rajivji,

I have I-140 approved with title as business system analyst.i was promoted as director and my company filed my H1b extension representing the title change. With the approved perm application,as the new immigration law mentions promotion is allowed as a part of normal career progression.is that true? And would that allow us to file I485.

Our company plans to move in next 2 years so while I wait for green card, does this allow us to use AC21 to allow the portability of my job to the new location.

Appreciate your help in clarification of my questions.

Thanks Raj
Last edited:

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
Hi Rajiv,
I had 2 questions regarding sponsoring of green card:

1) I am an US citizen (naturalized) and have submitted I-130 for my father's GC. Do I also need to submit my father's "Non availability of birth certificate" to USCIS at any point of time or will just an affidavit from a close relative work? I have already submitted the affidavit, but am unsure if I should initiate the NABC in parallel. My father is 77 years old and births were not registered at the time he was born.

2) Secondly, assuming my father gets his GC, can he sponsor GC for my sister (my father's daughter - my sister). She is unmarried, over 21 years of age. If so, does he need to provide an affidavit of support?

3) Lastly in the event of death of the petitioner, does the GC application for children also get nullified ?

Thank you for your help.

Sorry, this call is only for Obama' announcement yesterday and the changes in immigration policy, Reena ji. Normal community call is in a couple of weeks. I just did one yesterday.
I am H1b visa holder in 8th year of my visa. I have an approved I-140 and waiting for the dates to open up. Looks like the executive order is very ambiguous regarding the backlog issue. It only states that the process needs to be improved but doesn't say when and how. So is it up to the USCIS to decide what to do and when or did the order provide any specific direction?
Hi Rajiv,

I have a question regarding a term 'High skilled workers'. I see there is a new proposal to make GC process easy by applying I-485 and EAD anytime after I-140 approval for High skilled workers.
I am a graduate from US university working for big company but our employer sponsors GC only EB3. It is still in initial stage of labor. Will I loose something now just because of my GC process in EB3? Will the same rule apply for me even in EB3 also?

In short- Is this new rule of I-485 and EAD applies for EB3 also?



Registered Users (C)
Hello Rajiv, I have an EB2 I-140 approved with the company A with PD 02/2011. Now that company A has been purchased by company B (sister concern company. Company A is closed) and the company has filed my EB2 I-140 amendment which is pending. My question is with the new EO released yesterday by the President, will I be allowed to file I-485 or I have to wait till the EB2 I-140 amendment is approved?

Also, I have previously filed an I-485 filed in 07/2007 for EB3 I-140 which was approved and later revoked after issuing NOIR. That I-485 was withdrawn by myself per USCIS request so I want to know if I can REOPEN that I-485 or I have to file an new I-485? I have H1B approved status still 08/2017.

Also, please elaborate more in details about the EO that was released yesterday and how it will be beneficial to get the employment based GC.

Please advice. Thank you so much for all your community help!!
Hello, how are you? I dont have any kids and not married, I came to the country in May 2009 on tourist visa when i was 22 and i overstayed visa nd my dad is on h1 with i-140 approved his priority date is oct 31st and he is on eb2 category India. Do i qualify for administration relief? If not what are my other options than getting married to a citizen?
Last edited:


Registered Users (C)
Was just waiting for this call.
Okay, we have the announcement from Mr. President finally.

1. he mentioned to keep the highly educuated worker in US. But how we know what's in the order that will address this?
2. I am having MBA from a reputed college and working as a Business Analyst, My company has just started the LC process for EB2 GC. With this I see I will have the priority date of about lets say FEB 2015. And I see at present the priority dates for EB2 india are way back in 2005. How the executive orders and the mention by Obama to keep the talented people in US by streamlining and speeding up the process will help in reducing this 8 or 9 years gap to get the EB2 GC?

Any lights on the above on this call will help to understand the process and plan the career accordingly to me and many of my community members who are in the similar situation.

Thanks a bunch to immigration.com to provide the understanding of the immigration statues in a simple and easy to understood manner.


New Member
Hi Rajiv,
I first graduated in 2003 left the country after using my part of OPT. I came back in 2005 on F-1 and got job in Fall 2005 stayed on H-1 for four years and had a H-4 status for a year. Got back on F-1 again, graduated in 2013 and couldn't find a job and had to get into another degree program to keep my visa (F-1) status in shape. I have 2 US born children and its been 9+ years now and not able to get a sponsored job I have worked in my University as an International student. I am not sure if anything has changed since yesterday for my situation. I just wanted to mention the whole situation just in case you have anything new.
Thank you again
Hi Rajiv,

Does Obama's executive action helps wife of existing Green card holder in any way ? (Like getting EAD/AP without i-485 dates being current )

Also what new help is there for F1 students ?

Hi Rajiv,

1. Will spouses on H4 get EAD now?
2. I am a EB3 India with priority date June 2009 and waiting for 6 years now. I am 11 years in the country. Are there any good news for me so I can change job or start a business?
3. Will EB3 India 2009 green card become possible in 2015 with this reform?

Thanks for all you do.
Hi Rajiv,

I am working in L2 EAD. I have I-140 approved (sponsored by my employer) with Priority date August 2012. My husband's L1A visa and my L2 visa expires on March 2015 as we are completing 7 years and my husband's employer is not willing to sponsor Green Card. Yesterday's announcement says certain H1 visa holders (or spouses) with I-140 approval will get EAD. Will I or my husband get EAD as I am in L2 Visa? I tried H1 visa this april and it didn't get picked up in lottery.

Thank You.
Hello Rajiv
Thanks for this free community conference call .

I have ap approved I 140 with a PD of Aug 2009 . I am past 6 year of H1 and in extension.

With regard to the H4 EAD rule ; can my spouse work part time . Can my spouse change employers at any time while using the H4 EAD .Does this restrict the spouse to any particular Job area (like H1B LCA filed for specific Job Code / Profile ) .
Hi Sir,
I have two part question requesting you insight and advise:

1. Does the new immigration policy provide any relief for EB3 applicants (as in un-skilled workers) ? I have EB3 with priority date of Nov 2004. I am currently working for an employer on an EAD, but would like to know if the new policies help in anyway to expedite/ acquire GC any sooner.
2. If god forbid for any reason the I-485 is rejected in future, would the new policies help me to remain and work in US? I have been "legal" resident since 2002 (thus, assume I am not part of undocumented population), and have 2 yr old kids born US. Would the new policy for Deferred Action for Parental Accountability/ DAPA, help me and my family in this case?

Thank you very much in advance for you help and advise.
Hello Sir,

I am a US citizen. My husband took
voluntary departure 12 years ago and returned. Will he be excluded from this executive order?

Thank you
Not open for further replies.