Recording Available, April 20, 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: May 04, 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
Hello Rajiv !
my question is about Travelling during H1 extension is pending & attending VISA interview 2 months before expiry. I have looked at your answers from your previous community calls - but I was unable to find the latest information, considering the changing scenarios around Immigration.

my current H1 is expiring Sept 30th 2017. I am required to travel to India in June (gives me 4 months before expiry) or July end (gives me 2 months before expiry) and need to attend VISA interview for stamping. My questions are:
1. Is that risky to attend the interview if I only have 2 months left on my H1?
2. Do you recommend to file for H1 extension and travel or come back and file it?
3. If by chance, I am not given VISA at the interview, does my H1 extension still valid (if I am filing it before travel)?

4. If in worst case, nothing works - what could be my next steps, considering my husband is on H1.

Thanks for your time and suggestions !


New Member
Hi Rajiv Sir,

In 2008, again started GC process (labor, EB3 I140 (included me)). I-140 was approved in Jan 2009.
In 2014, again started GC process in EB2. I was included in the I-140, but the paperwork reached USCIS one day after my 21st birthday. So, when dates were current and applying for I-485, the employer contact person did not apply for me.

A week ago, my parents received their GC. What are my options now?

1) Can my parents apply now for me since I was included in the earlier file, though I'm 23 years old now?

2) Can they file an I-130 now?

3) any other options?

I’m currently on a F1 student visa and working on OPT EAD.

Thank you


New Member
FAQ: I-485 approved while outside the USA - travel on AP or GC
Hello Sri Rajeevji

1) Pending I-485 petition (AOS), AP&EAD approved and valid until another 6 months.
2) I-485 petitioner went to India, on approval of AP
3) While in India, I-485 approved on 29/3/2017 and Card received

Believed that I-485 petitioner can enter on AP.
a) Can she enter any time before AP expires or should return to USA immediately ?
b) Can her spouse carry her GC to India and can she enter on GC instead of using AP ?

Thank you
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New Member
Hi Rajeevji,

I am working on H1B on EVC model, I am planning to work from home but clients office address is mentioned in my H1B LCA, the distance between the clients office and my home is 8 miles and both addresses are within the same MSA.

I was wondering if I should I file for new LCA/H1B amendment ?. What happens during a client site visit ?.


Registered Users (C)
>>>>>>>>>>>>>>>>>>Merged Posts <<<<<<<<<<<<<<<<<<<<<

FAQ: H-1B 60 days grace period explained

Dear Rajiv Sir,

I am very grateful to you for answering the questions from us.

Lost job recently. Was working on H1B. I am trying to understand how much time I have effectively to find another job and have the H1B filed by next employer.

A) Is it necessary that the H1B “start date” in the I-129 petition be within the 60 day mark ( the grace period) from the last day of job in order for USCIS to grant H1B approval after a layoff?

B) Or is it sufficient if the H1B petition is filed within the 60 day grace period? What date is considered filed – the date of receipt for the petition or the date when USCIS receives the package by mail?



Hi Rajiv. In my situation, I am on my 7th year of H-1B, with an approved I-140 since Mar 2013 (so about 4 yrs). Because i'm an Indian citizen under the EB-3 category, I am nowhere near current. I was recently laid off from my current job. My employer does not revoke and i am still technically under employment for the next 3 months as part of my severance.

My 2 main questions are:
1.) in this case, how much time do have to find another job?
2.) to what extent am i allowed to travel outside the US? Can I travel over the next 3 months, but not once my severance runs out?

Thank you

Dear Sir,

Got laid off recently. After I find a new job within the grace period. When am I eligible to start working on H1B - after the petition is filed or after the receipt comes through email / paper?

I have a H1B stamp valid until July 2019. Because of premium-H1B-suspension, I would not have an approved H1B for as long as 8 to 9 months ( the current delay in California).

Using the valid H1B stamp for the last employer and receipt of a pending H1B petition, can I travel outside of the US ( to India) and re-enter? Can I travel to Canada ?

Really appreciate your advice.
Thanks a lot.
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April Wilson

New Member
FAQ: Joining an employer after green card approval

US Citizenship application Q :- Joined employer three months after entering usa on consular processing Eb3

Hi Rajeevji,

Thank you very much for your time.

I am Canadian citizen and was staying in Canada from Feb2008 to Nov 2011. From Canada I filed for CP eb3 with employer A and GC was approved for same employer in September 2011. I entered US in the mid of Nov 2011. Didn't join employer immediately after coming to US. I told my employer verbally and assure him that I will join him in 2-3 months and He agreed to it. In December 2011 went to India for two weeks(due to father's death anniversary). After coming back from India took a break (needed time to heal. Didn't tried or looked to join any other employer).And finally from February 2012 started working for employer A who sponsored my GC. I joined different employer in mid of 2013.

