Recording available for November 7 Conference Call

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Staff member

Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: November 21, 2013

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 wanna become a US citizenship I pleaded guilty to a crime

I pleaded guilty for domestic violence 6 years ago and I want to apply for US citizenship, someone that can help me with an answer about my situation.. Some people told that Im gonna be rejected because I pleaded guilty in this case...
Immigrant visa application was denied under Section 212(a)(4) of the Immigration and Nationality Act

My son's immigrant visa application was denied under Section 212(a)(4) of the Immigration and
Nationality Act (INA) and the part "no waiver is available for the ground" was checked.
How can I overcome the denial?

Before the denial under section 212(a)(4) he was denied under section 221(g). The embassy wanted me to establish a domicile in the USA in order to give him a visa.
1) I live at my daughter's house (so my daughter wrote a letter explaining that I live at her house)
2) I have a job (I've send copies of my checks and letter from my employer to the embassy)
3) I have a bank account in the USA (I've send copies of my statements)
4) I sold the house in Albania ( I've send a copy of the papers to the embassy)
And they denied the visa under section 212(a)(4).

It's been almost 10 months now since January 10th, the interview date.
I'm moving to another apartment and I'm going to send a copy of my lease but I'm not sure if this will be what they want. And I'm afraid a year will pass and they will close my son's case,

Can you please tell me what I can do to overcome this denial and bring my son in the USA?
Thank you so much!
Best regards,
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H1B recapture procedure

What is the procedure to recapture H1B time out of country? The H1-b is expiring on Nov.15th along with the LCA and I-94. Can it be filed on the old LCA? Do i need a new LCA? What are the fees for the application?


Registered Users (C)
Dear Sir,
Please advice me on a possible way of solution for my daughter's I130 Approved petition.

Priority date Feb 2011
Approval date after two months

visa became current on June 2013 (when she is already 21.4 months years old. So because she aged out, her category got changed on Feb 2013 before her visa became current.

Meanwhile we have submitted to NVC the neccessary documents during 2012 and paid all fees. Also DS230.


so, can I try and ask for action even though we have received this category change before her visa became current, when she aged out?

Thanks a lot for your advice.


Registered Users (C)
Dear Mr. Khanna,

I have spoken to you before regarding my I-130 application as my wife has a Green card. It has finally gotten approved. :)

I was a student at TVU for 3 semesters before it closed down. No officials have gotten in touch with me regarding that case since its closure. My TVU visa was then cancelled after i applied for another university (Rejected visa). I then entered to the US once on my old B1/B2 visa without any problem. On my second trip to the US on my B1/B2, i was kept at the POE and then sent back to my home country with a 'Withdrawn' stamped on my passport.

I just wanted to ask you what i would say if I was asked any questions during the interview in my home country.
How should i prepare for the interview for anything relating to TVU.

Thank you very much.
H1 and EAD at the same time. Which one to choose?


On 2007, I came to US(1st time) in L1 and worked for 6 months (on that time I got SSN).

Then 2008, I went to India and got married and entered USA(2nd time) on H4 visa.

Now 2013, I applied for H1 thro a consultant and got it and its valid till OCT 2016.

From OCT 1st I am looking for job but still I didn't get it.

But to my surprise we (my husband and me) got EAD card last week which is valid till 2014.

My questions are,

1) If I search through my consultant its 70:30 on my hourly pay and also he did not have clients in California, so he is asking me to move to east coast.

Now can I search a job with my EAD?

2) I signed a contract for 12 months with my consultant and If I need to break it then I need to pay $5000.
Can I break the bond? Will there be any legal issues?

3) Will my H1 got invalid If I start working using my EAD?

Please answer.
Naturalization question due to divorce

Hello sir,
I am on GC since 3 years, it is unfortunate that my wife left me back to India 2 years back and I have applied for divorce after 2 years.
Unfortunately my wife has become greedy now and now she is demanding alimony, and she has filed a dowry harassment case as it is easy for her for money extortion.
My question is, does this cause any issue during my naturalization process, as she has filed for false dowry harassment case in India ? Please advise?



