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

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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: August 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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Davinder kaur

New Member
Hello rajiv sir,
Here my scenario is : i have m-1 visa untill 2020, right now i am on OPT period untill this october ! So i have no choice rather than going back to india! So can i reenter usa with new i-20 with different institute without facing visa interview again again ? Or can i change to f-1 visa to enroll into different university? Or can i extend here with same institute without going back to country?


New Member
FAQ: Criminal record, affect on naturalization, other risks

Hello,i am on GC married to US citizen spouse for more than 3 years, but with expunged record and living in US for 4.8 yrs with no further criminal record after the incidence, had relocated out of US soon after getting GC and criminal conduct within same month for 2 yrs and then moved back to US.Would it be better for me to wait for completion of 5 years to avoid the long duration trip dates(due to relocation) for the trips and dates done in last 5 years section in n400 form and for showing the 5 yr timeframe for residence within US with no criminal record after expungement for Good moral conduct factor as although its past 6 yrs since i got arrested i was outside US for some time(2 yrs)?I was convicted under class C misdemeanor.Below are dates for clearer understanding of the situation
Obtained GC : Feb 2010
Criminal case: Feb 2010
Moved out of US based on family relocation:May 2010
Moved back to US on GC reentry permit in Jan2012( clock for 3 yrs married to US citizen spouse to be eligible for citizenship got reset thereby from Jan 2012)
Record expunged :2014
currently living in USA for past 4.8 yrs with no criminal record after expungement.
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New Member
Hello Rajiv. I have recently applied for the Citizenship (N-400) of me and my wife. We have been scheduled for the biometrics at the end of this month. I just want to know when should I apply for our 13 year old daughter's citizenship (N-600) since I didn't so at the moment as per the information I read on various web resources.

- Do I have to wait till she turn 18 before submitting N-600 or should I do so as soon as get our citizenship?
- Is it true that I could get her passport without getting her N-600 approved?
- What would the N-600 approval mean for her status?



New Member
FAQ: Criteria for EB-1C, international managers and executives, impact of receiving benefits
Hello Mr. Khanna,
Thanks once again for your continued service to the community.

I was a H1b employee, got layed off in October 2015. I left USA in Nov. 2015 and have come back on a B1/B2 visa in april 2016.

I started two companies:
A corporation (INC) in USA in Nov.2015, where my board of directors are all non residents in the country and we currently have no employees.
A Pvt Ltd company in India in Jan2016 as a 25% shareholding affiliate company of the USA corporation

I am now on payrolls of my India company, receiving a token salary every month and paying TDS to govt of India. I am visiting USA for setting up business for my USA company. I am making sure not to earn any money from my USA company. However, I need to enroll into a health insurance group plan. If I setup a group health plan for my USA company and enroll myself into it, would that be considered an employer-employee relationship with the USA company or in any way violate B1/B2 regulations?

I am intending to file for EB-1 PR (multinational company managers) in February-2017, so want to make sure that I am not in a questionable situation for anything. DO you have another advice for me, at this point? Would my US company need to show any funds to support my employment when they file for my EBPR?
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New Member
FAQ: Tourist/Visitors/B-2 visa denial 214(b)

My in-laws B2 visa got rejected last month. In the DS-160 father-in-law mentioned as businessman running a grocery store in india (3 lac p.a) and mother-in-law was shown as housewife. The visa interviewer asked following questions :
1. Who lives in USA - Son-in-law and daughter
2. What does he do and where does he work - answered correctly
3. What do you do - Answered correctly
4. How many children do you have - 3 , 1 daughter in USA 2 son in India,
5. What do children in India do - They are studying

Then the interviewer told them that they can't issue visa to them and handed over 214(b) receipt without giving any explanation of rejection. What should I do? They did not even look at the documents that I have sent for the invitation and sponsorship of visit. Could it be that they thought that my in-laws' income is less and they are going to earn money in US?
Can we do something different next time when we fill DS-160? One of my friend told me that interview is just a formality and they made their mind just by going through DS-160 . Also in the DS 160 can we mention the occupation as others and then explain all the property and bank balance ,business and also about their ailing mother in india and why would they need to come back ? Can I send any letter to embassy during next interview, ensuring them that I will take care of their visit and expenses and make sure they go back ?

I also have to apply for my parents' visa and I am worried if I should send both of them at the same time ? Kindly advise.
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New Member
Hello Rajiv Sir,
This is regarding H1-B Amendment & H1-B Extension

1. H1-B Amendment applied on July' 2015 and approved on April' 2016.
2. while amendment is in process, applied for H1-B extension on Feb'2016 and approved on March'2016 (I-797 Validity: July'2016 to Dec'2018).
3. Once my extension is approved, i traveled to India on March'2016 and got updated I-94 validity date till Dec'2018, based on my H1-B extension.
4. Then my amendment was approved on April'2016, i got I-94 hard copy with validity till July'2016 based on my previous H1-B validity (Not H1-B extension).

