Recording Available, August 24, 2017 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
Staff member

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: September 07, 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
Hey. My friend is doing a 3 month internship on CPT (F1 Visa) but after first two months he noticed that there are no tax deductions in his pay check and in the contract it says that the company has employed him as an independent contractor(consultant). The company even asked for invoices from him which he gave. His internship is about to end on 16th Aug. Pls advise how to proceed and if this is a violation of any kind. The CPT has been approved by the University and he has all the documents (CPT i20, SSN, etc) as work approval proof. Also how to pay tax in such a case.



Registered Users (C)
FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

Rajiv Ji,

Thanks for your excellent service through this forum.
I am a US permanent residence (Green card holder) working in the US.

I have received my Re-entry permit which will expire in Feb 2019

I have plans to get married to a bride from India and I will be visiting India shortly.
I know that to process Family based second category GC (F2A) for my wife in India can take minimum of 2 years and I will be separated from my wife during this ti,e

Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India.

1) After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate.

[****Please note at this time I have not filed F2A for my wife***]

Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting USA to see her husband if the Visa officer asks any question?

(My wife can further say to the visa officer that my husband is not applying for F2A as it will take more than 2 years and entering the USA through tourist visa is the fastest method)

2) Wife travels to US with approved tourist visa and lives me with me for 6 months. As with tourist visa my wife can only stay maximum of 6 months, then she goes back to India and re-enter US through tourist visa to stay for another 6 months.
This completes 1 year of my wife stay with me in the USA.

3) After 1 year, I would get a job in India and relocate to India with my wife.

4) ***Only after my wife and myself reaches India after living together in the USA for 1 year, I would apply for Family based second category GC (F2A)****

Do you see any challenges in my petition for my wife's F2A GC get approved?

5) Until F2A gets approved (expecting it will take 2 to 3 years), myself and my wife would live in India and then move together to the US.

How does above plan look?
Thanks again for your great service to the Indian community.

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I am sorry I missed the community call, due to office meeting.

I have follow up question:

Old Question:

1. How much time Prevailing wages are taking for Illinois state now a days ? my company filed my Prevailing wages at 20th July 2017, company HR is saying it will take 6 to 8 month to get Prevailing wages approval. i am not sure that time line it true or not.
2. If company start parallel advertisement then how many months advertisement will be valid ? ( company HR said that if they will file advertisement then it will expire before prevailing wage will received ). can you please guide me how it works and what is best approach to same time in advertisement and Prevailing wages.
3. HR told me they can't start PERM preparation parallel they can start PERM preparation once they will get Prevailing wages, as per my understanding that Prevailing wages will get amount only but they can parallel complete rest of preparation on PERM (Labor )

Follow up question:

Attorney is telling that Advertisement is valid for 1 month only, and if prevailing wages will come late then he need to post advertisement again, in my past advertisement I never heard anything like this. can you please guide me on below queation.

1. What is validity of advertisement ?

2. Please find below is job title attorney posted for prevailing wages for Peoria, IL. can you just give me some idea that it will fall under level 4 wages ?


The responsibilities of the Senior Project Manager, but are not limited to:

· Oversee and lead all technical phases of systems

· Evaluate model systems; create, build, launch and test new systems; repair systems

· Identify issues and recommend improved processes and technological innovations per clients specifications

· Define systems strategies and develop system requirements

· Design, prototype, test, and define support procedures

· Implement custom technology solutions

· Engage in full cycle implementation

· Perform functional and system analysis, feasibility and design studies

· Gather and compile information regarding technological processes and systems

· Research and implement new technology solutions and best practices

· Project Planning, Scoping, Estimating, Monitoring and Control, Team development, Resource Management, Risk Management.

kumar sena

New Member
FAQ: Is new H-1B visa stamping needed if you change employers?

Hi Rajivji,
I have a question on H1B stamping. I cam currently working with employer A. I have visa stamping till Nov 2018 and it shows name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing new employer , employer A? In the past, I have encountered similar situation and I came back successfully with out getting new stamp. I am not aware of current immigration law. Has there been any changes in this aspect? Should I go and get a new visa stamping reflecting my new employer? Please advice. I am grateful to your community services and really appreciate it.