FYI--(I was in US since 2001 and worked for employer A from August 2005 to Jan 2008. During my stay in USA I was never out of status)

Q1) After entering US through CP eb3 in Nov 2011 and not working at all taking break and then joining GC sponsorship employer A. Will this gap (3 months) negatively affects citizenship application? Is it mandatory to join immediately? Can a new GC card holder legally stay without job for a while immediately after GC is approved?

Q2) Since I didn't work for employer A in 2011, in citizenship interview can they ask why you didn't join employer immediately after coming to US.

Q3) No taxes filed for two months in 2011(Nov and Dec) as not working and no income. In citizenship form, it is asked have you ever failed to file taxes? What should I say yes or No?

Many Thanks
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New Member
>>>>>>>>>>>>>>>>>>>Merged Post From Ramya <<<<<<<<<<<<<<<<<<<<<<<<<<<<<

FAQ: H-1B title "Programmers" and USCIS site visits

Hello Rajiv Ji,

Brief history - 7th year on H1, 140 approved.

1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 renewal?

2. Also in the same memo it said "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location."
........what does that mean......between my employer and the end client there is middle that in anyway related to what's stated above?

3. My most recent H1 is via COS from H4 and is valid till March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can i apply for change of status to H4 while I'm here or do i have to go back to the parent country and re-enter. Assuming that I don't need to step out of the country, how long does this process take...can i stay beyond the i-94 date with h4 AOS receipt notice while H4 is still in process?

My Present I-140/PERM Details:

SOC/O*NET(OES) Code : 15-1121

Occupation Title : Computer System Analysts

Skill Level : IV

Job Title: Senior System Analyst

I am not sure what Occupation Title and Job Titles are different.

I-140 is approved in 2013 and now I am planning to change my job, I read the above article which says that ‘Computer programmers/Programmer analysis – Occupational code 15-1131’ or similar will not have much scope in USA.

My present company designation is senior project manager, my new employer need to start my green card again. They have file my LCA as Project Manager III, They agreed that whatever useful for my green card, they will file my green card with same designation. Client will filed my green card under EB-2 category.

Question 1: What is best approach to file green card again with new employer, any job description or designation change will affect my new green card or create any problem to get I-140 priority date from old approved I-140? My friends told me that if any job description or designation will change in new green card application (Senior System Analyst to Senior project manager ) then USCIS will not give old priority date, is this true?

Question 2:

Should my new employer keep same designation (Computer System Analysts/ Senior System Analyst – SOC/O*NET(OES) Code : 15-1121 ) and job description which I have in present approved PERM/I-140? Will that be safe option?

Question 3:

As per article above Occupational code 15-1131 or similar will be not safe in future, can my new employer file as Technical Senior Project Manager? Is it safe to file green card under Technical Senior Project Manager with EB 2 category?

Question 4: Can you please tell me what is Occupational code is for Technical Senior Project Manager?

Question 5: In long term what is safe Occupational code to file green card, which will not have much issue in future?

Hope you understand my situation can you please guide me to right path …


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New Member
20-May-2016: Interview Date,

We received the 221(g) letter. Sponsors income does not meet 125% of the Federal Poverty guidelines.

Asked us to submit:


Documentation of assets claimed that allow petitioner to solely sponsor application for household size of 7.



Form I-684 from a new joint sponsor

Form -864A completed by the joint sponsor’s spouse .The spouse will sign as “Household Member” and the joint Sponsor will sign as “sponsor “. If the joint sponsor’s spouse does not wish to complete from I864-A, you must demonstrate that the sponsor’s sole income is sufficient to meet 125 percent of federal poverty guideline.

Provide one set of the following supporting documents

2015 U.S. Individual Income Tax returns (IRS From 1040) from the joint sponsor.

2015 W-2 forms from the joint sponsor (and spouse).(please consider this time lines)

…………09-JUNE-2016 ……………………………………………………………………………

We submitted the documentation of assets claimed and gone with Option A.

The cutoff date for visa category has retrogressed. And our petition is no longer current. They told us to contact us when your priority date becomes current.

Received the letter in response of our email as we contacted consulate that in Jan-2017 our priority date will become current again as per visa bulletin. And in December we submitted our new medical and pcc report with our passport in a hope that this time our visa will be issued.

Received the passport without visa and the letter stating that this visa file is under administrative processing. We will contact you after Administrative processing.

After a wait of 60 days we sent an email on 1 APRIL 2017 & We received the below reply.

We regret the delays associated with this case and appreciate your patience.

Your application remains pending under Section 221(g) of the Immigration and Nationality Act for mandatory administrative processing. Unfortunately, we cannot expedite or give an estimated timeframe. U.S. immigration law requires that additional steps be completed in some cases before a file can be advanced for adjudicative review. We appreciate your patience.

Please be assured once again that we will contact you as soon as the processing in your case is complete. You can also check the status of your visa CEAC


Consular Information Unit
U.S. Consulate General Mumbai

After a review of this case, Following are my questions.

1: CSPA child is eligible to enter in usa if Administrative processing is more than a year long?

