Recording Available, February 22, 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: March 08, 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
Dear Rajiv Sir,

Thank you very much for detail guidance on H1b extension in status, out of status and period of authorized stay.

Applied 7th year H1b extension , May 2017, on the base of i140. While timely filed H1b extension is pending( period of authorized stay) I continued my employment with same H1b employer. One month after the start of my period of authorized stay( pending H1b extension and expired i94) appplied for i485 and EAD On (June 2017)

My question is - When i485 and EAD is filed ( after H1b i94 expired and pending H1b extension ) and my EAD approved, I started working on EAD on Oct 2017. Does it matter now if my H1b extension is denied as I started working on EAD during H1b extension (period of authorized stay).?

I just notified my employer that I am now working on EAD because pending H1b extension may cross 240 days after that I may not be able to work . Is there any special way to shift from H1b to EAD?

Thank you
Hello Rajiv Sir,

when i was with my primary employer(Employer A (H1B valid till sep 2018) ,i got another job offer with Employer B and i have applied for my H1B transfer and after working for EMPLOYER B for almost 6 months ,My H1B transfer was denied with L1 wages RFE. I went back to Employer A and he filed H1B amendment and it's still pending. Now i got another offer with Employer C. If i did again transfer my H1B to Employer C, is there any chance to get H1B approval without I-94?

Can you please let me know what are possible options ?

Thanks In Advance.


New Member
Hello Rajivji,

I am planing to apply for a reentry permit for my father for 2 years.he is green card holder.
1 ) What are my options to not brake the continuous presence in us for neutralization ceremony?
2) he can travel fro and back during the time of reentry permit to US and India?
3) can we apply for a reentry permit again after 2 years or any way to extend the reentry permit?
4) what are your recommendations for do and don't for reentry permit applicant?



New Member
Hello Rajivji,

I am planning to renew my 10 year employment base GC. I enter through consular processing. In I 90 form there is a question , Part 3 Destination in US at the time of admission?

Regarding my destination address its long time, I don’t remember whether I said NY - which is also my employer location or I said Virginia where I rented an apartment?

For my GC mailing address I remember it was my friends address. In my Ds230 destination address is “ to be decided” .

Is there any way to find out what I said or filled some form, about my destination address ,approximately 10 years ago at POE to visa officer?
Any document I should look into for this address ? If I call USCIS can they tell me ?

If in I 90 Gc renewal form if I enter NY now but originally it was VA or vice versa, will it cause any issues?

Thank you very much.
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New Member
My Mother has a GC and applied for a reentry permit as she plan to stack back in India for an extended time.
What Happens to the reentry permit if she decides to come back to USA before the 2 year limit ? Does that invalidates the 2 year reentry permit and she has to apply for a new reentry permit ?


New Member
My current employer(A) is in the process of filing an H1B amendment as I am moving to a new location. Also I got another offer from employer B who will file for an H1B transfer. Can I have both H1B amendment and transfer at the same time?

I really want to join employer B and does H1B amendment from employer A will affect my H1B transfer with employee B in any way?


New Member
Dear Rajiv Sir,

: Is there a limit on the number of volunteer hours a legal non-immigrant (H1-B/ L1) can volunteer at a non-profit organization (temple) during the weekend and evenings?.
Board: Can a legal non-immigrant (H1-B/ L1) be part of the board and hold a position at non-profit organization (temple)?

Thank you very much.
Hello Rajiv Sir,

My 1st Masters Degree is not STEM as my school lost its accredition during my final semester. I graduated with 12 months OPT thinking my H1b would be picked , it did not. I joined 2nd Masters(Day 1 CPT School) and filed H1B again. It did not pick. My 2nd Masters is also ending soon. What are my options to stay? I have valid F1 Visa till Aug 2019. I am willing to go to PhD as well if that is an option. Please suggest.


Registered Users (C)
Hello Rajiv Sir

1. My wife is currently on H4 VISA w EAD. Her employer has planned to file for her H1 in April 2018. Can we go for H4 visa stamping while we her employer has filed for H1 Visa ?
2. What will happen to her H4 Visa if her H1 is picked but rejected ? Can she continue to be on H4 Visa until its expiry ?



New Member
Hello Rajiv Sir,

This one is little complicated, but want to share with you because this goes way back in years.

First entered in usa in around 1997 (uninspected), applied for labour certification in feb 2001. approved and applied for 1-140 because of sec 245 i

But my employer did not showed me any confirmation or anything, than i went back to india in 2004.

After 10 years in 2014 got visitors visa and i came to US, since i am in US.

Now if i apply for labour cert and 1-140 with new employer.

What are chances for benefit under sec 245 (i)
1)Unauthorized presence waiver (currently and before)
2)Retaining the old priority date


New Member
Dear Rajiv:

I work for an in house project for "Company A". And recently this company has been acquired by "Company B". In last conference I asked below question.

In this situation, do i need to do my current H1B any amendment ? You said , if the "Company B" acquired due to successor of interest, then NO need to do any H1B amendment.

1 - What do you mean by "Successor of Interest" (Please give example) and how do i know if this company acquired with Successor of interest?

2 - I am planning to go for my H1B "Visa stamping" to India in June 2018. With this new acquisition and with current immigration situation will there be any issue in my Visa stamping? And what letter /documents should i ask from my employer to support for this acquisition i need to carry for visa interview as evidence? In case any RFE raised, usually with your experience how long will it take resolve and approve?

