Recording available for December 15, 2016 Conference Call

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Hi Rajiv,

I am 68 years, GC has been approved recently under IR5 category. A remark on the Visa (in the Passport) has been given thus: "Annotation Class A or B(TB) Reqd. ATTN. of USPHS at POE". The I/O at the POE - about a week back - has not given any paper in pursuant to this remark. What needs to be done? I wonder unless and until I give any response in this regard, the plastic Green Card may not be issued by them which I am told may otherwise take 3-months.

Further, even though I have come to the USA, but my several financial obligations need to be addressed to in India for which I may have to visit India frequently. Please let me know for how much total period in a year, I am required to stay in the USA so that the GC remains intact. Also what is meant by "year", whether 12 months from the date of my first entry ( as a GC holder) or Jan-Dec every year? I had to file a few money & immovable property recovery suits in India which may take 2-3 years for adjudication for which I have engaged competent lawyers but my presence is required for "effective & proper follow-up".

I also have a valid Visitor's Visa which has not been cancelled.

Thanks & Regards
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Hello Rajiv ji,

Current job's H1b visa ends on June 30 2017. An offer of another job is possible in Jan and new employer is ready to apply for cap exempt H1b. Start date of new job is in Aug 2017. Does employee have to leave US within 10 days grace period after June 30 and return in Aug after stamping? How long can one wait in US unemployed if H1b for next job is approved or in processing?

To avoid having to leave US, is it a good idea to request new employer to have start date of July 1 on visa? Will rules allow to actually wait in US after June, before starting new job in Aug?

Do you anticipate any significant changes to visa stamping/entry policies in first few months of the new administration?

Dear Rajiv Sir.
I have citizenship and oath ceremony on Jan 5th 2017.
I have with me in Dallas Texas, my mother who is staying with me. She came to Texas on B1/B2 visitor visa on Aug 16th 2016 and has 6 month stay allowed till Feb 16th 2017. (I94 expiry)
She likes Texas and her grandkids and hence decided to apply for Permanent Residency.

Can you please advice if the below steps are correct and any missed/incorrect steps:
1) After I get my citizenship certificated, I can apply for my mom's green card the very next day. (and I do not need to wait for my US passport). Is this correct?
2) I file Form I130 (for green card), I485 (adjustment of status), I131 (Advance Parole Travel document) and I765 (application for EAD). Can I apply for all of these concurrently?
3) Are there any other forms missed apart for I130/I485/I131/I765?
4) Is birth certificate mandatory for I130 (my mom was born in India in 1953. There was no birth certificate issued. And her education certificate and passport entered date of birth is considered proof of birth date in India. Can we submit this for I130?
5) Processing time for I130 is 5 months. But I was told that I765 and I131 are issued maximum within 90 days. Is this correct? Because my mom might want to travel to India for 2 weeks in April/May 2017.
6) Since her I130 will not be approved before Feb 16th 2017, when her B1/B2 I94 expires, can you advice me the form/procedure to make sure she is not out of status.
7) To file for extension of B1/B2 I94 status beyond Feb 16th 2017, does I130 be approved or can extension be filed along with I130 application?

Thanks in advance for all the advice.


Registered Users (C)
Dear Rajiv.
I am on TN employed in Texas with Employer 1.
Employer 2 has offered me a part time job in the same TN category. He is applying for my TN by post to USCIS without traveling to border.
Can you please advice what precautions to take while filling up the form, so that the Employer 2 TN is considered part time and in addition to Employer 1 TN.
Important is Employer 1 TN should not be cancelled. Please advice.



Registered Users (C)
Hello Rajiv

What will happen to H4 EAD's validity [valid until 2019], that was applied through Employer A, when principal H1 applicant transfers to Employer B ?
Can the spouse continue to work until the EAD's expiry even if the principal H1 applicant has changed employers and the spouse has new H4 with new employer ?


Registered Users (C)
Dear Rajivji

My I 140 was approved in Nov 2014 for employer A, for which I worked until Feb 2016. Lost job after that. I got the most recent H1B extension for employer B ( 8th year) using the approved I 140 in July 2016. I do not know what is the current status of this I 140 approval - whether the company has withdrawn it after July 2016.

What are the implication of the new I 140 rules for my employment on H1B, future H1B extensions or any other implications.

Thanks a lot.
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Dear sir,

I have H1B visa till 07th Sep 2018. I entered USA on 02nd July 2016. As my current passport have the validity till 11th Feb 2017, at Port of entry, admittance stamp (I94) done till to that date. I applied for renewal of passport in Houston and got the new passport.

Could you please tell me the process to get I94 stamping in the new passport as it is going to expire on 11th Feb 2017.

Thanks in advance.


New Member
Hi, I am on H1B visa under EB3. I have cleared PERM and have I-140 cleared in 2012. I completed Masters and have cleared PERM under EB2 category and I-140 is in process. I have a job offer from client and they want me to join them immediately. Will I be able to keep the priority date of EB3 if I join new company? Will the employer be able to revoke my I-140 it even though it has be few years already? Should I wait to join client until January 17th or it makes no difference? I heard about EAD for I-140, but it has some conditions. If I join client, will I still be able to apply for EAD. Waiting eagerly for your advice.
hello rajiv,

i am on K1 visa and got married a couple of months ago. on our marriage license was my maiden name as i was not aware that we should put a future name (married name) on the application. i am a filipina and in our custom, it is by default that a woman carries her husband's surname after marriage. due to this circumstance, my pending i-485 (AOS application) is having my maiden name as well on the paperwork. i understand that my green card will bear the same once issued.

i had my biometrics and id photo taken last month and is scheduled for the interview on 7th january.

is it still possible to request USCIS to consider changing my name to my Married Name before my green card is issued even if my marriage certificate bears my maiden name?


New Member
My wife has applied for her brother and family under F4 Category. Since there is a long wait, can they apply for tourist visa?
Hello Rajiv,

My Company (B) started layoff from December 01. To maintain my status I filled for H4 and EAD concurrently on Dec 08 at USCIS on my wife's approved H1B and her approved I 140.
Now, As of Dec 14th I have received an offer from Company ( C) and they have began process of filing new / transferring my H1B for potentially to start in Jan 2017.
I also have my Approved I -140 from Company ( A) which was my primary company where I was working for sometime.
Can I have two simultaneous applications at the USCIS ? ( H1B and H4 +EAD) or should it be OK if i stay on H1B for while filed by Company C and then when I receive my EAD let them know my change of status?
Please advise on this situation.
We appreciate your community call service.

Thank you & Best Regards,

FAQ: Should I renew my green card before I apply for naturalization/citizenship?
Hello, thank you for taking the time to do this conference call. I have a simple question.

If you are eligible for citizenship but have an expired permanent resident card, do you have to renew the card before you apply for citizenship?

I have received different answers from a couple attorneys and the immigration office themselves. Some say you do some say you don't. Thank you.
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