Recording Available for July 27, 2017 Conference Call

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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: August 10, 2017
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
Thanks Rajiv ji for answering the first question (check eligibility to apply GC for my adopted daughter)


As I understand, My daughter has to stay with us for 2 years before we can apply a GC for her. And yes we all have re-entry permit valid until Feb 2018.

I have a few more questions if you could help

1 - The 2 years time period you mentioned, does it start from the Foster care agreement start date or the actual court order date. My daughter is staying with us from the day we got the Foster care agreement.

2 - We are thinking of applying for a re-entry permit extension possibly for one more time and I know we might have to visit again in the US for doing that. Related to that I have 2 questions
2.1 - Would you know if we apply the re-entry permit will I be able to get a 2 year extension. I already have applied for one extension.
2.2 - Will I be able to apply a Business Visa for my second daughter so she could also travel with us, while we are also in India. What will be the process for the same?

Thanks for all your help.


FAQ: Does H-4 require a prior USCIS approval for visa stamping?
Hi Rajiv ji,

Thanks a lot for the community services being provided.

My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

My H1B visa stamp on passport expires Sept 1st 2017, so still can I use the drop box facility for H1B visa stamp on passport if I travel to India prior to Sept 1st 2017.

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New Member
MASSIVE EB3 Priority Dates Movement

Hi Rajiv Ji,
First thanks a lot for your Services to the Community

I am on H1B. I have a I-140 EB3 Priority Date of May 2008 from Company A. Now I am with Company B who is not willing to file my PERM. My H1B is valid until April 2018.

Following are the EB3 Priority Dates Movements in USCIS VISA Bulletin.

June 2017 VISA Bulletin: 15MAY05
July 2017 VISA Bulletin: 15FEB06
August 2017 VISA Bulletin: 15JUL06

Between June and July Bulletins there is a 9 month Advance Movement.
Between July and August Bulletins there is a 5 month Advance Movement.

So in a matter of 3 months there is a 14 months advance movement. If it goes at this rate then I will reach my Priority Date of May 2008 in next 4 months.

No one can judge the VISA bulletin movement dates. I am assuming by november 2017 I will reach my priority date of May 2008.

In this scenario:

1. If my company put a H1B extension request to USCIS in November 2017 will USCIS provide me a 1 year extension to my H1B?

2. Will I keep getting my H1B extensions in the future too even after my priority dates are current?

Please advise



New Member
H4 travel to the US while H1B transfer is in process

Hi Rajiv Ji,

I have an H1B visa with my current employer and my spouse has a valid H4 stamp (valid till Dec-2019) based on my current employment.
She is overseas currently and is planning to travel to the US in August for the first time.

In the meanwhile, I am starting my H1 transfer process to a new employer next week.
I will start working with the new employer upon H1B receipt notice from USCIS.

Can my Spouse travel to US based on my H1B receipt notice for new employer ? do we have to wait until the H1B transfer petition is approved ?


Can you let me know about the time waiting for EAD to be processed for c08 (pending asylum) have been waiting for 80 days.


New Member
Hello Rajivji,

Case: I-485 pending since 4 years. Did not renew H1B as using EAD/AP.

1. Can I work for a new employer using EAD without filing anything with new employer(Supplement J)? Can I go back to the old employer who originally filed the Greencard without any filing?
i.e. Still be with the original employer and work for another company for time being. Without filing any paper work.

2. Can new employer file H1B on old approved I-140 (I-140 filed by old employer)?
If yes, (i) Is it a brand new H1B since the H1B was not renewed for the past 4 years?
(ii) Does the H1b apply to new quota or is it just an extension?
(iii) Will the H1B application require a wait till next fiscal year?

3. Spouse name is misspelled on I-140 petition/approval copy. The name is accurate on I-485 receipt & EAD. Is any action required to correct the name on I-140? Will this cause any issues during I-1485 adjudication?

4. Is it safe to work on EAD with new employer by filing Supplement J? Is anything else required to be filed?

5. How to identify or calculate Standard Occupational Classification (SOC) code?

6. Any tentative idea about when the date would become current for Feb 2010 EB2?

Thank you.


New Member
Questions Regarding Admission Withdrawn & Immigration Applications(I-751,N-400)

Hi Rajiv Ji,

Thanks for doing this Community Conference Call .

1)A friend of mine was once Allowed to withdraw H1B Application(i.e voluntarily) i.e inadmissible as per Section 212(a)(7)(a)(i)(i)

followed by visa revoking with 22 CFR 41.122 , followed with Expedited Removal , 235 (b) (1) after Secondary Inspection at Port of Entry(POE) .
The Applicant didn't received any 3 /5 /10 ban to USA . After Secondary Inspection at POE ,the friend of mine had to wait at the Airport for the next available Flight to return back to the Home country .

Later on this guy successfully enters the USA on an IMMIGRANT VISA after marrying a US Citizen after disclosing whatever happened about the ADMISSION WITHDRAWN & was able to succesfully handle the Immigrant Visa Interview without any WAIVER(I-212,etc).

The friend of mine is currently in the process of filing I-751 & wants to do it on his own.

1) Since the Friend of Mine had to wait at the Airport after the Secondary Inspection , will that staying at the Airport be considered
as BEING DETAINED ( or Does DETENTION only happens if the person is HANDCUFFED)

2) How does the Applicant handle any future Immigration Applications like (I-751 , N400 , etc) with USCIS such as

"Have you ever been ARRESTED, DETAINED, CHARGED, INDICTED, FINED, OR IMPRISONED for breaking or violating any law or ordinance ?"

Does any of these Terms Apply to my friend.


OR Ever BEEN in "JAIL " or "PRISON"

Your Help is Greatly Appreciated.



New Member
Hello Sir,

Thanks a lot for your Services to the Community

I'm on H1b visa, planning to buy a home in Texas. My realtor would like to rebate part of his commission as I'm buying through real estate agent for first time.
Is it legal to accept money through check and a 1099 from realtor ?
I'm little worried because I'm on H1b and I'm supposed to be paid only by my employer who sponsored my h1b. Please correct me if I'm wrong.
If i accept money, does it impact my GC application in future ?



New Member
Hi Rajiv

This is regarding last time conference call follow up question for

Question regarding H1B, with I140 approved and Employer Layoff situation

My visa situation:

I have 140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work.

My question last time was

1) What steps i need to do , in order to legally stay in USA after lay off.

Your answer

I understood from your answer due to I-140 approved and more than 6 months, i have 60 day grace period and nothing works i can apply tourist visa to stay legally.

Follow up question - 1.

1)- Say for example after 90 days, i get a job and wants to file my H1B with new employer, At this time, i will not have latest pay slip for the last 2 months. How to justify this situation and still file my H1B transfer without latest payslip. Will there be any RFE if we file without pay-slip.


New Member
FAQ: I-485 applicant holding multiple jobs on EAD
Hello Rajivji,

In respect to the above, Case: I-485 pending since 4 years. Did not renew H1B as using EAD/AP.

Can a primary applicant on Green card have multiple jobs on EAD ? More than one W2's simultaneously.

Employer A (original) - Filed Green Card
Employer B (temporary) - New Employer
Work for both Employer A & Employer B.

Is it important to have a continued pay stub from Employer A (original company)? Can I work for Employer B for few months and then work back for Employer A? Will there be any problem during final Adjudication?

Thank you.
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