Recording Available, April 21, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Not open for further replies.


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 05 , 2016
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:
Questions from our Community Member:

I'm in L1B Blanket Visa (Petition valid indefinitely); to complete my 5yrs stay in USA on 10/13/2016 (including recaptured time). My I-94 is valid till June 2017. My employer has told me that filing an L1B B - L1A I conversion isn't possible for me now for a
proposed managerial role, because there isn't enough time, as procedures needed to be completed by 4/13/2016, that is 6 mths prior to my 5yrs completion, given the high rejection rate for such conversions.

They may be going per 8 C.F.R. ‘214.2(l)(15)(ii), but I'm finding different opinions on the internet, that most have a misconception about it. I qualified as a managerial level employee when I was promoted 3yrs back.

1) Is there any such deadline really for L1B to L1A conversion filing?
2) If yes, can premium processing help my situation?

I came on an L1B Visa in Oct 2011. The Visa expired on Aug 2014, with its Blanket petition valid indefinitely. My current I-94 (valid till June 2017) wasn't extended by my employer. CBP gave me this new

I-94 date at the Immigration counter of the airport port of entry when I returned after a vacation.

1) Can I resign from my current employer right now, & continue my stay in USA until my I-94 authorized date?
(I won't be able to work with them anyways after Oct 2016, when I complete 5yrs of stay in USA working under that L1BB Visa+Petition.)
2) Since LLC or C corp can be created as a non-resident, can I create an LLC that is setup "disregarded", & create my business under it?

Thanks & Regards,
Dibyendu Roy
FAQ: Is H-4 Visa needed after H-4 EAD approval?

Hello Rajiv,

Thanks for the community service. My wife has a valid h1b visa stamped till sept 2016. She applied for change of status(COS) and just received H4 visa and EAD, now she is planning to travel to India. Does she need to go for H4 stamping since her status has been changed from H1 to H4 or Is she eligible for drop box facility? Can you please share us what kind of documents are required for H4 stamping? Does she need to carry my documents as well like I-797 orginial, visa copy, Original W2's, pay-stubs since I'm not travelling with her?

Last edited by a moderator:
FAQ: H-1 cap exempt working concurrently for H-1 cap employer
This question pertains to changing jobs on an H1b from cap-exempt employer to cap-subject employer via a concurrent H1b.

I'm currently working full-time on an H1b at a cap-exempt employer that expires June 30th, 2017. In order to avoid going through the H1b lottery, I'm considering having the potential future cap-subject employer apply for a concurrent H1b visa, with a start date of June 30th, 2017, about 6 months before my current visa expires.

My understanding is that I have 60 days to join the potential cap-subject employer, so I could start anywhere from June 30, 2017 to August 30, 2017 and that the concurrent H1b visa would be approved for the remainder of H1b time that I have available, which will be 2 years, so my concurrent H1b should be good until June 30th, 2019. During this time, I'd have the future employer apply for a green card via EB-2 for me.

Would this be feasible? When I cease full-time employment with the cap-exempt employer on June 30th, 2017, can I still continue working for the cap-subject employer under a concurrent H1b?
Last edited by a moderator:
FAQ: Safe time to change jobs after I-140 approval

Hi Rajeev,
I am on H1B and my 6 years would complete on Jan 2017. My I-140 got approved on Jan, 2016, with priority date - Feb, 2015. I am not satisfied with my current employer and planning to change. Can I change right way or should I wait till 180 days from I140 approval. I am pretty sure my employer would revoke my PERM when I leave.

Thanks in advance.
Last edited by a moderator:
Hi Rajiv Ji,

I have a peculiar situation here .My Conditional Green Card is valid till 30th Sept 2017 . My wife(US Citizen) is Pregnant & her due date is around October 1st 2016. Due to unforseen circumstances ( my current employment being temporary , Health Insurance etc ) , Iam exploring Options of whether my Wife's Pregnancy Delivery could be done in India or in USA .

I had the few questions for you.

1) If the Future baby is born in India( I send my wife to India around Tenative 1st Aug or 1st July 2016) , will the baby be a US Citizen by Birth as per CRPA (Consular Report of Birth Abroad (CRBA) ) as per the following links .

Proof of the U.S. citizen parent's physical presence in the U.S. (This is not required if BOTH parents are U.S. citizens.) For children born to one U.S. citizen and one foreign national, the U.S. citizen parent will need to show five years of physical presence in the U.S., two of which must be after the age of 14. Examples of items that show physical presence are school transcripts, income tax returns with Form W-2, Social Security earnings history, pay receipts, passport entry/exit stamps in current and previous passports, etc.


Born Outside United States: If the child is born outside of United States then its US citizenship is dependent on the parents' status of citizenship. A child can become a US citizen by birth if:
One parent or both the parents were United States citizens at the time of the child's birth.
The child is born to one parent who is a US citizen and who must have lived at least 5 years in the US before the child was born, and at least 2 of those years should have been after the parent's 14th birthday.

these are my wife's Trips between USA & India when she was a GC Holder.

