Recording Available, July 05, 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: July 19, 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
Hi Rajiv,

Thanks for doing this.

This is regarding green card EB1-C category.

I am on H1B with my employer since last 8 years. I got transferred by the same employer from India to here. I was working with them in India for 2 years before transferred to USA on H1B.

I was working as a Tech Lead/Manager across multiple centers in India and involved in managing team, hiring resources, making project proposals and estimations. I was also directly reporting to the company's executive team.

Note: Same employer initially applied green card in EB3 and got the I-140 approved. They have also applied EB2 now and I-140 is in process.

Am I qualified for EB1-C category? (My employer is open to do it, but they are not sure about this option.)

Thanks a lot and appreciate your input.

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New Member
FAQ: How many days can I stay in the USA after H-1B denial a detailed discussion?

Hello Rajiv Sir,

I was moved from Company A to Company B on Sep 2017 on the basis of receipt notice but now on may 14 2018 i got denial notice for Company B & they immediately told me to stop working. My H1B got denied because of specialty occupation.

My Company B again refile my H1B on premium but on 18th June 2018 again there is RFE on Specialty company is planning to reply RFE but i dont know how much time they will take

So now my question is if my this new petition also got deny due to Specialty occupation then how many days i will get to leave from USA
if we calculate 60 days grace period from 1st Denial which was on 14th May 2018 then my 60 days are getting over on 14th July 2018.
But i have valid I94 still April 2019.

Or if they response my RFE after 14th July 2018 then i can stay legally here in USA till my final result declare by USCIS ?

So Request you to please let me know how many days i can stay here in USA or is there any other way through which i can stay here like search other employer & he can file my new H1B on regular basis before 14th July 2018 to put me back on status ?

Request you to please let me know other alternatives also &
to replying Specialty occupation RFE is expert opinion letter is mandatory now a days as my attorney is saying that there approach is not to use expert opinion letter.

Thanks in advance Rajiv Sir.

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Roberto Serrato

New Member
Question: Do you see a problem with filing F-90 to renew expired permanent residency card given the possible desertion issue below? Issue with filing for citizenship?

Facts: 24 years old. Obtained permanent residency through Mom in 2006 via VAWA, which expired in 2016.

- Enlisted in Army in 2010.
- Was medically cleared in 2011 after 3 months in a U.S. hospital as a result of a bomb incident during non-war peace keeping mission in Iraq.
- Did not report back after being medically cleared.
- No charges raised for desertion.
- Currently being treated for PTSD from incident and likely 2006 domestic violence issue.
- It appears the 5 year statute of limitations ran out in 2016 for desertion charges with the military.
- No pending charges that I am aware of.

Thank you.

Skanth Ganesan

New Member
Hi Rajiv,
This is regarding the GC waiting time to file I-485 and also getting GC for EB2 and probably EB3. Many articles are saying it might take several decades (151 years in some sites) for Indians to get GC. Does immigration law firm like yours have any idea on how this absurd time period might change? I dont have hope with government doing anything to get immigration done.



New Member
Hi Rajiv Sir,
Thanks a lot for running this community call. I am US Citizen and my sibling is here in US on student visa and is 23 yrs old. Can I anyhow adopt my sibling?


New Member
Hello Rajiv Ji,

Can a Person (not a primary filer) with EAD be out side US on educational purposes (ex: for a Bachelor of Engineering) if so is there any min/max time frame he should come back for the EAD renewals ..



New Member
FAQ: Applying for H-1B transfer while an extension request is under RFE
Thanks Rajiv for helping Community.

I have 2 questions. Here are my details.

I am in USA on my work visa from June 2007. My Current H1 B is valid till 08/20/2018, I have applied for Extension on 04/10/2018 (I-140 valid from February 2011). I have one US citizen kid and one H4Kid.

Question1: For any reason if I got RFE after 08/20/2018, can I apply for H1 B transfer with other employer? If yes, do I need to go outside of Country and re-enter on new H1B with visa stamp?

Question2: Since I am leaving in USA legally from 11+ years, for any reason if H1 extension denied. Can I apply for Asylum or another category where I can continue stay in USA (I am talking about apply for “Relief from Deportation under new Supreme Court Decesion.)
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New Member
Hello Sir,
Can you please enlighten if a H-4 visa holder can trade stock and earn money from selling/buying stocks?

I've read others and they are mixed. Some say H4 can as passive incomes and as long as we pay taxes. Some say we cannot trade at all. Some say H4 can trade as long as we aren't classified as day-traders.

my simple question is: Can I (with H-4 visa) open an investment account with a broker and trade stocks -- earning money from buy and sell stocks? Is there is any rule limit us on how frequency of trading?

