Recording Available, February 07, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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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: 21, February 2019
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: Is H-4 EAD tied to an employer of H-1 holder or to an I-140?

Hi ,

I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A).
In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application.
Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved.
my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days.

In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?

is H4 EAD tied to the approved i140,if in case i140/H1 from employer A is revoked , the associated EAD will also become invalid?
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FAQ: Naturalization, issue, stay outside for medical reasons ||
Hello Mr. Rajiv S. Khanna :
My parents are getting ready to file their N400 naturalization application online soon. Here is their situation :
They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Our questions :
1) Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?
2) Given the recent attempt to expand public charge criteria will the fact that my parents received ACA premium assistance adversely affect their N400 application ?
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Hi Rajiv,

On Apr 2018, My Employed filed
1) H1b Extension (For me )
2) H4 Extension (For my daughter)
3) F1 OPT to H4 (For my wife)

We have received H1b, H4 extensions in Jan 2019. But still my wife's F1 to H4 is pending. Could you please let me know if she accrues any unlawful presence as it is almost 8 months.


I am an Indian National living in India with my partner who is a US Citizen (and is here on a work visa). Her work finishes here this May end and thus we are hoping to go back to the US so that we can stay together.

Staying together is our primary concern - which means we do it by is open. She has to stay in the US given that she needs to be there for her aged family at this point of time.

We are wondering which is the easiest and most definite way for me to get an entry to the US to stay this summer.
1) Tourist Visa - I don't need to work given that I don't work even currently (I am working on setting up a blog)
2) Fiance Visa?
3) Get married here and Marriage visa? (we have heard that the last 2 options may cause us to be stuck in different countries for quite some time, and this is the only reason we are delaying getting married, otherwise if visa requirements didn't exist we would have been married by now)

What are the different things we need to be concerned about?

My partner from the US has enough savings to show that she can take care of me. While I personally have no property or consistent job to my name (given that I am a freelance outdoor educator).

Hoping you can help.
My I140 is approved in EB3. There is a likely hood that EB3 filing date (not final action date) may advance in next few months which will make me eligible to file I485 (based upon my priority date)
1) Is employer required to file I485 with USCIS or can it be done by Employee independently without any employer involvement ?
2) Are there any documents or steps in I485 where employee has dependency on employer ?
3) Is Employee required to hire some external attorney (if employer or employer attorney is not doing it) to file the I485 ? (mandated by law)
4) Once I485 is filed, is it correct that after 180 days the employee becomes eligible for portability (same or similar jobs) ?
5) If lets say one gets the Job portability benefit (180 days passed since filing 485), what is benefit in waiting for the Final Action date to be current ?
Recently we have responded to the 2nd RFE of my H1B amendment related to change in work location (Chicago) however we anticipate a denial as the project now is getting over and the SOW end date is coming soon. In the meanwhile my H1B visa expires in another 6 months so my employer wants to file my extension with the original location (Boston) where the base office is located and same as my petition. Is it possible to apply the H1B extension when we are still waiting for the H1B amendment decision ? In such situation is there a risk of Extension being denied? Or should we wait for the amendments response?

I had my N400 interview in November 2018. Along with my dad and my brother had his 3 wks after. They boats gor their Oath letters and passports

I have not heard anything yet. My application was approved right at spot.

Should I contact USCIS?
Hello Rajeev Sir,
I am on H1B visa and my wife & son is on H4 visa with validity date Feb 28 2019.. My Employer has filed Amendment + Extension for me and extension for my wife and son in july 2018 and it's still pending.I have completed 4 years on H1b and 2 more years are reamining.

My sister in law has filed I 130(F4 India-Brother Sister Catefory) on Jan 03 2005 for my wife .Feb Visa Bulletin date of filing is showing Feb 01 2005 .
I did not reveive welcome later from USCIS yet.
Can I file I-485 after my I 94 /Visa expire and during 240 days of H1b Grace period ? If My H1B extension will be denied then will it have impact on my Family Based i 485 ?
Dear Rajiv,

After completing my Masters degree in the US in 2005, I was issued H1B visa. I used it from 2006 to 2009, for about 3 years. Upon losing my job in 2009, and while trying to get the H1B transferred to a new employer, I received a denial notice. I left US for my home country (India) thereafter. My first question is (1) Can I use the remaining 3 years of H1B, originally issued in 2006, even at this time (e.g. is an employer eligible to file a transfer of H1B to use the balance 3 of the 6 years of the H1B)? I ask this as I'm not sure how much H1B rules have changed in the last few years, and want to confirm that I can still do without filing a new H1B (i.e. stay cap exempt), since filing a new H1B would have cap attached to that process.

