Recording Available, July 25, 2019 Community Conference Call with Attorney Rajiv S. Khanna

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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: 08, August 2019
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
Hello, I would like to find out if anyone has experience with Humanitarian reinstatement.
My Mother immigrated to USA from the UK almost 15 years ago, I stayed in the UK at the time as I was a young adult, already 21.
We started and I-130 (unmarried son over 21) petition which was approved & I received my I-797 notice of action/approval.
I have been waiting for my priority date; during this time my Mother was diagnosed with terminal cancer & 3 years ago she sadly passed away. My priority date has become current & I have received notification that can proceed to the next step(payment, interview etc). I'd like to find out if I'd be able to continue with the Visa process or if I am entitled to Humanitarian reinstatement if I cannot continue. I have a brother whom is a permanent resident & can be a substitute sponsor & can complete the I-864 affidavit of support.

From what I have researched, I would like to find out if I am able to apply for Humanitarian reinstatement on the grounds of the lengthy wait time that I have been subject to due to me being in the family preference category and also the strong family ties I have in the US, I would like to join my brother and other relatives in the US.

I am a UK resident, is there any chance that I could still be granted Humanitarian reinstatement?


New Member
My question is about the combination of EAD and H1B statuses.

--I Started working on H1B with company A; they filed for my Green Card - EB2 - priority date June 2009. 2009 was during my fifth year on H1B so I have been able to renew H1B in 3-year increment since my first 6 years of H1B ended in 2010.
-- Received my EAD in 2012 while I was working with company A. I also had my H1B valid.
-- In February 2014 switched to company B on AC21. The new company also filed for H1B transfer and got approved effective March 2014. Company B renewed H1B in 2017 which will expire in 2020 March.
--Currently waiting for my priority date to be current while employed with company B.

My question/confusion is:

Should I continue to renew H1B while I wait for my priority date to be current? My new employer is asking this question due to the filing and attorney fees. Their concern is -- If my 485 is denied when my priority date eventually be current, will I be able to continue working on the renewed H1B (if it got renewed it will be valid until March 2023)?

Won't my H1B also be invalid /expire since the basis of my H1B extension (beyond the first 6 years) is that my Green Card application was pending - but now that application is denied so will I have a valid H1B? How can I convince my employer that spending money for my H1B renewal is a good idea and will protect me if my 485 were to be denied?


New Member
Hi Sir,

Appreciate your great help.

My question is I have I-140 approved with company A. Now I want to transfer to Company B but I don't plan to stay with Company B for long, so I don't want to process my GC with them. I want to work for 1-2 yrs and then go to Company C.

So will it be OK if I process my GC with Company C without doing it with Company B? another way of this question is will I be able to apply for H1 transfer at Company C with I-140 approval of Company A.

Thank you very much.


New Member
Hello Rajiv sir,

My question is I am currently on a cap exempt H1B and have been picked for Cap subject H1B this year.
Can I transfer my Cap subject H1B before October 1st to another employer as I already have an offer in hand and my cap subject H1B has been approved already.

Really appreciate your help.

Thank you so much

petition revoke

New Member
Hello Rajiv Sir,

I came to india and attended the H1B visa interview on Nov, 2018 and got 221g. On first week of April,2019 i got a mail from consulate stating that my H1B Petition is sent back to USCIS for review and possible revocation.

My petition is valid from 01 Oct 2018 to 30 Sep.2021.

I am still working from home with my employer.

a) How long does USCIS takes to take a decision on my petition?
b) Meanwhile can i do anything? Like, file a petition again or any other way?

Thank you.


New Member
Hi Rajiv ji,

How are you?

I have a approved I140 from employer A with July 2016 priority date. I have H1b extension (6 year ending on 2019)till Nov 2021 with my current employer B. My current employer B has yet to file for the PERM/labor for GC process.
In case, HR 1044 is passed, they say from 30th September 2019, dates till 2016 will become current.

Can my employer file for new PERM/labor and port the date while the priority date is current or past current?

On my I140 from previous employer A says AOS needs to be filed once priority date becomes current.

Will I miss the boat. :) :) and I will have to file new GC with Employer B ?

Appreciate your help, Sir!

Thank You!


New Member
Dear Mr. Rajiv
You addressed similar issue a month ago, I wanted to ask few follow up questions.
I have an I140 approved under EB2 NIW with priority date May 2015 and another I-140 approved under EB1 extraordinary ability with priority date May 2019. As you mentioned in the forum a month ago, priority date from EB 2 NIW (May 2015) should be retained for EB 1 approval (which was done in 2019). However, my EB 1 approval notice (i 797) shows priority date of May 2019. Whenever May 2015 becomes current for EB 1 category, I'm hoping to file I 485. Here are the questions;
1. What is the best way to contact USCIS to get the priority date changed in I 797 for EB1 approval or who should I contact to get the priority date corrected in I 797?
2. In the event I cant get I-797 corrected, while filing I 485, page 4, part 2, questions 3 (Receipt number of Underlying petition) and 4 (priority date from underlying petition), which receipt number should I use for question 3 (EB2 NIW or EB1 receipt number) and which priority date (EB2 NIW or EB1 priority date) should I use for question 4?
3. While filing I-485, what is the best way to include the information about having two approved I-140s and I'm applying under EB1 approval but using the priority date from my EB 2 NIW approval?
Thank you!