Managing my personal investment should not be considered work right?
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Tru Swimmer 06

New Member
Hi there,

I'm on a TN visa, valid through end of this year. I was planning on visiting my family in Europe and Canada (Canada being where I'm from) this summer and checked online and saw that it was okay to travel on the TN visa. I wrote to my lawyers who helped me with the TN visa who told me that they think my application would be very highly scrutinized since I came in under the Management Consultant category and told me basically to not travel at all (I also had some issues when I first petitioned for the TN at the border, they basically said they didn't "believe me" and only gave me a 1 year visa when I know you can get 3 years). Should I just accept this fate and not travel this summer? I was hoping to attend my sister's graduation so this is really disappointing. My I-94 does not expire until the end of the year, and everywhere else I'm reading it looks like travel on the TN visa is okay. Is it because of my specific circumstance that I should be cautioned against doing so?

Any help would be appreciated. I've been dealing with all this border stuff for a couple of years now and every couple of months feels like some setback or difficulty arises. It's pretty demoralizing.


New Member
Hello Rajiv Ji, My husband is currently on H1b with approved 140 with company A. 6 months passed after I-140 Approval and He is on 7th year of H1b. My husband is planning to move to company B. If for some reason before we get approved I-140 from company B, will he be eligible to move to company C? Will his approved 1-140 from company A will give me 3 years of H1b extension? Thanks so much for your services.


New Member
Hi Rajiv Sir,

Thanks for your service.

Last month my I-140 has been approved. Now i have full time offer from client, and the client will start the GC process next month.
But my employer didn't share the I-140 approved letter and he said he is not going to share the I-140 document.

Can you please advise me , can i get the duplicate copy?


Rajeev Dutt

New Member
Dear Rajiv,

First, thank you for providing this facility to consult and get your expert feedback.

Immigration question:

I am in US since 2003, in 2008 I joined company "A" which did my GC application under EB3, my priority date is Oct 2008. Its been 10 yrs since then and I completed my masters and work with the same company "A" and in the same field as before but as a team lead. Now that my priority date is current as of July 2018:

1) Do you see any issue/concern in my applying for next steps in GC, considering the 10yr gap and my promotion since then?
2) Do you see any issue/concern with the masters which I added to my qualification. Can that qualification be added to my EB3 case?

thanks and appreciate your insight.


New Member
Hello Rajeev Sir,

Thank you for the free community call. You are helping a lot of people in many many ways.

I have 2 questions as below -

1: Currently I am on H4 visa. I was working on H1B until last year. I have 2 old approved H1B petitions, Petition A (employer A) was valid until 8/2018 and other Petition B (Employer B) was valid until 8/2019. However both are in withdrawn status. Now I want to work again. Once I get a suitable project and I will file change of status (H4 to H1) in premium processing, can I join the work location based on the receipt number or will I have to wait until approval is obtained?

2: Another question is continuation to the above scenario. If I cannot join the work location unless H1B approval is obtained, since it may take 2-6 weeks (considering RFE etc) the client 1 (project 1) is not ready to wait for me for more than 2 weeks. Considering this, I am looking for other projects. If I get a new client 2 (say project 2) can I simultaneously file for an amendment while the change of status is going on? Or I would have to wait to get the approval with project 1 and then only I can do amendment for project 2?

Thank you! Appreciate your time for resolving our problems.

Naginder Gogna

New Member
Hi Rajiv ,
This is regarding my wife who just got her EAD extended. Knowing the uncertainty around EAD, her employer also filed for her H1b that got picked up in the lottery recently. As it is happening a lot that h1b gets approved but gets rejected at the time of stamping. If this happens to her as well, will her EAD still be valid? With the "change of status" application filed at the time of h1b application, I assume her status would change from H4 to H1b . But if H1b got rejected during stamping, I am not clear if she automatically falls back to H4 status or I have to apply for H4 and EAD application again.



New Member
Rajiv Ji,

This might be very common question for this forum but tried finding the answer and didn't get the exact question.

I am working in a company X with Job A and planning to join the same company with Job B. The common job duties between Job A and Job B are 60 percent same and 40 percent different. Want to understand if there will be a new Labor and I-140 has to be filed if i take the job B. Can you help?



New Member
Hi Rajiv,

Before I start, I want to appreciate you sincerely to setup these calls and patiently answering our questions here.

On 24th May 2018, you answered my question for the thread attached below at the end of this post, which gave me immense relief.

I have some updates and follow up questions for you.