Recently I immigrated to Canada, and will be filing for Canadian citizenship soon. While a Canadian PR, I have travelled to US on B2 visa last year. Once a Canadian citizen, I understand I can find a job in the US and thereafter apply for a TN visa at the border to be able to work in the States. My final question is (2) Once I give up my current Indian citizenship, and accept Canadian citizenship, can I still use the remaining 3 years of my previously discussed H1B (say if I later need to move from TN to H1B visa), if needed? Or is the H1B tied to my Indian nationality, and no longer valid post a Canadian citizenship?

Thank you for taking my questions.

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FAQ: University of Farmington, Michigan issues
Hi Rajiv Sir,
Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan.
I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
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Hi Rajiv,

I am currently working as a contractor for a client and my H1b visa is valid till May19. My client is interested to take me full time.

My current employer is going to apply extension now for the same client. Same way my client is interested to sponsor my visa.

Can I get this done in parallel ? Please let me know.

Thank you
Hi Rajiv,
Thanks for helping us out on immigration questions. I have my current 797 and Visa stamp till Feb 2020 from Employer A. I recently moved to Client position (Employer B) and started working on receipt notice which was filed at CSC. Now I need to travel outside of USA for client meetings by End of March. I know I can travel outside of USA but I have few questions on flying back to USA:
1. Can I come back with my Employer A 797 because my current employer 797 is not yet approved and assume it will take several months under normal processing as premium is not opened yet and we are unsure it will open Feb 19th.
2. If Employer A revokes 797 then can I travel back to US with receipt notice of current Employer B?
3. If Employer A not revokes then can I travel back to US with old 797 from Employer A?
4. Are there any chances that premium processing will open on Feb 19th?
Hi Rajiv,
Thank you for taking the time to answer our questions.

I Have a question regarding AC21, I know that if the AC21 requirements are met (Approved I-140 and +180 days pending I-485) then I can port to new employer to work the same or similar job.

My question is, assuming I have met all the above-mentioned requirements (Approved I-140 and +180 days pending I-485), can my current/petitioning employer move me to a different location than the one mentioned in my LC without affecting my I-485 ?

I asked a lawyer last week and they confirmed that I can go to a new employer anywhere in the US but I cant change locations with my current employer! Do you agree with that?
Thank you.
FAQ: Doing business while on H-1B
Hello Rajiv,
Thank you for doing this conference call and answering our questions. I live and work in VA and probably will plan to book an appointment with your office after I understand the basics.

I saw your video on doing business on H1b and understood most of the things such as applying concurrent H1b if I want to be actively involved in the business. I have 3 questions related to the topic. I will open an LLC or any other type of entity that my CPA will suggest but

1- I plan to start with a simple e-commerce business (selling online on a website and other platforms such as Amazon). How tricky is it to get approved for a Concurrent H1b for managing this type of business? I work in IT but I do have MBA and MS degrees from USA. I will be managing both the Technical and Management side.
2- I remember that Concurrent H1b will have to abide by all rules of H1b. Will this means that I have to have start-up capital of more than yearly prevailing wage of CEO in the bank to qualify? I plan to start with 10-20K.
3- Will this Concurrent H1b will be cap-exempt or I have to go through the lottery for this?

Thank you for again for taking the time to answer my questions.
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Hai Rajiv.

I am currently on J1 VISA. I have my I-140 approved under EB1A category.
Besides, my J waiver is accepted with USCIS. However, I-485 application (Change of status) priority date is not current for India. Hence, I could not file my I-485 application and my J1 is going to expire in next few months. Potentially I may lose my VISA status after my J1 VISA expires, without getting chance to apply for I-485.

My question is, if USCIS makes the I-485 application date current within 30 days after my J-1 expires, am I eligible to apply for that I-485 ?
I can stay in USA for 30 days after my J program is completed, but I am not sure if I can apply for I-485 during that 30-day period.

Please help.
Thank you for providing the service to the community.
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