Recording Available for August 06, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ'S will be addressed first and these FAQ'S will be posted in our FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here.
Note that we answer posted questions and follow-ups first.
Call Details:
Next Call Date: 20 August 2020
Start Time: 12:30 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration Related Questions

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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I am a DV 2020 lottery winner, currently residing in the United States. I am also a college student with an expected graduation date in December of this year. As of today, I have:
  • Obtained my SSN, EAD & AP. EAD and AP expire in March, 2021.
  • Completed a green card interview with USCIS as of Feb 2020. Got approved for a final background check - last step in the process.
  • Put in numerous case inquiry requests – received generic answers from USCIS.
  • Have congressional immigration liaison assisting me with my case – have not heard back from USCIS yet.
Should I proceed to write a letter to ASC/National Benefits Center to inquire about my adjustment of status case? If so, should I do so through congressional immigration liaison?

What else can I do to help my case? Please let me know. Thank you!
FAQ: I-485 Pending Using EAD Consequences
Hello sir,

I am a Registered nurse present in the US with F-2 visa stamp on my passport. My husband, being in grad school, has 2 more years of valid I-20. An employer sponsored me the green card, and recently I received my EAD based on I-485 application. But both my I-140 and I-485 are still pending. The employer wants me start working although my I-140 is pending.

1. Do you recommend to work on EAD while I-140 still being pending?

2. If I use that EAD, and by any change if I-140 is denied later, should I leave the USA to avoid unlawful presence? How can I come back to F-2 status again?

On the other hand, the employer claims that as long as my husband maintains his F-1 status, my F-2 status will not be affected.

Thank you for your time and suggestion.

---------------------------FROM RADHA---------------------
Hello Rajiv,

I am on H1b, past 16 years, My Priority date is current ( my old employer 2008 *EB3),. by porting now with a current employer planning to file 485 in a couple of weeks.

H1 validity until October 31st 2020

If 485 is pending status can we apply for every one-year H1 extension until we Received Green card?
Is there any Max out period for h1 b because we are here from 16 years on h1?

If any Reason I 485 Denied or Rejected with current employer, in that case, can I Reuse My Priority date for new employer and file I 485 again?

can I get as usual my h1 extensions after Gc denied ? will I loose all my GC and H1 extension? do I have to leave the country ?

If I lose my h1 because of 485 denied , in that case, do I have to apply New H1 in lottery system?

If H1 extension denied , by using my EAD or EAD receipt can I transfer MY H1 to New employer? ,even after my I -94 expired?
Is it possible to get extension until I get green card?

if any reason If I move to F1 can I reuse or retain the priority date in future when I move back to my H1 ?

if we get GC EAD , can H4 person work on GC EAD ? IF Yes ,incase 485 Denied ,does H4 person has to step out country ? Re enter on H4 visa ?
or she can move to EAD TO H4 while she is in US ? without step out country?

Thank you,

------------------------------FROM Kumar ------------------------
Hi Rajiv,
Thank you for providing an opportunity to ask questions on this forum.

Here is my situation:
I have been working with company A since 4 years. I have future based green card processing in progress with company B. My priority date is Dec 2009. I have downgraded from Eb2-I to EB3-I as dates in eb3 moved forward. During this process of downgrading, I have applied for new I-140 with existing perm. I got my EAD in EB3-I last year. I am unable to use the EAD as my I-140 in EB3 is not yet approved. I filed this I-140 in Eb3-I during Dec 2018. It has been 19 months now that I-140 in Eb3 is not yet approved. We have raised numerous Service requests. I have created a ticket/case to USCIS ombudsman. do you think it will work?
1. what other options do I have?
2. Is congressional inquiry better than ombudsman service?
3. If I do not hear anything in next one month, can I still apply for premium processing though I contacted ombudsman?
4. do you think some one will ever look at this petition?
5. in worst case, is my I-140 in EB2 still valid? if Eb2 date becomes current, can I refile my AOS in EB2 category?
6. my EAD is expiring in dec 2020 - AP has validity till 2021. I am renewing my EAD, can I ignore applying for AP? should I apply for AP?

Thank you
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Hi Rajiv,

My PERM is currently in BALCA for over 2 years, and I have been getting H1B extensions for the past 2 years, due to the PERM being in pending status for more than a year. I'm in my 8th year of H1B now. My employer wants to revoke the already applied PERM (in BALCA) and file a fresh/new PERM instead.
Below are the questions I have,

1) What happens to the already approved H1B extension that was filed using this PERM (which is in BALCA).
2) Does the H1B extension stay valid even if the PERM is revoked and does it impact my visa status.
3) Any other implications you see of revoking the PERM.

Thank you for your help.
FAQ: H-4 EAD issues
Thank you Rajiv Sir, I am having H4-EAD,Can I start any business?

------------------------FROM PREETI-----------------
Hi Rajiv,
I am presently working fulltime on H4 ead with Company A(40 hours/week) , with which my H1b cap picked up in lottery has also been filed with USCIS.
I got another fulltime job with Company B(40 hours/week), and since both the jobs with Company A and B are remote and less hectic
1)I am planning to work for both the companies meanwhile. I hope that is doable on H4 ead?
2)Suppose my H1b gets approved with Company A . Once H1b gets approved, do I need to leave company B as and when H1-b gets approved with A or I can continue working with B and ask B to transfer my H1b with them and leave company A when H1b transfer is complete with B?
3) Also, in the W4 do i need to specify that i am doing two jobs?

