Recording Available, August 25, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
Staff member

Rajiv 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: :
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: September 08, 2016
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
FAQ: Quota H-1 pending - status after 1 October

Hi Rajiv,

I'm currently doing my MBA and I finish school on 4th September this year. I've applied for OPT in the first week of August and the school's DSO says it could take at least 2.5 to 3 months for me to get the approval and the EAD card. They also told me there's a 60 day grace period after finishing school during which I can stay in the country.

If I count 60 days from 4th September, that's 4th November. If I do not get my OPT approval before that, would I need to leave the country? I've requested the OPT start date as 17th October - that's within the 60 day grace period.

I also have a pending H1B petition. I was picked this year in the lottery and got an RFE. My company's lawyers do not think I'll get the approval by October 1. I applied for the OPT just to be on the safer side, in case the H1B takes too long to get approved.

Would I be out of status if I get neither the H1B approval nor the OPT approval before the 60 day grace period ends?
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New Member
FAQ: Documentation needed to prove future job offer for EB-2
What is required in terms of documentation for an EB-2 sponsorship for a future position? Is an employment offer enough, signed by the employer and me? Does it have to list salary and/or job duties?
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Registered Users (C)
Hello Rajiv,

My wife is on H1 B, We are thinking to apply H4 and H4 EAD, I have below questions on this.

1. Is it mandatory that i need approach my employer as i would be the main sponser for her H4 and H4 EAD [ Employee and My Employer does not have good relation ship] or can it be done by her employer or any immigration firm.
2. What would be time frame for H4 and H4 EAD.
3. Will it have the Premium processing for H4 and H4 EAD
4. In future, Is it difficult to get her back to get to H1 B if needed



Registered Users (C)
Hello Sir,

This is reg my I 140 - My previous employer filed my GC in Eb3 and the Priority date is Dec 2009 and my New Employer who filed my GC in EB2 which is 2013 January and they didn't port my old Priority Date. SO i have the below questions on this.

1. Do i loose my Priority date in any circumstances ? Like, if the old employer revokes my I 140 do i loose my PD ? any similar circumstances where i loose my PD?
2. Can i also approach my employer to re-file or amend 140 to update my PD on the I-140?



New Member
Hello Sir,

Currently I am on L1A Visa expiring in Apr 2017 ( Maxing out the 7 years), my company will most likely file my GC if the EB1 filing becomes current on 1 Oct 2016. Currently, My wife is also on H1B Visa. If the dates donot become current, Can my GC be filed & I can stay beyond the 7 years(not work) on H4 to get GC or stay in USA even otherwise to be with my family ?



New Member
Hello Sir,

I am moving back to India with approved I-140 and planning to go for Consular processing in future once PD become current.

I have been told by my employer that when I-140 was filed they selected option such that my case is ready for both Consular processing and AOS (after PD become current).

Is there any way to double confirm that my approved I-140 petition is with NIV/US consulate in India and can go for Consular Processing once dates become current and there will be no need to file Form I-824 before proceeding for Consular Processing ?



New Member
Hello Rajiv,

1) I acquired US citizenship on January 20, 2016.
2) I applied for Green Card I-130 petition for my Father and
Mother on February 29, 2016.
3) My mother's petition was approved on July 5, 2016 and is currently in
Consular Processing.
4) However, I received an RFE on July 8, 2016 against my father's petition to

As you know, in Indian context, we do not keep records of cancelled checks as
proof of financial support for child's upbringing. Also, in Indian tax
returns there is no requirements to identify dependent children. To respond
to above RFE, I have arranged following documentation so far:

a) Secondary School (Xth Class) school leaving certificate, which shows
Father's Name.
b) Old Indian Passport which shows Father's Name.
c) Declaration from my post-graduation school that all expenses for tuition,
boarding, lodging were incurred by my Father.
d) Affidavits from Mother and two blood Relatives affirming Father/Child

Let me know if there is anything else I can add in my reply to RFE.

Thank You.
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New Member
Profile: Masters in US; 2011 - Sept 2014 worked on OPT and CPT; On H1b: OCT'14 till August 2018 with current employer.
H1b filed with HIGHER level SOD (Architect) whereas I work as network Specialists though salary matches to SOD.
Questions: Can SOD be higher or needs to be corrected for legal purpose or for any benefits in GC process?

