Recording Available, December 14, 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: January 11, 2018
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

Currently, I am on OPT and my H1B petition is pending status which was submitted for location in CA.

In meanwhile, I got assignment through new employer in NJ and continue working on OPT as my H1B is in pending status.

Once my H1 is approved and if I decided to continue work on NJ then per my understanding, I need to file H1B amendment with my original employer who filed my H1B petition (due to new location).

Here are couples of questions, since I am traveling out of county in Jan 2018.

Scenario: Once my H1B petition will be approved and H1B Amendment is in pending status for NJ.

· In this case if I travel out of country, do I have to appear for VISA stamping?

· And if yes, then for which H1B petition I need to use? Per my understanding, I can’t use the petition as it is in pending status and can’t use original H1B petition as it is no longer valid.

· Will I be able come back on USA on my OPT Visa since my amendment is pending status?

Sanjay Mishra

New Member
FAQ: Does bad credit or private loans/litigation affect immigration?
I am UK citizen and had withdrawn a bank loan when I was in UK, which I did not pay back. I am on bad credit in UK.
Currently I am working in USA for more than 2 years and my current employer in USA is ready to sponsor Green Card for me. My current USA employer does not know about my bad credit in UK.

My Question is: During background and security check for green card process, will this loan effect my GC? Does the GC background and security check process includes financial unpaid loans/bad credits in other countries as well?

Please reply and provide guidance. Thank you
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New Member
Hi Rajiv Sir , Thanks for all your valuable contribution to the community. We all appreciate all your time and guidance .

I have a question around EB1 C eligibility process and wanted to see if you can guide me here.

I am in US for last 2.8 years on H1b with my designation as Computer Analyst on Petition . My H1B petition was submitted in 2014 while i was in a Lead role (Supervisor) in India.. For me to be eligible for EB1C category, my employer is suggesting to change my designation on H1B petition from Analyst to Manager.

My Total exp is 13 years and i am doing managerial job for last 2.8 years in US .I have also worked for 2 years as supervisor while i was in India for the same organisation.

My question is :

Is it a legal requirement to have Manager designation in H1b Petition for filing my GC in EB1C ??
If answer to above is Yes , do you think the designation change process on H1B petition is a fairly easy one or takes a long time to get through..


New Member
FAQ: Changing jobs after I 140 approval, returning to the old job, etc.
I am on H1B visa in US from 2008 with employer A, and i have I-140 approved in 2011 from Employer A,
Now in 2017 i am planning to change my employer to Employer B.
My question:
Scenario 1 : If say Employer B doesn't sponsor/start my GC/I-140 in 3 years, can i employer B use Employer A's I-140 to renew n number of times ?
Scenario 2: If i didn't like employer B in future and they have not sponsored or started my GC/I-140, can i switch to Employer C ,using Employer A's I-140.
Scenario 3:If i didn't like employer B in future and they have not sponsored or started my GC/I-140, then i switch to Employer A ,using Employer A's I-140 .. now do employer A again has to restart GC/I-140 ?.
Scenario 4: How much of over lap of dates of employment can happen b/w Employer A and Employer B.

Thank you very much for your help and community service.

Hello Sir,
I am on my 7th Year of H1-B and my I-140 has been approved in Feb 2017. It is currently in approved status with 180 days passed with Employer A. Now i would like to move to Employer B with this approved I-140. After i move out Employer A would anyway revoke/withdraw my approved I-140 by sending notice to USCIS. Now my questions are:
1. Will my I-140 be in approved status even though Employer A has revoked/withdrawn approved I-140 as per the Final Rule?
2. Can the new Employer B transfer my H1-B and apply for H1-B extension when Employer A has revoked/Withdrawn my approved I-140?
3. If answer to Questions 1 and 2 is Yes, then should Employer B immediately file for my GC paper work (PERM+ I-140) for my further H1-B extensions or can the I-140 from Employer A which would still remain in Approved State (even though employer revoked/withdrawn after 180 days of approval per final rule but not USCIS) can be used for multiple H1-B extensions?
4. At what point of time should Employer B start my GC paperwork if the approved I-140 from Previous employer is revoked/Withdrawn? Is it at the time of filing I-485?
5. Now with approved I-140 from Employer A (even though revoked/withdrawn by Employer after 180 days of approval) and without Employer B not starting GC process immediately but only does H1-B extensions till my priority date becomes current can my Spouse work on H4-EAD?

Sorry to ask too many questions. It would be grateful if you these questions can be answered so i can get some insight.
Thank you!
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New Member
FAQ: Effect of salary variations during L-1A visa
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year.

Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date?
1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000?
2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month

I just want to make sure that choosing any of the above 2 ways and running the payroll with different amount than mentioned in petition does not affect my GC process in EB1 category.
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New Member
Hello Rajiv Sir,
I am holding an Indian passport and has come to japan through my Indian employer on a work permit. Now is it possible for me to apply for H1B from japan by my own?
It would be extremely helpful if you could share the link where i can get all the details required for process.

Thank you so much for your help.


New Member
Hello Sir

I have discussed my query in one of your conferences in August second half/ September 1st half. This is a follow-up. Quick brief again.

My Visa: H1B . H1B valid until (end of) Dec 2017. i140 approved through employer XEmployer in January 1st week 2017. Priority date of June 2014 (from the previous employer).

XEmployer is based of USA but operated majorly from recruiters sitting in India. XEmployer does not file fresh H1Bs but only do H1B transfers, and promote themselves as 'for candidates looking for H1B transfers'.

Paystubs: XEmployer generated paystubs (ADP) from Jan, 2017 to March 2017, none post that. Medical insurance for Jan-March 2017 shown being deducted from the paystubs, but from the back door they asked the Medical Insurance company in June 2017 to roll the Insurance back to Dec 2016 quoting 'She/ candidate is no more an employee with us.' Medical Insurance company followed the ask.
No paystub paid to me in 2017 to me. Part of 2016 paystubs also not paid.

I complained to WHD in Aug 2017. I returned to India end of September of 2017.

When WHD reaches out to XEmployer for my claim (permission to use name provided), XEmployer says/lies that they have sent a notification of termination of my employment to USCIS and her in Feb 2017! And that they are ready to pay the cost of the ticket back to India. No documented proofs are given to WHD by XEmployer. XEmployer says it happened all over phone!

I checked with my EAC number and found that in Oct 2017 USCIS has received some communication from XEmployer.

Do you see this as a case of retaliation by XEmployer? Do I qualify to seek whistleblower protection? Can I file a complaint to OIG on my own hence? Would I need the support of the WHD Investigator for same? What can I do.

On discussing, WHD Investigator says 'since you are not available for work "now", this is not a retaliation.' But why is it not a retaliation as there are only 2 months left for my H1B to be valid and I was already out of USA before (at least 2 weeks before) USCIS received possible notification to have my visa cancelled from XEmployer and mostly after WHD reached out to them, and I have filed the complaint to WHD 2 months before USCIS received this communication (in Aug 2017) from XEmployer?

Thank a lot for your help Sir. Sincere appreciations.

Hello Sir

I want to add to my post (number 8) above an additional query.

I was told by WHD (investigator other than the one who has been assigned my claim) that your employer has previously been investigated by WHD. Given that this 'would be' a reinvestigation, it is not good. However so, given that I had given the permission to use name to WHD, I 'feel' that the current-assigned-investigator to my claim did not investigate the XEmployer in general but only for my claim, which became the reason for XEmployer to immediately file for revoking my H1B with USCIS.

WHD website, factsheet number 44 states that "Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment."

Through State WHD as well, I know that at least 2 claims had been filed against XEmployer earlier than the first quarter of 2017.

Could XEmployer be subject to criminal penalties hence, or this at least being termed as a crime?
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New Member
Hello Sir,

My H1-B visa and I-94 expired and my current employer A filed for an extension (before H1-B visa expiry) and got an RFE. Employer A responded to RFE (Also, H1 amendment for client change was denied and my employer filed an MTR). Now, I got an offer from employer B. Is is safe to do H1 transfer with employer B? or Do I need to wait until I get H1-B extension approval for employer A (if I need to wait, is it safe to go for a premium processing now)? What is the best option to do in this case?
Thank you.
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New Member
Hello Sir,
My wife first came to US on H4 in March 2014 and went back to India in April 2014. We found a consulting company to file H1 while she was here. Her file got picked up in lottery. She came to US in Oct 2014 on H1 but sadly the project for which she was allocated ended and she was on bench. She found another project in Feb and worked for 3 weeks. In 2016 she was pregnant and we decided to move to H4 ( which was already stamped in Jan 2014 valid till sep 2016). We went o Tijuana and she entered on H4. We got a new I-94 till June 2017. I filled for an extension for my H1 and her H4 in Jan 2017 and both got approved till Jan 2020.

We went to India for stamping in Oct 2017 together. Mine was approved and her went into administrative processing. Later on she received a call from Kolkatta consulate to come for face to face.
During the interview the VO asked did you work for the first company for which H1 was filled for, to which my wife replied yes. Then VO asked her about my work and profile. The VO took 10 mins and came back with a letter and said there is a serious hit against your VISA hence we cannot give you your visa.
VO gave her 6CI and told her she can apply for waiver.

