Recording Available, December 01, 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: December 15, 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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FAQ new I-140 EAD regulations: Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations, effective date of new regulations

Hello Sir, with the new I140 EAD rule coming in January.

1. Can i extend my h1b visa with any employer forever with current employer's I140, Even if current employer revokes my I140?
2. Will the Per Country Limit on employment based GC removed with this rule?

Thank you.

Hi Sir,

Firstly, I would like to thank you for this wonderful opportunity, where we can get answers to our immigration problems.

Subject: I-140 Pending and Change of employment.

My I-140 has been filed in July 2016 and is in pending status. I want to switch to a new employer (for full time opportunity).

1. Do I need to change the employer only after getting my I-140 approved ? If so do I need to stick to my employer for some time after my I-140 is approved, before switching to new employer to retain my priority date ?

Please help me on this.

Thank you.

I worked in US previously on L1 Visa for 3 1/2 years(2010-2013) from company A, then i joined company B from India.

Company B initiated my LCA under EB2, filled I-140 and it was approved (PD- Nov,2013) through consular processing, currently the status is "Case Was Sent To The Department of State ".

Due to person reason i have to quit company B(Jan,2015) and travel on H4 visa to be with my family .

Now am planning to pursue Masters in US by COS H4 to F1 Visa.

As the EAD for I140 Rule getting implemented on Jan 17,2017, will i be eligible to applying EAD through my last company B.

Appreciate your suggestion on this.

Hello Sir :

I am a I-140 holder from the current company which I got it almost 1 year back.

I heard there is a new rule for I-140 effecting from January where the current employer cannot revoke I-140 if it exceeds more than 180 days. Do you know the exact date when this rule is in effective ?

I am planning to change a job in January, what is the good time to say to current employer about my job change.

Thank you.
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Hello sir,

My processing date for an Employment-based Green Card petition is currently live and my I-140 was approved. Currently I am out of US for past 3 yrs due to work, so my GC case has been sent consular processing, Now I got the case # from NVC and ask to apply for stage 3 , since my Priority date is Current now

Questions are below

A ) I’m working Employer A in India, but GC process initiated by Employer B for Future employee, Please let me know what are the documents required to submit for my Consular processing in case of Employment-based Green Card bcoz I don’t have current Financial Documents since I was out of US for past 3 years and I have only old W2 form etc. Please let me know if I need to submit Financial Documents for Employment-based Green Card , Bocz I see list documents required from NVC invitation letter as below Please advise

list documents required from NVC

1.Original, signed Affidavit of Support..........[ ] [ ] [ ]

2.Photocopies of Financial Documents:

IRS Tax Transcript............................... [ ] [ ] [ ]

Federal Income Tax Returns................. [ ] [ ] [ ]

Form W2............................................... [ ] [ ] [ ]

Evidence of income............................... [ ] [ ] [ ]

Proof of relationship............................. [ ] [ ] [ ]

Proof of U.S. status............................... [ ] [ ] [ ]

Social Security Earnings Statement...... [ ] [ ] [ ]

Proof of assets....................................... [ ] [ ] [ ]

3. Photocopies of Supporting Documents:

Adoption documentation....................... [ ] [ ] [ ]

Birth certificates.................................... [ ] [ ] [ ]

Court and prison record(s).................... [ ] [ ] [ ]

Marriage certificate............................... [ ] [ ] [ ]

Marriage termination documents.......... [ ] [ ] [ ]

Military records..................................... [ ] [ ] [ ]

Petitioner documents............................. [ ] [ ] [ ]

Valid, unexpired passport.................. [ ] [ ] [ ]

Police Certificate(s).............................. [ ] [ ] [ ]


B)What is Original, signed Affidavit of Support doc mean?where should I get this documents

C) Can I accompany my wife also with me during consular processing interview? Bcoz My wife Born in different country and her Priority date is not current.

D) I would like to submit Form DS-260 (Online Immigrant Visa and Alien Registration Application) via website. What are the information required to submit this application?

d) My GC case has been assigned to Bombay US embassy office? Is it possible to change to Chennai US embassy office, since I am from Chennai, if so how to change it?

Thanks in advance
FAQ: Visa cancelled CWOP, 214(b) denial
Hi Rajiv Sir

Last week I went to apply for my daughters visiting visa at Hyderabad consulate. They asked about my husband recent travel to USA. I told no because he travelled to USA in 2014 and it is not recent. So, they denied my daughters visa and cancelled my B1/B2 visa writing 'CWOP' on it and gave 214(b) document.

My question?

What is CWOP?

Will it comes under misrepresentation or fraud under 212 (a) 6 (c) i act of USA law?

Will it comes under revoked scenario?

