Recording Available for July 23, 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: 06 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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FAQ: Covid-19/Coronavirus applying for B-2 status
Hello Rajiv Ji

Current condition:
I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.

Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.

My wife called USCIS and was asked to email USCIS on to notify her of the receipt number of my wife and son. But she has not received any response.

I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?

Q1. Should I include my wife and my elder son in the i-539 change of status B1/B2 application? Or rather wait for the H4 Receipt number? Can my H4 son keep studying in the school if I include him in a change of status to B1/B2?

Q2. What will happen to the pending H4 application of my wife and son if we leave the USA without waiting for the H4 Receipt notice?

Q3. There is a possibility that after applying the i-539 change of status to B1/B2, we have to wait for the decision for months? Should we stay in the USA until we receive the H4 receipt notice or Change of status to the B1/B2 decision?

Q4. Can I apply for EAD under special circumstances?

Thanks and regards
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FAQ: Working from Canada on or off H-1b
Hello Rajiv!

Hope you are doing well - I came to know about this forum from a friend of mine and I must say this is really helpful!

I am currently working full-time in California with a big tech company on an H1B visa. I also have a Canadian PR.
I have been in talks with my employer to move to Canada for a while.
In earlier stages of discussion, since the company has an office in Toronto I was planning to move there.
However, moving to Vancouver suits me more for timezone compatibility and because I have some family connections there.
With this in mind, I have been wondering if I can keep my US job (Get my work location changed to Seattle) and commute from Vancouver once a month.

My employer is completely okay for me to work remotely. I can do all my work from home and there's never been any ask to come in to work for me.

From a tax perspective, I will have to file tax at both places and I have spoken to CPAs on both sides (US & Canada) regarding this. This can be handled.

1. Can I stay in Vancouver while I commute to Seattle for work once a month for a day?
Is there any restriction on the amount of time I need to spend inside the US on H1B?
Is there any restriction to how frequently I can go in/out of the US on H1B?

2. Since my work location would be changing to Seattle from California for me to be able to do this. I am suspecting my PERM will need to be refiled. But given that my H1B is expiring next year and the PERM, I140 process takes almost 1-1.5 years. Can my current company use an older existing approved I-140 petition to help me get my H1B Visa extended? My older I-140 had been approved for more than an year before I left the employer.

3. Will doing this have any impact on my H1B Renewal? I would need to go for re-stamping next year in September.

4. My friend is in Seattle with whom I plan to stay whenever I am in the US. So considering that I would be staying at that address whenever in the US. Would keeping that as my US address for all purposes be okay?

5. I have heard of cases USCIS site inspections, considering my work location is the Seattle office, if I am in Vancouver when such a thing happens. Any idea how this gets handled? Ofcourse my employer would know the days I am working from Vancouver. Is there any scope of anything going amiss which might cause trouble? Any advice on how to handle this?

Thanks a lot for your advice - More good karma coming your way!
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Hello Sir,

Hope you are doing good!

My Situation:
I am on H1-B currently and due to COVID-19 I got laid off last month.
I was initially working for employer A from 2008 on H1-B and had approved I-140 but it was revoked after resignation in 2016.
I was on H4 and H4 EAD for a while and was working for employer B.
I applied COS from H4 to H1-B with employer B using employer A's revoked I-140 and got approval in 2018. In this process got RFE stating that my I-140 was revoked and not eligible for any additional H1-B time. We responded using AC21 rule and finally got the approval.
Now I have employer B's I-140 approved in June 2020. I have requested employer B to not withdraw I-140 till the 60 days grace period but I don't have confirmation on this.

1. Can employer B withdraw approved I-140? Does AC21 rule applies even though it is within 180 days?
2. In case if employer B withdraw I-140, can I still use it to transfer H1-B to employer C within the grace period as the adjudications are happening pretty slow?
3. If I cannot use employer B's I-140, can I still use employer A's revoked I-140 to transfer H1-B to new employer?
4. In worst case what other options do I have to stay in USA with valid status till the covid situation gets better and safe to travel back to India?

Thank you for your support! Stay Safe!
Hello Rajiv ji,
Hope you are doing well.
I am on H1B with i140 approved and on the 6th year with my extension applied. The petition is valid till July 27th and I-94 till Aug 3rd. Got RFE and my employer will be responding to that but wanted to know my available options in case the extension of status get denied

  1. My spouse is also on h1b with PERM going on. So can I apply for change of status from H1B to H4 before August 3rd? or, can I apply after August 3rd also while my h1b extension decision is pending?
  2. After August 3rd, if I have both my h1b extension and COS to h4 application as pending, what status will I be in?
  3. Can I withdraw the COS to h4 once my h1b is approved?
  4. If my h1b is denied, and if I had applied applied COS to h4 with the decision pending, can my employer still apply for another cos to h1 or do an h1b extension? In other words, how do I get back to the h1b status?
Thank you for looking into this.