Registered Users (C)
My sister-in-law had a test and interview on October 8, 2013 in Chicago. She passed the test. During the interview, the interviewer asked her for dates and all other details of all her trips outside the US during the previous 5 years (absences) as she had indicated on her application. She did not remember the details. He said that she failed to meet the requirements as she did not know what she had written on her application! He told her she has one more opportunity and was put back in the processing queue. Is this legal? Can an interviewing officer ask an applicant for every detail of their trips (absences?) and fail them in the interview for this reason? Will her next interview be unbiased and will her Oath date be based on the October 8, 2013 interview date? Will she be required to take the test again or will it be an interview only?

Satish Agarwal
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GC process under EB2

Hi Rajiv,

I wanted to apply for green card under EB2. I just got my H1B through firm.

My educational background:
1. Bachelor degree of commerce from India (13 years of education 10+2+3 like most Indians) - Passed in March 2000
2. Cost accountant from ICWAI - Passed in Mar 2005
3. Chartered Accountant - Passed in July 2005.

Work experience: Total 13 years of experience including 3 years of article-ship with particing chartered accountant. break up details as below.
1. 3 years of Article-ship experience as part of ICAI curriculum.
2. 2 years of audit experience with audit firm Oct 2003 to Sep 2005.
3. 8 Months SAP accounting experience sep 2005 to May 2005.
4. 7.5 of years of SAP Functional consultant experience

we have done educational evaluation with AACRAO and their evaluation shows that they considered my 3 years degree as 3 years, CA for 2 years and CWA for 2 years.

They have also added the below comment:

The applicant received a bachelor degree of commerce from Nagarjuna university. This 3 year program is comparable to 3 years of study at a regionally accredited college or university in the united states.

The applicant also passes the Intermediate and final examination of the institute of cost and works accountants of India and the institute of chartered accountants of India. passing each set of examination is comparable to completion of a bachelor's degree at a regionally accredited college or university.

Can you please let me know what are my chances under EB2? I am asking this because I have seen some post in net that they got rejected when they are CA or CWA under EB2.

Got Notification for Supervised Recruitment

Hello Rajeev Sir,

I have got Notification for Supervised Recruitment for my PERM after 1 and half years of total processing and now I have just 1 year left in 7th year H1-B. I am not sure what to do now ?

Here is my case, would really appreciate if I could get your inputs

I am working as an IT employee for European Investment Bank in New York.
H1-B over 6 years ( Recapture Days + 7th year approved / stamped H1-B visa till Jan 17 2015).
PERM was applied last year in Sep ‘12, got first audit and replied in Jan ’13.
On 29 Oct ’13, I get notification for Supervised Recruitment – Lawyers say that process is going to take minimum 1.5 years with 10-20% approval

What are my options ?

1. Continue with current employer with supervised recruitment and apply for PERM with some consultant without joining them for Future Employment. Join the consultant if it gets approved PERM or if possible approved I-140 ? By that time almost one year would have passed, can I still get H1-B transfer with approved labor?
2. Join new employer and restart whole GC process – would I get H1-B transfer till Jan 2015 ? and if I get it and I have only 1 year left, would I get extension on H1-B if PERM gets delayed there as well ?

Any other options you suggest ?

Thanks and Regards
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Pending J1 HRR waiver, and then got married to a citizen

Hello Attorney Khanna,

my case is very peculiar, I came into the US on a J1-Visa and i am subject to the HRR even though I am not supposed to, neither my home country nor the US has any sponsorship on my visa.

my DS-2019 expired on Oct 1st 2013, but before that, I had applied to have my HRR waived and the reason I gave was that so I could get my masters before returning home.
the government shutdown however affected my case and my case is still pending because my no objection statement was just received even though it was sent since August.

