Recording Available, December 03, 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 17, 2015
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
I have a H1B from employer A valid from May 2013 to May 2016. In 2014 I went to India and I also have valid visa stamp till 2016. But later I changed to H4. Now I want to change back to H1 and the same employer A is ready to do H1 again. Now if I travel to India do I again need to go to stamping?

Can they start to do H1 process if I am in India? If the H1 gets approved in India should I go for visa stamping?


New Member
FAQ: How to Calculate Dates from Visa Bulletin

How can I calculate my sister's possible visa interview? I am confused with these changes on final action date etc.
Her PD is 1 Feb, 2011 visa category F2B
She has already submitted dox to NVC. When she was waiting for the visa date she turned 21 and moved to f2b cat.

Now looking forward to next visa schedule from the embassy.

1. When do you think it will be?
Which table to consider? At the Visa bulletin one, I mean.

2. Once the other parent becomes citizen in USA would it be helpful to submit another petition for her? Would you advise it to be in the safe side?

Thnx much.
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New Member
FAQ: What is I-485 Preadjudicate/Preadjudication?
FAQ: How soon must I join my future green card employer?
Dear Sir,
First of all thanks a lot for providing this community service !

Situation -
I have my EB2 India PD as March, 2008.
I applied for I-485 in Oct 2014 (Future based GC application)
My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.

Question -
1. As I just got Medical RFE and no other document request such as employment verification letter, Valid EADs from the time of filing I485 etc, is it safe to assume that my application has been pre-adjudicated and waiting for just VISA number?
2. What does the term pre-adjudication mean?
3. What is timeframe by when one should join the GC sponsoring employer after getting the GC?
4. As mine is future based GC application, How likely is it to get called for an interview once my date becomes current?

Thanks !
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New Member
FAQ: Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers

First thank you so much for the community service. My question is a little bit different here, and I don't know if you only answer US Immigration questions here, but I am so desperate and have no one to ask.

I am holding a Canadian student visa, now is my second year in Canada. I was issued a B1/B2 visa last year. Then I was charged of Theft under $5000 this June, and the charge goes withdrawn-diversion in July.

When I went to US Embassy for visa renewal this October, the officer asked my about the charge, and I answered honestly that I did it on purpose and I really regret my behavior. He rejected my class B visa, gave me a pink paper, which says the denial is under Section 214(b), which says that alien doesn't show strong ties with home country.

After I carefully searched online resources, I found that my admission of the offence will make me inadmissible to enter US, as a moral turpitude. But the officer didn't say that I need waiver to enter US.

1. So my question is:
does this mean that their denial is not based on the Crime of Moral Turpitude, but I really didn't show strong ties? Or they just don't reject me explicitly with the real reason? I will marry a Canadian citizen next year so it would be a strong tie then. Or do you suggest me to apply for Waiver of Ground of Inadmissibility like I-106 whatsoever?

2. Another question is:
I got an offer of a big well-known US company for summer internship, and I need to apply for J1 Visa. How will the charge affect me J1 application?

Any thought or idea or suggestion is really appreciated. I am so desperate and I couldn't tell anyone about the charge or the job offer...
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My I-140 is approved and PD is Oct 2013 and I want to be ready for next step, I don't have my Vaccination record so I am planning to take vaccination and be ready for next step

my all friends got different Vaccination list from different immigration Dr. all don't have any record for Vaccination. I am really not sure what all Vaccination is really required.

From CDC website I found below list but can you please let me know what all Vaccination required for I-485 and EAD ?

What vaccines are required for U.S. immigration?

At this time,* vaccines for these diseases are currently required for U.S. immigration:

· Mumps

· Measles

· Rubella

· Polio

· Tetanus and diphtheria

· Pertussis

· Haemophilus influenzaetype B (Hib)

· Hepatitis A

· Hepatitis B

· Rotavirus

· Meningococcal disease

· Varicella

· Pneumococcal disease

· Seasonal influenza


I-140 revoke fees


If my employer revoke my I-140 then how much it will cost to them ? why I am asking because it will cast lots of money than they might not revoke my I-140

You can give us tentative fees Idea , Immigration revoke fee ( not attorney fee)


if my employer will revoke my I-140 then will USCIS will inform me ?

I check on below link , this will give me latest information ?