Registered Users (C)
Current H1B (2nd Term) is expiring on Jan 2021. Due to recent layoff's company had to postpone filing of PERM to September 2020. No of months remaining on the first 6yrs of H1B : 5 months plus (90 days outside country).

Can my company apply for H1 extension for the remainder 8 months so that it could buy time until PERM/I140 is approved ?
Hello RajivJi,

Hope you are doing great.
I am currently on H1B with an approved I-140 and current petition valid until Oct 2022.

Some Facts:
My spouse is on L1A visa and her current petition is expiring on 23 Oct 2020.
Her I94 is valid until 2 Jan 2021.
Her 7 years are maxing out in 14 Feb 2021.

Her company is wiling to file her extension to capture the remaining months until 14 Feb 2021. This will be her 3rd extension.

The Situation:
Her company is in the process of filing her Green Card in the EB1 category. Given the time remaining, we are only hoping that she'll have an approved I-140 by 23 Oct 2020.

Given the covid situation, I don't want to take chances with filing an extension and would like to change her status to H4 and file H4 EAD concurrently (via my employer) starting from 24 Oct 2020.

1. Can we file her extension as well as H4 COS? Am assuming not, but wanted to confirm?
The reason I want to ask this question is to capture her 7 years, while her I-140 comes through. I am apprehensive about the case if the extension gets denied, then she'll be out of status and I would not have enough time to Change her Status to H4.

2. Once company files her I-140, can she still change her status to H4, even before she receives approved I-140? What happens if she doesn't receive approved I-140 by 23 Oct 2020.

3. Does she needs to be on L1A throughout (until the priority date becomes current) to be able to file her adjustment of status OR consular processing, with her approved I-140?

4. Since we are filing for COS to H4 from 24 Oct 2020. In this case, in the I-140 application, can we choose AOS OR opt for Consular processing, given the priority dates for EB1 are still in 2017?

5. In case, both 3 & 4 are not possible, and if she travels back to India files a fresh L1-A, after one year outside of US, and travels back to US, can she still use the same priority date that we received in point 2?

Appreciate your inputs.


So we have sent our intent to writ to the DHS, LA Field Office (where we had our interview), USCIS main, NBC, Vermont, and Office of the Chief Counsel. I feel very happy to have done it.

I am wondering what is my next step? We have set our deadline for Aug 31st for a response.

Should we follow up with a call to USCIS to confirm they received it?

It's been 3 years since we filed an AOS application. Interview on 9/1/2018 in which we were approved upon an updated medical exam which we sent in and got confirmed they received - and nothing since.

Our file currently sits in the National Benefits Center.
FAQ: How can I qualify for EB-1C/International Managers or Executives
Hello Rajiv,

I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager.

Have I-140 approved and priority date is 2012 july.

1.what is my success rate of getting L1A
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.

Thank you very much for your help.
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Hello Rajiv,

My visa and online i94 is valid till Aug 28,2020.
My current petition is being hold by my employer X and petition is valid till July 3,2020 and i94 mentioned in the same i797 is July 13,2020.
I am working with a client P,contract was valid till July 10,2020 and they decided not to extend the contract any further.
I have started looking for some new assignment and got offer letter with a new client B on July 1,2020 and still not able to file the extension.

1. For filing the extension and amendment which i94 can be considered as valid(previous i797 or online)?
2. Can my current employer X can give me salary without filing the extension after petition expiry date i.e July 3?
3. What can be the impact if my current employer files the extension after July 13,i.e i94 date on i797, will it be normal approval or consular ?
Hello Mr. Khanna,

My green card expires in about one year.

1. Considering the current processing time of 11-12 months for green card renewals, am I allowed to file I-90 now - in July/Aug 2020?

2. If the green card expires while the renewal is still in process, what is the process to get a temporary I-551 stamp on the passport that allows you to stay and work after the regular green card expires?

3. Current N-400 processing time is 1 to 3 years per USCIS. If I decide to file an N-400 application now and the green card expires before the N-400 approval, I am assuming the process to get a temporary I-551 stamp on the passport is the same as for #2.

Thank you.
Hello Mr Rajeev,

I am the primary applicant on the I485 application.. I have recieved mine and my daughter's greencard recently with no interview from NBC.My spouse I-485 case has been transferred to FO and is still in review . She has a disorderly conduct arrest record which she disclosed in the I485 form. Wanted to check if there could be a case where her green card can be denied also? If yes, does she has any options?

Thanks for your help.
Hello Rajiv,

My situation:-
I was on F1 Visa pursuing Masters at Carnegie Mellon University (enrolled for fall 2019). However, due to health reasons I decided to take a leave of absence after the first semester and then have moved to Vancouver, Canada with my husband. I am currently working in Vancouver. Both me and my husband are currently on work visa and have applied for Canadian PR.

