Recording Available for April 30, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

Not open for further replies.


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: 14 May 2020
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.
Last edited:
Dear Rajiv,

My F1- Visa expires on November 20,2020. I am currently working on my OPT Extension (H1B not picked). Will there be an immigration issue if i travel to India in December 2020 ?

If there would be an issue when i return in January 2021. I request your suggestions/ procedures to resolve it.

Appreciate your time and patience for hosting this Q&A session.

Thanks you.
Dear Sri Rajeevji

Does it effect my citizen application (it is due for make an application for citizenship in June 2021) if I accept presidents Stimulus money or unemployment salary during this Corona unemployment crisis time ? Thanks, Krupa
HI Rajiv,

Hope you are doing good and staying safe.

I am a US citizen and planning to apply for my parents GC. I like to apply for I-130 and I-485 concurrently. Both my parents are above 65. I want to check how the new public charge rule affects their chances of approval. We are planning to show all our assets in India. Do you think attaching their visitor health insurance help? Their visitors visa expires by Sept 2021, do you think it is better to renew their visitors visa next year for 10 more years and then apply for the GC?
I am undocumented immigrant who came to the US in 2017. I just got married to a man who has pending asylum application since 2017. Is it possible to add my self to his asylum application and apply for EAD?
Cap-exempt to Cap-subjective H1

Hello Rajiv,

I am currently on a cap-exempt H1 with a healthcare company. I am thinking of options If I am offered a FT position by a for-profit company.
- One option i thought about is to switch to CPT and ask them to file my H1 next April.
- another option i am thinking is to switch to H4 EAD - but looks like it takes a lot of time for switching.

Right now, a consulting company filed my H1 petition and it got picked up in the lottery. But i need a client letter to get the H1 approved. In this case, I cannot start working for a client unless my H1 gets approved, but for my H1 to get approved, I need a client letter.

please suggest other options if there are any,

Last edited:
FAQ: B-1/B-2 visitors visa extension
Hi Rajiv Ji,
I have a question related to My father's visit & his visa extension due to a Coronavirus situation.

My father is having B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.

what are chances for getting his visa extension to approve? Please suggest.
Last edited by a moderator:
Hello . I have another question about I-864. If my aunt becomes joint sponsor , but she filed joint income tax with her husband. Does her husband need to fill out I-864 as well or it’s just my aunt ? Thank you very much


New Member
Dear Mr. Rajeev
My wife and I had got IR5 approved for U. S. A where the validity is till July 29 2020.Can you advise me whether we would get an extension for the first visit due to the current covid scenario . Also as Trump has ordered suspension of immigration for 60 days,(04/22/2020) where does our case stand


Registered Users (C)
Hello Rajiv ji,

We applied for H1-H4-H4EAD extension concurrently in March. H1B is approved in March. H4 and H4-EAD both shows pending. We haven't received an appointment letter for H4 Biometric. I heard that USCIS can use the previous biometric information. H4 biometric was not introduced by that time when we applied for an H4 extension last time so I'm wondering what will happen in our case? Should we wait for some time?

My wife has started GC through her employer and her Perm/labor is filed in February. Will the GC process be impacted in current scenario?
Can USCIS completely stop the process?

Thank you
Dear Rajiv Ji,

Heartfelt thanks for your fight on behalf of everyone that is undergoing the stressful immigration process. It is good to know someone like is on our side.

I filed my I-1485 in 2012 and has been in queue for approval. Last year when I enquired, we were told that our application has been pre-adjudicated and there are no adverse remarks on my application.

My PD is Nov2009. In the light of the EO POTUS is signing on 04/22, what is the impact? Is there anything I can do?

Thank you and God Bless You!
Hi Rajiv and team,

I have been with a company for 12 years on H1B, they have applied for GC in 2010 and I have been issued EAD since 2012 as well. As I stay employed with them on H1B, would I be able to use EAD to accept part-time positions with other organizations, start my own practice on the side or both?

Thank you in advance for bringing about clarity into this question.
FAQ: Effect of immigration proclamation/executive order on green cards
Hello Rajiv sir,
Hope you’re keeping well.
I have a question re the impact of the recent Executive Order on my parents' greencard application, which is currently underway.

Background: I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced.

Question: Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

Last edited by a moderator:
My L1A individual visa is expiring by end of this year. Most L1 extensions are getting denied at the moment for my company from USCIS. So I am planning to go for a new blanket petition and to travel to Canada for stamping for L1A visa.

My questions:

1. How soon it is likely that US consulates in Canada start opening up for Visa interviews?

2. I received a 221g - not clearly approvable response from Chennai consulate in November 2017 for L1A blanket visa, after which I re-applied in individual category and was approved after an RFE. Will this have an impact now if i am trying to apply in blanket category again for L1A? What would be your best advice on this?