Can I re-apply? will it Cwop affect my new application? what are my chances to get new visa, if I applied alone without my kid.

Please reply to all the questions. It will of great help for me

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My friend has a start date of January 9th and his employer has filed for his H1B Visa transfer, now he got his receipt, can he start on an earlier date say like December 5th with the receipt notice. Added to that he has also expedited his H1B, what if he gets his H1B approved and the i94 validity says Jan 9th plus 3 years, can he still start on December 5th ?
FAQ: Implications of joining an end client where H-1B employer objects

Hello Sir,

I am on H1B and working for a Client on Employer-Vendor-Client (EVC) Model. Now Client wants to join as a Full Time employee and unfortunately my employer is not happy. He (employer) is saying that according to his agreement I am not suppose to join at the client place but I went through my offer letter and don't see any such type of clause. Is it ok for me to join the client? or is there any way he can do harm to me?

In regards to above question, what happens if my current employer don't run the pay for the last month after me joining at the client place as Full Time employee? Will I be out of status?

Thanks You so much for your service to the community.

FAQ: H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4
Hi Rajiv sir,

Good Evening

Iam an employee of Employer A (Consultancy) earlier and use to work for end client (Employer B).

Employer B showed interest in hiring me as a full time employee and i did filed H1 transfer with them and it got succesfully.

I had given a week notice to Employer A (Consultancy) and have moved to Employer B due to personal reasons. Later on I left from USA for a month and I did H1B stamp with approved petition of my current Employer B and came back.

Later on I called my Employer A (Desi Consultancy) to provide me the W2 form, experience letter, Last month payslip & Salary. Its been almost an year, they were not even showing interest on discussing this topic.

When I asked about my W2 form intially they ignored to give me that. I threatened them over the phone saying that will file a complaint with IRS.............. then they have provided the W2 form.

I'm not sure whether they run my last pay stub or not, but when I look at my W2 form and last to last month pay stub amount I see there was a difference of 1 month salary amount. So I assume they have run the paystub but not giving it to me.

Could you please help me on this ......How can I approach them to get my last month pay, payslip and experience letter? I dont want to argue with them as I would like to stand on good book side. Is there any way that I can complaint a case or talk to them again on this to get it close the issue and to live hassle free.
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FAQ: AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor

Hello Kanna
I am on EB3 ( Country of birth- India and Canadian citizen) I-140 approved on May 2007 and currently Pending I485 (AOS). I am on EAD since then and renewing them without any gap. Last month (Oct) my sponsoring company fired me.
I am currently looking for a similar job and fortunately I am getting better offers which are more than "SIMILAR' job description and paying very well. Meaning out of 10 requirements for the job, only one or two of them will classify under "SIMILAR" job description. Other requirements I have learnt through my work experience and personnel study. I have the following questions for you
1. Can I entertain the new offers? How will it reflect, when my case number become current
2. Can work for that company as a contractor (1099)
Please advise and Thanks You very much for your service to the community.
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Hello Sir,

I have been selected under DVLottery for OC category in September and am waiting for my interview date. However, I migrated from a Pacific country to NZ early this year and I acquired court orders to be able to take my child with me as this was the immigration requirements for NZ. I would like to know if for Green Card, they will require me to get another court order before my child qualifies for the Green Card with me. The court orders that I currently have states that I can take my child with me for migration purposes but under conditions it states that the child's dad can visit him in NZ.

Appreciate your advice on this one so that am well prepared for the interview when it is scheduled next year.
FAQ: Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa
Dear Sir,

What is the duration of outside stay that is advisable in-between visits on a 10 year multiple entry visitor visa. My mother-in-law was here for 2 months to help with my wife's first trimester for 2 months (sep11 - Nov 16) and will be back in March for the delivery.
Should she be looking to stay for only the remainder 4 months in the rolling one year period or is the 6 months duration calculated based on calendar year? She would like to stay a bit longer than 4 months if possible. Note that she has been here before also, a couple of years back on the same visitor visa.

Many thanks for your invaluable service.

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Hello Mr. Khanna,

I'm working in the construction industry as a H2B in Guam.

My visa expired on Aug. 30, but my employer timely filed for an extension, and the RFE (Request for Evidence) Deadline is by December 8.

Just this year, Guam has experienced an almost 100% denial rate for extensions from 98% acceptance rates before for some reason.

My employer assumes that the denials will continue, but wishes to maximize our ability to stay here and work for as long as possible, so he will be appealing all the way.

As I understand it, we have 240 days maximum from the visa expiration date (Aug 30), or until USCIS has made a final decision denying the extension application, whichever comes first, that I can continue to work. The exact language from USCIS is "until USCIS has made a final decision denying your extension application."

