Recording Available, April 07, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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Hello Rajiv,
I have two sets of questions:

Regarding H4 EAD:
My I140 is approved with company A and I have got H4 EAD for my spouse based on my approved I140. Let say I change my employer and join company B. If company A withdraws my I140 resulting in USCIS revoking my I140, what will happen to the H4 EAD? Should I assume that the H4 EAD is also revoked?

Regarding the new 'Modernization of Employment Based Green Card' rule which has recently completed the public comments phase:
1. How soon do you think this rule may come into effect? I understand it is hard to predict, but considering how the rules were passed in the past can we determine an approximate timeline?
2. Based on the current state of this rule, do you think we can plan assuming the rule will go into effect?

Thank you for all your help.


Staff member
My recent work contract ended in oct.2015. Currently not working

Currently I am on H1B visa.( Current visa still active- not revoked yet)

My Original H1B visa approved first time in oct.2011.

Right now I am out of status but my I-94 is valid till June2017.

Currently have couple of job offers.

The employer want to file new H1B.

My questions are

1)Filing new fresh non profit H1B or transfer of current H1B visa- which one will be good option for me.

( Medical center- employer who recently offer me position are not confident about transfer of my current H1B so they want to file new fresh non profit H1B)

2) If I recieved new H1B .- Can I go to Canada or Mexico for visa stamping / interview- Instead of going to India.

Which one will be best option

Lot of people told me that going to India will be always a risk - people may get stuck there . I have very clean employment record. What will be the risk for me to go to India for visa interview.
3) I belive if my new visa denied in Canada or in Mexico - I can still come to US - based on my I 94 and search for possible option or my lawyer can put motion with Immigration.

But if deniel of visa happen in India then I don't have any choice and I will stuck there

One more thing- From oct2011- till May2014 - My past employer kept me as Independant contractor/ I filed 1099.

Nobody know till May2013 that I should be on W2.

later We found out and I started working on W2 from June2013 onward till oct2015
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