3- I have I-140 approved and priority date is March 2011. Because of this acquisition, do i need to do any changes to my current green card and how does AC21 protect me at this situation?

Awaiting for your response.

Thanks in advance

Lila Garrido

New Member
Dear Mr. Rajiv,

I need to clarify some information regarding my son's green card. He is 6
years old, got his Green card through me (mother) in April 2017 and became a
permanent resident since. I've got my green card from my mother who is an
american citizen.

I live and work in Florida,US since April 2017.

When we got our green card, he was living in Brazil and finishing his school
year so he came here from time to time for vacation (April 2017, July-August
2017 and December 2017- January 2018).

Now, I am planing on bringing him here for good but he is still finishing his
school year in Brazil.

The information that I have is that he cannot make repeated long trips or
reside in other countries. Also, that it can delay his citizenship if he
continues to live abroad.

Please I need a detail information regarding this cases above so I can make
the right decision because I don't want him to lose his green card. So does a LPR child has the same residency responsibilities as a LPR adult?

Best Regards,



New Member
Hello Rajiv Ji,

We are in a unique situation while extending our H1b and our i94 is expired now.

We have applied for extension of H1b after six years(six years not completely used)+ H4+ H4EAD in premium processing . We have an approved I140 for more than 180 days.

We payed for H1b premium processing and H4EAD (Employer payed for H1b & H4) but we did a mistake by sending 2 checks which is valid for only one month. Our employer was slow in applying and there were holidays in between and by the time the documents reached USCIS the checks got expired.

USCIS started working on our case and there was an RFE about SOW but nothing on checks. we checked with bank they said we must be ok even if they are expired they will issue a new check with a penalty.

Few days we got a mail from bank saying that they returned the stale checks without paying to uscis. When we asked our employer attorney he was confident that this will not affect the process

Today we were informed that all the documents were returned to attorney and when we spoke to attorney he confirmed that the checks which were sent by employer were not sent back and they were en cashed, he will be replying the documents stating all the details in a letter.


1. Our i94 expired (Jan 31st, documents reached USCIS Jan 16th )and our attorney is saying we can stay in the US but cannot work till we here from USCIS is it correct?

2. We payed for only premium processing H1 and H4 EAD with expired checks but employer checks were ok so USCIS should work on h1 and h4 as regular processing instead of returning all the documents, right?

3. Are we out of status now ? USCIS case status still shows RFE for H1b and fee refunded for H4 and case received for H4 EAD what does that mean?

4. what are our options?

Thank You Sir

Thank you so much for your comm


New Member

our employer attorney has called USCIS asking about why the whole package was returned when checks for H1 and H4 checks were deposited and they replied saying they will be returned.

our employer attorney is refile a new petition for the same position in premium processing asking to USCIS to issue a new I797 with I94 and you wouldn’t have to leave the country considering extra ordinary circumstances as my wife is pregnant in third trimester with high risk pregnancy and we have sent the proof and doctor certificate .

what are our chances? Is there any grace period to stay?

Thank you sir for your community service.

Shub Chintak

New Member
Dear Mr. Rajiv Ji,

I hold H1-B status and the visa stamp but I have been working for my employer while I am outside the USA for last 1 year. If I enter US on L2 status, can I work for the same employer using L2 EAD? (I wish to do this to undertake additional engagments, which I can't otherwise do on H1-B status) If I do so though, what will happen to my underlying H1-B status with the same old employer?? Can I switch back to H1-B status by simply going outside the US and come back on H1 stamp?

Thank you sir for your community service.

Anisur Rahman

New Member
If I change my employer when my I-140 is approved and I-485 is pending for more than 180 days under EB2 application, will my new employer need to file PERM, I-140, and I-485 agin? If takes about 6-9 months to get approved I-485 for the applicants of my country. However, with the new employer, how long will I have to wait keeping in mind that I already waited about 6 months with my sponsored employer? By the way, I am in H1B and this is my first year of my H1B.


New Member
Hello Rajiv Ji,

I have H1B with employer A , working for employer B /(client to employer A) and currently valid till March 2018 and got my 1-140 approved on Jan 2018. Employer A is applying H1 extension at this point and now employer B would like to sponsor my H1 for the same job. In this scenario, do I need to stay with employer A for minimum 180 days to make use of the PD and 1-140 for multiple extensions or is it wise to proceed with transferring h1 with employer B and get the new H1 for 3 years. Since the job is not really changing, does it help anyway to keep the approved i-140 by staying with employer A for 180 days.


New Member
Hello RajivSir ,

I am big Fan of yours and following you since i consulted you in 2015 for NOID. Thank you for your advise and one more time i need your Guidance.
I have my I-140 Approved for more then 180 Days with current employer and I would like to Change my job for better Opportunity.
Questions I have are following and mainly concerns with I140 approval and changin Job:

1) Is it advisable to change Job in current Political scenario or should i wait for current issue to end (currently i don't have any issue with my current employer but looking for better career ).

2) my I-140 is approved and going to finish my 6th year in 2019. so If i change my current employer when its require to start new I-140 process? if for any reason after joining employer refuse to start I140 Process what option i have.

3) if things go terribly wrong and if my new employer fires me / i resign , what are my options to stay in US ?

4) can i file extension for my wife's h4ead based on current I-140 or do i need to file it once i get new approved i140 from new employer.
5) is it advisable not to go with Consulting companies as currently USCIS is issuing more RFE based on evc model ? few offers coming are from consulting companies which works on EVC model as there is always one layer between consulting companies and client.

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