Thank you
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shweta gupta

New Member
Hello Rajivji,

This is our 9th year in USA and my spouse (an H1B holder) recently switched his employer in July 2017.
I started working full-time on H4 EAD since Jan 2017 in a non-profit organization . My spouse's H1B extension from his last employer is expiring Nov 1, 2017 and his both last and current employer have filed his H1B extension along with my H4, and H4 EAD.

- If my spouse's employers have filed my EAD with his H1B extension, what are the chances of getting my H4 EAD approval before Nov 1st, 2017 while the premium processing is still suspended?

- I have 2 pending EAD renewal petitions, one from his last employer (receipt date June 21) and another one from his current employer (receipt date July 18). Since, his last employer might have withdrawn his H1B extension petition, is my first H4 EAD filing still a valid petition?

- I am afraid that I may loose my job if EAD does not arrive on time. Is there any option that I can use to continue my employment such as leave of absence etc.?

Please help !
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Mbali Mhlanga

New Member
Hello Rajivji,

I hope you are well.

I recently finished my undergraduate course requirements, but unfortunately missed the graduation application deadline.
I have just received my EAD (i765) and will need to send in compliance within ten days. Could you please advise me on what my options are and if my status will be revoked because I have not been officially conferred?

Is there anything I could do to be legible to start work even without being confirmed right now (I will be conferred in December)

Please help.

Thank you.


New Member
FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Hello Rajiv,

I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.

I have few queries regarding my new H1B visa stamping and I-94.

1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.

2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.

3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

Kindly advise.

Thank you
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New Member
Hello Rajiv ji,

I had the following questions,

1. I am on L1B which is valid until mid of December this year. My employer is processing my H1B based on my previous H1 that is within 6 years.
a. Now that the premium processing is stopped until October can my employer go ahead filing the H1 in normal processing and come October convert into premium?
b. If there are any issues with the H1B processing like RFE, can my employer apply L1B if required?
c. Can another employer apply for H1B based on my aforesaid previous H1B petition while my current employer is processing it(If I want to switch jobs before H1 approval)?
2. What are the general reasons for an RFE when applied for H1B

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New Member
Hi Ragiv Ji,

My Friend having a valid H1B with company A valid till 2019 and visa stamped. Due to some issues I don't want to work with company A and wants to switch to company B.

My question is:

1) Is it possible to transfer the H1b visa to company B while living in India? If transfer possible can he use old visa stamp come to here?

2) Meanwhile, If company A revokes his H1B. Is it possible to transfer the H1b visa to company B? If transfer possible can he use old visa stamp come to here?

Please Note:- I have not traveled to the US even for a single occasion since stamping.

Please advise.

Thanks in advance!!


New Member
FAQ: What are the options of an H-1B visa is denied and petition sent for revocation?


Back Story:
I went to US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B.
I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to US with the approval notice as proof.
My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019.

Current Situation:
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).

I am now trying to see what options do I have. My questions:

1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?
3. In case the rejection also invalidates my extended visa, what are my options to visit USA again? If I apply for a new H1-B, can I apply before April or under 'H1B cap exempt'? What else can I try?

If there is no scope to go back, what are my options in India:
4. What happens to my assets (personal stuff, bank accounts, etc) in US?
5. Can I continue to work with same employer from India (as a permanent employee) and receive the salary in my US bank account?
6. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
7. If I can no longer be a permanent employee, what other options do I have to work for that employer?

Last year was a complete roller-coaster for me. Please guide me so that I can bring it to a stop.

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New Member
I worked for Employer "A" at offshore as a manager for 4 years and moved to US on L1A as manager. In US worked for 3.5 years on same role. They filed for my H1B in 4th year and I moved to employer "B" on H1b. I have been working with Employer "B" as manager for last 2.5 years. I have I-140 (EB-2 category) approved through employer B. Now,if I move back to employer "A", would I be eligible for EB1-C category.


New Member
I have been working on H1B as manager and my I-140 (EB2 category) is approved. I have completed 6 years on H1b and my H1B extension based on I-140 has arrived. My employer is sending me to another country for 1 years assignment as a manager. Can I re-enter USA based on current approved H1B (valid for next 2.5 years) and become eligible for EB1-C? My employer is open to process L1A as well. Is there any advantage on being L1A instead of being H1B ( all other aspects same) for EB1-C? Can I process L1A as soon as I reach other country or I am required to wait for a year before L1A can be processed/stamped? Thank you for your kind help.


