Recording Available, April 06, 2017 Community Conference Call with Attorney Rajiv S. Khanna

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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: :
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: April 20, 2017
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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New Member
FAQ: Can a revoked I-140 help for H-4 EAD?
Hello Rajiv,

Question on H4 EAD. Do we have any more clarity whether the revoked I-140 can also be used to apply for new H4 EAD? My I-140 was approved in 2015 but I recently changed job (after Jan 18) and was looking to apply for my wife's H4 EAD based on old I-140.
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New Member
FAQ: How to change from Adjustment of Status to Consular Processing for green card

Hello Rajiv Sir,

I have an approved I-140 and a Pending I-485 (Since July 2007 Employment –Based Adjustment of Status Indian Passport Holder is submitted Application ).

Since presently there is very large backlog I decided to move Canada 2009 since I am Stay in Canada and now become Canadian citizenship.

How to switch to Adjustment of Status to Consular Processing?

How long would it take to switch from Adjustment of Status to Consular Processing?

How to inform to USCIS to change my citizenship Indian to Canadian.

My priority date is June 2006, EB3 India.

Thank You, Sir.
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New Member
FAQ: If H-1 transfer is denied, can I rejoin my old employer?

Hello Rajiv Sir,

Question around H1 Transfer:

I received my 3 year extension post 6 years based on approved I-140 (sponsored by employer A). I am in the 7th year of H1B and have a valid visa until 2019. I have an offer from employer B. I am told by employer B that they are going to do H1B portability and extension using my approved I-140 from my previous employer. Since the premium processing of H1B is going to be suspended starting April 3rd, my new employer B wants me to join them based on the receipt notice of the H1B transfer. I am also told that the risk I have in case of denial is I would have to leave the US and re-apply for an H1B petition from my home country.

From my understanding one can always go back to their previous employer in case of rejection of H1 transfer? Wanted to be certain of this before I join employer B.

Also, wanted to understand in the event that I have a denial and have to go back to my home country, will I be Cap exempt or will I be subject to the quota?

Thank You
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FAQ: Changing from H-1 to F-1 and back to H-1
Hi Rajiv Sir,
My H1B is going to end in 2019.
Is it legal to change my H1B to F1 after that, if I secure admission to a college in 2019?
In case I get admission to a college, and finish my studies within 12-16 months, can I again start with a new H1B and how many years will I get on that?
Just wanted to know if this is possible?

I am very new to this forum, and if this has been answered before, sorry to ask it again.

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EB-5 immigrant visa category

How we can get green card more quickly? How it works need more information?


I am on H1-B visa 8th year and I-40 is approved in 2013

I am working with India base company in USA, In my free time can I start business in USA ? if yes then what all precautions I need to take ?


Is any major change with green card and H1-B process after thump came ?


New Member
Hello Rajiv,

Thanks for taking time from your busy schedule to answer questions.

I am working with employer "A". I140(EB2) approved. Priority Date: July 25th 2009. Waiting for the date. FYI..current EAD date is 22nd April 2009.

Planning to move to new employer "B". Looking for options to avoid risk with GC as I am so close to the date. And knowing the fact that H1B premium is not there any more, H1B transfer will take anywhere between 3 to 6 months and GC (labor + I1140) will take min of about 6 months.

I am planning to request employer "B" to start new GC(EB2) process and H1B transfer in parallel.

1. Can I stay back with my old employer "A" irrespective of whether H1b transfer approved/rejected with my new employer "B"? I am planning to stay back with employer "A" until the labor and I140 gets approved with new employer "B" and move to new employer "B" ONLY after 140 is approved even after H1B transfer is approved.

If my GC date becomes current with employer "A" before I140 is approved with employer "B", I can finish my GC with employer "A" and then move to employer "B"?
This will help me in not losing the date during the employer change, if it becomes current.

2. H4 EAD: Will I be able to renew my wife's H4 EAD with old I140 (employer "A") after moving to employer "B"? Also as long as I don't port the date I should be able to use old I140 even though new I140 is approved with employer "B"?

3. Does the job description need to be same when I do H1B transfer. H1B title was "Software Engineer" for employer "A" and employer "B" filing for "Director".

4. Is there any mandatory requirement on how long do I need to stay with employer "A" after I get EAD with employer "A".


New Member
FAQ: Change of Job Description and / or Job Location on PERM and I 140

Working with Employer A - but the place of employment is the end client B (on site work at Client B location). PERM and I 140 approved. At this point, If I have to move to a different client C (Same Employer A - on site work at Client C Location) - in a different State - Same Job Title but different job duties / job description - Would that need to file PERM and I 140 one more time ?



