Recording Available, August 16, 2018 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: August 30, 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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Hi Rajiv,

I am received an audit on the PERM process because I work remotely. Are there any completions for my audit. My employer says they have all the necessary documentation. Also, I have to file for extension in couple of months, how are these applications handled currently? Are there any problems for the extension?

Hello Mr. Rajiv,

My original H1 with employer 'A' was approved on Jan 01st 2012. Since then, I worked with them until Jan 23rd, 2015 on H1B. My GC was not filed during this time.

After that, following events took place:

Jan 14th, 2015: I applied for H4 on while staying in the US.

Jan 23rd, 2015: I quit my job.

Nov 24th, 2015: My H4 application was approved.

So, time between when I quit my job and when my H4 was approved: 10 months

Then, I joined employer 'B' on H4 EAD while this employer applied for H1 transfer. My current visa expires in Feb 2018 and my current employer would like to recapture my time on H4. So, will those 10 months between Jan 23rd and Nov 24th be counted against 6 years of H1 or are they eligible to be recaptured? Thanks!


New Member
I am on H1B my wife on h4 and a 6 month old son who is us citizen. My wife has gone to india and need to get visa stamped as the stamp has expired and we got h4 renewed. Her parents visitor visa has been rejected 3 times in past.Last time it was rejected in June 2018. One of my friends suggested to send them again with my wife, as a family appointment . I am not sure if I can book an appointment like that,if so, is it a good idea? do they have chances of getting visa approval with this approach?.I am a little worried if that would have any impact on her visa approval . My in laws have their own business in india and are well to do not sure why visa is getting rejected.


New Member
Hi Rajiv Sir,

I got employment based EB 2 green card through consular processing. My wife is the derivative beneficiary of EB2.

She is planning to apply for citizenship. After she is approved then I will apply for my citizenship.

1) what type of biometric USCIS run for citizenship application.?
Is it good idea to file foia with fbi for name check and ncic check, just to make sure she have clear background check. ?(she is having some minor traffic citations but no arrests or dui ).
She can also order her dmv record. But in that case she should order current resident state dmv record or all the different states we stayed.

2) For 1 year out of last 8 years on GC she didn’t file taxes( we file married filing separately because she didn’t have any income. Will not filing taxes when not required to, will create problem in her citizenship interview ?

If asked by uscis officer in the interview, she could give self written affidavit that she didn’t need to file taxes because of her low income OR we should bring a statement from cpa stating that she didn’t need to file for that particular year?
Or what is the best way to respond to this scenario.

3) Because she is derivative beneficiary of eb2 applicant. Will uscis officer take notice that she is applying for citizenship before me? Can interviewing officer ask her about weather I stayed with my employer after coming to US on CP eb2 visa?
Have you seen cases where beneficiary spouse were issued RFE (to prove primary eb2 spouse really worked for the sponcering employer)?
I worked for my sponcering employer for approximately 10 months after GC approval. Do you think she should carry my pay stubs , w2 .. as a proof to show the uscis officer if asked.

Or can you suggest better document list she should carry in order to avoid RFE ( regarding intent of primary applicant working for GC sponcering employer after a GC approval)?

Thank you very much.

Prasad Gupta

New Member
Hello Mr. Rajiv,

I am on H1B since 2004 and waiting for my green card via Employment based. I have been working with Company A for the last 12 years and had filed the EB-3 initially in 2009 and got upgraded to EB-2 in 2016. I-140 is approved on both (EB-3 & EB-2) and waiting to file I-485 ...
1) Can I file my I-485 if EB-3 priority date becomes current even my current category is EB-2?
2) What if my Company-A lay-off before or after filing I-485 ? what are my options ?
3) Can I take a EB-3 role to avoid the lay-off and still be able to proceed with filing I-485?
4) What will be the process if I chose to leave the company and join a similar position at other company ? Do I have to file the PERM and follow the entire GC process but retain the priority date...

