Recording available for April 25 Conference Call


Staff member
Recording available at

Conference Dial-in: : (202) 800-8395
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: April 27, 2013

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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Registered Users (C)
CBP/FBI name/Crime Check

Hello Rajiv,
Questions -
1. ) What does Customs and Border Patrol check for in the N-400 Process
2.) If an applicant is scheduled for N-400 interview, does this mean that all the CBP/FBI checks have come back clean without any issues?
3.) If there are issues with the checks, would this have been known before the interview schedule ?
4.) Do you have any reputable site/company one can use to do a crime check for himself before filing N-400 to see what is showing on his/her records?
5.) Yemi mentioned on the conference call about a 10yr GC sent to USCIS for correction and have not received the correct one back yet and he went on and filed for N-400.
Did you say it is okay to file N-400 and USCIS may not send another GC if they see that N-400 was filed
Thanks for your services to the community


New Member
Can F1 visa be rejected if parents/siblings hold green card?

Dear Rajiv,
Many thanks for your efforts to run free and open community service.
I am from India and currently, I am pursuing MSc in Netherlands. This fall I will be pursuing PhD with full financial support from the university.

My parents and brother hold green card. My parents are currently living in India and my brother resides in the US. I will be appearing for F1 visa interview in mid of May. I have following questions for you:

1) As my parents already have a green-card, will my application for F1 visa be rejected right away? I do not intend to stay in US after my PhD. How can I prove this?
2) What documents can be shown as evidence that I will return back to India?
3) Can I appear for F1 Visa Interview in US consulate in Amsterdam, Netherlands or from India?
4) Can reputation of University help to soften Counselors presumption of my immigrant intent?

Your inputs will be very decisive for me. And I will be grateful to you for the same.
Thank you very much,

Update:- Rajiv's prediction were correct. My visa was indeed approved. Thank you Sir!!!
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New Member
need to File Citizenship-Did not work for GC sponsor;Spouses live in different states

Hello Sir,

Husband filed 485 in July 2007(when the dates went current) through his ex employer 'A' with an approved I140
485 was approved in August 2008 and entire family recieved greencards.
Husband is working with current employer 'B' since July 2007 till today with same job specs and description as per labor with current employer. GC sponsored ex employer could not offer employment in Aug 2008 and we do not have any documentation of that.
Wife and kids are living in PA since Aug 2011 with job opportunity,better schools,no commute to NY etc while husband lives in NJ and works in NY,commutes to PA over weekends

Now, time to file N400 and eligible in Sept 2013 after 5years of employment based GC

Husband does not want to file N400 now. Only wife and 2 kids would like to file N400 as daughter will turn 18 in March,2014.

concerns are :

  • Will husband not working for GC sponsor and not filing now for N400 raise issues.
  • Wife and kids will need to file N400 in PA. In the N400 form, wife and kids address will be PA while husband's address is New Jersey. We filed our taxes together, mortgage in NJ property is on both spouses names.
  • will these 2 adresses different raise any flags

Thanks for your service to our community !
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Registered Users (C)
GC process on L2 with or without EAD

My 6 years H1b completes in Nov 2013
Afterwards I can move to L2 EAD as my wife has valid visa till June 2014
I work for employer A who does not sponsor GC. One employer B is ready to file my GC even before I join him provided I promise him to join after PERM approval. He says that this is a very common practice and you need not be in his payroll before PERM approval
My questions
1. If I switch from H1 to L2 ead right away, I will save the left over 6 months of my H1b for later use. Is it mandatory to be on H1b to have any employer start PERM process or before ur perm approval?
2. Is it safer to be on H1 while PERM is in process to avoid any rejection in PERM or query?
3. Looking at my timelines, I may not be able to get the PERM approved before my H1b 6 years are completed. In that scenario, I will move to L2 with EAD. So once PERM is approved, Does I-140 application requires you to be on H1b with the employer sponsoring it?


New Member
spouse of u s citizen

I am a U S citizen, planning to get married in India, next month.
what are my options, since my spouse does not want to keep separation after marriage.
some suggests file I-130 and wait the whole 6 months process.
some suggests file for a student visa and then file i- 130 once she arrives here.
some also suggested that bring here on a tourist visa and then file i-130.
need help...
thanks a lot
P.S. i am not not really someone who bothers much, coz i believe everything happens with God's will and what ever He does, is the right thing. but sometimes its hard to explain that in family situations. so just for the laws and knowledge to give them some light what to expect, so i ca give my in laws an idea, so i do not want keep my spouse waiting by telling a lie.
thanks again for your valuable time and suggestions.

Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: April 25, 2013

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.[/QUOTE]


New Member
Follow-up Query from last call

Dear Mr. Khanna,

In the last call I asked if I can be employed in my wife owned company(and I do not want to be owner of this company).
  • Will doing AC21 with this company is still be a problem(if I am do not own the company in any manner)?
  • You mentioned you would be cautious for me , now I am not sure does the mean there could problem in doing above mentioned situation?

I would like to Thank you for doing this community service.This is being a great help for whole community.



Registered Users (C)
Dear Sir - I am Kruz.
First of all Thank you so much for this service.

My question refers to the new immigration reforms bill 2013 (which has NOT yet passed). I will become citizen in 2014 and soon after I want to file a petition for my mother in family category. If by then new immigration law comes in to the effect which will then wipe out 2 family category as you have mentioned in your video. What action should I take now as a green card holder ? Can I file I-130 for my mother right now? (I am aware that one has to be a US citizen to file for parents), but still is there any provision?

Thank you so much for your replies.


New Member
Effects of CIR on PERM Labor Certification for EB-2 and EB-3

Hello Rajiv:
I have not heard anything about the effects of CIR on the PERM Labor Certification process, particularly for EB-2 and EB-3 applicants. Do you know whether the Senate bill changes the existing certification requirements, which include mandatory recruitment steps (job orders, ads in newspaper/journal) and additional recruitment steps (on-campus recruiting, job fairs, private employment agency, etc.). Thanks! P.D.


Registered Users (C)
To renew my TN Visa with approved I-140

Hi Rajiv Sir,

I am on TN Visa status valid till April,2014. My I-140 is approved with priority date June,2012. I am Indian born so my priority date is not current. Please advice me with following questions-

1). Is it possible to renew my TN Visa with approved I-140 ?
2). I have applied H1-B visa this year as a back up, but due to cap reached and lottery system I am not sure wheather my application will accept or not. My H1-B application is not in premium processing.
3). What are another options for me ?

Please advice. Thank you,



New Member
AC21 help!

Hello Rajiv,

First I would like to thank you for the great service you are doing to the community. I know you must have answered these questions in the past but I wanted to know if I should take a lawyers help in such a situation.

It's been 15 months since my I-485 is pending in EB2. It's been 4.5 years since my I-140 was approved.
I'm planning to invoke AC21 to a new employer with same or similar job duties in the same field of work with slightly higher base pay than mentioned in the PERM application.

My sponsoring employer and I are in good terms and he understands this move. But he says to inform him once I've notified USCIS of the AC21 change. So, once I invoke AC21 and send a letter to USCIS with supporting docs like the new paystubs, letter of job duties from new employer etc, he wants me to inform him so that he will revoke the "green card process" (maybe I-140) from his end with USCIS. He probably says this to keep a record that he is not my sponsoring employer anymore.

Now in this situation, will my green card process be safe?
Will there be a denial notice if this happens?

I'm very confused. Please HELP !

Thank you.


New Member
Overstay on B2.

One of my friend's family is in Us since May 2012 on B2. They applied for extension before expiration of I 94. But they got the denial reply just few days back. His wife has applied for F1(student) just 3 days before they got the denial on Net.

Are they out of status or still in status?

What could be there options?

1. Come back home and try to go back after some time, What could they face at the entry or it would be smooth?

2. Stay there and try some other option? Somebody has given them the option of marriage ?

3. Is there any kind of Visa they can apply for within US?


New Member
H1B remainder question

Hi Rajiv,

This years cap has run out , but I have found a sponsor who is willing to give me a job.

I had an old H1B details given below

Petition Validity - oct 05- Apr 08
In US on this h1 - Oct 06 - July 07

Can this employer file a new cap -exempt petition for me and claim the time remaining on the old h1?

Its more than 6 years since the petition was approved ,but I have read the 6 yr rule is from the last day in status that matters
and not the petition approval date.

Could you let me know what you think of my case?
1) Am I eligible for the remainder option?
2) Also is there a time limit till when this option is available to me?


New Member
CIR effects on f4 applicants

Please Sir could you explain to me how they plan to eliminate the existing backlogs of F4 petitions. Will the merit base system be used. How many visas will be allocated to this category. I am F4 worldwide and I am confused. Please help.