Change of Job Description and / or Job Location on PERM and I 140

Working with Employer A - but the place of employment is the end client B (on site work at Client B location). PERM and I 140 approved. At this point, If I have to move to a different client C (Same Employer A - on site work at Client C Location) - in a different State - Same Job Title but different job duties / job description

1) Would this (Change of Job Description or Job Location or Both) need to file PERM and I 140 one more time ?

2) Is there any language permitted in the LC for PERM - such as "relocation upon completion of project" or "Job may require traveling / relocation across USA" - so that the PERM and I 140 does not have to be filed again ?


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New Member
FAQ: Fraud or misrepresentation findings in visa or petition, what should you do?

Hi Rajiv ,
I am on H1-b visa valid till sep 2018 , i came to india in november 2016 and applied for stamping of my visa here in new delhi consulate , they kept my passport and some documents and told me its in admin processing and will contact the client , as i was not working for that client during that time so they have rejected my visa after 3 months in january 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact.
I check My UScis online status of my H1-b says that my visa has been sent to department of state .

My Questions:
(1) Will I be ever able to enter USA ?
(2) How to remove this Fraud charges on me ?

Also I have a B1-B2 for 10 years in year 2011 , but that passport got lost in USA , i got new passport from Indian consulate there and then i was travelling in H1-b mostly ,
So never bothered to inform and re-stamp my b1b2 visa from consulate in india .

How can i get my duplicate b1b2 re-issued

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Lisa hernandez

New Member
My husband is a greencard holder with no conditions. Many friends of mine have been recieving notices to come to the Homeland security office in Nashville, TN. They are then being detained due to past Domestic assaults that were reviewed during their trials to stop deportation.
My question is my husband had a dometic assault dismissed in the past he received his greedcatd due to extreme hardship we have kids and I am disabled. Is this legal since we have went to trial once and won with the judge signing for immediate greencard which we got 4 weeks later or do we need to worry.

Amit Tyagi

New Member
Hello Rajeev Sir,
My priority date is August 2014 in EB2 category. Based on current statistics looks like it will take another 15 years to get green card until some miracle. My daughter is 9 years old and she is on H4 dependent visa. If i dont get green card when she turns 18, what will be the possibilities for her to continue higher education here in US.??

1) Does she need to go out and come back on F1 visa and further follow H1B route?

Second question: After my wife got H4 EAD we started a business with intention that we will make half a million dollars and then apply in EB5 category but now looks like they are increasing the limit from 500k to 1.35 million. My question is if we start any business here in US and able to reach to revenue of 1.35 million (not a profit of 1.35 million) ,Can we still apply for EB5 category?? or this should be 1.35 million net profit ?? and also does this whole money require to come from out side USA then only it qualifies for EB5??

Please advise sir..




New Member
FAQ: H-1 I-94 given at the airport for duration shorter than the H-1 approval, how to extend I-94?
Hello Sirji,

I have my H1 extension till 2020. I recently visited india and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - i got the I94 till Feb 2018.

Question : How do i extend my I94 ?

Option 1 : As first i am going to apply renewal of passport and then i will visit CBP office at airport and try to extend it.
Option 2 : If i change the job with same employer - Does h1 amendment will take care of new I94 ?
Option 3 : Do i have to file new H1 extension ? (though i recently got new h1 extension which is valid till 2020 ).

Also please let me know if there is any other option ?
Thanks in Advance
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New Member
Hello Rajiv Sir,

I have my EAD since 2015. I change employer January 2016 and submitted AC21 job portability requirement July 2016 when USCIS asked for a RFE. I will be changing employer again on April due to personal reasons. My question are 1.) Should I go ahead and send a supplement J to the USCIS or should I wait for an RFE since I am expecting my priority date to in current on May? 2.) Does multiple job portability affects my I-485 adjustment?

Thank you.



New Member
Hello Sir,

My spouse have temporary/conditional Green card based on marriage. She got it extended for another year without filling jointly. I am assuming that she have filled without my name. I am not sure if she used my name in that or not. My divorce proceeding is going on in India and we separated here. Following are my concerns.