In a turn of events, my boyfriend (now husband) proposed and we got married. and we are thinking of me applying for a green card instead of changing my status to F1 since i will be able to work and have other benefits. my main question is i know I need the HRR waiver, but since my statement of reason was to have it for my masters which I am still going to attend next Spring, can I use that same Waiver to apply for my GC I.E I-485 AND I-130? Please help we are very confused. thanks alot.


Registered Users (C)
PERM Wage after GC

Hello Rajivji,
Employer A sponsored the GC - Prevailing wage as per PERM was 100k. Filed AC21 - based on offer letter from Employer B.Now the GC has been approved.Still continuing to work for Employer A until Employer B is ready to get me onboard. But the base salary paid by Employer A is 15k less than the prevailing wage mentioned in the PERM.

1) Can the Bonus(which is based on the number of hours worked/month ) and paid on a monthly basis be included & considered as part of the Prevailing wage ?

2) If bonus cannot be included as part of the prevailing wage and if the Employer A is not ready to increase the salary to the prevailing wage and If I continue to work for them will it cause any problems for me during naturalisation ?

3) Is it OK to continue working for Employer A though AC21 has been filed for Employer B?

Thank you very much.
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New Member
Applying for Citizenship, have sealed Juvenile Convictions (misdemeanor of shoplifting)

Hello I am applying for citizenship and am unsure about how I would fill out Part 10. section D. of the N-400 application. Under Good Moral Character it asks:

15. Have you ever committed a crime or offense for which you were not arrested?
16. Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
17. Have you ever been charged with committing any crime or offense?
18. Have you ever been convicted of a crime or offense?
19. Have you ever been placed in an alternative sentencing or rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
20. Have you ever received a suspended sentence, been placed on probation, or been paroled?
21. Have you ever been in jail or prison?

If you have answered "Yes" to any of the Questions 15 through 21, complete the following table.

Why were you arrested, cited, detained, or charged?
Date arrested, cited, detained, or charged?
Where were you arrested, cited detained or charged?
Outcome or disposition or the arrest, citation, detention, or charge (no charges filed, charges dismissed, jail, probation, etc)

This is the only crime/offense I have ever committed (except minor traffic violations). I was 16, I shoplifted from a store. I was never handcuffed, but my picture was taken in the store and I appeared in front of a a judge in a juvenile court. I had to do community service at a library and my file was sealed. How do I go about answering these questions? I want to be forthright, and answer the questions properly.

Thank you so much for your time.
Change of Employer after I 140 appoved ( not working at present)

I have completed 6 yrs on my H1 visa (my labor certificate got approved on my last day of H1 through Company A).
Since I cannot work after expiry of H1 visa, I decided to go on H4 visa and went for H4 visa stamping in India.
In the mean time my Company A had applied for I140 and it was approved last week.
Can I look for a different employer now and get my H1 filed through Company B although I am not working at present?
Do they need to start GC process all over? What will happen to my priority date with Company A?

Appreciate your response soon.


Registered Users (C)
I 140 Date not ported by the New Employer

Hello Rajiv,

Thank you sir for your kind community services.

Here is my question, I have my previous I 140 in EB3 got Approved from old employer and the PD is Dec 7 2009 and my new employer applied GC in EB2 and my I 140 Got approved and I 140 date was not ported to my New I 140. The new PD is Jan 24 2013, So will i loose my Priority date or if my date is current how should i proceed.

Please let me know do i need to do some thing else to get my old priority date or will i loose my PD.



Registered Users (C)
Hello Rajiv Sir,

I jsut received my US citizenship and I am planning to submit I-130 for my wife who is in India. She was on L1-B visa till last year for which the extension got denied and she left for India. After submitting the I-130 I am planning to get her a K-3 visa for her to travel. The questions I have are:

1) Is this the right and fastest way for her to come to US or any other option exists?
2) Once she is here in US, do I need to wait for I-130 to be approved or I can file I-485 as soon as she is here?
3) Do you get work authorization on K-3 visa?

Also if you have any insight on the duration it will take for her to get the K-3 visa, it will be very helpful.

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