What my option now? How should I proceed?


New Member
Hello Rajiv Sir!

Many thanks for your help.

I am on H1-B and my I-140 is approved a year ago by my Current Employer, but my Current Employer refused to share I-140 Approved I-797 Notice copy.

I requested I-140 documents through FOIA, the following documents are provided by FOIA
1. Copy of PERM Labour Certificate
2. Copy of I-140 Application Form with UCIS Approved seal and also other details like LIN Number, EB2 Category info, and Priority date.

Note: FOIA did not share I-140 Approved I-797 Notice Copy
But I got Alien Number (I-140 Approved A-Number) through USCIS Info Pass Appointment

Here is my Question:
Currently, I am on the 6th year of my overall H1-B tenure.
With these available documents, Is there a possibility to do H1 Transfer through a new Employer beyond the 6th-year extension
based my current Employer Approved I-140.


New Member
Hello Rajiv sir

I am on 6th year of my overall H1-B tenure and my current H1 has 10 more months validity and my I-140 got approved last year(Oct-2016)
My current project is going to be ending soon in State Of California, and my employer is planning to assign a new short term project in a different state, i.e., State Of Washington, may be the project duration is 3 months or more, and there is a possibility for relocation back to Original location i.e., State Of California (Same City / MSA region)

Here is my Question:
In this case as per my knowledge new LCA is mandate with new Project location (State Of Washington)
on top of LCA, Is H1 Amendment is also Mandate? or else Is there any Grace period to avoid H1-B amendment for Short term project durations like 3 or more months. Please provide me information on this, Many thanks for your time and help

Priyaj Kumar

New Member
FAQ: Implications of alcohol-related convictions, such as DUI, on immigration or H-1B
Hello RAjiv Sir,

I am on H1B visa and was charged with DUI(1st off, no injuries, no aggravating factors) on October 29th,2017 at 2:30 AM in Harrisburg,PA. Took breathalyzer test and also the eye test was taken. After that I was taken to the booking center for bio-metrics and blood test. After 3 hours I was allowed to go home.
I have been charged with the following:
Gen Imp/Inc of Driving Safely - 1st Off 10/24/2017
DUI: High Rte of Alc (Bac.10 - <.16) 1st Off 10/24/2017
Obedience to traffic control devices - hazardous condition 10/24/2017
What should be the next steps to be taken. Also how and what can be done to reduce the charges?
1. What will be the impact on my current stamped H1B visa?
2. If H1B revoked, would the visa be issued again or not?
3. How risky is it to go to India after the preliminary hearing(03/19/2018), but before the verdict, as I have to travel in April 2018?
4. The incident happened on October 29th, 2017 at 2:30 AM but in the record they have put the offence date as 10/24/2017. Can we use this point to get the case be dismissed?
5. When should I inform my employer?
6. My employer has recently initiated my GC process. what will be the impact on GC process(Perm Process)?
7. What will happen if not convicted for DUI and will have to pay fine and go through ARD program?
8. Does going to ARD program mean I am pledging guilty?
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Dhru Parikh

New Member
FAQ: Staying in the United States based upon medical need of child, B-2 or humanitarian parole
Hello Rajiv Ji

Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18.

Since It is uncertain I will get another employer who can sponsor h1b immediately,

Is there any provision for US born, parent can stay due to her undergoing intensive treatment?

Can we apply for humanitarian parole?

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New Member
Respected Rajiv ji,

I am in US on L1A visa. Do I need to amend my L1A petition if my office location changes to what it was at the time of petition. It would be in the same state but different location.



New Member
Good evening Sir. I believe this meets you well.

My wife entered the US in December 2016 and sought and applied for asylum in January 2017. She got a receipt/notification in mid Jan 2017. I was included in that application but I was not in the US then. She did her fingerprint/biometrice in Feb 2017 and has gotten her EAD and Driver License in the last quarter of 2017. She is waiting for the asylum interview. When I joined her in September, she sent in amended application to include me as a derivative. She also submitted a cover letter appealing that i should be accorded this same priority date as hers (i.e. Jan 2017). The amended application has been submitted and I recieved notice of action to go for fingerprinting/biometrics. I did so end of November 2017.

My question is that can I now apply for an Employment Authorisation Document?


New Member
Hello Sir,

I am on my 4th H1 with I-140 approved my I-94 has expired in Oct16 since then my employer was going back and forth with USCIS regarding a RFE now he said that most likely USCIS will reply with Approved or Denied. Recently I got married to someone who was born in Nepal(My country of birth in India) so I am planning to use cross chargeability so I can file for 485.

Q> In the event my H1 gets denied my 485 will be done in consular processing so do I have to goto India or Nepal?
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