Recording Available, February 25, 2016 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: March 10, 2016
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,

I am in the US on F2 VISA which is still valid. My spouse is still on F1, working on OPT.
Last Summer I applied for a change of Status to F1 to start school in Fall 2015. USCIS did not decide my case before the school started and sent a request for evidence on Oct. Having missed the semester, I did not respond to that letter since I could no longer attend school (had to move with my spouse to a different city).
Now, I plan to make a trip back home and return on the merit of my valid VISA.

My question is whether the attempt to change my status from F2 to F1, and then abandoning the application has any effect on my VISA upon my return? Also, is my status still F2?



New Member
Hello Rajiv Sir,

Thank you for your great community service.

Can you please let me know how much time usually it takes to (change employers) H1B Transfer outside of country under regular processing? I am Canadian citizenship (spouses) how to get h4 visa get?( Pending 1-485, Application to Register Permanent Residence or Adjust Status, since 2007.)

Thanks a lot!


New Member
Hello Rajiv-

Thank you for answering our questions during yesterday's call. Somehow, I could not use the *5 option when you had given us time to ask further questions. This is regarding the following 2 questions you had answered on 11th Feb 2016 call. I am copy/pasting for quick reference.

Hello Rajiv-

Currently, I am on H1B with I-140 approved (Priorty Date: 1-1-2013) on EB3 category. My son is autistic(17 years now) and he is living in the US for the last 6 years on H4 visa. I am going to be his guardian this year since his IQ is still around 8 years child.

My questions is:

When my son reaches 21 years, can I still keep him on H4 visa since he is still my dependent?

Thank you

Hello Rajiv-

Our home country requires males to do military service while 18 years for a period of 2 years. However my son is autistic and his IQ is only around 8 years old. He is going to Special school.

His passport may expire in a years time. WE are worried about his timely renewal of passport since our home country does not respond in time even after providing doctor certificate etc.

What happens if his passport is not renewed before the expiry date while having a valid H4 visa?

Thank you


My further questions are:

In case, myself and my spouse get green card few years from now, what will happen to my autistic son's position? Will he be able to get Green Card at some point of time instead just continuing on B visas?

Regarding passport, we are working with our home country. Our worry is delay in getting it done on-time. What happens if my son's passport expires before it could be renewed while staying at USA on H4?

Thank you


New Member
FAQ: When should I join my future green card employer, also recapturing time on L-1B

Hi Rajeev sir
I have stayed in USA on L1B from March 2010 till March 2015 (5 Yrs) then went to India for 8 months and Re entered USA on fresh H1B stamped with 1 Yr validity period (from Oct 1st 2015 to Sep 30th 2016) total 12 months. Entered USA on Dec 1st 2015 but my I 94 upon entry was given till Oct 2016 for only 11 months, Can i file for extension for the remaining 1 month period will it be granted. I have filed for Perm on Feb 2016 through employer B. how should i plan for getting my H1B extended within this short time frame, please do provide your valuable experience input on my case.
- Also Employer B is asking to join his payroll before filling I 140 to avoid USCIS query.With time being less how soon should i make the move to consultant B. Is it advisable to wait till Perm is complete before making move or it does not matter.

L1B Visa Mar-2010 till Mar-2015 - Completed 5 yrs
Fresh H1B approved for 1 Yr Oct-2015 till Sep-2016
Re Entered US on H1B Dec-2015
I 94 provided till Oct-2016
Perm filed on Feb 2016
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New Member
Dear Mr. Khanna,

I am asking a question on behalf of my brother. I am a citizen and have sponsored him and his family under the F4 category. They live in UAE. His priority date is Mar 2004 and I received his approval in 2009. When I applied, his children were young and now are above the age of 18 (one is almost 25), though they are both students. The Cut off Date in Feb 2016 is Jun 2003. The likelihood of him being Current by 2017 is quite high. I have two questions:
1. When his date becomes Current, how will it affect the immigration processing for his children (given that they are adults now and likely to be above 25 years of age) even though they were also included in the immigration application?
2. His daughter has been admitted to a school in the US to pursue her Master's starting in Fall 2016. We plan to disclose her Immigrant Visa application at the time we apply for her F-1. Can you please confirm?

Thank you very much for your time.


New Member
Dear Rajiv Sir,

I'm an Indian citizen in the US on H1B for 9 years working for Employer A. My PERM & I-140 were approved under EB3, with PD being May 2009. I am considering joining Employer B who is willing to sponsor my GC in EB2 after 6 months. I'm told that my Employer A revokes I-140 when I quit them. I plan to use my existing I-140 to transfer my H1B and seek 3 yrs extension. But if I need to change to Employer C within above 3 years (say after 1 year) but BEFORE my new Employer B's PERM is approved will I still be able to use remaining 2 years on my H1B even though my first I-140 is revoked by Employer A? Will Employer C be able to transfer my H1B for remaining 2 years? Kindly advise.



New Member
FAQ: Can a denied H-1B petition make you cap exempt
Dear Sir,
My H1B picked in lottery 2015 and it went to RFE then denied by USCIS, my current petitioner will not willing to challenge this case.
Can i use this same H1B number and go to a different petitioner under cap exempetion to get my H1 approved?

