Recording Available, August 08, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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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: 22, August 2019
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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Scenario: I am on H1B employed but was let go on 2nd July 2019. I have entered US in july 2009. GC processing resulted to I-140 approval in March 2016 with priority date with Oct 2015. What are my choices to stay in status in US given happy path scenario and alternate options. Additional info: Spouse, on F1- OPT until Jan 2020 and should have H1B effective Oct 1st 2019. Current I-797/I-94 date is 10/16/2020.
Questions: Happy Path Scenario
1. Need to get a new employer within 60 days grace period? (60th day is 30th Aug)
2. Do i need to get EAC# within 60 days or do i need to have minimum one pay roll processed within 60 days?
3. If I have EAC# but joining date is in Sept or Oct? is it fine to have no job until then or some temporary job somewhere else with parallel H1 processing?
4. Is it fine to begin job with just EAC# received?
5. What if the H1 transfer gets RFE or transfer/RFE-response gets rejected?
Questions: Alternate situations: Cannot get new employer within 60 days.
1.Is F2- dependent a safe option to stay in status? Given I may get H1 transfer at some point time by Dec 2019.
2. Since 60th day is Aug 30th, question is for 1 month of sept for maintaining status. Can move to H4 from 1st Oct. How does multiple filing of COS works back to back assuming USCIS takes time to approve first.
3. If H4 COS is filed but is taking time to get approved and have just EAC# for H4 COS, if i find a employer and employer files H1 transfer in either premium or regular. What happens to H4/F2 COS application?
I am here in USA on L1B visa from past 6 months and my husband got L2 visa approved. After my husband traveled here in April, we applied for EAD for him. After the application was approved, he traveled back to India. Last month,USCIS dispatched EAD card but USPS could not deliver that. After that, i spoke with USCIS by calling them . I raised e-request for resending the card. I didn't get any response on any of the requests. Now i raised one assistance request with Ombudsman's office by filling dhs form-7001 on 07/18. But unfortunately , no response from there as well. Can you please direct me how should i proceed now?
Hi Rajiv, My name is Van, 23-year-old, High school, unmarried, male. Living in India, Punjab, Bathinda -151001

I'm a 24% owner of a c-corp with equal partners from the USA and Canada. With over 6 employees(Including founders) We generate yearly revenue of $1 Million dollars, I take $2500 per month (Wired from Chase, the USA to my Indian bank account)

As you know I want to move to the USA as soon as possible and get the green card, Can you recommend me the best course of action for me that gives me the most probability of getting a green card in the USA. I have consulted a few Immigration lawyers in California(recommended by friends),

They told me I should save $500,000 or $1 Million in the bank, So you know, that's exactly what I have been doing so far but later I realized it will take me a lot of time to save that much money living in a small town in India ( you know there is only so much you can do living in India and running a business in America). In a few years I could see myself creating lots of job opportunities in the USA, even taking my company to fortune 500 but thats a long way. Right now Rajiv, my business needs me to be in USA but I'm scared of getting rejected because I dropped out of a very presitigious university to start my own business.

I want to move to the USA fast, right now It's absolutely necessary for my business to grow. Please suggest me the best course of action?

Thanks Sir Rajiv S. Khanna.
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Hello Rajiv Ji.

I am on H1B. My spouse is on H4 (doesn't have EAD).

We are exploring the possibility of her going to India and launching a startup there (Pvt. Ltd).
She will be the share-holder (owner) and director (manager) while she is there. The startup will provide services only in our home country (no US customers). The law in India doesn’t not mandate the director to be paid a salary or share-holder to withdraw profits.
She would form the start-up, stabilize it and then come back to US on H4.

Can she now continue to run this startup (in India) while in USA, provided she doesn’t withdraw any profits /dividends from the company.
If yes, will she have to declare any thing on any future visa applications / tax returns etc ?

Thank you for helping us all.
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Hello Rajiv Sir,

Following is the Timeline for my H1 extension visa stamping case.

Feb, 2018

As per the visa interview in New Delhi embassy, Application was put under 221(G) with no instructions for submitting any documents

May, 2018
Application was sent to USCIS for possible revocation by New Delhi Embassy

First week of June, 2018
USCIS received the application.

End of Jan, 2019
USCIS sent a NOIR notice to my Employer and was asked to provide documentation.

First week of Mar, 2019
My Employer provided documentation to USCIS as per the issues raised by the consulate officer.

Last week of April, 2019
USCIS sent the letter to Employer for Re-affirming the I-129 petition as documentation resolved the issues raised in visa interview.

Start of May, 2019
I contacted New Delhi embassy for Re-Affirmed petition. It was advised to me to take fresh appointment as it has been more than one year.

First week of July, 2019
Got Embassy appointment of July, 2019 first week. As per the visa interview, I was asked to submit the list of documents in PDF format.

First week of July, 2019
My Employer submitted all the documents and waiting for response.

End of July
797 Expired and still no response yet.

As per the timeline following are my questions.

- What are my options now as my 797 has expired and haven't heard from Embassy about my case?
- Should I wait for the decision of embassy for my case or look for other options?
- Will I have to take new appointment in case my Employer files extension and H1 extension is approved?
- Can I send the updated 797 as per the current visa appointment?
- Can I use the same visa date for any other H1?

Thanks for your help.
Hello Rajiv Sir,
My I526 petition was sent back to USCIS by Mumbai consulate and USCIS reaffirmed my petition on June 3, 2019. USCIS sent me the original reaffirmation notice.

USCIS had mentioned in the notice that they have forwarded my petition to NVC but, after writing a mail to NVC i received reply from them in which they told that they have not received my petition.

1.How many days does it take for NVC to receive the petition?

