Recording Available for Jan 9, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

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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: 23 January 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.
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New Member
I have priority date of Jun-2012 under EB3 India and made some calculation that it would be too long to keep waiting endlessly.I would like to know some estimation on how much more time it will take looking into the numbers of PERM certified each year in the employment category.
I assume it will further slowdown the process from year 2020 onward. Please suggest as I am planning to give up on this endless wait.

Data from foreignlaborcert site shows PERM certified numbers who are all eligible to file I-1485
2006 62,000 22,645
2007 69,000 24,573
2009 29,502 11,387
2010 70,237 28,930
2011 59,863 31,273
2012 54,581 30,278

As the Priority date is still around 01-JAN-2009, I believe they are still not done with PERM certified cases of year 2009.
And on top of it , from year 2010 onward the no. of PERM certified cases are further increasing with 70,237 who
will all apply for I-485 application.This may make the priority date almost stagnant for few more months in year 2020.
I filed I-485 in Aug 2018 ( based on EB-5).

My I-485 was approved in June 2019.

But USCIS issued the 2 years conditional green card (CGC) with start date of Aug 2018 instead of June 2019.

I filed I-90 in July 2019 highlighting the USCIS error.

I had asked for expedited processing with USCIS stating the I-829 filing requirement 3 months before the CGC expiry date (Apr 2020 based on Aug 2018 as the CGC start date) but it was rejected.

Now, the I-90 processing time is about 7.5 months to 17 months.

If I'm going to get corrected CGC after 17 months, it will be after Aug 2020 by when I might have already crossed the 2 year time limit based on the erroneous start date printed CGC issued by USCIS

Please Note: My spouse's CGC start date is correctly dated with June 2019.


Should I file I-829 based on the incorrectly dated CGC issued by USCIS (in May 2020 (ie 1.75 years from the wrong start date of the CGC) ) or should I wait for the new CGC card based on my I-90 application?

What happens if the new CGC takes longer than 1.75 years from the filing date?

Thank you
Hello Rajiv Sir,
I applied for I-485 using cross changeability in Dec 2017 my case is outside normal processing time my attorney opened a service request its been more than 3 weeks still no update on the interview, I had a chat with my attorney he said we will again open a Service Request if we dont hear back.

Q> Is there anything else I should do?
I have H1-B more than 8 years , I-140 is approved with priority date 2014. I lost my job on 18th Nov 2019 and My H1-B visa and I-94 is going to expire on 14 Feb 2020. As per my employer he will revoke my H1-B but I have no clue when they will revoke my H1-b and somehow I don't have any communication with him now.

I am in USA and trying to search for job with assumption that I am on 60 days grace period time.

Do I have 60 days grace period time ? or I have to leave country immediately ? I am really confused about my grace period time.

a. I am not sure that my employer revoked my H1-B till now ?

b. How I can find when he revoked my H1B ?

c. How USCIS count days for grace period time?

On my job's last day which is 18th November 2019 or when my employer send request to USCIS to revoke my H1-B or the day I get some information from USCIS that my H1-B is revoked ?

Please guide me. what is my status right now ? Can I stay in USA 60 days and try to find job or I assume that my H1-B is revoked and leave the country ?

I checked status on USCIS web site, I do not see any information
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EB2 to EB1

Hello Rajiv,

I am currently on EB2 process with a non-profit organization. I am wondering what are my chances to switch from EB2 to EB1? Will publishing papers alone help make this switch? I do have two masters degrees, one in Business Management from India and another Management Information Systems from US.

please do let me know what are the chances. Thanks much for the help !
Hi Rajiv,
I have an approved I-140 with employer A. I switched to employer B a few months ago (currently on H1B with Employer B ). I am planning to go to for stamping next year. My employer A is refusing to give me the I-140 approval notice copy. I do however have the copy of the I-140 approved petition. Am I going to have problems during the visa stamping without the I-140 approval notice copy.
Your help is much appreciated !
Hi Rajiv Sir,

I am posting for my friend.

He traveled to US with L2 Visa as a dependent of wife's L1 . got the EAD and was working in L2 EAD from last year . L1 Visa expired in September 2019 and L1 & L2 is filed for extension and his wife's L1 is approved, his L2 status is still awaiting for approval . Meanwhile, got H1B approved in Oct 2019 which was in RFE status during the period, which was filed with other employer . Now

1. Can he still continue working on L2 status ? or does it automatically cancelled with H1 B change of status approved ?
2. Does he need to transfer to H1B status with current employer ?. If so, can you please guide on the process of transfer of H1 B employer to L2 Employer.

thank you very much in advance.
Hi Rajiv Sir,

I am on my initial OPT and I will apply next month for a STEM OPT extension. I recently received a 12-month employment offer from a company with the option of converting it to a permanent position based on satisfactory performance.

When I checked the requirements for STEM OPT jobs, I compared them with my offer and my offer meets these requirements;

- The employer is on E-Verify
- I will be working directly for the employer
- Job is related to my degree
- It is a fulltime job with > 20 hours per week

However, I don't know if time-based employments like this are accepted under STEM OPT. Are they accepted under STEM OPT?

