Recording Available, January 11, 2018 Community Conference Call with Attorney Rajiv S. Khanna

Not open for further replies.


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: January 25, 2018
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.
Last edited:


Team Member, Immigration.Com
Staff member
Question from our Community Member:

My question relates to DOL wages for LCA. In general, an employer obtains DOL LCA certification at the time of petitioning a H1b, which is valid for 03years in most cases. The system does not force them to check the prevailing wages until they apply for an extension. However, DOL updates the wages every year. Technically, USCIS requires the foreign worker to be paid at least the prevailing wage but does not reference any update frequency. So, if the DOL wage increases after the LCA certification, is/are the employer or the employee or both under violation of USCIS regulations?

Thank you
Amit Ranjan


New Member
Dear Rajiv Ji,
Thanks a lot for your Services to the Community.
Please see this Scenario and provide your valuable guidance

1. Candidate is in H1B Visa in USA for 7 Years
2. He got his I 140 from Employer A
3. At 8th Year he gets his Compelling Circumstances EAD due to his Medical Condition which exists to him for Life
4. At 9th, 10th, 11th, 12th, 13th, 14th, 15th Year he gets his Compelling Circumstances EAD due to his Medical Condition which exists to him for Life
5. At 16th Year he no longer able's to extend his Compelling Circumstances EAD due to his Priority Date becoming Current
6. He Exits USA

Now Question is:

1. Can he Come back to USA on a New H1B Visa only through Employer A?
2. Or can he come back to USA on a New H1B Visa through any other Employer

Is the I 140 from Employer A Useful?



New Member
Dear Rajiv Ji,
Thanks a lot for your support to all of us.
Here are my details.
1. Completed 6 years on H1B.
2. Have approved I-140 (more then 180 days) - EB2 category- wait time 8-10 years minimum.
Question :
I want to QUIT the company,Go back to India for 3-5 years and and come back again to US with different company.
In this case is there any consular processing required to get the visa and H1B petition as everything will be expired ?
What are the steps will be required by new company and me to get Visa and H1B again as i will be in india?


New Member
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working
Hello Rajiv,

Happy New Year! Wish you and your family a wonderful healthy 2018!

Question: While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?

Appreciate your help & guidance. Thank you!
Last edited by a moderator:


New Member
FAQ: H-4 EAD rules change and H-1B extensions rules change

Hello Rajivji,

I am on h1 and my wife is on h4ead. Recently I have heard a lot about revocation of h4ead rule. I know that this is yet to be finalized and nothing concrete. What I would like to know is if everything goes on time for this rule then approximate how much time we have before this becomes law?

Below is details on the same law.

RIN: 1615-AC15
Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authori

While I was going through the site I found below rule and would like to know more about this.

RIN: 1615-AC13
Strengthening the H-1B Nonimmigrant Visa Classification Program

-----------------------------------------From DeepImpact--------------------------------
Hi Rajiv Ji,

Happy New Year!!!

I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away.

1. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back.

2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?

3. Can company file GC for me now and apply H1B in April 2018 and I can use that H1B when my I-140 approved?

4. If my I-140 approved, can I get H1B without subject to lottery? I was always on L1A, never worked on H1B.

Thank you Rajiv ji,
-------------------------Question from Kumar-----------------------------

As DHS has put agenda on their site as

"Strengthening the H-1B Nonimmigrant Visa Classification Program"

which says to

"Revise the definition of employment and employer-employee relationship to help better protect U.S. workers and wages".

What is your interpretation of employer-employee relationship?
Last edited by a moderator:

Dan Romcebo

New Member
We sent the Application for I-485 but when we check the status of the application online all you see is this...

On September 29, 2017, we mailed a request for initial evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number xxxxxxxxxxxx. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for evidence by October 29, 2017, please go to USCIS web and inquiry about a notice that you did not receive.

We went to the USCIS Office in our city but they told us they cant do anything all the see on the computer is that they need a birth certificate translated so we sent one original and the translated once attached with it.
it has been almost 3 months and we have no answers from USCIS, we also did 4 inquiry about a notice that we did not receive but no luck. Let me know if anyone is experience the same problem.

Thank you

April Wilson

New Member
FAQ: Change in job title after getting a green card approval
Hi Rajivji

Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponcering employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter.

My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?

Thank you very much for your time.
Last edited by a moderator:

Shobit Joshi

New Member
Hi RajivJi,

I have a question regarding COS from H1B to H4. My wife's situation is a little complex.

She is on H1B . Her older petition expired on Dec 13th(Completed her 6 years on H1B). Her company filed for extension(based on approved I140) but got an RFE. They are in the process of responding to RFE . In the mean time she might get fired soon as well.

Can she file for COS from H1B to H4 when she is in the 240 day period of protective employment authorization based on her pending H-1B extension petition.
What options do we have as somewhere i read "USCIS has recently declined to approve change of status request and extensions of stay for H-1B workers in the 240 day period because USCIS has taken the position that the 240 day period is a protective period of work authorization and not a nonimmigrant status eligible for a change of status or extension of stay."

If this is true what options do i have? Do we have to travel to india for her to go on H4. Will she be out of status the day she gets fired. Does she need to leave on the same/next day itself.



