Recording Available, January 25, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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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: February 08, 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.
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New Member

In Green Card Labor application, My place of birth is entered wrong place. (Instead of Madurai, it is entered as Chennai). How to resolve it?
Do we need to file a amendment?
or do i need to wait till 485?
or do i need to start a new Green card application.



New Member
Hi Khanna ji,
I am an Indian passport holder.
I did my undergrad from USA, graduated in 2006.
- 2006-2007 - OPT work
- 2007 - 2013 - H1b visa work
- 2014 - present - on CPT, and also working full time.
- The above gives me around 10 years of work experience in STEM field.

My current company filed for my GC this November 2017, in EB2. As my place of birth is in a Northern African country (libya), I am thinking my status for EB2 is current.

Few questions:
Basically, I want to know next steps when my 9089 comes back:

1) When my 9089 comes back, can I file for my i-140 and 485 in premium processing together?
2) Based on the above scenario, will I get my green card almost immediately, or I'll have to spend some approx 6 months on EAD before I get my green card?
3) If I file for i-140 and 485, can I leave the country, or do I need to stay in USA?

Thank you


New Member
Dear Sir,

My SSN denied with reason 'DHS is unable to verify the immigration document as evidence of lawful status'. My Visa and I94 both got expired on 31st Dec. But Visa Extension (regular mode) applied in US by my employer on 8th Jan.
Am I illegally staying US? if So, how many days I can stay in?
In case Visa got rejected, what are the next steps?


Registered Users (C)
Rajiv Ji,

I received my green card in June 2015 and I have a re-entry permit which will expire in Feb 2019.

My fiance is in India and recently received B1/B2 Tourist visa.

Question regarding Continuous residency requirements for US citizenship.

1) To apply for US citizenship, I should live in the US under permanent residency status right for atleast 4.5 years right?

2) If I go to India, work and live in India for next 2-3 years, get married and apply my wife green card (F2A) and then come to the US with my wife.

3) Before I left to India, I would have completed around 2.5 years living in the US with green card status.

4) When I come back to US, will previous 2.5 years of my stay in the US as a GC holder stay active and live another 2.5 years and become eligible to apply for US citizen or counter resets and I have live another 5 years from start before I am eligible to apply for US citizenship?

5) From Form M-480 (Naturalization Eligibility Worksheet Instructions) page 4, Attachment C, suggests that filing “Application to Preserve Residence for Naturalization purposes” (Form N-470), if I permananent residence has taken trip out of united states that lasted for one year or more.

I work for a US based company.
From Form "N-470" “Application to Preserve Residence for Naturalization purposes”
Part 1 “Application to Preserve Residence for Naturalization purposes”
There is an option 3, which is "An American Firm or corporation, or a subsidiary thereof, to engage in the development of foreign trade and commerce of the united states"
I work for a US based company say XYZ, when I transfer to its Indian subsidiary, say XYZ India pvt ltd, am I eligible to apply for form N-470.?

6) My re-entry permit expired in Feb 2019.
Can I apply for extension from India and come to the US for biometric? or should I need to apply for re-entry permit extension from USA only?

7) While I am in India working for US company's India subsidiary XYX India Private ltd, can I file the family based green card petition for my wife (F2A) from India?
If I can file the petition (F2A) frok India, do I satisfy the domiciliary condition? Will there be any questions in interview on why I am sponsoring F2A from India?

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Abhishek Khare

New Member
Hello Rajiv,

I have a question about the visa extension and upcoming amendment for me. My current visa and I-94 expired on 28th July 2017. My employer has filed Visa extension on 5th July 2017, received an RFE on 14th Sept and I was asked to provide Client Letter, Expert Base letter and organization structure. The RFE response was received by USCIS on 15th Nov 2017 and I am still waiting to get the decision on case.

My current project with client is getting over on 31st Jan 2018 and I am getting next project in a different location with different client. For which my employer is going to file Amendment. I want to know if my previous petition does not gets approved prior to submitting new Amendment request, will that cause any issues, since my I-94 is already expired and I am currently waiting for decision on extension petition.

Also if I have to pay for premium processing to get decision quickly, then which should I expedite, pending renewal petition or Amendment petition going to be submitted. I have read couple of forums, which says once the amendment request is approved, it does not comes with the new I-94 and in that case, since you do not have a valid I-94, you have to travel out of US and get visa stamped and come back with new I-94 form. Is that true and is there a way to avoid it.