New Member
I have filed my HIb along with my wife's H4 and H4 EAD and all 3 of them got approved. My h1B expires on 29th Sept and and extension starts form 30th September 2017. My wife did not receive her H4 Approval Notice with I-94 due to Address error from USCIS yet but the lawyer received the Courtesy approval notice. She received the H4 EAD card which had a start date of May when the petition got approved even though her current card was expiring on 29th Sept. So since my wife did not receive her H4 approval notice, to avoid any immigration issue , we decided of traveling to India before expiry to get stamping in India as my H1b is approved and then come back sometime in October. I was wondering will this have any issue after she comes back and can she continue working without any issues on her H4 EAD. Thank you for your help

pranay kumar

New Member
Hello Rajiv,

Thanks for your excellent service.

I have few questions for you.

1. My employer is not giving me Perm Labor Certification. Can I get it via FOIA?
2. Also, I have my I-140 approved. I am scared if I move to another company, he might revoke it. Do you think I can use Perm labor certification(if i get from FOIA) for holding the priority date.

3. Also do you know why they do not want to share Labor Certification as they share I-140? Both, are property of employer, but shares the later not the former.
4. Last question, Most of companies do not file I-140 immediately, they file it after 1 or 2 years. Do you know why they do not file immediately? I know this is not law thingy. But can you give your best guess.


New Member
Hello Rajiv,

Thanks for your excellent service.

I have few questions for you

I have filed an I -824(requesting for a duplicate approval notice AOS to CP ) on June 17 th 2017.
(As per check cashed by uscis) I still haven't heard anything from USCIS,as to what I should do.

I have got nothing from them, not even an I - 797 notification with the receipt number(ABC Company copy ).

I mean do they give any receipt # ?

Please can you let me know how long will it take for getting Receipt number ?

how much estimated time it will take to get approved?

how long it takes to approve 824 and then how long it takes to transfer the case to National visa center.

Thank you in advance!

RP Canada


New Member
Hi Rajiv,
Appreciate all the good work you are doing.
Following is my situation
I-140-PD 2012-EB2 approved and currenly in 7th year of h1b
current I-94 validity aug/29/2017
RFE received on h1b extension on aug/15/2017 which must be responded by oct/31/2017

My employeer gave me a notice to relieve me by aug/31/2017. I applied for FMLA due to my wife condition. I have eligibility letter-doctors letter but inspire of repeated emails there is no change in decision. I have other liabilities including house

my questions are
1) Do i have 60 days grace period post aug/29 to stay and look for new employer without accumulating "unlawful presence"
2) can i apply for i-140 EAD compelling conditions or B1 to wrap things here
3) if i have another employeer by what time should i file so that it is approved.

kumar sena

New Member
Hi Rajivji,
Hope you are doing good.
I have a question and appreciate if you could clarify it.
I am on H1b. I recently changed employer from A to employer B. During this transition, I got H1B extension/transfer valid till Nov 2018. My spouse got only till Nov 2017. Her I 94 is also valid till Nov 2017. We are planning to visit India in the month of Nov 2017. My question is, should we reapply for H4 extension so my spouse will have proper I 94? Or Since anyway, I am visiting India, is it sufficient that we come back and at the port of entry she gets her new I 94 based on my H1b approval? Is it possible that spouse can travel along with me(H1B) and I will be able to show my I 797 and spouse will get her new I 94? Is there a need for us to apply for new I 797 extension for my spouse? please clarify. I am really grateful to the community service you are providing.

Thank you


New Member
Hello Rajivsir,

Few questions for H1B & Green card for Nurses. Country - India

1. What is the wait time to receive a green card for a person having BSN RN (Registered Nurse) degree from USA?
2. Once the green card petition is applied, what is the visa category on the visa bulletin?
3. Is the green card for Nursing faster than engineering occupation?
4. Can a person apply for oneself a new H1b (under nursing profession) through a hospital while being on EAD through spouse?

Thank you


New Member
Hello Sir ,
Question Regarding I-94 on H1B Transfer Approval .

I visited India while my H1B transfer was in progress. I got my H1b Approval with old I-94 number extended until 2020 .
My new I-94 which I got during my recent visit is expiring in April 2018 and I do not have any plans going out of country before that. Do I need to worry about my New I-94 expiration ? Do i need apply for another extension of new I-94 ? Or is my OLD I-94 which is extended till 2020 will keep in status after new I-94 expiration date which is April 2018?

Thank you
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