I wish to complete my Masters and have received an admit from University at Buffalo for Masters in Information Systems (2 semester course) for fall 2020. I have applied for a new F1 visa at the consulate in Vancouver. My first question is: Will I have any problems getting F1 visa this time? Any insights on the questions that I should prepare for?

Given that I get my F1 visa for fall 2020, since the courses offered by my university are online, my plan of action is as follows: I will visit the university in August and get my F1 stamped. I'll stay in Buffalo for 2 weeks and then return back to Vancouver and continue taking classes online for the rest of the semester. I will return to the university for the spring semester in January. My second question is: Will this plan have any effects on my OPT/CPT after I complete my course in June 2020?

Thank you,
Hello Rajiv ji,

We are expecting our baby and our parents want to wish to come to US August end. They have a valid visitor visa and while I do not see any news on entry restrictions on visitor visa, I wanted to check if there is any risk of coming over and then face any potential questions at the port of entry. Do you think they should hold off on coming?

Thank you !!!
Hello All,
I have a question.
I am scheduled for Oath Ceremony. I got a reckless ticket and my court date is after my Oath Ceremony. Do I need to reschedule my Oath Ceremony in-order to provide prove of the court to USCIS or just go to Oath Ceremony and tell them that I got this kind of ticket and I will take care of it on this date? I afraid if they make it bigger and I end up with no naturalization. Please advise
Hello Mr. Rajiv.

I have heard that USCIS has asked congress for assistance due to shortage of money and they might furlough people if they do not get it. If it happens, will immigration proceedings be delayed, like processing of I-130, I-485 etc.

My wife’s H4 EAD is expiring on 7/31. My employer is asking her to go on unpaid leave starting 8/1 until she get’s her new EAD card. Per her employers guidelines, She needs to exhaust all her vacation leaves before they put her on leave of absence. So She was planning to stop working on 7/31. However since she has 15days of vacation left, even though her leave of absence starts from 8/1, She will still get pay check for 8/1-8/20 specifically mentioning that it is from her vacation and not from actual work that she is anyhow not going to do. Is she okay getting such paycheck?
Thanks in advance!
Hello Rajiv,

Thanks for taking the time to help us out.
I came to the US in Aug 2015 and completed MS in CS in May 2017. [company A - previous employer and company B - current employer]
I moved to the Bay Area and started working for company A in July 2017 on F1 OPT.
I switched to company B in March 2019.
I mailed company A not to file for H1 in early March 2019 (have a copy of the email), as I wanted company B to file the H1B visa.
Company B informed me that the H1B visa did not get picked in the lottery. I was already on the STEM OPT extension, with only one more shot at the lottery.
When the last filing chance came in Jan 2020, I started getting my documents together. The DSO denied my request for I-20, and the college told me that I was already on H1B and didn’t need I-20. I reached out to company A who informed me that the H1B visa was approved in COS. They had no obligation to notify me about it and they did not remove my application which was prepared before March 2019.
I was told that its good news by the company B as I will not have to go through the lottery again in 2020, and the H1B transfer request was filed in Feb 2020 and approved in March 2020. I got the notice of approval in April 2020 done in consular processing.
With the new executive order and COVID, I reached out to company B, asking if there is any impact on my case. Because of lockdown, I was not able to travel, and consulates are closed anyway, they explained to me that I was required to file for a change of status request. We filed a change of status on 29 June 2020 and received an RFE regarding the maintenance of F1 status.
EAD expired on 12 July 2020 and I am on a forced leave of absence until COS is approved. I was told by the attorneys at company B to reach out to the DSO and get the sevis record fixed as it terminated on 1st Oct 2019 when the company's A H1B COS came into effect.
DSO is not agreeing to approve the change in sevis records.
Apparently both companies A and B have the same attorney firm. I have little belief in them and wanted to know your advice on this situation.
What are the other alternatives I have at this stage to resume my employment and get COS approved?

Thanks in advance and stay safe,
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Hello Rajiv Ji,

Thank you for the community call service.

My I-130 application got approved in Apr and it is with NVC at present. I have some queries related to the Affidavit of Support for financial documents.

My wife is an LPR and she has petitioned for me. She is currently unemployed and she has never worked in the US before, so she has not filed any tax returns. Therefore, we have decided to have a joint sponsor.

My father in law has agreed to be a joint sponsor but he has not been employed since May 2020 due to the pandemic. Is it sufficient to show his bank balance for financial docs?

My other questions are as follow:

1. Will my wife's unemployment have an impact on this process?
2. As per my knowledge, my wife has to file an I-864, but what should she mention income and the assets details? Or does she need to file any other form?
3. Can my Father in law be the 1st sponsor even if he is unemployed or could we have a 2nd sponsor?
4. If my Father in law files an I-864 as a 1st sponsor, does he need to file I-864A form also?
5. There are 3 types of forms I-864, I-864ez, I-864w, we are getting confused about them. Can you please give a quick note on them?
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