Thank You,
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New Member
I am a 55 year OCI card holder with a US Passport which expires in 3 months - although I may be able to renew my US Passport with an expedite service, I will not have enough time to get my OCI card reissued as I have an urgent need to travel to India. My question is Can I travel to India with my current passport which will still have a validity of 3 months when I initiate my travel to India


Hello Sir,

Do you have any more information on 'EAD for I140' , do you think it will approve.

if it will approve, can all guys with approved I140 , will able to file I-485 and EAD ?

can you please guide us more on this, my client is ready to hire me and start my green card, I already have 1-140 approved with present employer.

so I am not sure should I join immediately or wait till my I-140 (as future employee) is approved from my client.

my job change is because of very low salary from my present employer, client is going to pay me better salary.

please guide\advice


New Member
Hi Rajiv Sir,

I have entered US on H4 visa(H4 is valid till 23-Aug 2015) and then changed my status to H1B with Company A ( valid from 7-Apr-2014 to 9- Jan-2017) and then applied for H1 transfer to Company B and got receipt notice on 10-Feb-2015 and since it was pending for long it was converted to premium processing on the 14-Oct-2015 and USCIS issued an RFE on the 28-Oct-2015 and then later it was denied on the 8-Feb-2016.

Also Company A has sent a H1B withdrawal notice on the 27-Oct-2015.

In the meanwhile while the H1 from Company B was pending I have applied for change of status to H4 along with H4-EAD (based on my husband’s I-140 approval) on the Sep-30-2015. Both the applications are pending with the USCIS.

I would like to know what are my options now:

1)As my H1B is denied now what status am I in currently based on the pending COS application to H4

2)What are my other options to continue my employment?

3)Will getting H4 stamping done and withdrawing H1to H4 COS, expedite my pending H4-EAD application?


New Member
FAQ: Special immigration options for UK citizens
Hi Rajiv,

I am a citizen of UK(Naturalized) and considering the option of moving to the USA. I have heard there are few privileges to Australian citizens in terms of visa for employment and was wondering if there are any available for UK citizens or would I have to go with the usual procedure of applying for the H1B lottery?
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New Member
FAQ: How to correct errors on a submitted Form DS-260
Hi Rajivji,

My aunty completed the DS-260 form and submitted the same ,now there are couple of errors and spelling mistakes are there also change of address and all , My visa date is not yet announced but NVC said that they will do so after 30 days review period. out of 17 days are gone.

My question is

How to correct Submitted DS260 form? (We all ready sent an email regarding.)
If we don't correct the submitted DS260 then what will happen?

Please guide the best possible way to resolve the issue.

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New Member
During last 6 month there is significant change in the H1B processing time, its taking more than 180 days from the day of the filling, in some cases H1B petitioner going beyond the existing I94 expiry date and working for client under the AOS with in 240 limit. So my question is
Is there anything we can fill or fight for to change(extend 240 to may be more that 365 days or unlimited until the decision is made on the case)
improve in the process to get response in time.

Reason is while we are on AOS we can't make any changes in career or jobs since we are at the mercy the file that's in pending and can't change employer or client.

Dear Mr. Khanna
I am LPR since 2012 (been in US from 2008 to 2014 and filed my taxes till date).
Moved to India for an overseas assignment and currently in india since 2014 ( I have re-entry card as well). Married to indian citizen in 2015. I have filed I-130 to my spouse and it got approved recently.

Since I was working outside USA in 2015, what documents I can furnish for affidavit of Support (considering I don't have any income earned in US in 2015). Will employment letter from india, payslip be acceptable as evidence for affidavit of support. What are the alternate options I can avail?

Thanks in advance


New Member
I have a question regarding the Citizenship by Parents

Here is some background on my situation...

I am a Brazilian Citizen born in 1981, my mom is deceased (born in 1954) but she was US citizen born abroad (Brazil), spouse of a Brazilian guy and he never request US citizen. My mom have a CRBA that was issued shortly after her birth and I have her death certificate from DHS. My mom never lived in the US, but she comes in vacations or sometimes when your parents came on to deliver reports to the institution that they worked, she never stay in US more than 1 year, when they came. My Grandparents, both born in U.S. on around 1914. Both was a missionary from a U.S. institution working and living in Brazil, but paying your taxes in US. My grandpa was deceased on 2012 and my grandma is alive and living in Brazil.

I’m looking for a way to make a petition for my citizenship through my mom, I’m 33 now married and father. If it is possible, I want to know how or if someone can suggest a lawyer with this case experience.



Hello Sir,

I have I-140 approved with PD - 2013, if I will leave my present company and join new company, on my present company approved I-140 , can my new company will get 3 years of H1 B extension for me ?



New Member
Hello Sir,
In new Immigration Proposal, Are they removing per country quota and Exempting Family Members from Visa(green card) Caps ?



Registered Users (C)
Dear Rajiv
I (principal applicant) am India born. My I-140 is approved, in EB2 category. Priority date = April 2014, from employer “AA”.

Situation: Fiancée was born in Nepal in 1982. Would be getting married in few months. She is in India.

Left job recently in Feb 2016. Employer “AA” has agreed to not withdraw the I-140 for a few months ( say 3 months ).

Is it possible to get I-485 filed after my marriage (based on the fact that my then wife is Nepal born)? IF yes, who needs to file the I-485 – my employer or can I get the I-485 filed on my own, even though I have left the job with employer "AA".


New Member
Dear Rajiv,
This is regarding H1B of my wife. We moved from US to Canada in April 2013. At that time my wife's I 797A was valid until July 2014. Since then we have been living in Canada. Now we are planning to move back to US in April 2016. She will come with me on a F2 visa.
If she decides to go back to work, will she be eligible under her previous H1B quota? If so is it simply a change of status from F2 to H1B (provided she finds employment)?
Thank you
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