Thanks and appreciate your help


Registered Users (C)
Hello Mr. Rajiv

We had scheduled for my wife's H4 Visa interview sometime in April, however we decided to cancel the appointment since her employer had filed for her H1. We did cancel the appointment but we did not cancel the DS160. Now that she got her H1 Visa approved, we would like to go to India for her H1 Visa stamping ?

Do we have to cancel the old H4-DS160 (filled in Feb) before we can start filing a new one or does DHS automatically cancels the old H4-DS160 ?

If we have to request for cancellation for the DS-160, what is the procedure ?



New Member
I have valid H1B until 12/12/18 but i applied the H1 to H4 COS + H4 EAD on 7/30/18 along with my Husband's H1B Amendment
Should I stop working once we received the H4 Receipt date(received on 8/6/18) or H4 approved date.I checked with company attorney and USCIS Customer care both said that I should stop working once I received H4 approval notice but continue to work till that time .

Pls advice me .

Vishal Goel

New Member
Dear Rajiv,

I would like your opinion on two issues:

Question1: My PD is Mar 2010 and I have been working on an EAD since 2012. My PERM was filed under "Director of Quality Assurance" Title and I recently received an EVL RFE. I have three options to provide an EVL. I would like to know how would you suggest positioning a case like this for a successful approval of I485:

  • My current employer: I have been working for them since Oct 2015, in a slightly different job role/title. My employer is willing to provide Supp J with a "Director" title (and not Director of QA) and my role description will be ~50% aligned with my PERM. I am anticipating that we would mention same 6 digit SOC code on Supp J.
  • A Product Based Startup: I know the firm well and they have been looking to hire me for a while. They will be able to provide me with the exact title/job role as my PERM. My concern is that they are only about $500 in revenue and have no full-time employees - only 5-6 tech employees in Belarus and an owner running the firm in the USA. The owner wants me to manage the product team from the USA.
  • A Small IT Consulting Firm (30-40 employees): I had worked for them after filing my I485 in 2012-2013 for about 9 months (same role as PERM) and they are willing to provide me an EVL for a future employment on the same role (Director of QA) as they see a few projects in the pipeline where I will be a good fit.
I really like my current job/employer but the green card is my priority. So, your opinion would be very helpful in this significant life/career decision.


  • If for any reason my 485 is denied, given that I have exhausted all H1 years, is there any way to remain in status while I file a new green card application with my current job (I heard you can get a new H1 for 1 year under some rule w/o going for a cap for that year).
  • If not, can my wife, who has about 1 year left on her H1, file a GC application and port my PD at the I485 stage? The alternative will be that I file a GC application on H4 EAD status.
Thank again for taking the time to answer the questions!


New Member
Hi Sir,

I heard that there is a proposal for limit/deny the immigrant (green card / citizenship) if the petitioner used the Obamacare.
It means if i get the medical insurance in the market place , am i not eligible to apply the green card?

Thanks & regards


New Member
Interview requirement for adjustment of status EB2

Hi Rajiv - My I 485 adjustment of status (EB2 India) is pending since 2012. Since then I am working on EAD. My priority date is June 2009 so it may become current soon.
1. Will I need to appear for an interview for adjustment of status?
2. What is your general thoughts/recommendations for the interview for adjustment of status vs. opting for a consular processing if the case is strong for an EB2 candidate?

Thank you!


New Member
Hello sir,

I was previously on OPT which has since expired. In March 2018, I filled for L2 COS and EAD concurrently. My questions are two fold:

1) What's the expected time-frame for processing the I539/I765 application? The USCIS is displaying extremely high processing times for Vermont Service Center for I539 - is this accurate?
2) Once I exceed the 60 day grace period post expiration of my OPT, I am accruing unlawful status. Is this an issue even though my L2 application is pending? What if the I539 is denied or abandoned?

Thank you!