Registered Users (C)
My wife has applied for COS from H1 to H4 and EAD three month ago but we didn't receive any update from USCICS. Currently, she is on the maternity leave from the last 3 months. Will she be out of status If COS denied and employer revokes H1B visa ? She is planning to travel to India. Does she need to wait for travel until the
result of COS H4 and EAD comes ? Can the same EAD be used for work once she is back from India after H4 Stamping ? Is spouse's client letter required for H4 Stamping ?


Registered Users (C)
1. Can I do group appointments for two different Visa Category ? For example (H1 visa for me and F1 visa for my spouse)
2. Can we travel to India while we are on OPT ?
3. Can you shift position with in your organization while they are filing for your GC Labor ?


New Member
FAQ: Naturalization delays

Hello Mr Khanna,

Thank you so much for the community service.

I am living in Lexington, Ky. My wife and I filed N-400 for citizenship on 2nd Feb 2015. Our 5 years green card date was 14th April 2015.
My wife already got her interview, oath, passport done 3.5 months back but I am still waiting for my interview. Its already 9.5 months.
Our field office is in Louisville, Ky and their website shows that their processing time is 5 months. My application is way beyond 5 months.
I did submit case inquiries and first time (9/11/15) they told me that “Due to workload unrelated to your case there is a delay” and second time
10/15/15 they told me that “security clearance is being done”. I took the infopass and went to Louisville field office. They told me that my case is
with “national service center” I think and they are waiting for security clearance.

Just wondering, is there a time limit to the security clearance?. I was reading over the web that some people in my situation did something called
“writ of mandamus” with the help of a Lawyer. Do you think, this is something an option for me. Let me know.

I don’t have any criminal record except few speeding tickets that I paid. am an Indian Citizen.

Thanks a lot
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New Member
Hi Rajiv,

Below is my scenario.

1) I started Masters In Summer Trimester (May 2015 to August 2015) as H4 student
2) Got the I-20 (Validity start From September 2015) and applied for H4 to F1 in June 2015.
3) I started Fall (September 2015 to December 2015) as H4 Student
4) H4 to F1 COS approved on October 10th 2015. So Fall 2015 considered as F1?.

To get OPT Eligibility, I should study Spring (Jan 2016 to Apr 2016) + Summer (May 2016 to August 2016) + Fall (September 2016 + December 2016) ?.
Or If I complete Masters by Summer (May 2016 to August 2016), eligible for OPT?.


ajay kumar

New Member
Hi, i have I-140 approved with Employer A. I left him after 1 year of I-140 approval and joined Employer B. Now after 6 months with employer B, i want to go back to Employer A. Employer A still has my I-140.

1. Will there be any issues when filing I-485 or in later stages of green card with employer A?
2. What if employer A did not revoke my H1b for six months and will meet the minimum LCA wage for that year? Do i have to file a transfer to Employer A or i can use old h1b from employer A? Will there be any green card filing issues with Employer A if H1b LCA wage is met but not green card LCA wage?
3. Which one is better option? to revoke my H1b or use existing H1b with employer A?
---- Question regarding H1b ammendment
4. If H1b employee has changed location in 2014 and LCA was filed for the new location and got approved. Now with recent USCIS update(Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015)), does petitioner has to amend his H1B?

Thank you Rajiv Khanna for helping people. God bless!!!


New Member
My mom filed green card petition for my Brother and his family in Oct 2004. My brother lives in India. We received a letter from national visa center to submit the documents and pay 120 dollars for his green card petition file in end of June. We have been in process of collecting all the required documents and haven’t submitted anything yet.

Mean while just recently on November 16th, my mom passed away (very unfortunate thing in our family). She was the only one who filed for my brother’s family. My dad and I, both are US citizen but we haven’t filed for him.

We met our immigration lawyer yesterday and he told us that they can only try for humanitarian basis but chances are very rare to get any success. However when I called the local USCIS office as a general inquiry I was asked to send a letter to make my father as substitute petitioner. I am confused. My father is in India at this point and he can come back to US anytime if needed. He is retired at this point so can’t submit the financial documents to support my brother’s family. I can be his financial sponsor; and submit the affidavit of support.

Do you guys have any suggestion in this case? If you guys have any suggestion about good lawyers please let me know and I will reach out to them. I really want my brother and his family to come here to US.

Thank you for your time and consideration.