1. Is it possible to request USCIS to cancel/revoke her petition since original petition was filled by me?
2. If I can not cancel the petition even if I was original petitioner. Can I inform USCIS some way that we are no longer together and she can not use my name OR details OR forged my sign if she had.
3. Is there any right I have as petitioner since it was temporary/conditional green card and I have a say on its renewal?
4. If she gets regular green card, will there be issue for me in future if I file another petition, like they might consider me as fraud?
5. Is there a way to know status of her current petition to remove conditions on green card?
6. What all documents I can object if they are used without my consent for this?

Thanks in advance for clarifying this doubts.



New Member
Hello Rajiv Ji,

My employment was terminated in February this year and I have a timely filed H4 COS before the last day at my previous employer. I am currently awaiting decision on my H4. I recently received an offer from an employer but I don't think they will be able to file for my H1B prior to the 4/3 premium processing suspension. Having said that, if the company files for my H1B, am I eligible to work on the receipt notice? If not, considering the time it could take for USCIS to adjudicate a decision on H1B, can I apply for expedited processing citing financial losses / unemployment. Is there any other approach that I can take to be eligible to work sooner?



New Member
Hi Rajiv,

I have few questions regarding TD (Trade dependent) visa for Canadian citizens.

Here's the scenario:
I have been with my boyfriend for since past 8 years. We both are Canadian Citizens and common law partners.
He got a job in US about a year back and has a TN Visa. Due to my job in Canada, I could not move with him last year.
I came to US about 3 months ago and have been living in US with my boyfriend as a tourist.
We are planning to get married in a month so that I can get a TD Visa and we can live together in the US till his TN Visa is valid.

1. Can we get married in the US and then can I fly to the nearest border to get the TN Visa? Or do you suggest we fly to Canada to get married?
2. Would getting married in the US now create any complications for me getting TD Visa?
3. Do we need to prove that the Marriage is In Good Faith? If yes, then what documents do we need?
4. What documents do you recommend I take with me (apart from our marriage certificate, his TN Visa and my passport).
5. Would the 30/60 day rule apply?



New Member
Hello Sirji,

I am on H1B in 10th year and I have 140 approved more than 4 years. With respect to new rule AKA 140 EAD regulations which were in effect since Jan 2017 - below question

Suppose i move back to India or any other country and staying there for couple of years and would like to get back USA on H1B with different employer.

Question : Does this new H1B with different employer is exempt (from yearly quota and lottery ) ? (as i have 140 approved and with new i-140 regulations )

Hi ,

I had a Question Regarding moving to India and possibility of Coming back and working later in 2 years. I am on H1B and my I140 was approved in January of this year. For personal reasons I have to move to India for atleast 6 months to year. My H1B 6 year term will expire in July this year Sir. If I take advantage of the 180 day rule and and resign from my job in July I would have almost completed my 6 years on H1B and then move to India. Can I come back in 6 -9 months if a new employer is willing to file H1B extension based on fact that 140 cannot be revoked now?

Does the new rule give me the freedom to move back and work in USA without having to file for a new H1B in the 65000 quota. Is this a safe assumption for me and can I go stress free and work in India for a year knowing that since my I140 cannot be revoked I can file for an extension after an year based the earlier approved I40. Ofcourse i will need a new job offer at that time.
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New Member
Hi Rajeev Sir,

I have my H1B Approved till 21st Sept 2017 from Employer "A" and Also I my I140 is approved in EB1 from Employer "A" which is current now for applying I1485 or consular processing outside USA.

Currently I am in India and I am laidoff from Employer "A" and currently I am working for new Employer "B" in India.
I have applied "B1" Tourist visa based on my Daughter is working in USA as non-immigrant visa.

Also I have been provided I140 Approved copy by Employer "A" and will provide the future employment letter.

My Question is

1) Can I Apply for I485 once I am in USA B1 ViSA?
2) If above question not within the law then shall I go ahead with consular processing with New Employer "B: letter during the consular processing.
3) which one is less risk I1485 or consular processing?



Registered Users (C)
Rajiv thanks for the community call.
1. I am perm resident and have applied for Citizenship recently. how soon can I start immigration petition process for my mother and father from India ?
2. can my unmarried physically disable sister who is 18+ join/accompany them during their immigration ?
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New Member
FAQ: How long can a US Citizen stay outside the USA

Hi Sir,
Thank you for your help.
My son is a US citizen and he is 2 yrs old. we have OCI card (Overseas Citizen of India) for him and it is valid till March 2020. He has been staying in India for the past 1 yr with his grand parents.
My question is
1. How much duration can he live outside US? Does US citizen have any limit for living ouside USA?
2. Also while his stay in India, does he need to report to Police station in every 6 months as he has a OCI card?

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