Recording Available, January 28, 2016 Community Conference Call with Attorney Rajiv S. Khanna


Team Member, Immigration.Com
Staff member

Rajiv 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: :
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: February 11, 2016
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)
Thank you very much for offering this service and helping millions of people like us.

I have an approved N-470, to cover my continuity of residence. I was away from the US for 9yrs but always travelled once a year and made sure, the stay outside the US did not exceed 365 days. I am back in the US for good now. I plan to complete the 900 days physical presence and then apply my N-400.

I have been with my current employer for a long time now. They processed my GC and also my N-470. I worked for the same company even in India. My question is, since I am in the US now, and do not need the support of N-470, can I change my job? Or, should I be employed by the same employer, until I get naturalized?




New Member
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota

Hi rajivji,

I am in 5th year of H1b and my husband is also on H1b with approved i140.I would like to move to h4 EAD using my husband's h1b and approved i140.

1. After converting to H4 EAD, can I convert back from H4 EAD to H1b? and is it come under H1B quota or not?

Thank You,
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New Member
FAQ: L-1B converting to H-1B change of status and quota

Dear Rajiv Ji,

I came to US one year back from India and working on L1B in X company and my L1B is valid until Nov 2017

I have approached Y Company and they are ready to apply my H1B in April 2016.

Kindly give me the informtion for the follwoing quesitions

Q#1: Is my H1B petition is within the limit of H1B quota?

Q#2: If Yes to Q#1 and picked in the draw when my visa status will change from L1B to H1B?

Q#3 : For some reason After Changing my visa status from L1B to H1B, If I want to continue with X company on L1B Visa, What I have to do?

Q#4 : Again In Oct 2017 If I want to change my status from L1B to H1B what I have to do.

Thank you very much for your help

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New Member
Dear Sir,

My first ever US H1B visa stamping was issued three years ago. Both the visa and I-797 have expired recently.

I have never traveled to USA until now. Now if I apply for visitor visa to visit my relatives in USA, will that result in cancellation of my H1B visa permanently, and will not allow me to apply later for H1B in cap-exempt quota?



New Member
Dear Sir,

I'm trying to bring my brother to the US, he is a Chartered Accountant with many years of experience in Dubai.
I read that H-1 visa is available to anyone regardless of whether they are an IT professional or not, however all jobs I saw for accounting field, state that they will not take applications that need H-1 sponsorship. In that case how can someone who is not in IT get an H-1 visa...

Any guidance you can provide is much appreciated.
Thanks for your help


New Member
hello rajivji,
I am in 5th year of H1b and my wife is also on H1b with approved i140. As i am close to 6th year of H1b I would like to move to h4 EAD using my wife's h1b and approved i140.

1. After converting to H4 EAD, Say my employer starts GC process and i got my PERM and i140 approved when I am on H4 EAD.

2.After my i140 Approval , if my employer likes to sponsor H1b. Can i convert from H4 to H1 and use my i140 Approval to extend my H1 beyond 6 years.


New Member
Hi Rajiv,

I am a college student (Permanent resident) applying for my US citizenship through the N-400. However, I have a disciplinary record on my student account for having violated our school's judicial code. I believe I am protected by FERPA, so my education records (aside from the directory information) cannot be released to the USCIS without my consent, correct? Does the USCIS usually ask for a student's education record to be released if the applicant is a college student? Do they ever have a reason to?

Thank you very much for helping!


Registered Users (C)
Dear Rajiv

Thanks for taking this question.

In case of U VISA, is it mandatory to wait duration of 3 or 4 years before U Visa holder can file for Green card?

The case based on which my cousin got approved U Visa has already been concluded with court sentencing the fraud company owners.
He was one of the victims of the company.

Please explain.

Regards !!


New Member
Hi Rajiv,

I am currently on H1B and planning to sponsor visitor visa for my parents next month. I would like to know if I can change my status to H4 once after they got their visa approved. Should i be working by the time they travel here to USA ? As of now , we haven't made any plans for their travel.

Thanks in advance for your suggestions.



New Member
Hello Rajiv,

I'm a permanent resident in the states for 7 years but I went to study abroad for a year in Japan last year.
I did apply Reentry Permit before I left.
I'm already back in the U.S. now and want to apply for the U.S. citizenship so I wonder if I need to apply N-470 before I apply Naturalization?

Thanks for helping!!!


Registered Users (C)
Thanks for your time, Rajiv Sir !

I want to ask about Asylum case. My friend has applied for Asylum almost 4 months ago but didn't have interview yet(and he is not expecting it to happen in next 3-4 months). He has not received any interview letter yet.

