Recording available for Sept 11 Conference Call


Staff member
Recording is now available.


Conference Dial-in: : (202) 800-8395
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE:September 26, 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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Registered Users (C)
Form N-400:Disclosing association with groups, How to diclose traffic tickets ...

Dear Rajiv Khanna,
Thank you for your continued commitment and valuable service to all of us here.

I transcribed your answers to my questions (all related to N-400) in the last conference call at this link for any future readers!

I would appreciate if you could share your thoughts on few last minute items regarding filling up Form N-400 (application for Naturalization)

I apologize in advance for such verbose questions, edited it multiple times to make it as brief as possible.

Background for Question # 1. In original I-485 submission, answered "none" to the question "Have you ever been a member of or associated with any organization ...." because of misunderstanding. Later sent a one page amendment to USCIS service center with a list of organizations in the following format:

IEEE, Piscataway, NJ, USA, MM/DD/YYY-MM/DD/YYYY, Professional, Engineering
XYZ, San Jose, CA, USA, MM/DD/YYY-MM/DD/YYYY, Faith Based Community Center

No ideas if the amendment ever made it to my file but I do have the proof of mailing. In form N-400, there's a similar question Part 10. Additional Questions (Continued) Affiliations (8.b) but it asks just for the names of organizations unlike I-485 that asked for additioanl info [membership dates, location, nature of organization]:

Question # 1
Should I simply provide the IEEE and XYZ so it matches what was submitted as an amendment to I-485 five year ago? Note that nobody outside of the community members will guess what XYZ means or what might be the full name of the organization)

Which one of the following might be better to provide?

[XYZ] or [Full Name of XYZ] or [XYZ, Full Name of XYZ] or [XYZ, Full Name of XYZ, Faith based community center]

I'm thinking of consistency in names of the organizations provided to USCIS in previous filings and also if USCIS needs to check on any of them, they have the right organizations (AAA could mean American Automobile Association or Asian American Association).

At the same time, I don't want to attract undue attention by providing the full name for XYZ (it being faith based) if it's not needed. USCIS may look at it and might take it to mean that full name was not provided deliberately. Any negative consequences of doing so?

Please note none of those organization are outlawed, communist or on the known list of terrorist organizations or anything that may be considered a reason for denying the N-400 application.

In general, what kind of associations are supposed to be disclosed here? Place of worship, Athletic club, socities related to one's profession?

Question # 2.
How should one disclose the traffic tickets? For example I had two tickets, one for speeding and improper lane change and second for failure to present insurance, registration at the time (it was later dismissed at court).

In response to reason for citation, should one write "Cited - Traffic Violation" or "Traffic Citation" and is there any need to say "Traffic Citation - Speeding ticket" or "ticket because of failure to present registration"?

For the outcome of citation, should one enter (if first ticket was dismissed and second was paid ($75) following:

"Ticket dismissed", "Fine paid, less than $500"

Question # 3.
A previous employer (10 years ago) had my name("John Al Smith") on paystubs as "JohnAl Smith" and "John AlSmith" on the H1B approval notice.

For the purpose of "Other Names Used" on N-400, do I need to provide the variation in name on the paystub in addition to disclosing the name variation given in H1B petition? Or disclosing the name variation on H1B petition is sufficient.

Question # 4.
What if I miss something or fill up something incorrect inadvertantly on the form N-400 can it always be corrected before the naturalization interview starts? I can't think of what I might miss (of course I'm being paranoid now) but it's comforting to know if it's possible to change/update answers.

Best regards!
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H1-B Transfer & Green Card

Dear Mr. Rajiv,
Thank you for your great community service.

Background – Currently on H1b (h1b valid till Jan 2015), Green card applied in Eb2 (Masters in USA) with I-140 approved and priority date of April 2011. My 6th year of H1b will be ending by end of this month Sep 30th 2013. I am currently with an IT consulting company. My Client is offering a full time position where he agrees to do green card. However client’s immigration lawyer says we need to start the process again rather than picking up my current card process from I-140 approval stage.

Questions – Assuming, I accept offer from my client.

1. Would I be able to retain my priority date if client start’s the green card process from beginning meaning filing perm/Labor and then I-140?

2. How risky is to change the employer and filing new green card considering my 6 years are coming to end or would be completed by the time client starts the process?

3. Is it advisable to change employer at this time considering that filing new perm and I-140 would at least take year or more to get approved through client and during that time, if my priority date becomes current?

4. If the current immigration reform passes in near future with Merit Based system, would I be eligible to apply for green card regardless of what stage my green card is at that time?

Thank you again and appreciate your time.

L2 and E3

Hello Rajivji,

Thanks for providing support to community.