New Member
Dear Mr. Rajiv:
You have earlier advised me to wait till after my wife Naturalization, before i attend my N-400 interview. This is due to my previous situation : My I-485 was approved after i (might have unintentionally) abondoned my i485 earlier ( in lieu of traveling on an expired Advanced Parole)

My wife's n400 is now approved and she took the oath ceremony recently. I missed my 2 requests for N400 Interview and received a letter saying my petition may be administratively closed.

In lieu of the above, as i am about to file my fresh N-400 petition, please suggest any DOs & DONTs

1. In the application
e.g. Have you ever been detained/questioned by an law enforcement / Immigration officer ( As i let you know i was issued a humanitarian parole at POE when Imm. officer noticed that my AP was expired)

2. During the interview
e.g. why did you miss interview previously


New Member
Dear Mr. Rajiv,

Hope you are doing fine.

I started with at Client A's location in Nov-2018 on my H1-B VISA. I have filed an amendment w.r.t this and started working at the client location since then. USCIS had issued a RFE in Jan-2019 for the filed amendment, we responded to it March-2019. Within 10 days of responding, USCIS field officer paid a site visit to Client A's location and had few questions for me following which I have answered & provided the officer with necessary documentation during the site visit.

Since then, I see no concrete update from USCIS regarding the processing of my case. When raised a service request, USCIS responded there is no ETA for the case processing as of now. I would like to travel to my home country now but unable to do so as the case is still being processed by USCIS. Would you recommend to expedite the processing of this case by filing a premium processing request with USICS. If so what are the implications if any? else should I allow USICS some time to process this case.


New Member
Dear Mr Rajiv

My Wife and I are naturalized citizens
Our child was born outside the US just before we were naturalized
She is now 12 years old
We have petitioned for her I-130 and it has been approved
We are waiting on the interview date etc

My understanding is that once she enters the US on valid immigrant visa the visa turns into a GC and also that she becomes a US citizen immediately
and that she can apply for a US passport

am I correct in my understanding?

Thanks In Advance


New Member
Dear Rajiv,

Im on L1 A since 2016 and currently in US and my I-140 has been approved with PD September 2017.
Me and my spouse filed I-485 in December 2018 and we travelled out of US in January and returned in March 2019.
My fingerprint review was done and completed in Jan 2019 however my wife was called for reappearance, we both went for the fingerprints in April 2019.

My wife received her GC-EAD/AP in June 2019 but my GC-EAD/AP shows "Case Is Received" (I dont see any change in the status nor I received my GC EAD/AP). I called USCIS they say I cant raise an SR as the case is not out of processing time.

Question : Could you please advise if this is common where Dependent Receives the EAD/AP before the primary Applicant.
Question: Do the cases get approved separately ?


New Member
Dear Rajiv-ji,

I am currently employee full time on H1b in company A. My company A has a parent company B. Next month, most employees in my Company A is going to be terminated. My supervisor and few employees are moving to parent Company B. My supervisor is willing to keep me employed for 2 more months in Company A and then terminate my position. Would it be legal for me on H1b, to be the only employee in company A?

Thanks In Advance,


New Member
Hello Rajiv Sir,

I have my GC process started and it is at I140 done from my current company at location A. Now as the company decided to close the location A and asked me to relocate to Location B, what is the impact to my green card process? My company is saying that I need to restart the process i mean refile the labor and I140 again but keep the priority date.

Is it really necessary to refile if the location changes? There will be no change to my position or job duties.

Thank You in advance.


New Member
Hello Rajiv Sir,

I had 2 separate employers file for my FY2020 Cap Subjet H1b. Both petitions were filed as a Change of Status and both were picked up in the lottery. At this point, one of the petitions has been approved (form I-797A was issued: Change of Status - Approved) and the other is still pending adjudication.

Please Sir, help me figure out the following:

1. Should the other petition be approved as well, and a I-797A form be issued, do I have to leave the USA to "resolve" what employer I will be working for? If not, what do I need to do, since I am unable to work for both.

2. Since my Change of Status has already been approved with my first petition, is it possible to get a I-797B (Change of Status not approved) from my second petition? If yes, would I be able to ask employer to withdraw the second petition and start work without having to leave the country using the first Approval Notice. (or would the denial from the second petition have a spilling effect and compromise my first Approval Notice as well?)

Thank you in advance.
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New Member
Hello Rajiv Sir,

My spouse worked on H-4 EAD after expiry for 5 months assuming it is automatic extension same as H1-b as the extension was filed before expiry. We found out that is not the case. How do we correct this? What is the solution?
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