Recording Available, February 08, 2018 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: February 22, 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
I am US citizen (OCI card holder), my husband is Indian citizen (US green card holder), and currently reside in US. We are planning to go for surrogacy with egg donation in Eastern Europe. As per US citizen ship rule for birth abroad, child born through surrogacy need to be genetically related to US citizen parent, and hence we will not be apply for US passport directly. Is it possible that we get Indian passport for the child, and bring the Child to US directly from Ukraine? What visa should we apply and what will be the consular processing?
Another approach we are considering is to apply for US citizenship for my husband. He has completed 3 years on green card, and we have been married for six years. However, his green card was not through marriage. Does he qualify for applying for citizen, and what is the general time frame from application to approval? If US citizenship of father comes before the child is born, we may be able to get US citizenship for the child directly.
Please suggest the feasibility and preferred approach.

Shobit Joshi

New Member
FAQ: H-1B or other status denied - what is my status?

Hi , My I-94 expired on Dec 13th last year. Company filed for extension but i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ?

Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?

---------------------------A. Khare-------------------------------
Hello Rajiv sir,

I recently got denied for H1 extension (yet to get the denial notice), my employer was already preparing to file the Amendment for next assignment as current assignment expired. My companies legal dept is waiting for notice to understand the denial reason and decide next steps. While waiting for it, just want to check my options. I have following questions:
1. What are all my option now?
2. If we file Amendment + extension in premium, can I still stay in US to wait for decision, or I need to go out and wait for approval and come back with stamping?
Thank you for your time and valuable suggestion.
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New Member
FAQ: Can I get H4 visa stamping while the H1 to H4 change of status is still pending?
Hello Rajiv ji,

H1 to H4 COS pending from Jul 14 2017. I94 expired Nov 2nd. H4 to B2 applied on Oct 31 2017 as per our attorneys suggestion due to some delay with spouses visa. Spouse's H1 is now approved. I would like to get my H4 as soon as possible and apply for H4 EAD.

Can I go to Canada/ any close by country and get my H4 stamping done while the petitions are pending or wait till H4 is approved? or going to India is my only option

Thank you!
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New Member
Hello Rajivji,
My current situation is:
I applied for OPT in the month of December thinking I will graduate but I
had to retake a class. Couple of days ago, I sent a request application to
USCIS for OPT cancellation. I am now enrolled in the class I am supposed to
take. Being an international student, my International student advisor
wants me to submit a Reduced Course Load form to take one 3 credit class to
complete my MBA degree.
The issue now is, he is unsure about the I-20 procedure. While applying for
the OPT, I was issued a new I-20 with a program end date on it. The latest
I-20 I have had the program end date of Dec, 2017. Now as I am continuing
my degree and retaking a class, my advisor is not sure on how to get the I-20
fixed again or back to the previous state. Can he issue me a new I-20
stating the new graduation date/program end date, which should be May
2018? What exactly should be the procedure now?
I would really appreciate any form of help.
Thank You


New Member
Hello Rajiv ,
We are glad to have this service from you.
Firstly to start with we entered into USA with huge effort and Risk on 1 Nov 216 [Approved L1A Visa From June 2014 till June 2017 ].
I'm on L1A has approved I-765 till June 2019 but my I-94 expired on June 2017 working for Indian subsidiary in USA ABC-Americas,My Husband is on EAD now working for some client XYZ. my I-129 is filed on 22 Oct 2017 for Amendment from St.Louis to Chicago and its in processing status with CA center most likely and I found that it will take min 7-8 months to get processed, as its in progress I moved to Chicago and working for client, Now I got a medical Issue and Cannot afford here in USA which is costing 60-70% of my annual income towards it .So planning to go back to India and get it treated for a month or so , but my Company ABC-Americas says if I go back to india I need to wait until my Amendment is approved and resulting in loosing client biz.
Q01) Is it Mandatory to wait until my amendment is approved or should it be okay to go back to India for medical treatment ?
Q02) Say if I go back to India risking my amendment process to approve -another 3-4months , Can My husband continue here and work as he tied up with his client ?
Q03) Can we do like this: 1st my hubby will be going to India and re-enter with all approved stamping [I-765 is approved to him till June 2019] and continue working here for his client. Then I will be going to India for treatment for couple of months ?
Q04) He got H1B approved too but entered into USA with L2 an year ago [H1B is approved till June 2018].And Maintain client relation and working with them he wants to do COS [L2 to H1B] , but in future can he do again COS [H1B to L2] as he want to work for multiple clients or start up a small biz ?
Q05)If we both go back to India for this treatment, Can Only my hubby come back after a month ? or being he is on L2 status he is not allowed to come inside USA alone ?
Q06)Is any way I can expedite my amendment process showing medical reasons to travel ?
Q07) Does it helps us in any way for optimal solutions , if we take personal appointment with You/Immigration attorney at your Org ? Meaning any Optimal ways there to work around on my issues if we sit on ? As My Medical treatments are Pretty much time sensitive and Doc's @ USA had cautioned me to start treatment ASAP.
Q08) Can I invite my parents from india for moral support and if so what sort of paper work is needed ? and Where can I get those details ?