Thanks for your time and valuable suggestion.


New Member
Question on H4 EAD

Hi Rajiv, thanks for helping out with immigration/visa questions. I really appreciate the community service.

I am on H1B visa (I140 approved in June, 2015) and my wife is on H1B (I140 approved in Aug, 2017). I have applied for H4 EAD though spouse's H1B visa in Nov, 2017 and EAD COS date requested as May 1st, 2018. Its currently in processing and is not approved yet.

Recently DHS made an announcement that they will do away with H4 based EAD and have questions regarding it (assume that I stay with my current employer that holds my H1B Visa)

1. My application includes H4 + Change of Status to EAD (both I-539 & I-765 applied). On approval of H4 EAD application, my status will automatically change from H1 to H4 EAD effective May 1st. If DHS decides to do away with H4 EAD, in that case will it become illegal for me to work for my current employer on H4 EAD status (even though it hold my current H1B)?

2. Once H4 EAD is approved and I want to revert back to H1B (provided I am with same employer that holds H1B approval), can it be done from within USA or I will have to fly out of country and enter on H1B (currently I have H1B visa stamp on passport till July 2019).

And if DHS does not do away with H4 EAD rule, will it be easy to switch back to H4 EAD from H1B in future once I already have H4 EAD approved (H4 EAD >> H1B >> H4 EAD)



New Member
Hi Rajiv,

I got my green card via eb2 in 2013 using cross-chargeability. After 18 months of marriage my first wife filed a divorce and we got divorced soon after.

I remarried 3 months later and then 2nd wife filed divorced in 2016. Around 2 years after marriage.

A year after divorce my second wife moved in with me (we are still divorced). She is on h1 visa.

I plan to apply for us citizenship this month. I meet all other criteria’s (taxes, 5 year lpr, no criminal history and all). Do you see any problems with n-400 due to these failed marriages?

If things go the way those are today and my ex-wife agrees than I plan to remarry and file her i-130. Do you fore see any prbs with that?



April Wilson

New Member
Dear Sir,

I worked with green card sponsoring employer, which is a consulting company, after eb2 GC approval.

At the time of Natulalization what type of documents are enough to show the proof that I have worked for GC sponsoring “ IT consulting company” after GC approval?

I have W2, pay stubs (with exact salary which was promised at the time of GC), Social security payment made by the employer , salary deposit bank statements and company offer letter as a proof that I worked for the GC employer(consulting company). Is this documents enough to show at the time of naturalization if asked about work history with employer who sponsored GC ? Is it important to have documents like client letter, contract SOW.

Thank you very much for your time.


New Member
Dear Sir,

My I-140 was approved in EB3 category while I was working as an architect in Ohio. Now I am getting an offer as Technical Project Manager from another company. Would you please let me know if I can use this offer to convert my filing into EB1 category? What if my current company does not provide experience letter? Any suggestion will be highly appreciated.

Thank you so much for your recommendation.


New Member
Hello Rajiv,

I got my green card as Derivative to a EB2 in Jan 2016. We were married for 15 months. My Husband filed for divorce and We got divorced in Oct 2016 .

I remarried 5 months after the divorce in March 2017. I plan to file I-130 for my current husband ( He is on L1 visa) whom I know for 10 years. When I file his i-130 , Is there a chance USCIS will ask to prove if my previous marriage was bonafide . Due to the short marriage and him being Japanese (my family did not agree to it). We did not had a traditional wedding ,I do not have much proofs to prove if the marriage was real xpt for lease , joint taxes and few pics.

Do you think there will be any issues when I go for my naturalization?



New Member
Hi Rajeev,
I got my H1B approval from Employer A from oct 3 2016 to Oct 2 2019, but I changed the employer and got transferred to Employer B in Oct 2017 and it got approved till Sep 2018. But when transferring from Employer A to Employer B, I didn't applied for H4 status for my wife. Her H4 is still valid till Oct 2 2019 and she have H4 EAD valid till Oct 2 2019 and currently she is working under H4 ead status.
And then in January Employer A revoked my H1b .

1) Is my wife out of status now ?
2) Do I need to apply for H4 for my wife now or wait till until the current H4 is expired (till Oct 2019) ?

Thanks in advance.