Thanks for your help !!
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Hi Rajiv,

I'm with the employer "ABC Corp" for the past 10 years and my I-140 was approved March 2012.
All my H1B approval notices petitioner name was "ABC Corp"
Recently I realized that on my I-140 approval notice petitioner name was mentioned as "ABC Inc" instead of "ABC Corp"

Do you think it will be an issue when I file my I-485? or Should I ask my employer to take any measures to fix this?
FAQ: H-1B no notification of termination, 60 days grace period, etc.
Hi Rajiv,

My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.
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Registered Users (C)
Hello Rajiv,

My parents are on a Green Card and went to India for a trip back in late October 2019. Their flight back was on April 4th but was cancelled due to the Pandemic. The are still suspended but likely to resume next month. Both my parents being in their early 80’s I am hesitant to ask them to travel back give their age and the growing COVID cases in the US. However, my understanding is that if they stay over a year the Green Card is considered abandoned and gets revoked.

My questions are:

1. Are the any exceptions being granted this year due to the Pandemic?

2. Do they need to apply to the local embassy in India for an extension prior to the year being completed in India? Can they site their concerns about the Pandemic and their age as a reason for not wanting to travel?

3. I would ideally have them not travel this year till things improve. What are their options to keep the Green Card while staying over a year.

Thank you.


Registered Users (C)
Hi Rajiv,
I am posting this question on behalf of my sister.
The situation is:
1)My sister and BIL are here in the US, on L1A and their only son is currently in India. My BIL has received his approved (1st renewal at the end of 3yrs) I-797, valid until April 2022. My sister is yet to receive her L2.

2)My nephew (18yrs) has L2 stamped in 2017 and is valid until 2022. But, the PED on the stamping is 4/24/2020. He got his passport renewed recently and the L2 visa stamp is on the expired PP. He has both the PPs with him.

My question is:
1) Does my nephew need visa stamping to be done in India again, based on the new approved I-797 of my BIL? Does the new executive order of the President impact my nephew's case in any which way?
2)Can my nephew enter the US with his visa stamping from 2017 and a print out my BIL's approved latest I-797.

Thank you very much and truly appreciate your services.
FAQ: Deadline to join new employer after H-1B transfer is approved
Hello Rajiv,
After h1b transfer is approved with the new employer, how long do I have to decide if I can to join the new employer? Can I join after 90 days of h1b transfer approval? I read online somewhere that within 60 days I have to join the new employer or else, the new employer can revoke the approved petition. Is that right?

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The priority date is current, Unable to file 485 Adjustment of status, due to the old company doesn't exist but I 140 is active using that I 140 getting 3 yrs of H1extensions till now ,
Current employer, Perm is Expired and recently filled for 3yrs H1, USCIS approved only 1 year, H1B validity until till October 31st, 2020,( USCIS send a notice 8CFR 214(h)(13)(iii)E, due to visa availability we gave limited validity period, because of visa availability you are exempted from H 1 extension beyond 6 yrs.


1. In this situation can we request one more year of H1 extension ( beyond control and unable to Adjust of status because the old company does not exist and current perm Expired)

Is there any option my employer can request 1 more h1 extension? will USCIS consider our h1 extension? what are the chances for H1 extension approval?

3. one of Attorney told if priority date retrogressed back and forth within 12 months of a period you may Request 1 more year h1 extension, due to unable to file 485 status?

do we have that option, my priority date is 2008, It went 2 times back in AUGUST AND SEPTEMBER 2019 of 12 months period .afterthat from October its continuous visa number available.

If we step out of the country due to the H1 extension issues, can we come back after 1 year by using old H1 if the employer supports?

current employer restarting the PERM process again due to old PERM expired, If we have valid PERM and I 40 from the current company can I apply for Green card in the consular process from INDIA once we step out the country.. employer will give continuous support for the job offers and the ability to pay.

Please advise any options.

Thank you


I am currently in process for an EB-1C application, as a native of India. Can you advise if this is expected to become current by EoY 2020? If not, how long can I expect to wait after my I-140 is approved?

Thank you.
Hello Sir,
I got a specialty occupation RFE - for job code "IT project manager" on H1B extension. I have my I140 under EB1C approved with PD Nov 2019. Just wanted to get your thoughts on this RFE, are there high chances of denial? I read in other online forums that this "IT project manager" gets lot of denials as its not classified as specialty occupation. My employer and the attorney are going to give a good explanation for this, but still wanted to get your expert opinion?
Currently I am on F1 OPT visa which is valid till June 2021. Also, my current employer filed H1B on June 03 and it is still in process. Due to my current situation, I have decided to resign from the company. Will I be able to join another company in September on my F1 OPT visa?

Thank you!

Currently I am on F1 OPT visa which is valid till June 2021. Also, my current employer filed H1B on June 03 and it is still in process. Due to my current situation, I have decided to resign from the company. Will I be able to join another company in September on my F1 OPT visa?
To further elaborate, I graduated in May 2020. My prospective employer submitted the H1B application on June 03 and it is pending for final approval from USCIS. And now due to some unexpected unfortunate recent developments in COVID-19, I will have to join another company by September.

Now my question is two-fold:

(i) My employer is ready to file an H1B withdrawal request but their lawyer said that USCIS often will not take action on a withdrawal request. I can join on the F1 OPT visa if the H1B withdrawal request gets approved. I think this is the best possible scenario for me. Do you think this is possible? or;

(ii) I can wait for H1B approval and request the new employer for an H1B transfer. I am worried about this because I have heard that H1B transfers are successful only after 2-3 payslips beginning change of status (i.e., after 08/01). And all this will substantially delay my joining date with the new employer. Are there ways to expedite this process?

Please let me know if you need any additional information. I would like your advice/assistance in this situation.
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