New Member
H1B transfer after I140 approved

Hello Rajiv ji,

I have EB2 I-140 Approved on March 2012 with PD of July 2011. My H1 expired on Feb 2013. I got the extension only for 1 year even with I-140 approved. It is expiring in Feb 2014.

1. Do you know why it was not granted for 3 yrs? Is there any issue I should be concerned of?

2. If I change my job in next 2-3 months and my new employer file for H1 transfer, would I get 3 years or just till Feb 2014? Are there any guidelines for this?

3. If new employer files for GC, does he have to start from PERM or he can directly file I-140? I think I still get to keep the PD irrespective?

4. Does the GC filing by new employer has to be for same/similar position (job description) as the earlier GC filing? Can it be filed against a role of Technical Product Manager where as previous filing was as a System's Analyst. ( I am in IT profession)

5. Are there any risks involved in job change now w.r.t. H1 denial or GC not getting approved?

Thanks for your help.


New Member
Using EAD first time & it's dependency on I-140 revocation - Follow Up Questions

Hi Rajivjee, Namaste

This is in addition to what I asked last time..
I'm with my current employer on H1B who filed my GC; my I140 approved & 485 was filed a year back & having EAD now.
1) If my employer revoke I-140 without letting me know, can I use EAD after they revoke I-140?
2) Is using EAD dependent on whether I-140 is active or revoked at its first use?
3) Will it be wise to switch from H1 to EAD now with current employer to avoid I-140 revocation issue?
4) If they revoke I140 & H1B, can I stay in US until I get all documents from USCIS by FOI Act & start working after that?
5) How long does it take to get all documents by using FOI Act?



New Member
My friend is not a US citizen, but he married one. However, his wife divorced him before they were even able to attend their USCIS appointment. What can my friend do in order to stay in the US?


Registered Users (C)
Immigration reform - H4 Reciprocity and EB3 priority date improvement

HI Rajiv

I have following 2 questions

1) Considering the new clause related to granting H4 EAD based upon reciprocity rules , can you pls advise if Indian immigration laws permit the "equivalent H4" visa holders to get a work permit ? If not then i guess this new reform is not going to be of much help to H4 visa holders from India

2) Based upon the proposed changes for increasing cap and other changes to clear the backlog, can you pls advise what kind of projections can be made in terms of improvement of EB3 priority date. For e.g for a person who is filing Eb3 now, it would take atleast another 10-12 years before his/her priority date becomes current . If the proposed immigration rules were to be implemented, can you pls advise what kind of improvements can we expect



Registered Users (C)
US immigration post Voluntary Departure

Hello there,

I was an F-1 student in Strayer university, VA,USA from 2008-2011. Out of 3 courses of a semester I missed 7 classes of one course because it was in another city, but I realized too late that they are serious about F1 student laws and i was arrested by the ICE officers in my house on Sep 2010.
I was out of status around April 2010 and was trying to apply for reinstatement but got denied.I was out of jail on bond. I then had court date, lost the case and I opted for Voluntary departure. I left USA September 2011, the date given by the court.

At the moment I'm in United Arab emirates and Strayer allowed me to graduate my last semester from UAE. The moment I graduated, the next week UAE stopped issuing work visas for Bengali nationals where i'm a passport holder and i'm unemployed for a year.

It been 1 year 7 months since I have been out of USA.

1. I want to apply for an appropriate visa for the US to go and get work authorization. B1 or H1b would be appropriate or which one will I be eligible for. Can a person get employment sponsorship on visit visa?
2. Can I get a Affidavit of support or financial statement support from my Uncles living in USA or should it be my father if I'm applying for multiple visit.
4. How can I show I have good ties with my country to come back for. My parent's live over there and the last time I traveled there was January 2012 for 4 months. Before going to US (2008) that I traveled every year for 17 years.
5. Can I get sponsorship from my Uncle's company?



New Member
Impact of new Immigration Policy on I140 and GC

HI Rajiv,

I would like to know does the new proposed immigration bill lift the Country quota limit from FY 2014 if it is law by end of September 2013. What is the estimated wait time for 2012 Priority to get Green Card once it become law.

Also, what are the Intricacies to change employer now on approved I140 if the new comprehensive immigration policy becomes law by some time later and your advice to change employer.

Thank you.