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

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Registered Users (C)
Hi Rajiv Ji:-


I am H1-B with approved I-140 with Priority Date = Dec 2010. It’s been more than 10+ years in USA and my H1-B ( I797) extensions are based on approved I-140. I am working on EVVC Model ( Employer-Vendor-Vendor-Client ) Model. I have been working with same Employer ‘A’since last 8+ years.I need to go to India since my Mom is unwell. I have been avoiding going to India from last 3 years to avoid stamping process and rather have been calling my parents to visit here in US, but now need to visit due India to Mom’s health . My current H1-B Visa stamp ( in passport ) with same employer “A” is expired and I would need to go to Consulate for stamping. ( I got current stamping done for same employer from Sydney , AUSTRALIA in 2012 , which expired in 2015 )

H1-B Stamping Questions please:-
  • I am currently resident of Southern California. Would you recommend me going to Mexico for stamping OR India based on any recent experiences with your clients who went for H1-B stamping , particularly on EVVC Model. So is Mexico better or India for stamping per experiences heard off .
  • Do US Consulate officers always check Client Letter—or-- Vendor Letters are okay as well? ( My End client seems have a policy of not providing client letters.
  • Since my Wife (on H4 and Working on H4-EAD) –and---2 US born kids -----are currently not going to India. I believe my wife can continue to stay and work in USA while I am in India.
  • Would the letter from Doctor about my mother's severe/critical health condition could help in anyway in terms of stamping.
  • God Forbid, for any reason, if H1-B stamping is delayed or rejected, what happens to my family. Few questions in this regards:-
    • Can my wife continue to work and stay in US
    • Can my current employer call me back by applying for my H1-B again on my in-house project while I am in India based on my current approved I-140 ( incase stamping is rejected, God forbid ) without having to wait for April Window next year when new applications are filed.
    • Does it have any impact on my existing Green Card process as I have approved I-140 with priority Date = Dec , 2010
    • I have heard that premium processing for H1-B extensions is starting soon for regular candidates. Is that true.
( Just making sure I am aware and what are the Plan B options we have here in case of any untoward issue/situation )

Couple of DS-160 form questions:-
  • One of the questions on DS160 form says:- Has anybody applied for your Immigration. Should I say “YES” and provide the WAC number I have on Approved I-140
  • Another Question say:- Do you have any close relatives in USA ( other than parents ) …. Since my wife and kid are supposedly going to be here in USA, while I go for stamping, should I say YES and mention “WIFE And KIDS details” as close relatives in USA ---OR—I can just say “NO” here.
  • THANK Bunch Rajiv Ji , for this immense community service and taking up our questions. I was quite worried with regards to stamping and hence the above questions please…
Appreciate your help please!! ( and sorry if provided more details than needed above making it quite longabove )


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. She also has stamping till Nov 2018 with previous employer. 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 on valid visa with previous employer 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
Hi Rajiv Ji,
Thanks a lot for guiding the Community.

My Friend has a situation. Please guide on what should be done next.

1. He worked with Employer A in H1B and got his I-140 Approved with EB3 Priority Date 01-Oct-2006
2. He moved to Employer B in H1B and got his I-140 Approved with EB3 Priority Date 15-Jan-2012. Employer B is his current Employer.

EB3 Dates as per September 2017 Bulletin. Priority Date is CURRENT as per first I-140 from Employer A.

Final Action Date: 15-Oct-2006
Dates for Filing Employment Based VISA Application: 01-Jan-2007


1. Can he file for Adjustment of Status I-485 based on Priority Date from Employer A?
2. If so what should he provide as proof for I-485?
3. Should he wait for the Dates of Filing (01-Jan-2007) to file the I-485 application OR can he do it now?

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