My Timeline details:

  1. H1B 6th year expiration : 11/28/2018
  2. PERM Applied:8/9/2017
  3. PERM Approved for EB-2: 1/26/2018
  4. I-140 EB-2 Filed : 4/25/2018 (Premium Processing)
  5. I-140 EB-2 RFE Received: 5/8/2018 : RFE details: “ability to pay”
  6. I-140 EB-2 : RFE response submitted to USCIS : 5/11/2018
  7. I-140 EB-2 : RFE response acknowledged by USCIS : 5/25/2018
  8. I-140 EB-2 : approved by USCIS : 6/4/2018
  9. H1B extension : 6th year: applied : 6/25/2018
  10. H1B extension : 6th year: approved: 6/28/2018

Now, my 6th year h1b extension is valid from 11/29/2018 until 11/28/2021.


  1. When will I be able to change my employer, without hurting my priority date?
  2. I have heard that I need to wait 180 days from the approval of I-140 i.e. in my case 6/4/2018, to be able to change my employer without giving rights to revoke my I-140 to my current employer. Is this right statement to believe.
  3. If I change my employer, what are next steps to keep my priority date active? (I would like to ask this in more details when I am on conference line)
  4. What points should I consider when we are moving to a new employer after I-140 is approved from the current employement and H1B extension is completed.
Once again thank you so much for helping clear our minds and giving us concrete answers to the questions. God bless you.

Talk to you soon. Have a great day ahead of you.

PNK (hiding name to prevent my employer to see this post)


Hi Rajiv,

Thank you for setting up this conference calls. Listening to it is very helpful.

Brief information about my scenario.

H1b 6th Year Expiration : 11/28/2018
PERM Applied: 8/9/2017
PERM Approved for EB-2: 1/26/2018
I-140 EB-2 Filed: 4/25/2018 ( premium Processing )
I-140 RFE received : 5/8/2018 : The RFE is related to the "ability to Pay" & my company and attorneys collected all the documents related to company taxes and financials along with my Paystubs. They are going to respond to the RFE by today 5/11/2018. My application is the only Green Card application in the company and the company is doing good financially.

1. Is it normal to receive RFE with ability to pay ?
2. Is premium processing caused my application to go RFE, since USCIS needs more time? or its genuine and common request in i-140.
3. Probability of my case to suceed to get my i-140 approved?
4. Can I extend my H1b taking the scenario that my I-140 is pending?

Note: I have a travel planned on 24th May. If I dont attend, please continue without followup of my question.

Thank you so much for helping in this community call. It gives hopes.




New Member
Thank you so much for your service.

I received my citizenship last year. However, the new travel ban is ruining my life. I can not bring my Syrian fiancee(25 years,female, physician, Christian, No criminal history) to US. We have postponed wedding, hoping this new travel ban not to be upheld. Now, after the supreme court final deistion what are my options.

How long does it take to go through K1 visa associated travel ban waiver, is it even possible?

I am thinking to get married then fly to US and apply for her for a travel ban waiver based on being my spouse (Dual hardship/and no threat to USA security)

But there is no form for the waiver, how long this process takes?

How about H1 visa for physicians, or even J1 visa....

I really need your help.


New Member
H1b Transfer - Company A to Company B to Company C. Complex situation

Thanks in advance. Please help. I moved from Company A to Company B in Nov 2017 and joined them on basics of receipt notice . On May 18 2018, my H1b transfer got denied (specialty Occupation) . Company B refiled my H1B as they said job code was not correct and they filled in premium processing this time. Unfortunately I got RFE again on June 21st 2018(Specialty occupation) In the meantime I got the offer from company C for their client and client wants me to join. Please suggest shall I transfer to company C or wait till Company B RFE response. If I wait till company B RFE response, by that time I am not sure Company C client will wait and what if Company B H1B deny again. Company C saying receipt should generate before my 60 day grace period ends which is on July 18th. Please suggest if I transfer to Company C or not. My I-94 is vaild till next year.
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New Member
Respected Rajiv ji,
My PERM is approved and planning to apply I140.
My query is as follows:
I have applied my PERM with company A (future employer) and currently working for company B.
The problem is that during PERM application, for Company B details, I had mentioned my job title as “Business Analyst” mention was same as my H1B LCA which is different from my company B position as “Associate Consultant”.
As a supporting document my company B will provide experience letter with company position as “Associate Consultant” and not based on my H1B LCA job title.
Will this difference in Job title of current employee mention in PERM and company position in experience letter will denial my I140 application? IF yes, what is the solution to fix it?

PERM Job title used by my future employer: Programmer Analyst

Please Note: There is no change in JOB description and skill sets PERM document and Exp. letter
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