New Member
Dear Rajiv,

My petition for Green card was approved on 31st Dec 2011 and I have been eligible since October 1, 2016 to apply for citizenship. Below is a brief description of my situation:
  1. In Aug 2010, I filed for divorce in USA. Unhappy ex-wife filed for criminal complaint in USA (Oct 2010). I was arrested and court dismissed the complaint in my favor.
  2. Unhappy with USA court decision, ex-wife filed same cases 1 month later (Nov 2010) in India and added dowry to same USA charges (498a , 406 & 34 IPC).
  3. The contested mutual divorce was finalized in Aug 2011 in USA.
  4. I went to India in 2014, was arrested and charged with 498a , 406 & 34 IPC because of wife's complaints. I explained the situation to the judge in India and got bail and permanent exemption from appearing after that while the case is pending.
While I am confident that the frivolous complaint in India will be dismissed in my favor, but after getting just dates for past 3 years in Indian courts, I am not sure if they will take years or decades to resolve in India.
  1. Based on the information above, please let me know if in your legal opinon, I should proceed with filing for citizenship (N400) or wait for dismissal in India?
  2. There is no equivalent of dowry in USA, so can USCIS deny my N400 becasue all the criminal charges other than dowry are related to alleged offenses in USA, and have been initially filed and dismissed already in my favor in USA courts?
  3. If my N400 is denied for any reason, can it affect my currect GC (valid till 2021)
  4. If USCIS does not approve N400, will my GC renewal face problem in 2021?
Thanks a lot in advance


New Member
Dear Rajeev,

My family status in US is as follows:
Myself: I am currently working in US on L1B Visa and my green card is under process and I am waiting for my I-140
Wife: She is on F1 visa, currently pursuing PHD
Daughter: She is on F2 Visa, currently studying in class 12.

Question: My daughter has been selected for undergrad / computer engineering and her session starts from Sep 2018. We would like to convert her visa from F2 to F1 and for that, she will have to travel to India for visa stamping. Since, we are currently in USA and we have a intent to stay in USA, as my green card is under process, Do you see a problem in her visa interview?
It will be difficult for her to show the intent that, she will come back to India post completing her undergrad.
Please advise.

Thank you in advance.


New Member
Hello Rajiv ji,

My case history:
I was an associate project manager in India during 2013 to 2015
Moved to US in 2015 in the same company and was designated as Principal Consultant
Got promoted in 2016 as Solution Manager in 2016.

I would like to know if I would be eligible for GC EB1C category. Please advice.



New Member
Hi Sirji,

My relative has company and they would like me [H1B holder] to be authorized signer for their business account ?

Can H1B holder be Second Authorized Signer on an LLC Business Bank Account ? [not owner]
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New Member
Hello Sir

I am currently in a AOS/Pending 485 status (485 File Date July 31 2007) in EB3 (India, Priority Date = June 5 2007)
I have an approved I-140 (approved on Jan 30, 2009). I have been on EAD which has been renewed every 2 years.

I changed employer in April 2013 (much after the 180 days pending on I-485, and approved I-140).
We filed an AC-21 portability notification with Employment Verification Letter in 2013 with all necessary evidence of SOC portability as well as proof of continued employment. At the time USCIS updated the attorney's on file for my Pending I-485.

We received an RFE from USCIS related to I-485 in July 2014 and request to provide new I-693, G-325A, and employment evidence. All the necessary forms and evidence were filed by August 2014. Since then we have routinely renewed by EAD as necessary and there has been no change to my pending 485 status.

I got married in October 2017. My husband is in India.We were planning to file Following to Join form for my husband.

However I recently received (December, 2017) another RFE related to I-485, again requesting updated I-693 along with, G-325A, and I-485J. I am currently with the same employer that I had changed to in 2013, but in the past 4 years, my title has changed. I am in the same team and reporting to the same manager. But I was promoted from Sr. Manager to Associate Director to Director over 4 years since the change.

I have 3 questions:
1) I-485J / Part 6 (Job section): Should we be filling out my job title, salary, description from 2013 when I first changed job and ported over (to match all notifications that were provided then, albeit not on I-485J which did not exist then)? OR Should we put in my current title, salary, job description? Should we also include letter from employer explaining the promotions?

2) G-325A. I am planning to provide spouse /marriage details in this form. This is the first time I am including marriage information in any USCIS form. So do you recommend submitting evidence for the same? Marriage certificate ?

3) Should we file the Following to Join form after completing the RFE submission but before 485 approval or wait to file after 485 approval? Is there any risk to my Pending 485 if I file Following to Join?

Thank you
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