What does "final decision" mean assuming that my employer will appeal as much as possible. From what I understand, you can appeal twice until jurisdiction goes over to AAO, then apparently, the 240 days does not apply anymore since jurisdiction changed? Is this true?

My labor certification expires at Aug. 30.

Or since, my visa expiration date is Aug. 30, I just have to leave at roughly April 30 (240 days) whatever stage my employer is at on appeals.

I apologize but could you just very quickly go through the entire appeals process as I'm getting conflicting information.

From what I understand, it is:

1. Extension Application -->
2. Request for Evidence if needed (Dec. 7 for me)-->
3. Denial #1 -->
4. 30 days to Appeal #1,
5. Appeal #1
6. Denial #2
7. 30 days to Appeal #2,
8. Appeal #2 (jurisdiction goes from USCIS to AAO)
9. Denial #3 (Is this the "final decision?")

From what I've heard, this entire process should take much longer than until April 30 (end of 240 days from my visa expiration of Aug. 30).

So, regardless of whether we are appealing or not, do i have to leave at roughly April 30?

I have heard from my employer and his lawyer that jurisdiction goes from USCIS to AAO, so legally, the 240 day period no longer applies.

I'm very confused and concerned and even doesn't seem to be 100% sure.

I'd be very thankful if you could explain this.

Thank you very much. I'm sorry for the long writing.
Hi Rajiv,

I'm currently on my OPT and working full time for 40 hrs/week.

I wanted to take up a volunteering position with the International Rescue Committee (for a few hours every weekend). I do understand that I cannot work for more than 40 hrs/week while on OPT. But do those 40 hours include volunteer work as well? It is an unpaid volunteer position and it's something I just want to do for a cause I believe in.

I plan to continue my full time job for 40 hrs each week and spend a few hours on the weekends volunteering for IRC. I'm not sure if OPT rules permit that.

Hello and thank you for this service
My fiancée back home has a daughter who lives here, has extended her stay (she came here after the earthquake) and will be 21 in April. She (my fiancée) works and lives abroad. We both decided that she shall keep her job as my plans are to move back there within the next three years. The questions that I have is this, she has a visitor's visa, will she be able to come back as she pleases or does she have to wait until things are finalized to do so? Secondly, will we have a problem with the daughter that lives here, i.e. will she have to go back? Will her age be a problem?
FAQ: Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment

Hello Rajiv ji,

1) Can H1b visa be applied for part time work - say 24 or 32 hours per week? Is there a minimum number of hours required for H1b? Also, if one gets H1b visas for multiple jobs, is there a max limit on total number of hours?

2) If someone is doing residency on cap-exempt H1b visa which is valid until June 2017 and will need visa thereafter for physician job, can they submit application for H1b for a cap-subject job with start date before June 2017 and avoid being counted towards cap limit? The current cap exempt residency will finish in June 2017, but can cap-subject job continue for some years thereafter? Is this the concept of "concurrent" visa?

Regards and thank you,
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My daughter received Permanent residency approval notice yesterday and her middle name is split in two and appears incorrect. All her immigration receipts show correct name so I guess it is USCIS error. What is the procedure to correct it? We want to apply for her SSN ASAP as she is college bound next year. Should we apply for her SSN first & then correct her name on GC?

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Hello Sir,

What is process of applying humanitarian parole, how long it can be granted? My sister has applied for immigrant visa but it is long wait time. Now my father's physical health is not good, she wants to visit to see father here but did not get visitor visa. Can we apply humanitarian parole based on medical conditions?
Hi, Currently on L1b visa with A company which is valid till FEB 2017.
My H1B petition filed by employer B got picked up in April and petition got approved but COS is denied.
What are my options to start working in h1b now.

1) should i travel out of US and get visa stamped and come back on h1b to start working for B employer?
2) Can i change my employer from B to C and file a cap exempted h1b petition?
A question from our forum member:

H1-B is going to expire on 28 April 2017 and i will complete 5 years and 2 months with my present H1-B till April 2017.
My extension is filled with the present client and my current project is ending by march 2017.
My I-140 is approved with priority date 2013.


1.How much time H1-B extension is taking now a days ?

2.If H1-B extension will take 7/8 Months then:

a.If I will not get any project till April/May 2017 then what will happen ? do I need to go to India ?

b.If I will go to India and my can my H1-B extension will continue ?

c.If I need to go to India and If i will get project after 6 month then how I can come to USA ? on my old H1-B or i need to go for new H1-B CAP ?


A question from our forum member:

I went through I-140 EAD Regulations, but i am not able to understand completely.
If possible can you please explain it in detail with examples.

I have one more question :
My I-140 is approved can I use AC21 to transfer my green card to my new employer ?

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