New Member
Hello Rajivji,

I am on H1B visa and my I-140 is approved with company A. I am planning to join full time employee with company B so here few concerns regarding changing my employer:
1) Can i keep my actual priority date for my I-140?
2) My wife is currently having H4-EAD , will there be any impact on that if i change my employer?
3) Approximate how much time it takes to get a new I-140 approval?

You are doing a great job. Thank you for your time and help.


New Member
FAQ: Birth certificate late registration and secondary evidence

Hello Rajivji,

I have a delayed birth registration certificate issued by municipal authority with place of birth: hospital name, city. My passport just got the city name as place of birth. I have a following questions related to this:
1. Do i need to submit secondary evidence when i file 485 because of delayed registration
2. Do i need to have the hospital receipts/records (of year born 1978) - I do not have this. Will this be an issue?
3. I have my school and college certificates which just has birth date and no birth place mentioned. Will this be suffice in case of secondary evidence along with three affidavits from parents and maternal uncle?
4. Do i need to get any other documents which can act as secondary evidence.

Thanks for your help.
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New Member
Hello Sir,

I have question of H4 to F1 Visa conversion. How much should be the maximum distance between Stay and college we are attending. If the college is just once in a month and if we travel 5-6 hours to attend the class and as per college norms maintain full time status will that cause any issue in Visa stamping H4 to f1. Also as you mentioned in other recording, if DSO gives letter stating the CPT is essential can we go for it. Can the work and stay at one state and college in another state is fine ? Or both needs to be in the same state and same city?

Also meanwhile can H1 person start a GC process...

I appreciate your help on this..



New Member
FAQ: H-1 status and FMLA

Hello Rajivji Namasthe,

My wife is on H1b visa working for a consulting firm. We are expecting baby in Feb 2016.
1. what could be the maximum allowed time period on FMLA
2. can my wife continue on H1 status with out pay checks on FMLA period.

General Note of Request: Is it possible for you to conduct these Free Conference Calls during weekend. Generally most of us are at work. Some of us are going to be in meetings and others may have to jump in to Emergency work like Production Support . So you may not see the actual posters responding to ur answer on call . People who post the questions will be more benefited if we can have the conference call during weekend. Even the listeners who have not posted any questions can ask follow up questions.
I heard you said one time you were planning to move the conference call to weekend. May be Saturday. I would truly appreciate if you can give it a thought and plan accordingly
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New Member
Hello Sir,

Below is a summary of my background before I ask my question:

April 2010: 1st H1 petition filed for employer A at India
Oct 2010: H1 Approved and stamped - valid until Sep 2012 (employer A)
July 2012: Traveled to US for 1st time on H1 for employer A
Sep 2012: H1 extension applied by employer A
Dec 2012: H1 extension approved (employer A) valid till Sep 2015 (not stamped)
Jan 2013: Returned to India and then quit job with employer A
May 2013: Traveled to US for Masters on F1 (F1 valid till 2018)
Aug 2014: Graduated and started working on OPT for a temp position (OPT valid until Aug 2015)
Mar 2015: Started a full time position for employer B
Aug 2015: Applied for STEM-OPT extension and approved (valid until Jan 2017) - currently working for employer B on the STEM Extension

Considering my STEM-OPT expires in Jan 2017, I understand that Apr 2016 would be my last chance to apply for H1 if I have to go through the quota and lottery.

My question is, since I have already been through the H1 process before, though for a different employer, would employer B have to apply for a fresh H1 petition for the Apr 2016 H1 quota and lottery process? Or will I be able to transfer my previous H1 petition to the new employer anytime before Jan 2017 and continue working on that transferred H1 petition?

Please let me know.

Thank you!


New Member
Hello Sir,

I am working on a telecommute job for a reputed organization since Oct 2012 on H1B. I am planning to go to India in Feb 2016. I don't have my Visa stamped on passport. I140 filed but not approved.

The work location mentioned in I797 is different from home address. The work location is not within normal commuting distance from my house. As per recommendation, I have asked my employer to file for an LCA. Since I am telecommuting before the change of work location is filled, can it cause any problem during VISA interview.



New Member
Rajivji Namaste,
Thank you for all the support you provide to our community here.

My wife got here first h1b in 2007, she worked on h1b till 2011 and then COS to H4. She has been on H4 from 2011 to till date. She is currently on h4 EAD.
1) If she want to get back on h1b then how many year of h1b does she have remaining years out of 6years
2) Does she get counted under Quota.
3) Will it only be a COS from H4 to H1B.

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