Note: I got the same I-94 number for my H1-B extension and H1-B Amendment,
But I-94 validity date is different from H1-B extension (I-94 Online - Date: Till Dec'2018) to H1-B Amendment (I-94 Hard copy- Date: April'2016 to July'2016).

Please let me know,
1. which is the valid Validity date?
2. Is it H1-B Extension date or is it H1-B Amendment date (Amendment is my latest action)?

Thank you.
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New Member
Hi Rajiv ,

I am on H1B and I had been for Visa Stamping in Mexico in 2011 and got 221 g white when i was with Employer A , However i could come back to US as i had a valid visa to re-enter. (Visa Officer didn't request for any additional documentation on 221 g ) Later i came to know why i got 221 g from Employer A , I issue what we are thinking got corrected later.

In 2012 i have changed to Employer B and i am Planning to go for Visa stamping to India. (My Labor and I 140 Approved with Employer B)


Q 1) Do you see any chances of getting 221 g again, If my new employer has maintained all the documentation correct till date?
Q 2) Do i have to mention in DS 160 form that i got 221 g if i am going for visa stamping ? If Yes what should I mention?

Please Advise



New Member
Hi Rajiv,
Thank you for your services to the community. I have a question regarding my priority date and change of employer after I140 approval. Posting question below

My current employer(A) got my I14o approved recently. I am planning to change my employer to B. Should I have to wait with employer A for 6 months after I140 is approved so my PD gets carried forward when employer B file I 140.

Thanks in advance.


New Member
Hi Rajiv,
First of all thank you for this forum. Its a life saver.
I am currently on L1 B and I applied for J2 Change of status and EAD concurrently. It receipt of acknowledgment was sent for both by the Vermont service center on 5th July. I have requested to effective date for Change of Status to be 19th November on the I-539 form. Current processing time at Vermont center is 2.5 months.My question is (assuming no RFE)
1> If approved - will I receive J2 and EAD at the same time OR in quick succession with 2-3 weeks in between both.
2> Will USCIS send a approval with effective date of 19th November?
3>Will the concurrent filing help me reduce the 90 day processing time required for EAD since the both applications are handled by same office?



New Member
FAQ: How long is an I-140 approval valid
Rajiv Sir,
I am in the US for more than 6 years and I-140 is approved and Priority Date is in 2011. My Current H1B (I-797) is valid till Aug 2017.
I am planning to return back to India, quit my current job and find new job in India.

Assuming my current U.S. employer with *NOT* revoke I-140, I would like to know
1. Can i come back to the U.S.,lets say in year 2020, by finding a new job in the US with new employer and new employer just need to do H1B transfer or will i need new H1B visa ?
2. Will this H1b be subjected to H1B Quota (i am asking because i have approved I-140) ?

Thanks a lot in advance for your inputs.
Really appreciate what you are doing for community.
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Rajiv ji,

I am on h1b visa and will transfer to a newly formed S corp. I will be consulting at client side, teaching students programming and generating money for company and will develop website and company internal projects like timesheet software etc. All these work addresses will be different. In addition I want to develop android app and that might generate income but that is my personal idea, nothing to do with company. Can I do that all?

As I legally cannot be partner in S-corp (which is allowed in LLC), what are the ways to ensure that I am being paid my agreed upon profit share?

In future we have plan to expand in Australia and I will go to austrlia for few(2-3) years. Will my GC processing can continue(lets say I get I140 approved before I go out of US)?

Thank you.
Rajiv ji,

I was working with a company A and transferred my h1b to company B. From July to September company A did not process my payroll so I asked company B to do that and pay me accordingly(my h1b transfer application was received by USCIS starting this period and I could work for them during this period) to not violate my status. I have suffered a lot due to company A in many ways and I would like to report their behaviour to respective agency. Can I do so ?

Thank you.


New Member
FAQ: Legalizing status
Hi Rajiv

Thanks for the blog and the service you are providing. I moved to us during 2002 on H4 visa and unfortunately i lost my EAD status during 2010 because of not answered queries by my GC applied Employer. I do have two usa citzens minors and was waiting for immigration reform but bcoz 2-2 in july 2016 supreme court results it also didnt work. so can you suggest me is there any alternative way me being in legal status please ?
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New Member
Hello Rajiv ,

I am on h1b and I just got married , my wife has a green card ( she got it on sept 2015) , my current i-797 is valid till august 26 and i-94 till 12/31/2016. My perm is approved and i-140 is filed pending approval .My employer will be applying for extension soon but I am nervous because it is a EVVC model with no supporting letter from client .
Questions are :

1. Can I do a h1b transfer , i read something on your blogs and saw there can be a issue if my employer finds out and revokes extension about the transfer but probability of him knowing about transfer is almost 0. Is there any other issue xpt that?