My COB is India but I am an Australian citizen with E3 visa. I have approved I-140 through my employer. My current E3 is expiring in a months time and my employer is now ready to file extension after his research. The delay was caused because it was felt by them that E3 will not be approved because of I-140 approval.
My husband has L1A visa and I have applied L2 visa as dependent few days back. My husband's company is also filing EB1 (I-140 and 485 concurrently) next week.

My questions

- Do you think it is good idea to apply E3 visa as well.

- If in case L2 comes first and somehow E3 gets denied (coz approved I-140) what status will I have.

- Also as I can stay legally in US while L2 visa decision is pending, so how I can get driver license extended even on temporary basis (CA driver license) until the decision is made on my application

- I will apply EAD (next week), once have L2 receipt #, do you think is there any issue applying EAD with L2 receipt # (pending L2 approval), want to minimize work gap so trying to gain some time

- My son is turning 21 on 22nd Oct. So wondering once 485 is applied next week , will he be safe and not age out given that EB1 category is current. As there is no Premium processing available for eb1c.

Could you please let me know your thoughts. Appreciate your advice on above questions.
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Question about my wife petioning her family from the Philippines

Dear Mr. Rajiv,

I am a US Citizen by birth and my wife (born in the Philippines) just became a Naturalized US Citizen. We both currently live in Hawaii. She has a Mother, Stepfather, 2 brothers and 4 sisters still in the Philippines. Only 1 brother and 1 sister are still under 21 and the rest are older than 21 or married with kids. My questions pertain to the younger brother and sister only, for now, because we already know that petitioning her older siblings directly will take half a lifetime.

I have read on various forums (not your website) posts containing some contradicting information, thus I am asking here to help clarify. Now that my wife is a US Citizen, she knows she can petition her mother right away. I saw on one immigration website that stated, in order to get siblings here from the Philippines sooner, the parent that gets petitioned can bring her children (under 21 and unmarried) with her when she comes. If this is the case then that would be great; but on another website, it stated the parent can come but NOT the children, and that the mother would have to petition them AFTER she gets a green card (and this can take 5 years or more).

Which statement is true and any amplifying information assisting with this process would help. My wife really wants her youngest sister to come more than anything so she can go to school here and graduate here but if the wait is 5 years or more than it would be too late. Thanks for any help you can give.
I-140 , H1B transfer

Hi Rajiv,

I am currently having H1b visa 4 year and have an approved I-140 with the priority date of March 2012 in EB2.

I planning to change the job to Full time with a client for visa stamping and job security purpose.

My questions are

1) what will my current employer have to do to keep the current I-140 active without revoking ..i asked my current employer (consultancy) and they said he need to show my prevailing wage(PWD) amount as profit and has to pay 22% tax for that amount each year which costs him if i move out of company ,he says for the current employee who is on payroll does not need to show that as profit is that true?

2) if my current employer agrees to keep the current I-140 active and the client also applies for GC.. can i use the old PD from approved one and still keep both the old and new I-140's active with same PD?

3) can i have both H1b's active with client and consultancy (only doing part-time and weekend work with consultancy) .

4) do you see anytime soon that the PD's moving soon or when can i expect PD march 2012 be current( just wanted to get your insights with all the stuff going on with immigration.)

Please suggest

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Registered Users (C)
K-3 visa

What is the process for getting a K-3 visa. Spouse in India. I am here in US waiting for the n-400 application to go through. Will it be advisable to apply for I-130 now or wait for the citizenship to come through and then apply.
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New Member
EB-2 GC process and H1-B extentions

Respected Mr. Rajeev,
Hats-Off to you!! for your commitment and support. It really has and will continually bring smiles back on numerous faces all around the globe.

My Priority date is Nov-2009 under EB-2. I have an approved I-140 from my previous Employer in Oct-2010. I resigned from that Employer and joined my current Employer (from Nov-2010) based on the Company & lawyer's 100% assurance that my case will be re-filed from current Employer under EB2 and priority date will be re-captured.

My Education is from India-
- Current Designation: Sr. Database Administrator (DBA - IT field)
- B.Tech (Bachelor's in Mechanical Engg. with Specialization in Manufacturing Engg.) in 1997
- MBA (Masters in Business administration - thro' distance Education)-This we’re not counting even.
- Computer Courses and certifications in Oracle in 2002 (my current field).
- 15 years of Progressive experience in IT right from the date of graduation (although I have formal Mechanical degree).
- out of which ~9 years IT experience in U.S. &
- ~6 years IT experience in U.S. before joining current Employer in 2010.

As committed, my company's lawyer was about to file EB-2 PERM, even the advertisement was finalized 6Mon ago, but all of a sudden, shockingly, lawyer is saying that we will file under EB-3 due to some immigration law changes since you don’t have formal education in IT.