Current employer HR/attorney saying it will be hard to get GC/labor approved under EB2 as experience with same company won't count.
I guess Masters is minium qualification.
If I get own attorney, what are documents etc required from Employer to file under EB2/EB3?
If I transfer H1b to another employer/ or when file for GC, does SOD needs to be higher or can it be different?

Thank you
Swap K


New Member
Rajiv ji,
I am on 3rd H1-B extension after my EB2 I-140 approval priority date - 06/2010 with my current employer.

My employer (company A) got acquired by another company and I am afraid that I may be laid off due to the merger.

I have been looking for other employment opportunities.

I have offer from company B but they want to start my GC process after 2 years of continued employment with them (corporate policy).

I am still looking for a better offer (any future employer who can restart my GC process with them immediately)

Please advise with my current hypothetical situation below.
  • I take employment offer from company B and they do H1B transfer using my approved I-140 with my current employer (company A) and get 3 year H1B extension.
  • I join company B after getting H1B transfer receipt, company B has not restarted my GC process yet (they will start after 2 years of continuous employment)
  • I get a new offer from company C who is ready to start my GC process immediately on joining.
    • Can I initiate H1B transfer from company B to company C using approved I-140 from company A
      • Can I still get 3 years of H1B extension with company C with the H1B transfer
      • Can I still retain my approved I-140 priority date with company A when company C starts my GC process with them.
I just want to know if I am stuck with company B and hope they restart my GC process (2 years after joining them)
Do I have the freedom to look for another employer after joining company B without impacting my GC priority date

- Ram

New Member
Hi Rajiv,

Could you please help me on below concern regarding my Wife Visa Status.

My Wife changed her status from H4 to F1 when she was in USA. She dont have F1 Stamped. Its just F1 approved Petition.

we came to India in June 2016, while return to USA (Stamping in on Oct 3rd and 4th), she wants to go on H4 and complete her masters.
And we will get Semester break letter from her University.

Will there be any problem during stamping or at the Port of Entry for both of us or at least to my Wife?.



New Member
Hello Rajivji,
I have an approved I140 from my Employer (Employer A) and I am currently in my 9 to 12 year H1B term based on this approved I140. I am planning to move to another employer (Employer B). Have following questions on this case:
  • Will I be getting another 3 year term on my H1B which will be filed by Employer B as I have an approved I140 from Employer A even if Employer A revokes my I140?
  • If Employer A revokes my I140 before Employer B files for Green card, will I still be able to port my Priority Date?
Thanks for your help.


My I-140 is approved and priority date is in 2013, My project is going to complete and my company is filing my third H1-B extension on approved I-140 , I have following quick questions.

· How much time my extension will take in regular process?

· If my company is not ready to file in Premium process ? can I directly send check to DOL ? what is process to change it in premium process, if present employer is not ready to file in premium process ?

· If my project will end in 1 or 2 months and if I will get project in with other client ? what will be my visa extension process and till that time company already file extension with present client LCA ?

· if I will not get new project and I have to go back to India and as my 6 years are completed. Do my present company needs to new H1 B for me or after 2 year also then can get extension on my present 140 approval ? ( I am assuming that I am not changing job and my company is not revoking my visa and I-140 )

· if I am in India and priority date will current then can I file I-485 and EAD from India ? or I have to be in USA physically and must have Job ? please guide me.

· if I will leave present company in India and my present company revoke my I-140 and H1-B then any other company try to file my H1-B and green card , they have to file in New H1-B (lottery ) ?

Thanks in advance !!


How I can find that my company filed how many I-140 and how many they revoked ?
What is your expericance that normally company revoked I-140 ? ( HCL, TCS, Infosys etc... )


New Member
Dear Mr. Rajiv Khanna,

I am e US citizen through asylum.I have a 6 year old child admitted to the US on Humanitarian Parole when he was 2. Upon his first arrival at JFK he was granted asylum at the point of entry (by the border police).When I applied for his Green Card (I485), USCIS denied it, saying that he was not eligible.(My wife got the Green Card at that time.)
Explanation: My child came to the US on Humanitarian Parole because he wasn't born at the time I was granted asylum.