Can he apply for EAD after 150 days?
Suppose he gets EAD but one month after receiving EAD, he gets his interview done and case is denied. Will EAD be valid if he appeals at immigration court in time?

Could you please comment upon current backlog/interview schedules in Asylum cases?

Regards !!

Sunil Suthar

New Member
FAQ: H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match

Rajiv Ji,

Thanks for your Community service. You do a great job in clearing doubts related to immigration issues. Apreciate your service.

I am currecntly working for Employer A on H1 B and my visa expires in June, 2016. My I140 is approved via Employer A last year (in June 2015- more than 180 days ago). I am about to complete my 6 years of H1B + L1B in June, 2016. Employer A filed for my H1 B extension and its approved for next 3 years as well (June, 2016- June 2019)


1. If I change my job now and employer B files my H1B, will it be approved till only June 2016 or it will be a new 3 year H1B visa since my H1 B extension is already approved via Employer A.

2. If I continue to stay with employer B for more than 3 years, can they use approved I140 from Employer A for H1 extesnion? I understand to file Green card Employer B will have to file a fresh Labour and I140, but to just extend and transfer H1B, can Employer B or a future employer C use my Employer A I140 approval.

3. Does My Job title wordings have to remain same to transfer H1B? For example is it possible to change title from 'Engineer' to 'Architect' as long as I am in same technology and its an progressive improvement in my role but still on technical domain (not moving from engineer to manager). Will it be an issue for visa stamp if I change my job title. My Labour was approved for 'Engineer'. Sometimes differrent companies have differnet job title for same kind of positions. eg. Engineer, Architect, Consultant etc.

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Antariksh Singh

New Member
FAQ: Reapplying for a B-2 visa after denial – importance of income

I am planning to invite my Father and Mother in Law to USA to attend my wife's graduation ceremony in May 2016. We both are permanent residents of USA. I am sponsoring them. We applied for their B2 but their visa was denied 214b white receipt. Visa officer asked about my Father In Law's income. He has a very small business and during the interview he answered with income Rs 150000 per year which is little less than whats in his tax document (around 2 lac). Should we apply for visa again right away? Is it still important for parents to have a huge income even if their trip is sponsored?What should we do? If we change DS 160 to self sponsor, the income will not change but would more balance in their account help?
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New Member
Dear Rajeev Sir,

I have received PERM denial due to typing error (selection of citizenship) in the form ETA 9089. Below is the message from U.S. Department of Labor

"The employer indicated in item J.5 that the foreign worker's country of citizenship is the United States of America. The foreign worker does not meet the Department of Labor's criteria for eligibility for a labor certification application because the foreign worker is a United States citizen. Therefore, the application is denied."

My attorney is filing motion to reopen due to harmless error by attaching the copy of my passport. Can you please provide your inputs on the following question.

1. As they have only mentioned country of citizenship as the reason for denial.How are my chances of approval after submitting the copy of passport copy.
2. Does my case still has any chances to go for audit after submitting required proof of citizenship.
3.Based on the current trend, what are processing time for motion to reopen for PERM cases.

Please provide your inputs as I have another job offer and I am not sure how long should I wait for my perm.

Many Thanks



New Member
Hi Rajiv,
I am on H1B with approved I-140 priority date june 2010. I would like to consider changing employers.

I am not sure if my current employer is going to withdraw I-140 petition that is already approved by the time new employer is able to file new I-140 and recapture my priority date.

What are my options if my current employer withdraws current approved I-140 by the time new I-140 is filed my my future employer.

Hello Rajiv Ji
Is there any rule already in place or in the contemplation that one can apply for H1B only up to 2 times? Pl advise


New Member
Hi Rajiv,

My PERM got approved in 2010 but I got audit on approved PERM in year 2011( After one and half year later labor department open my PERM again and asked some more supportive documentation from employer) .
Also I-140 was approved against 2010 PERM but unfortunately PERM got denied with reason employer did not advertise this position.

My question :
If I apply new GC from other employer, Can I port my priority date under sympathy bases request
( because it was mistake from employer not from my side) to new GC filing because my I-140 was
approved and it is also on approved status?

Please check the attached file for more details.

Looking forward hearing from you soon.

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New Member
Hi Rajiv Ji,
I have a B2 Visa for a period of 10 Yrs Issued in 2015, to attend a function at my Brothers Place in USA, I visited usa in the month of AUG 2015 for one month & came back.
I have a Business in India & would like to visit USA by March this year, My Question is:
1. Can I enter US on the same visa for Business visit.
2. I would like to set up a Business in US, Can I register Business & Set up Business there while on visit status?
3. If Yes, what documents do I need to show to the officer at the POE?
4. or, do I need to go back to US consulate in India for B1 Visa?