Thank you very much for your time and support, your forum really seems a humongous help.

Hello Rajiv,
I'm Satish, I entered into USA on Dec-1-2016 with my L2 Visa @ POE , Before entering I got L2 approved Visa and also H1B with some Indian Consulting firm.
I got my H1B approved I-765 till 2018 June and My L2 is till June 2019. Currently I'm working on L2 visa as this makes me stay with my family.
Being on L2 visa for longer time is not in my hands so I want to Keep my H1B ready tobe used i.e when ever I have some issues with L1 Visa employer ,Then I want to use my H1B -[Crossing Mexico Boarder/Canada ] so that I can maintain working status in USA with some employer.
Q01) Is any paper work should I have to maintain so that my H1B is intact with process and ready to use ? I cannot ask my H1B employer on this right this moment being he enforce me to do it now if I ask him.My H1B is approved till June 2018 FYI. Truly I dont want to use my H1B until I dont have any options to stay in USA.Kindly do advice me on any paper work to required to maintain my H1B.
Thanks for ur support and patience.
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New Member
Seeking to transition from H-1B back to F-1. I am informed that COS takes 2 to 4 months to process. Is it possible to use premium processing?
Also, I have an MBA. As I transition back to F-1, am I limited to just graduate school or PhD or can I enroll in a community college for a specialized course? Many Thanks!


Registered Users (C)
Hello Rajiv Ji,

I am a Green card holder residing in the US and my fiancé is in India holds a B1/B2 tourist visa.

I also hold a Re-entry permit doc (travel doc) which will expire in Feb 2019.

Taking a job transfer for a India subsidiary of a USA based company and moving to India in March.

1) To preserve continuous residency requirements for Naturalization petition.

Can I apply N-470 from India?

Looks like I can file N-470 within 1 year of moving to India?

2) My re-entry permit will expire in Feb 2019.

Will be moving to India last week Feb-First week of March 2018.

Planning to come to USA in September 2018 and I want to mail re-entry permit application. Once I receive the notice for a Bio metric appointment I want to postpone till middle of December.

I have read at USCIS site, postponing 1 or more times scheduled appointment is allowed, as long as before 120 days filing the application I got the bio-metrics appointment.

Also, while I am postponing, I can also just walk into the USCIS center if I come to the US for some other reason.


New Member
FAQ: AC 21 job portability, changing jobs before 180 days
Hi Rajiv,

Here is my situation:
Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017
I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia
I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation
I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed
It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet.

Do you forsee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?
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H1B Aspirant

New Member
Dear Rajiv Sir,

Thanks for your help so far...

My earlier queries asked to you -
I have a query to ask you on H1B filings this year -
1. Can we file multiple filings keeping in mind that at least 1 application will be picked in Lottery.
2. What should we do if both applications picked and Statuses get Approved? Will both Approved petition be Rejected?
3. is it illegal to file with different employers?

your response for the above queries-
"Yes, you can do that. It is permitted To file multiple applications through completely unconnected employers. Do discuss this with your lawyers before you start the multiple filings." Regards. Rajiv.

Again my query -
In what ways I need to discuss with 2 different employers? If we reveal them I am processing from 2 different employers then none will proceed keeping in mind that "why will I join them"? isn't it?



New Member
I was employed with Company A since August 2015. In October 2017, Company B filed petition for H1B transfer and based on the receipt I started working for Company B. On January 3rd, 2018 Company B received Transfer denial so I stopped working for company B and started working for company A (they didn't revoked my H1B). My last pay check from Company B was till 1/12/2018 and resumed pay from Company A was from 1/21/2018. There is a gap in Pay.
so in this situation did I go out of status or broke any rule/law?


