Recording Available, April 12, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
Staff member

Rajiv S. 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: 12:30 PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: April 26, 2018
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
Hello Rajivji,

My PERM has been filed but not yet approved yet and it will be completing a year in pending on April 15, 2018. I'm completing my 6 years on H1B on 30-Apr-2018
In the case that the PERM remains pending till April 15, 2018, how soon should the H1B extension be filled to get a year extension.

On other lines ,what is current Prevailing wage processing time duration.

Thank you for your help as always.



New Member
I returned back to my home country after using all 6 yrs(May2007 to May2013) on H1B. My I-140 got approved in Aug2017 while staying in offshore.
If I am not able to file H1 extension this year using this approved I-140 from offshore , will I able to able to file it even after May 2019
considering that 6 year period would have already passed by that time at offshore? Will I require New H1B after May 2019 or extension on existing petition can be taken
anytime even after May2019.Is there any rule that extension should be filed within specific period from offshore after I-140 approval?

Thanks for your help.


New Member
Hi Rajiv

I work for an in-house project currently. But recently my company got acquired by another company which will promote the same software product to US market and I will still going to continue working same in-house project.

With this situation, I am planning to go for H1B stamping on June 2018.

1 - In case my H1B visa stamping is denied in Chennai US consulate for some reason, and if my I485 (Priority date EB2- Mar 2011) because current while I am in India,

a) Can I file my I-485 (for GC) from India or do I need to be in USA only to file my I-485?.
b) Or do I need to shift my files to US Indian consulate for counselor processing only? If so what should I need to do?

2 - My priority date for GC is Mar 2011, and my I-140 already got approved and more now more than 180 days. Also now I crossed my 6 years in H1B long back and after that 4 years, I am on extension using I-140 and in USA for almost 11 years. If my H1B is denied in India, then can my employer file new H1B for me and is it cap - exempt or my employer need to apply via lottery system?

I appreciate your time and help.

Thank you.

Shobit Joshi

New Member

i had a job with company A. My I-94 expired in dec last year. My company A applied for Extension before expiry of I94. Later this application got RFE. But i got laid off from Company A and they said they wont reply to the RFE.I flew back to India on the date i got laid off.

In the mean time i got an offer from Company B. Company B filed for H1B under consular processing but got RFE too.

Now I am contemplating just applying for H4 visa stamping as my spouse has a valid H1B.

Is there any risk in applying for H4 stamping in india with my H1B applications under RFE. ? Could my H4 visa be rejected as intention to Come on dependent may be questionable?

Also if I ask my employer B to revoke the H1B application would that help with the H4 visa issue?

Upasna Suri

New Member
Hello Rajiv Ji,
I am in AOS status through EB3 category, my I-485 interview was done on Oct 18th,2017. I was asked to send more documents like I-485j, my current pay stubs, etc etc. I sent them immediately. Since then I have been waiting. I did not receive anything from them after that. I called National Service center three times since then and made three infopass appointments. All they tell me is your case is under review. Its outside of normal processing times and I did tier 2 call also, but always the same answer. Then I contacted the Congressman of my area and I have been working with a lady in their office who contacted the USCIS local office and again they sent the same reply to her that my case is under review. I don't know what to do in this case, keep waiting. Or any Immigration attorney can help to find out what is going on with my case. I have three dependents on me my spouse and my two kids. Their EAD will expire in Aug 21,2018. I don't know I should renew them or wait as its taking longer to renew the EAD cards.

Mr. Rajiv, please advise what should I do. My priority date is Aug 5, 2007.

Really appreciate your help in this matter.

Sanjay Mishra

New Member
Hello Rajeev Sir,

I am on E2 Visa (Visa for Australian Citizens only). My wife is on E2D (E2 Dependent) with work not allowed. She doesn't have SSN as well.
To work (paid work) she need to get work permit first and then look for work and then she can apply for SSN.
My question is: Can she work as an volunteer as she will not be paid, until she gets work permit?

Thank you


New Member
Hello Rajeev ,

My wife is on H4 currently and she intends to apply for jobs again.
She had an approved H1 from a staffing company in 2014. However, since she could not find a job we decided to switch her status to H4.

After that we started a family and she remained on H4 the whole time.
The approval expired last year.

My question is whether the same H1 can be enabled again if an employer intends to hire her.



New Member
Hello Rajiv,

I need an advice if waiver can be applied against 212(a)(6) C I. My father came to US over stayed on his visa and then returned back after 7 years in 2006. During that time he also filed immigration petition, basis on which he visited india but while coming back at port of entry his application was withdrawn. Recently in 2018 he applied for tourist visa and got rejected with letter tick mark against above rule. Please let us know if there is an opportunity we can file for waiver and how.
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New Member
My husband has his Perm application filed recently through his employer. I was wondering if it is good idea to get my Green card application filed through my employer too or can I be added to his existing application ?

Thanks a lot!


New Member
Hi Mr Rajiv,
I have a compelling reason EAD approved and have started working using that EAD and now i am in EAD Status. My Son will be graduating in 2021 AND IN 2020 ,He will turn 21. So My questons are
1.Will he be eligible to apply for F1 Visa from US directly when he reaches 21 years as he will age out and will be on a Dependant EAD (C36)
2.Will My Son Age out at 21 or will this dependant EAD ,which he has now offer any advantage.
3. When my Priority date becomes current after many years (its 2014) ,can any employer help me with new H1B so that i come again in H1 status and get my Green Card,without subjecting to H1B CAP as my I 140 is approved and i was in Compelling EAD in US all these years Legally.
Request you to please answer as not many attorney have an idea as this is entirely something new .


New Member

I know by USCIS law I need to carry my green card with me all the time like while going to office, shopping, library etc.
I think it’s risky to carry GC all the time and have fear of it getting lost.