3. In case blanket visa is not approved will i be still eligible to file for an extension in the individual category?

Thanks in advance for your help.
Hello Mr. Rajiv – Could you please provide your inputs for the below situation

I'm on H1 B with approved I-140 with my current employer. My existing petition expired in Dec and H1B extension was filed in time. Have an RFE and awaiting decision. I’m also closing in on my 240 days

Q1. Since my current petition has expired, can I apply for B2 in case I get a denial or before 240 days elapsed?

Q2. If H1B extn is denied, then usually candidate needs to be out of USA and can then reapply using out of cap H1B (approved I-140) with either current or new employer. Is there any elapsed time requirement after denial to be fulfilled before I can reapply for H1B?

Q3. Given the COVID situation, if I have to stay put in USA after denial. Then can I reapply H1B with either current or new employer from within USA? If yes, then again is there any elapsed time I have to fulfill before I can reapply?

Q4. Due to COVID situation, if I have to stay put either after denial or 240 days elapsed. Then how does it reflect on the status?

Thank you
FAQ: H-1B furlough or temporary lay off






______________________________FROM NIBEDITA___________________________
Hello Sir,
I am currently furloughed and my employer has not revoked my H1. I have a stamped H1 with I-94 validity till October -2022. If I find a new employer on the 65th day then can I activate my H1 by exiting and entering US and start working for new employer.
Last edited by a moderator:
FAQ: Implications of the 240 days grace period
Hello Rajiv Sir,
I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?
also as i checked with my employer my employer suggests that I can even work after the 240 days mark with an additional service request, will that be a right thing to do?
Will need your advise thanks.
Last edited by a moderator:
FAQ: I-485 pending laid off/AC21/Supplement J
Hi Rajiv Ji,
Thanks a lot for organizing the community calls! My EB1B I140, I485 was filed concurrently, I140 approved, AOS interview done for the family a year ago, PD was not current, file with NBC, recently was laid off by I140 and I485 filing employer, have EAD/AP valid until April 2021. I will sincerely apprecite if you could help me with the following questions:

1. Would it be alright to join a start up company (in same and similar area) if they pay less less (than my fixed base pay with I140 filing employer) and more in variable pay based on performance?

2. Do i need to file AC21 before joining or can i join on EAD immediately and file AC21 later. What if AC21 is not approved, in that case can I change to a different employer and file another AC21?

3. What about the my wife AOS which is also based on my I140, do we also need to file AC21 for her or is it just my AOS?

4. Does my current immigration situation allow me to open and own a start up?

Thanks & regards
Last edited by a moderator:
Dear MR Rajiv:

I have below followed up questions with last Conference call April 16, 2020, on B1, B2 change of status filing due to COVID 19 job loss.

I understood from you last by weekly community conference call, in case filing B1, B2 ( Tourist visa), and the case still pending, and meanwhile, if I found a new job and file new H1-B transfer I cannot start right away and need to wait for H1-B approval. And once I get H1-B approval, I need to travel with my family out of the USA and need to get stamping and come back to the USA to join the new job.

My questions below.

1) If I travel outside the USA with my family to get our H1-B visa stamped and if the US embassy rejects our visa for some reason, is there any other way I can return back to the USA, since I have own house and my daughter is studying in High school this year.? I have I-140 approved 2011 filed date and I-485 still not yet current.

2) Even in case, our H1-B visa stamping is rejected outside the USA, can I use my B2 pending application to come back to USA (this may not make sense) or can I wait until my B2 tourist application got approved and get B2 visa stamped to come back to the USA legally.?

3) Or with Covid-19 situation, once my H1-B is approved i can start to work since traveling outside the USA with family for visa stamping due to Covid-19 is not advisable and USCIS will forgive me?

Thanks in advance.

Immi Kumar.
Hi Rajiv,

Based on the new Visa Bulletin (May 2020) released couple of days back, the current Priority date for the EB-2 classification in the Employment based category is June 2nd, 2009. My priority date is May 26, 2009. How soon should I expect my Green Card, based on this new date? Are there any more hurdles and loops that I have to go through before getting the actual card. I am currently on GC EAD (5th time extension) and it is valid until 2022, but just was curious to know whether I have a chance of getting my Green Card, because it's been a 10-Year long wait.

(I-140) Details:
Receipt No: LIN-12******
Receipt Date: March 2, 2012
Notice Date: June 20, 2012
Priority Date: May 26, 2009

(I-485) Details:
Receipt No: LIN-12*******
Received Date: April 26, 2012
Notice Date: May 8, 2012

Current E.A.D./A.P. Status:
Expiry Date: Jan 18, 2022

Thanks in advance. Appreciate if you can respond to my query.

Not open for further replies.