New Member
FAQ: Transferring H-1B while an RFE is pending
Hi Rajiv Ji,

I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my h1. My questions are :
1) is it possible to transfer h1 during RFE?
2) if h1b reject what are my options?

Last edited by a moderator:

April Wilson

New Member
Hi Rajiv ji,

My sister filed for H1b extension before expiration of current H1b (her 6 year H1b expired on june 2016, Valid EAD from oct 2016 to from oct 2017) while her extension was pending she left US and went to canada for family reason in Feb 2017. While extension was still pending her employer withdrawn her H1b on Nov 2017 (didn’t sought for retroactive withdrawal ) .

Is she out of status/ unauthorized stay from June 2016 to the date she left US on Feb 2017?

( her H1b was not denied, employer withdrew it after getting RFE also it was pending for long time and anyway she already left US and was not working for the employer at the time of withdrawal)

Thank you very much.


New Member
Dear Rajiv sir,

I had previously sought your advice on F1 visa. Unfortunately i had 3 F1 visa rejections since august.

Now i am thinking of migrating to the united states on EB5 visa , I need your guidance on the same.
Please let me know if according to you filing an EB5 will do more harm than good now or vice-versa. Reason for 3 F1 rejections were 214b , also i have a Revoked (Cancelled without prejudice) b1/b2 visa.

Also i have a couple of questions for the EB5 visa:
1. While in process of EB5 visa if i get married, can i add my wife's name in the file for EB5?

2. In approximately how much time can the EB5 application gets processed?
Also i have heard of the trump administration revoking the EB5 (or amending new criteria on EB5).

Also sir if you can suggest me any EB5 lawyer/agent in India ,i would be grateful.

please guide me on the same .

Thank You
Akash Patel
Last edited:


New Member
I'm Chris Martin 2018 dv selectee with case number f31xxx submitted my DS 260 form in July 30 2017 but I haven't receive my schedule for interview can you give me some information on I will be scheduled


New Member
Dear Rajiv Sir,
My wife had H1B from 2007 quota, her last H1B was valid from 08/08/2010 to 10/27/2012.
We have converted her status from H1B to H4 in Jul 2012, H4 was valid to Jan 2013 and moved out of US in Dec 2012.
Her overall H1B was used only 3 years out of 6 years. Now she got H4 from my second H1B.

Is it possible to convert her from H4 to H1B using her previous H1B petition (cap exempt) for remaining 3 years?

Please advice on this and thanks in advance!!



New Member
FAQ: How to find an accredited university to get Master’s degree to process an EB-2 green card
Dear Rajiv Ji,
In you previous Conference Calls you did mention that you did post videos on USCIS accredited Universities in USA.

If a person is doing an MS or MBA in US he/she needs to do it from those accredited universities inorder for the educational evaluation to be done to achieve EB2 Status.

Right now I have a 3 years of Bachelors degree from India and do not qualify for EB2 and I am in EB3. I wanted to do an MS or MBA in USA.

But I do not know which university to choose from. I want to make sure the university I study is accredited by USCIS.

Can you please provide the link of the video you posted earlier about the same. I cannot find it in your website

Please advise

Kind Regards
Jai Vijay
Last edited by a moderator:


Registered Users (C)
Happy new year Rajiv Ji,

Is there a new rule coming/proposed that would prevent people from extending h1b status beyond 6 years?, or they deport after 6 years.. ? how about if the person more than 6 years.. Please clarify

Thank you


Question 1:

I had one arrest for 20 minutes and court dismissed the case and issued the expunge order. all the government office and site removed my information.

I found same information on different web sites, I sent expunge order to those website and asked them to remove my information but they asked me money and I paid $400 to remove my information and that time they removed my arrest information.

Now after 2 year they again reposted same information, i contacted them again and they are claiming that new web site is not under them and other web site is asking $700 money to remove my information from there site. this looks like life time black mail.

Even if I will pay $700 not then also no guarantee that they will not sale data to other web site or they will not re-post it again.

Q1. Why they are not respecting court expunge order ?

Q2. I contacted local policy but they are not able to help me and they asked me to contact attorney, please let me know what should I do to remove my information ? What is permanent solution ?

Question 2:

H-1B visa rules: Trump admin considers tweak that may lead to mass deportation of Indians

What do you think about above news, will this be implemented by government ? What will be impact on us and what will solution ?
Last edited:


New Member
Dear Rajiv,
Would really appreciate your clarifications regarding the following questions.
My H1B petition was approved on Dec 18,2017. I have a valid h1b visa stamp in my passport valid until July 2019 from a previous job.

I work for a consulting company and my client terminated the project in Jan 2018.
1) If I get married in Feb 2018, and my then wife needs a H4 visa, do you foresee any potential issues in getting a H4 visa stamp for her in the US consulate in India?

2) My understanding is that I do not need to get a new H1B visa stamp due to change in Job to the new employer. is this correct?

3)Since I would be getting married in India in Feb 2018, I am thinking of coming back to the US on visitor visa and find a different job. After I find a job and new employer files for H1B petition, would I need a H1B visa stamp for that new employer, given the fact that I have a H1B visa stamp valid until July 2019? Do you foresee any other potential issues?

Thanks a lot.
Not open for further replies.