- Has any law/policy changed in last 3 years that even if you have required 5 years of progressive IT experience, you will get rejected based on the reason of formal education? As I understand, USCIS weighs the Bachelor’s degree or its equivalent, the same + 5 years of total progressive experience.

- Even if the law has changed a bit, I think we should go for EB-2? The positive is- I already have approved PERM and I-140 even with less experience of 2.5 years.

- If I have approved I-140 from previous Employer, I will be entitled to get *infinite* years of H1-B extentions, even if you have changed Employer? And PERM has *not* been filed afresh from the current Employer yet. (My current H1B term is expiring in Oct,2013. Employer is filing H1B extention next week, LCA already filed)

- Can an approved I-140 be revoked if you leave the Employer? How it can impact me since PERM has *not* been filed by my current Employer yet.

PLEASE advice me and HELP ME !!!.....This will be a huge difference as EB-2 priority date could become current anytime now while EB-3 could take 10 years. (I have already lost the chance when EB2 priority date got current in 2012)

Sincere Regards,


Registered Users (C)
Hello Rajiv,

Thank you for your time and consideration.

In 2008, Employer A1 filed for an H1B for me which was approved after a lottery and was valid until Sep-2011, but I did not get it stamped or use it.

Later, in 2010, Employer B2 filed for an L1 and I have been working on it since. Recently, I also received an L1 extension. Employer B2 does not intend to proceed with my GC application.

Now, I have a job offer from another Employer C3, who is willing to do both my H1B and GC. I understand that my new employer C3 can file for a Quota Exempt H1B referring to my old H1 (the one which was approved in 2008) since 6 years have not passed since I was counted in the H1B quota

My questions is as under -

Till when can the H1B transfer be done -

1) October 1, 2014 (6 years from H1B start date)
2) April 1, 2014 (6 years from April 1, 2008 Visa processing start date)
3) September 14, 2014? (6 years from Visa approval date)

Thanks & Regards.
L1A to H1B transfer on exempt quota

Dear Rajiv,
Thanks for providing the service to the community& I do appreciate your voluntary efforts to support people like us.

I would like to have your opinion on my L1 to H1 transfer
1. Working in US with company "A" on L1A since Aug 2012 & L1 valid till Aug 2015. Got L1A in Aug 2012
2. Prior to this i got an H1B visa from company "B" in Nov 2011 and got it stamped from US embassy in Delhi on my passport on 3rd May 2012 valid till 31stOct 2013, but i didn't use it as i didn't join company B.
3. Cancelled stamp was put on H1B (which is valid till 31Oct2013), when i received L1A on 24th Aug 2013 & i entered USA on L1A and joined company "A"
4. Now i am in the process of getting an offer from company "C" by 1st week of Nov 2013, and they want me to join by 1st week of Dec 2013.

Considering the above facts, i would like to know from your stand point, what will be the best & the fastest option for the new employer "C" to process my visa & subsequently green card, so that i can join employer "C" in Dec of 2013
1. Can employer C transfer my existing L1A to H1B under exempt quota of employer B rightaway (say in 1st week of Nov2013)?
2. Can employer C transfer my existing H1B visa from employer B(which i did not join) under exempt quota valid till 31Oct2013(but "Cancelled" stamp was put on my passport on H1B visa as i entered on L1A)?
3. Can employer C immediately file I-485 under EB1(as i am on L1A from employer A) for processing my GC & then can i join employer "C" after getting EAD, but i am not sure on this? what will be the timeline for this option, if feasible?
4. Is their any other faster or convenient option as per you to get H1B visa & subsequently GC considering my current situation?

Note: My current employer "A" from whom i have L1A is not willing to start my GC process, as my project will end in Dec 2013

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Filing I-130 and I-485

Mr. Rajiv,

This is my first time here and I want to say thank you for all you are doing for each and one of us here. It is very much appreciated.

Here is a little background on my case.

I am an American Citizen and I just recently Married a Canadian Citizen. We got married on July 2013 in Mississauga Ontario and after we got married my wife crossed the border by land with her Canadian passport. (she was not given i-94 or stamp of entry).

At the border the patrol officer asked her why she is visiting and she stated she is going to visit nothing else was asked from her they scanned her passport and let her go through.

Our original plan was for her to come visit while I get the I-30 processed. However after getting some advice from a non profit organization they gave me the idea to file for an I-485 AOS.


1: Is this something that can be done?

2: Will there be problems because I do not have an I-94 form due to the fact she is Canadian?

3: What can we do to make sure this is the right legal way of filing?

Thank you and hopefully you will be able to get to these questions!