2.Will NVC notify me once they receive my petition or do I need to follow up with them to get the status about my petition?

3.Is there anyway to track my petition?

Thank You for your help.

Gajanan Mante
I received my EB3 green card recently and I am considering a new position. My job is bona fide and I have been with my sponsoring company for more than 3 years (during the EB3 process). My salary was slightly below the amount mentioned in PERM before getting my GC but they adjusted it about a month before I received my GC. I changed my mind after getting my GC as another company reached out to me with a much better offer. My question for you is if it is OK to change job about a month after getting GC without having an impact on my naturalization? Also, what can be the worst case senario during naturalization?

I know you discussed this issue in a blog, but the link doesn't work anymore (

Hello Sir - Thanks so much for your service.
I have received my GC last year (Apr 2018, EB). My family was in Canada then, so you recommended AOS for me, Consular Processing for my family which we did.
We went to interview in Montreal last week and got a 221(g) due to lack of I-134 which was not there in the check list they provided.

Now come Aug, the EB3(India) is retrogressing to 2006 (my priority date is Jun 2007) for Final Action Date. The filing date still remains in 2010. Will my case be still processed or they will wait until the priority date becomes current for Final Action Date?

Best Regards,
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(After Getting Green Cards) AR-11 vs I-865

Dear Rajiv Ji,
I got Employment Based Green Card Last Week (From H1B)
My Wife and Kid got their Green Cards Last Week (From H4)

My I-485 was filed on November 5, 2018.
I moved to a different address on November 20, 2018 and after the move I filed AR-11.
My Wife and Kid did not move and stayed in the Same address. So they did not file AR-11.

I am getting confused between AR-11 and I-865. Can you please explain?

Who should file I-865 (It states that Sponsor's Notice of Change of Address).
Am I the sponsor for my Wife and Kid?
Should I file I-865 in addition to AR-11?

Please advise

Jai Vijay
I am a US citizen and have parents (around 75 years old) on US green card expiring in 2022. Parents living in India for over 6 years (how ever they maintained US ties like home ownership, tax returns, bank accounts etc)
Like to bring them back here. What should i try
1. Re apply their green card (have been told that it takes over one year now) . OR get them on a visitor visa and re apply green card when they are here
2. Have them come here on existing Green card and have them go through immigration secondary Inspection ..may be immigration judge court after and see how that goes.

Plz advise
Hi Rajiv ji,

My 485 interview is completed in July 2019 and since my priority date is not current our case is sent to NBC and it will take the final decision when the date becomes current (most likely after Oct 2019). If I want to change the job in between, do I need to file 485-J ? also does the job (Skillset will be same but role/job title may be different) needs to match with the one applied in GC ?

Pls Clarify

Hello Rajiv

My H1 got Approved with I 797- B and Change of status from F1 to H1 got denied with a reason as more than 12 months of CPT at same master level.

so I have to go out of the country for stamping.

1) can I go to Canada for stamping as my I797-B say Mumbai consulate(lawyer have mentioned during h1 filing) and even I am going out for stamping 1st time in last 10 years and this is a change of status so they permit to go to Canada or I have to go to Mumbai only?

2) Do you recommend any specific consulate or Canada is a safe place for stamping?

3) Visa Officer can ask any question related to CPT or Denied of status as this interview is only for my H1?

4) if Visa officer asked me about you have used more than 12 months of CPT and that is a violation of status...What could be a good answer to this question?

5) what are the chances of getting approval?

Thanks, Rajiv

I filed for my Mother's I-485 and I-130 in May 2019.

1. DOB in Passport is different from Birth Certificate (75 year old information) - its about 20 days off- and it also does not have her name or mothers name as is typical from records in 1944, only her father's name. In order to be transparent, during the filling of I485 / I130 I used the DOB in Birth Certificate. However when we went to Washington DC Indian Embassy to get her Passport updated they said they can't do it because there is no other secondary verification of that date, and missing her and mother's name etc. They gave a "Birth Certificate" letter that matches the Passport.

So now we want to revert back to the DoB in Passport, because that is the date she used all her life in all Indian records, PAN Card, Income Tax fillings, Adhaar card etc. During the Bio-metrics there was lot of confusion, but they accepted the Date on Birth Certificate

Even if the US Govt. agrees to that date in Birth Certificate it will be impossible to travel on GC as Indian Passport and GC will be different DOBs
Should I now send an "updated" or resubmit the I485/I130 forms attaching the original I797 as reference with the DOB that matches Passport ; attaching the "Birth Certificate" from US Washington DC Indian Embassy and ask them to update the application?

2. Her surname in Passport is Blank , so I used my fathers surname and that also caused confusion as the name is not matching in Passport; so I want to revert that to BLANK as well

It is my mistake, and we should have used the DOB and Blank Surname to match the Passport in the I130/i485s (we didn't file I131/I765 at the time)
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Hi Sir,

How are you doing? First of all thanks for your wonderful service.

I am Kailash. I recently completed my Masters degree and I have my H1B approved with employer A. My H1B will be activated this October. I haven't done my H1B visa stamping yet. I am planning to switch company after H1B is activated (currently, I am on F1 Visa).

I wanted to know:
1. If I need to get my H1B stamped before I do H1B transfer?
2. Will there be any possibility for H1B transfer rejection? (The reason I am changing jobs because my current job is not related to my academic field, looking for jobs more relevant to my field and liking).

Thanks and Regards,
Hi Sir,
My name is Madhu. I am working as a consultant. I am working in H1B visa and I-140 is approved.
Off the record I heard that my company is going to be closed or they will rename the company.
In any one of this situation, is there any impact on my I-140. What will happen to my Priority dates?

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