Recording available, August 20, Community Conference Call with Attorney Rajiv S. Khanna

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Registered Users (C)
My I485 is pending and I had two I-140 and the attorney has requested that the priority date of another I-140 which is oldest to be ported. So my question is how to confirm that USCIS has indeed the better priority date updated in their records.

Hi Rajiv Sir,

I had a question regarding possible issues with my employment based Green card application. I recently changed my jobs on H1B from Employer A to Employer B. I went on a 2 day paid vacation from Employer A and joined Employer B. The experience letter from Employer A states

I have worked till 4th August . I was on vacation on 3rd and 4th August

Employer B experience letter states

I started working on August 3rd.

Will this be a huge problem during Green card process under EB2 with LCA/i140/i485 stages. ? How does the USCICS handle such cases. Is there an automatic denial or I still do have a chance?

Hi Rajiv sir,

My employer recently initiated my green card processing. I am waiting for my PERM approval and my priority date is June 2015. Recently I got new job offer and they are willing to file my green card process after the probation of 6 months.

For me Green card process is very important then new job offer, so when would be the appropriate time(PERM orI-140) to move to new employer with out losing my current Priority date.

Assuming that I have approved I-140, Can i be able to move to new employer without losing my priority date even if my current employer is consider revoking my I-140 before moving to new employer.

Please advice.


Dear Rajiv Jee,

My situation: Born in India. Currently a Canadian Citizen. Working on H1B in USA. Sixth year of H1B starts next month. Now, the employer wanted to file for Green Card and I am running out of time. Chances of Labor approval (PERM) within a year seems little unrealistic at this point of time.

My Questions are:

1. Should I continue working on H1B and start the process of Green Card now? Exhaust H1B and then change to TN visa and continue the process of Green Card? There would be long wait at 485 phase. Will they let me renew my TN visa during the entire Green Card Process or I would have option to go back to H1B (beyond 6th year) during some point of time in green card process?

2. Or not exhausting the sixth year of H1B now and convert to TN visa now so that i can try to use H1B during 485 Phase? Again, I would be subject to lottery if i abandon H1B now, right?

I am absolutely confused now and not sure which route be the better option or maybe i do not have enough time either way.

I would appreciate your advice and would be there during conference call.

Thank you again,

Hi Rajiv,

This is for clarification on previous post :
question# 22.
I am on L1A and my wife is on L2. My wife got the job offer through consultancy and they applied H1B for her, which got RFE. Meanwhile she needed to travel to India for family emergency and came back again on L2 after re-stamping (My L1B was expired and I got L1A conversion when I was in US). She came back on Dec 2013. Then Jan 2014 her H1B petition was approved (USCIS website still says approved) but when we check with employer, he told along with approval, he got denial notice as she traveled to out of USA and status change had been denied. He never shared petition with us until last week.

When we got petition copy . It says approved until Oct 2016 but change of status denial due to travelling outside US; and applicant needs to go out of US and apply for H1 for same consulate as per petition (Chennai) and request entry at Port on H1B. It also stats they are sending another notice, which explains reason for denial.
When I read another notice which has reason, it looks more like denial (due to travel outside US). Meanwhile my wife has L2 EAD and she is working on that with different employer.

My question:

1. Employer is not cooperating much and didnt provide proper information. Do we need to work with same employer initially to get H1 reactivated, if yes then how long?
or we can work with different employer using same H1 petition and what are the document required, so we can use same H1 petition with employer other that who files original H1B?

2. My L1A getting expired and I am not sure how long it will take to get H1B reactivated?
If I extend her L2 along with my L1A extension, in that case will her H1B be cancelled because we have not used it though it approved and again applied for L2 or
I can extend her L2 along with my L1A and later she will move to H1B, once H1B issue resolved

Thanks Much,
FAQ: Proposed Obama Action/Regulation on I-140
I-140 is approved , when I can get EAD ?


My I-140 is approved , when I can get EAD ? Is any new law is coming about giving EAD to people who have I-140 approved ? if yes when we can expect it, just tentative time only



After getting EAD it will be safe to change the Job ?


How I can find that my company revoke how many I-140 ?
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Hi Rajivji,

Our Family received a Welcome letter form NVC for initiation of visa interview process.this is F4 category case.
My mother is principal applicant and my father and me are immediate relatives.
My Question is

(1) Immigrant Visa Invoice Payment Center is indicating only 2 names for fee payment! My name is not present for the fee payment.

Why is it so? why I am not considered under CSPA rule? is there any other process to add my name? i am 24 and i am eligible under CSPA.
(2) My Parents have a minor Spelling mistake in marriage certificate. In india reissue is difficult process. at the time of visa interview do they consider the affidavit stating the both names are the same?

Thanks and Regards
Dear Rajiv ji,
Got many questions on filing the US I-751 from abroad. Insight into any/all of these questions would be a great help:

  1. US conditional resident permit holder (green card) via marriage to US citizen. I-750 filing required to remove conditions within 90 days of card expiration date.
  2. Living abroad with spouse since acquiring green card. Trips to US every 4-5 months with no issues till date.

  1. Filing I-751 from abroad 90 days in advance
  2. Evidence of bonafide marriage: Last 2 year joint tax returns show foreign address
  3. Willing to travel to US for biometrics, but preferably only after 45 days of filing

  1. Should the US mailing or foreign address be used? Foreign address is more honest but may cause application to be put on hold unless accompanied by a letter stating willingness to travel.
  2. Submit Joint Tax Filings? Is it necessary or are photos, joint travel itineraries, joint bank statements, joint credit card accounts, mirrored beneficiary selections, and affidavits likely to be sufficient?
  3. How soon is the biometrics appointment usually scheduled? Is it worth requesting an appointment after a certain date, or is it likely to raise red flags? If worth it, what reasons have worked in the past?



Staff member
Obama EO: EAD for approved I 140

Do we know if this rule of EAD for I140 is coming in october? I have a very good job offer but does not want to risk my green card process if an EAD rule is just few weeks away. I am currently working in a company which had several layoffs in last 12 months . It is stable now but the work environment is extremely bad. I survived till now but it has affected my health and family a lot. Do we know if this rule will take effect for those who moved to a different company before the rule was in effect?

Please help.


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