When I will travel out of town or government buildings I can take my GC with me. But for other day to day routine travel can I keep my GC safe at home ?

My question is can I keep the notarized copy of my green card instead of original green card?

What is the maximum penalty I have to pay if random checked by immigration officer (very unlikely) I provide my driving license and notarised copy of GC? Is it very serious offense ?

Have you seen people getting into immigration(USCIS) trouble for not carrying original GC?

Do we have to do police complaint if GC is lost? If yes then can you please explain the procedure, and forms to fill.

Thank you very much.


New Member
Dear Mr. Khanna,

I applied for my I485 on April 2016 with my spouse and son as my depndents. My application is employment based. I got my green card approved on January 2017. My family application remained pending. I opened service requests and got response few times like you will get a decision in 60 days but it remained pending. I made infopass and the officer told me that my application is pending and with a officer in Texas and I should write a letter asking him to expedite with a reason.

I wrote a letter and once the officer got my letter he immediately transfer my case to Lee's summit MO, saying that the preliminary processing done and sending to other office and they will arrange for interview.
Then got a interview notice from NY and went for interview on September 11, 2017. The officer said she does not see any reason why the application came there. My family should have got it with me. But she gave us interview result as your case is held for review and you will receive a decision within 120 days. Then we asked if there is no issue then why it is being reviewed. Then she said I want to find out why it came here. You waited so long, wait couple of weeks.
It has been more than 6 months since and nothing yet. Can not make infopass anymore, keeps saying appointment not available since last 3 months. Got a reply to a service request which said we regret that we are not able to give you a time frame when a decision will be made.

My questuon for you is, should I take a help of an Attorney? Can the Attorney help in this regard? Do they listen to Attorney differently than the public?

Your response will be a great help in my decision.



Suresh Ranga

New Member
Dear Mr.Khanna,

My son turns 21 next year. I will be filing 485 for my family this year. If my son gets his greencard after turning 21, does he need to go out of USA and enter again for any formalities? Or my son could get everything done within USA itself?

Thank you


New Member
Hello Rajiv Ji,

I had the following questions on my eligibility for EB1C filing: I have been a manager in India within the prior 3 years and am a manager now in the US:
- My role is to get involved in the project from the initial stage until completion, with other managerial tasks as assigned. As part of the project I manage various tasks like workshops, deliverable co-ordination and provisioning, estimation etc. At the start of the project I am assigned with a set of resources(managers and technical resources) who would report into me during the life cycle of project execution, and would be released on completion. I do not perform their appraisals.

My question: For EB1C filing:
1. Is it compulsory that I should be doing the appraisals of my reports
2. Would the above mentioned reporting structure satisfy the requirements
3. Is it mandatory to have the reports in US or offshore reports would suffice



New Member
Hello Sirji,

I did my MS in electrical and computer engineering in US. I have a question about I-140 and Green Card Process.

I have an approved I-140 from my current employer A and it has been 180 days (priority date would become current in 2025). My PERM was applied in "software developer, application " position. In the PERM labour, you have to mention, jobs held in last three years . Employer A mentioned 3 jobs spanning last 6 years (two of them are with current employer A, one as team lead, second as program analyst. Third job from previous employer as network engineer and mentioned job duties like software field. Experience is all related to software engineer.

I want to move to employer B who is offering Network Engineer job position (duties are totally different ). If employer B files for new green card, it would also need to mention jobs held by me for last three year. Should I wait for three years and then file for green card as PERM would ask for experience related to the job position and I have shown software experience in my old PERM.

Would it affect my new Green Card process? Will USCIS ask for experience letters from my old employers?


Should I go to employer C after three years working with employer B as network engineer and start green card process with PERM for Network engineer?

I understand I will still be able to port my priority date with employer C, even though my employer A has revoked my old I-140. is it right?

Thank You, Sirji!


Registered Users (C)
I have recently became a naturalized citizen. My son who is 9 is currently overseas. The only visa he has is a tourist visa. I wanted to know what is the best and fastest way to apply for him. I know he is probably not qualified for a certificate of birth abroad because I became a citizen after his birth. Is there anyway that he can derive citizenship from me? I am the mother, the father is on the birth certificate but not a US citizen. Child was born out of wedlock. Thanks for your help!

Palak Dumasia

New Member
I have got NOID in my extension of my H1B. My 6 year of H1b is going to finish on 12th May 2018.

Reason:- I have done my Master at the Stratford University at FallsChurch, VA. This University is for Profit purposed. My employer/ lawyer had filed my H1B under Master Quota. But USCIS mentioning that I am not eligible for MAster Quota H1B.

What are my chances to stay here in the USA?
Can I filled my New H1b on 1st April 2018?
Can I go back to F1 again?

Immigration History
I came to the USA on F1 visa in August 2009
Transferred My school to Stratford in August 2009.
Master is done in Ausut 2009 (then was on OPT)
Filled H1b and approved in 2012
Got Visa stamp in India in 2014
Filled extension of my H1B Feb-2018 --> Got NOID about H1b ineligible because of University

Please suggest.

Thank you very much for your help and time.

Best Regard



New Member
Applied for 485 in August 2007, EB3. Received RFE in June 2017 for updated G325, I693 medical, Supplement J and we responded. Received letter for in-person interview. Interview went well and our case was not current by then. Received mail post interview that our case is transferred to TSC to balance the work load. Our case is current now and we received the same RFE again for updated G325 (saying that they have data only till 2007), I693 medical (that from Jan 02 2018 they need a new form) and Supplement J (again though we received the approval on the one we submitted last year). We are wondering what happened to all the updated documents we have provided as a response to RFE received in June 2017. Please help us to understand why they are asking again within 6 months of time. Thank you.
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