Suresh Ranga

New Member
Hi Rajeev,

I have filed for AOS (I-485) and provided affidavits (from my father and mother taken during 1995 before metropolitan magistrate on a Rs.10 stamp paper ). I am born during 1968 (before April 1, 1970 when reporting births were voluntary (based on Indian Births and Deaths Act of 1969) ) (which is stated at htt ps:// ).

I do have secondary evidences such as school mark sheet, passport etc stating my birth date


01. I do not have non-availability certificate from local authorities. Is it needed even though I am born before 1st Apr 1970? If needed, I can't really travel now due to H1 stamping requirements etc. Are there any other alternatives available such as getting it from Indian Embassy etc?
02. Is affidavits from parents as stated above adequate ? Or I may be asked any other information?
03. Does it prompt for any RFE etc?

Thank you


New Member
Dear Rajeev

I'm currently on H1-B working full time with the same employer since the last 4 years. My H1 is renewed until 2021 and my employer has filed for green card under EB-2. I just had my I-140 approved in July. My wife is on H4 visa and I'm looking to apply for her EAD. I have the following questions regarding my case:

1) If I change employers now, will my priority date remain the same? Should I wait for 180 days since I-140 was approved to change employers before doing this?

2) How long is the wait time for me to get Green Card process started once I change employers? How long will it take to get the new PERM and I-140 approved?

3) Since the new employer will have at least 6 months of probation time before they file for new green card application, If the priority date becomes current in the next year or two - what are my options? What if my old employer does not have or not want to give me the position the green card was originally filed for?

Thank you.


New Member
Dear Rajeev,

Thank you for the amazing service.

I am currently on H1-B and my I got an audit in my PERM application. These are the questions related to my case.

1) The lawyer has submitted a response to the audit request. How much time the Department of Labor takes to decide on my petition?
2) Can I switch to a different employer while the audit is in the process?
3) I do have my priority date, but as the I-140 is not approved, I believe it will no longer be valid if I change the employer.
4) I am getting married in November and planning to get my wife on H4 visa, will there be any issue if I change my employer just 2 months before my marriage?

Thank you.


New Member
Hi Rajeev,

I have following questions regarding traffic violation for Naturalization. Need your assistance on this.

1) Involved in accident - not at my fault, no violation, no traffic ticket, no fine but reflected in the DMV drivers history because of police report - Do we need to mention in Naturalization.

2) Involved in accident - not at my fault, no violation, no traffic ticket, no fine but did not reflected in the DMV driver’s history but reported to police - Do we need to mention in Naturalization.

3) Involved in accident - this is my fault, no violation, no traffic ticket, no fine but reflected in the DMV drivers history because of police report - Do we need to mention in Naturalization.

Thank you.



New Member
Hello Rajeev,
Forgive me for adding a question as a separate post, as I didn't find a way to edit my current post.
Q: I am filing for an H1B transfer to another employer on the condition that I will leave my current employer, ONLY if my H1b transfer is approved. In the case that my H1B transfer is Denied, will have to leave USA or I can continue working with my current employer as if nothing happened?


New Member
Hello Rajeev Sir,

Last Year I changed my employer and joined based on receipt (H1b transfer normal Processing) . This year it got denied based on specialty occupation.
My employer refiled after changing the job code and it got approved.

In my I-129 Petition employer filled the following
Basics of classification:- Change of Employer
Most Recent Petition/Application-It has the same receipt no which got denied
Requested Action:- Extend the stay of each beneficiary becuase the beneficary(ies) now hold(s) this status

When I see approval I-797B, I see it has consular processing and no I94 attached. It says
The above petition has been approved for the classification requested. It has been determined that the named worker is not eligible for the requested extension of status. Since the worker has been found ineligible for an extension of stay , we have sent notification to the consulate shown above. If you have any questions about visa issuance, please contact the consulate directly.

Do I need to go for stamping or can I enter back to US by showing my new petition as my old employer visa is still valid till Sep 2019 and my this transfer got approved till 2020.
Please suggest as i m scared if in case I get stuck in administrative processing etc if I go for stamping.
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