Thank you very much in advance.
Hi Rajiv

1. I was on H4 and has Visa till Feb 2020 beginning.
2. In March 2019 I applied for H1, which got approved on Oct 29th, 2019 (after RFE clarifications)
3. My employer received I797 C copy, and his attorney did not receive I797 A copy.
4. While responding to RFE my employer responded directly and asked his attorney to file G28 withdrawal.
5. So now I797 A copy is not received by anyone
6. My employer contacted USCIS for 2 more times and requested for I797 A copy. But unfortunately, he received only I797 C copy.
7. When the employer consulted the old attorney, he is claiming that he did not receive any I797A copies.
8. I tried to get the SSN using I797 C and failed.
9. Now my employer sent a request to USCIS a week back to withdraw the attorney on file (G28 withdrawal) from his end and requested for I797A copy again.


1. Does USCIS accept his request to withdraw attorney or is there any other separate procedure?
2. How can I/employer get I797Aand I94 from USCIS?
3. The employer wants to file I824 only after confirmation about G28 withdrawal as the attorney is not co-operative.
4. Is my status valid to live in the USA ( without SSN) in case of delayed I797A, or should I fallback to H4 and apply for H4 extension as it expires in Feb 1st week.
5. In case I have to fall back to H4, how soon should I do it?

Thanks in advance
Hi sir,
Had your reference from one of my known who was very much in praise of u as u handled her case effectively. I am J1 visa holder, working as research scholar. I have clause of 2 year physical presence at home country. I never imagined that this clause will withhold even after change of status to student visa F for my son who is accompanying me as j2 dependent and seeking admission to undergraduate course. Pls advice as my son will be wasting crucial years of career. Looking forward to your response
Hi sir,
My I-526 petition was reaffirmed on June 04, 2019 and I received reaffirmation notice from USCIS, but I have not received new approval notice. I have also requested USCIS to send the approval notice but they have not processed my request yet.
Is there anything I can do to receive approval notice from USCIS?

Gajanan Mante
Hello, I have a question concerning my US entry current status. As a child I
and my family moved to the US on a E3D visa. In the Februrary of 2019 my dad
and my whole family left back to Australia, while I stayed in the US with a
friend's family in order to finish my senior year in High School. It says on
the E3 visa site, that it is annulled as soon as the employer looses his job.
Because I was tied to my dad's visa, it means that I overstayed my arrival in
the US as soon as he left the country, is that correct?
Then in August I left US as well. I calculated that I overstayed by 186 days,
does that now mean that I can not enter the US for 3 years now? I want to get
an ETSA to visit the US, but I'm not sure that even if I do get it, will I be
allowed to cross at the borderline?

Thank you, Svetlana Lerner​
Some clarification on INA 320
We (Parents are Naturalized Citizens) We did not apply earlier due to family situation and had to reside abroad and our child was born before we naturalized.

My Child (12 yo) has been approved for a green card. He will entering the US this April
From What I understand of INA 320

I can apply for his passport as soon as we arrive in the States as well as for a COC
once he gets the passport is he allowed to travel freely as a citizen or to comply with "residing in the States" his trips outside the US must be shorter than 6 months.

Also once he gets the COC can he travel freely as a US citizen
Hello Rajiv Sir,

I will become US citizen in March 2020 and will plan to sponsor my parents for Green Card (immigration). My parents have 2 legally adopted children (1 child adopted from my sister and the other from my brother). We are 3 siblings all married and above 21 years other than 2 adopted children. So in total my parents have 3 genetic children and 2 adopted children. 3 genetic children are not living with parents. Both the kids were legally adopted 5 years ago and they have physical legal custody and are living with them since then. The children are 16 years and 17 years of age.

My questions are:
1. When I will file petition for my parents green cards will the children be considered as their children and file petition together?
2. Will there be any issue on adoption as they are their grand children too (considering that adoption process was legal and through the court order)?

Please provide your expert opinion on this situation. Thank you
Dear Sir,

I apologize if I am repeating any of the questions.
I have approved I-140. It has been more than 180 days after approval. I am thinking of pursuing better career opportunities. I have following questions in that context:

1) If I change employer, should the new employer start my GC process by filing PERM in 6 months or 1 year?
In other words, is there any time limit for the new employer to start my GC process by filing PERM to retain my priority date?

2) If answer to Q1 is no then can I get multiple visa extensions on old I-140?

3) If answer to Q1 is no then is there any particular event when new employer is required start the GC process? For example, when my PD becomes current.

4) Should the new job be in same or similar category?

Thank you for your kind cooperation!


New Member
Dear sir,

I am currently working on H1B visa for a non-profitable institute. I got my I-140 approved under EB1A category when I was holding J-1 visa. In the I-140 application, I mentioned that I will go through immigration processing for getting the green card (second step). However, now I am willing to file
I-485 once my priority date is available. The date is not available for India.

I have following questions regarding H4 EAD:

1) Can my wife (H4 visa holder) apply for EAD in this scenario.
2) She just came to US this month after her initial H4 visa stamping. Does the 30/60/90 day rule apply for her EAD application ? or can she apply for EAD at any time.
Hi Sir,

I was on H1B in USA for 5yr and 4months and left USA on Sep 2016.
After 3 years of stay in India, i got a new L1B on Nov 2019 from a different employer and entered USA on Dec 2019.

1) I want to understand if my visa clock has been reset and my L1B has 5 years max time now or not (Does the old H1B time still considered)?
My L1B Visa stamp, I-129, I-94 all are approved from 3 Years, i just want to be sure there are no surprises or Laws which i don't know
2) can i eventually reactivate my previous H1B reclaim time from it after I140 or that H1B is lost now?

Can green card holders(L1-A) change their profession or change their role/responsibilities and will it have an effect on naturalization?

Ex: From IT manager to IT business analyst or IT architect
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