2: Our visa fee will be expired on next 20-MAY-2017 do we need to resubmit the visa fees?

3: We have gone through option A but do we need to go with both the options, as on this 20-May-2017 we will complete one year after interview. Do we need to reply with new joint sponsor options before a one year of time frame?

4: supplemented documents were submitted on 9-June-2016. And since then our file is under administrative processing.

Interestingly our status on CEAC web site changed to READY since submission of new PCC and medical report(in DEC) but letter we received stated that it is on administrative processing both status are contradicting?

5 what’s the best way to follow up Administrative processing? As we have waited for 60 days to send an inquiry as per the online guideline. Is it good idea to contact LegalNet?

F4 VISA, 5-5-2003 is the PD, and approval date is 5-6-2009. Child DOB is 2-MAY-1992. Is he eligible as per this situation?

Please provide your legal guidance.

Warm Regards,



New Member
>>>>>>>>>>>>Merged Post from Payal<<<<<<<<<<<<<<<<<<<
Hello Sir,

I have gone through all the call in last few weeks but I am sorry i am not much clear about below queations.

I-140 was approved in 2013 and it was active more than 2 years.

Recently my employer revoked my H1-B and I-140.

Please let me know what all options I have , I am out of status right now. I am searching new job and H1-B transfer but I am not sure how much time it will take.


1.As my H1-B and I-140 are revoked then can I transfer my H1-B with other employer or I need file new H1-B ?

2. My wife also have I-140 approved with her company, Instead leaving on out of status should I change to H4 visa ? if yes then can I file H4 visa independently or we need to take my wife's company attorney or her company can only file it.

3. Can we file H4 and H4 EAD same time ? how much time it will take, tentative idea ?

4. if in move on H4 and I will get new job then can I transfer my H1-B with other employee and back on H1-B visa.

Please guide me what all option I have ?



Question on behalf of my sister Pooja


I used to work with Company A for 8+ Years in USA and then my I-140 was also approve more than 2 years and still my H1 B is validate till 2019

I came back to India 2 months back and changed the company after that last month they revoked my H1-B and I-140.

So my new company need to file my new H1-B and get into lottery or they can use my old H1-B (which is revoked) and get extension on it?


If H1-B is revoked in USA, since how long we can try to find job and H1-B sponsor legally, 2 weeks or 2 month or more than 2 months?

Till that time we don’t have legal status, do we need to change status? If yes then which visa we can move?

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New Member
Dear Mr. Rajiv Khanna,

I am a USA legal permanent resident who moved to India in 2013. This is my 3rd year outside of USA and I have my SECOND re-entry permit valid until May 2018.

I need to be in India until Dec 2018. Since the re-entry permit procedure take a period of 20 days minimum, I am thinking of just visiting USA (for a week) before my re-entry permit expires and NOT apply for a THIRD re-entry permit.
(1) If I do so, how long can I stay out side of the USA (without a permit)
(2) Are THIRD re-entry permits given only for 1 year period?
(3) Are there any other options for me to extend my stay for a 5th year without re-entry permit?

Please advise.
Appreciate your answers.
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I am working on H1-B visa with company A on new H1B approved till 2019. I am planning join my client and H1-B transfer is complete till 2020.

I need to do visa stamping, and if I will go with my present employee and get stamping done and then change my job to client. will my stamping will work with new job or I have to do visa stamping again after joining my new employee


If possible can you please tell me what all things I must take care in visa stamping, so that I will not face any issue.


Registered Users (C)
FAQ: Getting unemployment payments on H-1B

Dear Rajiv Sir,
I lost my job recently. I was working on H1B. I am staying in the US until my grace period ends or until I find a new job. Can I apply for the Unemployment Insurance in my state. I believe that is paid by the employer.

Thanks a lot.
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New Member
FAQ: Travel while H-4 EAD is pending

Can my wife travel to India and then back to the USA for a period of 12 days while her H4 EAD application is pending? Based on current estimates of processing times we do not estimate that her H4 EAD will come before the first week of July. We will be back to the USA in the first week of May.

Thank you very much for your help. Regards.
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New Member
I am working with Company A – H1 B is valid till 2019, SOW is till April 2018 with client (XX Info system)

I am planning to join company B who is my client (XX Info system) in Jun 2017 and they already transferred my H1-B visa which is valid till Feb 2020.

If want to go to India and I have to do visa stamping.

Question 1: Do you think that this is not good time to go to India for visa stamping?

Question 2: if I will do visa stamping with company A then same visa stamping will be useful after I change my job and join company B client (XX Info system) or I need to do stamping again with company B?

Question 3: it will be better I should wait till I join company B client (XX Info system) and go for stamping as I am planning to join them as full time ?

Kindly guide me.



Registered Users (C)
Hello sir

My father-in-law just came here on a valid visitor visa via JFK. He followed the computerized passport scanner system and gave the paper output from the system to the customs agent but the customs officer did not stamp his passport with any entry or exit date.

Is this some new process or should we follow up with DHS and if so how?
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