New Member
I was in US during 2003 to 2007 during that time my GC was filed(employment base)eb2. But I abandon my gc and went to Canada. While I was in Canada my i485 was denied and USCIS erroneously thought that I was living in USA and now out of status. So USCIS ordered removal proceedings against me and my spouse. But after submitting proof that we are out o USA and currently living in Canada, our order for removal proceedings were “Cancelled without prejudice”. (We have immigration court document for it)
After that we came to US on employment base green card with consular processing in 2012. (We sent removal proceeding (cancelled without prejudice document) to consular post Montreal before our interview)

My question is
1) if we file for GC renewal or naturalization in future do we need to submit this court document related to removal proceeding along with the application or should only send it if USCIS specifically asked for it.

2)while applying for green card renewal or Naturalization in future will this removal proceeding (which was cancelled without prejudice and after that GC was approved) will create any problem( denial of GC renewal or Naturalization).

3) which application is easily approved by USCIS- green card renewal application Or Natiralization application.

Thank you.


New Member
First of all thanks for the service that you provide to all every week

Here are my few queries about I-140 scenarios :

Scenario 1 :
Returned to India after using all 6 yrs on H1B. I-140 approved got approved while staying in offshore with Company A. Can company B file for H1 extension using this approved I-140 from offshore?
While in offshore , after 180 days if I-140 is revoked by company A , please let me know if company B can still file for H1 extension using this approved but now revoked I-140 from offshore.

Scenario 2 :
If I come to U.S with company B and after 180 days I-140 is revoked by company A. If even company B gets closed down after sometime and I am unable to find a new job what happens in that case if I have to return back to my country. Is the revoked I-140 of any use or all is lost?

Scenario 3 :
If I come to U.S with company B and then joins company A again in U.S after 1 year , will they be able to file for EB1 if I have already worked with them(company A) earlier as manager/executive within the previous 3 year period even though job continuity was lost for 1 year with company A and they had revoked I-140 as well.


New Member
Hello Rajiv... I have a Que regarding my H1b transfer.. I was working for Company A from 2011 - 2017.. I have 140 approved for more than 180 days. priority date Dec 2013. My Visa is stamped till May 2020 (I-94 valid till May 2020). I came back India in Dec 2017 from same company but still couldn't find any project in India as well and I afraid that I might loose my job. Now my Que is 1) if I loose my job can I travel on this H1B to US and look for a job there.. 2) What are my options now. Thx.

Anand Joshi

New Member
FAQ: National interest waiver (NIW) filing when priority date is not current
I am Anand Joshi (Nationality - India) a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B.
H1B sponsorship is an issue for me getting a new job.

1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?

2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?

3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

Thank you
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New Member
Dear Rajiv,
Question #1
I have approved LCA and H1b Petition from 2015 with address suite # 800 and some address.
After that client has moved the entire office to suite # 400 with same address.
I am planning to go stamping .

Please help me whether I have to file a new LCA for suite number changes ?

If we need to file a new LCA means we have to do the amendment also in my H1b petition?

With out changing, if we go for stamping means what kind of issues we may get ..Just curiosity
Question # 2
While filing the DS 160 i saw one question like below
"Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? "

I have approved I 140 petition. Do we select yes or no ? . If yes means what are details we can give .

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New Member
Hi Rajiv,

Am currently working and H4-EAD valid till end of 2020, Want to understand my options if at all any new ruling is finalized to cancel H4-EAD program, For me to continue working

Scenario A: I Have H1B approved petition filed in April-2015 by consulting firm A through the consular process which I never used. It's valid until Nov-2018. Also, i did not go for stamping for H1B as I used H4 option through spouse to enter the USA.

So is my approved petition still valid to be used for filing COS to H1B?

Can a new employer B apply COS using my previous approved H1B petition from an employer A?

So if I do a COS and move to H1B visa will I need to go to the home country to get stamped or will I receive an I94 here to continue working?

Also, do we have Premium processing option for applying COS

Scenario B: If my current employer applies for a new H1B petition in the upcoming H1b lottery and it gets picked will I have to switch to H1B on Oct 2018 or can I continue to work on EAD and change later to H1B? Is that allowed to do?

Since I am not interested to go to home country for stamping again so want to know which option should I choose.

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