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

Dear Rajiv

Here is my case

Worked on L1B from feb 2011 to dec 2013 with company A
Filed H1b with company B in April 2013 and got petition approval from October 2013 till September 2016 and got 797A document with change of status in October 2013. Due to personal reasons I could not join company B and never worked with them and came back to India.
In March 2014 went for visa stamping in India but got 221g and finally revocation notice in Sep 2014 that petition is revoked.

Meanwhile In June 2014 company C tried transferring my petition and filed in premium processing but a denial notice was sent in Aug 2014 reason relating to speciality occupation.

Now company A wants to transfer and file H1b in cap exempt category as they feel that I was cap counted in 2013.

I have spent more than 2 years now in India

Will I be really cap exempt still after revocation of my petition with company B
Does denial of petition with company C make any difference
Can company A file cap exempt petition using 797A document from company B
FAQ: Visas for starting a restaurant business franchise
Dear Rajiv,

Thanks for your time and commitment to the community.

I am a US citizen interested in starting a franchise of a South Indian Restaurant here in the DC metro area. The restaurant owner in India has been in business for 20 years and is willing to send chefs and restaurant managers to oversee the day-to-day operation of the restaurant here. I need your help to understand if there is a possibility to file petitions for those individuals under the L1 A/B categories since they have specific expertise/knowledge in the specialty cuisine. I am thinking the number of resources that I need to bring over here is somewhere between 4 and 6 per year. The restaurant owner also is willing to provide necessary supporting documents as required.

Thanks and I look forward to hear from you.
Last edited by a moderator:

What is your estimate of the current prevailing wage determination processing time? My sense is that it takes about 3 months now.
What about PERM processing time? About 7-8 months?


Registered Users (C)
FAQ: Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140
Hello Rajiv ji

Situation 1:

I-140 approved; H1 valid until Feb-2017; Completed 6 years of H1B by Feb 2015; Would lose job in a few weeks;

I would file a visitor visa and continue searching for a job after the end of current job. This would keep my stay in US legal, as I understand. Right?

I am trying to persuade my current employer-company “AA” to NOT withdraw the I-140 petition for some time after my job ends. Assuming they agree to NOT withdraw the I-140 for about 6 weeks after my job ends, and I find another job during these six weeks after the end of my current job and the next employer company - BB files for H1B petition,

Question 1: What would be length of time for which I can expect to get H1B extension for employer BB?

Question 2:

After working for employer – BB for a few months – (say 3 to 4 months), assume that I want to change to employer CC. By that time, my current employer AA would have withdrawn or cancelled the I-140 on the basis of which my H1B extension came for employer BB. Would I be able to change to employer CC? What would be length of time for which I can expect to get H1B extension for employer CC, given that the underlying I-140 is not valid?

Question 3: After my current employer AA initiates the process to withdraw or revoke the I-140, how long does it take for the USCIS to get the request and finally cancel the I-140? I want to understand if that process itself gives me sometime during which I can find another job and have H1B filed and approved by another employer.
Last edited by a moderator:
Hi Rajiv Ji,

Thanks for your service for the community.

I am on L1A (completed almost 4.10 years). My company was supposed to start my GC but they have not yet started.

Q1: if they process my GC (they will do in EB2 only)... and my I-140 is approved. And when I complete 7 years in L1A, do I need to leave US or I can keep working in same company with approved I140.

Q2: If I find new job, and new employer process H1B. He will file H1B in April and I can start working only from Oct 2016 (by that time I will be completing almost 5.6 years in US on current work visa i.e.L1A). Can new employer file GC for me? or is there any condition like GC needs to be filed 1 year prior to current visa expiry date)


Rajiv S. Khanna

HOST, Immigration.Com
Staff member
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 !!
I am sorry, we do not practice in this area. No idea.