Registered Users (C)
Job change during GC

Dear Mr. Khanna

Thank you much for your community service. This have been very helpful for me and I am sure many others.

My EB2-India is now current and I am expecting my GC any time now. Meanwhile, I am close to getting a new job offer which falls under same or similar classification. I have two questions --

1) If I get the job offer before my 485 is approved and I join after approval of 485 , will it cause any negative impact during naturalization

2) If I get job offer after 485 is approved (as seen in CIS status) but before I receive the physical Green Card, will it cause any negative impact during naturalization

Asking this question since I understand I cannot change my current job for at least 6 months once GC is approved.

Best Regards

PS: I posted this question earlier but looks like it got deleted. Kindly ignore if it causes double posting
H1B extension and PERM

Dear Mr. Rajiv,
Thanks for your free and wonderful community service.

My wife's PERM petition was filed 1.5 years ago. An audit came around 7-8 months back and our attorney responded to it. In the meantime, we filed her H1B extension because she will be completing her 6 years of H1B on 9/11/13. Just last week employer got a denial notice from DOL due to problem with job advertisement and it was communicated to us today (9/11/13). We haven't heard anything about H1B extension yet.
Our attorney suggested appealing to buy time and keep PERM application active. This will allow time to get H1B extension approved for 1 year. As per the attorney, decision on appeal might take 1-2 years.

My questions are:
1. Is my wife out of status beginning 9/12/13?
2. What are her options? Appeal or ask for time extension based on time spent out of country?
3. Could you help us take care of this situation?

Seems like we have very less time to make the right decision therefore your expertise and advise is really important.

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petitioner dies after I-130 approved

My father filed an I-130 for me (Canadian, over 21)

When I notified to the NVC, they then sent the following email:

This petition is currently undergoing necessary administrative processing. You will be notified with further instructions when the processing is complete. Please forward your request concerning a substitute sponsorship or humanitarian reinstatement to the Department of Homeland Security's Office of U.S. Citizenship and Immigration Services (USCIS). USCIS advises that in order to pursue consideration for substitute sponsorship or humanitarian reinstatement of a visa petition, you must submit the following to USCIS:

1. n/a
2. Sufficient documentation to identify and substantiate the humanitarian reason for reinstatement. (e.g. evidence of a long time residence and any equity in the United States, evidence of health related factors that would establish the need for the reinstatement of the petition, etc.);
3. An Affidavit of Support (Form I-864) from the substitute sponsor, containing an original signature of the sponsor. The substitute sponsor must be an immediate family member or a legal guardian of the beneficiary, such as a: (they listed the family members).
4. Evidence to establish the substitute sponsor's immigration status or U.S. citizenship;
5. The petitioner's death certificate (if the petitioner died outside of the United States, you must establish that it was not the petitioner's intent to abandon his/her lawful permanent resident status);
6. Evidence of the relationship between the new sponsor and the beneficiary.

I want to apply for humanitarian reinstatement. However, my biggest issue is with #3. I don't have
qualifying relatives such as sibling, or mother-in-law. I have aunts, and cousins etc but they are not
on the list. I do have a step-grandmother who married my grandfather (deceased), but here, I don't
have a birth certificate to prove any relationship. What do I do now after 6 years of waiting? If
humanitarian reinstatement fails, can I change direction and apply under the E visa as an entrepreneur?
I am a freelancer?

I appreciate your help


Registered Users (C)
Moving to another employer post I-140 approval+++++++++++++++++++++++++++++++++
Dear Rajiv,
I was working in the US for employer X from May 2011 to Jan 2012. I came for visa stamping to India in Feb 12 and H1 visa was in 221g. In Aug 2012, my I-140 has been approved with employer X. After 16 months, I recieved my visa but meanwhile started working for MNC Y in India. MNC Y is willing to transfer my visa and transfer me to the US. Now I am confused about the GC process with employer X. Please help me with the following

1. Can I work for MNC Y in US and still continue the GC process with employer X. MY PD is Sep 27, 2010 and easily may take another 1 to 2 years to get current.
2. If I continue working with MNC Y, at what stage do I have to start re-working with employer X so that my GC chances are not hampered.
3. Is it possible to file I-1485 with employer X while still working for MNC Y on H1 and use AC21 to continue working with MNC Y once EAD is recieved.
4. Is it straight forward to get back to US with emplyer X and remain with them until EAD.

Thank you for your time.


New Member
I-140 revocation

Respected Mr. Rajeev,

Can my current Company's lawyer is able to check if my previous I-140 (from previous Employer) has been revoked or withdrawn or not yet?

If in my credential evaluation from US company, the date of diploma award has been mentioned rather than actual completion (which is an year difference), is it advisable to ask evaluation company to correct it?

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