All the documents issued to him by USCIS (Travel Document etc.) are issued based on asylum, but USCIS is claiming that he is not asylum eligible and they still issued him Refugee Travel Documents even after their decision.
I have filed Form I-290B and came negative.The main problem is that it was never my fault he was granted asylum at the point of entry, because I don't have control on that and it is not my fault he has some parallel status (or no status at all) because they are in charge of making decisions.

Conclusion: upon his arrival he was given wrong status and given wrong documents and now we are at a dead end, without any solution. I was several times at InfoPass and no appropriate answer.They just have no answer for this, complete dead end.This "ping-pong" is going on for 3 years now and no end in sight.

Please help!!! It is a really complicated case.

Thank you.


Registered Users (C)
Dear Mr. Rajiv Khanna,

I am applying for citizenship and have some concerns on how to answer questions 31 through 35 on Part 12 of my N-400 application. About 10 years ago, I was wrongfully refused a H4 visa at a consulate abroad under section 6C1 and got a permanent bar from the US. After review of the case, the consulate overturned the refusal and granted me the visa, with the following note on it "NOT SUBJECT TO 6C1 ENTRY AT <CONSULATE> ON <DATE>". After getting my green card, it is now time to apply for citizenship. Since this refusal was rescinded, what should I answer on questions 31 through 35 on my N-400 application? Since there was no real misrepresentation, would it be ok to answer "No" to all the questions? Or is that refusal considered an "exclusion" that happened at one point, even if it was rescinded, and it needs to be disclosed on the N-400 in any of the questions 33, 34 or 35 ?

Thank you!


New Member
FAQ: Green card holder staying outside the USA for less than 12 months

Dear Mr. Rajiv Khanna,
This is related to my parents who are outside of US for nearly 350 days on GC.

My parents have obtained Green Card through me in Aug 2014. They left to India in Aug 2014 and returned back on Feb 2015 and left to India on Sep 30 2015.

In their recent visit, they left to India on sep 30 2015. Since then they haven't been able to return back to US until now due to various health reasons. They had to attend to my grand mother who fell ill also had to extend their stay to deal with some property issues which were unanticipated.

Now they are planning to return on Sep 18th.

1.We are worried if this will be considered as overstay.
2. And also, are wondering if there is a legal issue on staying in India for more than 180 days on GC. Should they have reported to someone in India as well?
3. Is there anything called 11 month rule?
4. What do they need to do to avoid any legal issues and face no issues with the GC.

We couldn't apply for re-entry permit as we did not foresee most of the issues that occurred.

Since they have very little time left, could you please advice us?

Brief summary about my family:
1. My family ( husband GC, 2 kids ages 4 and 2 are US citizens) and my brother's family ( he is GC, wife GC, kid 4 yr USC) live in United States.
2. My parents filed taxes for 2015
3. Holds US bank account . Might be in dormant state due to inactivity.

Thank you and appreciate all your help in this regard.
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New Member
Dear Mr. Rajiv Khanna,

I have a couple questions - one on whether could change my jobs considering my following situation and the other whether I could travel to India and come back to US based on my situation:

I am currently working full time for a reputed company on my 17 month STEM - OPT Extension which is valid until Jan 2017.
My current employer filed for my H1 this year and I have the receipt number but still awaiting approval.
To be on a safe side, I also applied for the 7 month STEM - OPT extension recently (08/08/2016) based on the recent 24 month STEM rule and I have the receipt for this and waiting for approval.

So, considering I have my H1 visa application in process, am I eligible to switch employers? If yes, would my new employer be able to transfer my pending H1 application?

Also, though I am currently on a valid STEM OPT status with a valid F1 stamping (until Apr 2018), but have two pending applications, am I eligible to travel to India and return to US with no issues?

Appreciate your help here!

Thank you!


New Member
Hello Sir,

I went to info pass USCIS office today and got to know my Wife's RFE status on I-485.
So the RFE is about my federal income tax return. I haven't filed the taxes since 2014. The reason was my ex employer marked me as single on W2 form. I was waiting for my wife's EAD, so that she can get her SSN and then we can file for 2014,15 and 16 all together.

I want to know what should I do now? Whether I should file as single and give them updated tax docs or get my wife the TIN number and file for tax.

As I have 87 days to reply them back. I thought to consult you. I have done it before too. You advised me on her dependent status.

Vineet Negi and Gayatri Dudeja
(Millitary Family)
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