May 14th 2008(came to USA for first time ) - June 22th 2008 (till in USA )
June 30th 2009(admitted to USA) - 19th Aug 2011 (till in USA )
after 8 + months came back to USA on May 3rd 2012 -

May 3rd 2012 - 10th Oct 2013 ( was in USA b/n these dates)

April 07 2014 admitted to USA again ; Became US citizen in November 2014 ;

** (My wife's first 2 trips outside USA since she got GC were for more than 6 months & 3rd trip was for less than 6 months)

2) Ir-respective of whether future baby is born in USA or in India ,
do you see any other issues/constraints for me(Conditional GC) at the time of me removing Conditions on my Green Card.

Your Advise is Greatly Appreciated.

Last edited by a moderator:
Hi Rajiv ,

I would like to know if I will be eligible for a H1B exempt . Here is my situation .

Petition filed on on 4/26/12
Approved on 10/5/12
Employee resigned on 12/20/13
Approval revoked on 2/27/14 (status in the USCIS site ) -- hopping that this is employer initiated

H1B utilization : Not used at all and Visa is also not stamped .
Currently in USA in H4 .

I would like to know if a different employer can do a H1B exempt for me . Your advise will be really helpful .

Hi Rajiv,
Subject: H4 and H4 EAD
I have my H1b extension in premium coming up in Sept and my wife is a Full time employee on F1 OPT which is till July 2017. We were looking into the possibility of her filing concurrently with my H1b extension in premium but as there are no specific rules will that be a good option?
We are also expecting and she might have to take leave from the job sometime in late dec. Wondering if we should look for that window if she can get leave of absence from the job.
Company policy is to terminate you if your OPT is not valid and it depends on the mgr if they wanted to rehire you again after you get H4 EAD.

In summary we are looking for an option where no or minimum gap in employment could be achieved
Hi Rajiv,
Subject: H4 EAD with employer change.

Currently I am on H1B with an employer for the past 6 years. Based on my I-140 spouse got H4-EAD which expires on march 2018.
1.)Lets assume previous employer revoked my i-140 after changing the employer. What happens if I did not have approved I-140 from
new employer by the time she needs the renewal?
2.)If my previous employer does not revoke the I-140. Is my wife eligible for H4-EAD renewal even though I did not get the i-140 approval from
the new employer?

Appreciate your advise and Thanks for your time.
FAQ: PERM-based green card through relative-owned company

Hello Rajivji,
I am on h1 , i140 Approved. My wife has H4 EAD.

My wife would like to start a IT Consulting company with her friend (Green card Holder). my wife will be one of the partner for the IT consulting firm.

1. 8 years down the road when my EB2 date is current. If i transfer to My h1 to my wife's company.
Will i be able to acquire a green card from my wife's company.
Last edited by a moderator:
Hello Rajiv,

My wife, in order to perform a h1b "transfer", suggested to her new small company to hire the same attorney that successfully obtained her previous h1b visa. My wife, considering the position offered was extremely similar to her previous job and the attorney already had a lot of documentation on her, she thought that choosing the same attorney would have facilitated the process.
The attorney filed the petition in August 2015 and the company received a very hard 12 pages RFE on March 4th 2016.
They realized that the attorney did not pay any attention to the documentation provided by the employer to file the petition, forgetting to include "basic" documentation such as the "Credential Equivalency Evaluation" (that furthermore was in attorney's hands from previous petition but she asked to pay again!!!) or advising to create a better and detailed job description in accordance with the position requirements. Now the small company (with very few resources and money) is very upset and need to face a very hard RFE...both me and my wife are extremely stressed by the situation. The attorney does not seem to care and just asked for more money to move forward. It seems to me that there was a lot of negligence filing this petition. The attorney forgot to gather and submit basics documentation. Can the company (or the employee) sue the attorney for negligence or malpractice in case the petition will not be approved? Do you have any advice?

Thank you very much for your time and consideration.
While filing h1b, end client letter is not available but vendor can give letter who himself works with end client as consultant and have placed many other resources at the same client and same project.

Even if end client gives a letter for 6 months stating project may be long term, how do I get a petition approved for longer then 6 months?

Filing extension every 6 months would be very expensive.
Hello Rajivji,

I am on F1 visa working on OPT.My OPT is going expire on 3 May 2016. However, my employer has filled for my H1B this year. As per USCIS's website, since my OPT was valid on the day of filling H1B, I can work till June 1st, if lottery results are unclear. My question is, do I need to have a new I-20 to work beyond May 3 till June 1st. Or this OPT is extension is automatic? I am an MBA graduate so,do not have a STEM extension.

Dear Rajivji,

Here is the scenario - Company A did EB3 with PD Sept 11 2008, Ported to Company B for EB2.

Company B Filed I-140 and I-485 concurrently last year. Date current since March Visa Bulletin. In general tracking other cases, I see approvals coming through for people after my PD. However my case has not even been touched. Opened SR, and got a stereotype response that the case is "awaiting review". I don't understand why its awaiting while later PD's seem to be approved on other cases I know.

My questions are -
1. Is it possible that due to concurrently filing, USCIS did not update the I-485 to be EB2, and still kept on EB-3 (based on old I-140) and thats why its delayed?
2. Is this normal delay or the random nature of approval sequence or I am just getting concerned unnecessary?
3. What are the next steps to get it moving, or get on to EB-2 track if my suspicion might be right?
4. Does the Info Pass help?

Sorry asking too many questions. My date is current on the May bulletin as well, and wish to pursue possible options. Once the date retrogresses back, there won't be any option but to wait again.

Hi Rajeev
I overstayed in US 13 yrs back. My brother-in-law applied for immigrant visa & now my case is scheduled for embassy. I got PCC from passport office as well as local police also. Do I need police clearance certificate from US also. If yes, then what's the process & time required.
I stayed with my friends at that time. I don't have their contact no. now. Plz guide me.
FAQ: What to do if company is under visa fraud investigation, indictment, conviction

Hello Rajiv,

I am a H1B visa holder working to an employer 'ABC' for the past six years. I came to know that my ex-CEO who
lead the company from 2014 to 2015 involved in visa fraud case recently with his own company 'xyz'. A criminal complaint was filled against him.
As he is no more part of my company I just want to know how it effects my company and the employees who are
unaware of these things. Do I face any problems for H1B extensions,visa stamping and Green card processing since I have my I-140
approval with the company 'ABC'. Is it safe to continue in the same company or should I immediately change the employer?

Thanks alot!! for your advise.
Last edited by a moderator:
Dear Rajiv,

I lost my job with employer “A”. My last day of work was Feb 15th, 2016. I was working on H1B ( petition approved until Jan 2017) My I-140 is approved from employer A. They may withdraw the I-140 petition soon.

I filed ( sent the application packet by USPS) a change of status to B2 visa application (form I-539) on Feb 16th, 2016.

If I find a job with a new employer “XY” and this new employer files for H1B petition, what is the deadline after which such a H1B petition would be denied because of any reason such as my unlawful presence? What would be the possible consequences?

Thanks for your help.
Hello Mr. Khanna and thank you for providing this service.
A friend of mine came to the US when they were 12. They completed high school here and received a diploma (Pennsylvania). He went back to Colombia in 2010, where he is originally from, with his parents as his mom and dad found work there (2010). While he was here in the US he had a green card. It has expired. Can he renew his green card?

Thank you in advance for your help.
Last edited:
Hi Rajivji, I am currently on L1A visa ( came to US in Sept 2015). My company will be filing EB3 Perm around end of this year. Assuming that I will get I140 approval within next 2 years (by 2018) what are my options to extend stay in US considering L1A cannot extend stay beyond 7ys even if I140 is approved ? If I convert to h1B will it be subject to CAP? Any other options, please.
Dear Mr. Khanna,

First of all, thank you very much for providing this free conference call for us to ask questions. Deeply appreciated.

Filing for US Citizenship - Regarding continuous residency

My husband & I have been GC holders since June 2011. From eligibility standpoint, we meet the 5 year wait requirement. During this 5-year period, we had been out of the country for a few times:

My husband:
1. August 09. 2011 - June 28. 2012: ~ 10.5 months
2. May 25. 2013 – June 14. 2013: ~ 1 month
3. Jan. 07.2014 – Jan. 12.2014: 1-week
4. Dec. 18. 2014 – Jan. 02. 2015 2-weeks
5. June 26. 2015 – July 09. 2015 2-weeks
6. Jan. 02. 2016 – Jan. 08. 2016 1-week

1. August 09. 2011 - June 28. 2012: ~ 10.5 months
2. March 24. 2013 – March 31. 2013 1-week
3. May 25. 2013 – July 19. 2013: ~ 2 month
4. Jan. 07.2014 – Jan. 12.2014: 1-week
5. Dec. 18. 2014 – Jan. 02. 2015 2-weeks
6. June 26. 2015 – July 09. 2015 2-weeks
7. Jan. 02. 2016 – Jan. 08. 2016 1-week

The 1st trip became longer than anticipated, due to my mother’s cancer diagnosis & urgent treatment since it was a very aggressive form of cancer (We had not filed any forms of extension of stay as we are not aware of any). She passed away in March 2012. Would this longer than 6-month absence bring a problem for the citizenship filing? We can provide doctor’s record confirmation, death certification, and court documents regarding the heritage.

My husband had to take a job to provide the money for paying all expenses during the time we were with my mom until she passed away.

For the first year of GC from June 2011 – June 2012 we planned on living with friends in their house. They offered us a small apartment until we got a job and could rent our own place. During our time abroad it was our US address and we can proof it with letters that we got to this place.

During our first entry we got our DL, registered our son for school, opened a bank account and applied for our SSN numbers. We can provide the proof of DL and school registration. Unfortunately, we don’t have the bank account information anymore. We moved to another state and didn’t keep the documents since we had to open another account.

Our questions are:

1. Can we already apply for citizenship or should we wait? If we should wait, what would be the earliest date we are allowed to file the n400?

2. Should we already send all documents and proof with our n400 or should we take it to the interview with us?

Thank you very much for your time.
Not open for further replies.