2. Can I change my project after extension is filed with current project paperwork since extensions are taking 4+ months these days , I think i can find some project in atleast EVC where the client can give client letter and hence establishing employee employer relation won't be so tricky in case there is a RFE.

3. Can I move to f1 visa in case h1b extension is denied.

4. Also how long does it takes to get green card when my wife files it for me . Current F2A date is 15 NOV 2014.



Registered Users (C)
Hello Rajiv Ji,

Question I: F2A, Dependents and Children of Green Card Holders/Permanent Residents:

Final Action date for F2A for India stood at November 8, 2014 (it has actually retrogressed from June 15, 2015 to November 8, 2014), as per State Department Monthly Bulletin dated June 2016, with a Filing Date of October 15, 2015, when one is eligible to file for her Petition.

My Case Scenario: I am on a Green Card; I want to marry a girl int the U.S. who is on H1B Status; We are planning to marry on January 17, 2017; her H1B expires July 31, 2017.

In the my scenario, when (on what date) am I eligible to file a Petition for her Status Adjustment? (for her Green Card). Should I, under the above Scenario, have to wait until the current filing date of October 15, 2015, crosses/passes our wedding date of January 17, 2017? If so it could be quite a wait?!

If yes, what happens when her H1B status expires on July 31, 2017?! and the Filing Date (to be posted by the State Department some time in the future) does not cross my Wedding threshold date of January 1, 2017? So technically I would be ineligible to make a filing for her Status Adjustment, after our wedding? will she have to leave the shores of the U.S.A.? after our wedding?! to join me later, when she gets her Green Card after a few years?!

For my friend

Question II: My friend is transitioning from H1B into aGreen Card Status under Second Preference EAB-2

Second Preference (EAB-2) for India stood at: October 1, 2004. It has actually retrogressed from November 22, 2008 to October 1, 2004, as per June 2016 State Department Bulletin.

Filing Date for EAB-2 for India stood at July 1, 2009.

My friend finally received my Labor Certification approval on January 12, 2012. When will my friend eligible to file his I-140, Intent to Become an Alien Resident (Permanent Resident)?

Should he have to wait until the Filing Date for EAB-2 for India crosses/goes past my Labor Certification approval date of January 12, 2012? How long of a wait would it be?


New Member
FAQ: Change of work location after filing for naturalization N-400 - 90-day rule for domicile
Dear Rajiv Sir:
In regards to an N-400 Naturalization Application and Process -
Does the 90-day State residency requirement for N-400 apply if I have already filed for the N-400 (in NJ), FP done in Newark, NJ and after a couple of months of filing, plan to take up a new job - possibly commute to that job-site - in Wilmington, DE?
The 90-day rule clearly stipulates that mandatory period within the state/county as "..three months prior to the FILING," which I have met.
Would commuting to another state for work - and the taxes thereof - adversely affect my N-400 interview as and when it does get scheduled, at/in NJ?
Because at the 'time of filing' I was (am) a resident of NJ... This is kind of confusing my job offer and options! What should I do?? :(
Request your astute & erudite opinion...PLEASE help advise.
Thanks much, in anticipation!
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New Member
Hello Rajiv Ji - I would like your advise on the following matter. I am stating some pertinent information about the facts and more than willing to enlist your services if you feel Justice can be provided in this matter.

My name is Ankush Khanna and I am currently a U.S. permanent resident living in Chicago IL with my wife and 10 years old daugter. Last year, I sponsored my niece in-law, Aayushi Mehrotra, and her grandparents for B-visas (Visitor Visa). Aayushi was granted 2 months B-visas and her grand parents were allocated 4 month B-vica into the U.S. They were issued only electronic, not physical, I-94s. Before visa expiration (2 months after her arrival a day before it expired), Aayushi returned back to India and did not overstay her visa. Aayushi returned back to India ( via Qatar) pursuant to her visa to continue her studies in Charted Accountancy.

Roughly 2 weeks after her departure I got a call from a person citing himself as a CBP officer. This person talked to me in a very intimidating manner and told me that Aayushi's departure records were not found on the manifest and he told me that I would face serious consequences if I was harboring her illegal stay. I told him that Aayushi had already returned, but he went on to mention that he could not find her on the flight manifest for 21st august 2015, it seemed he was simply going by the date of let last day in the system which is typically a day after the planned travel day. Even before I could tell him that she was actually had a trip prior to 21st (on 20th) he hung up the phone on me and never called back.

However, I was stopped during my return at the U.S. port of entry from my latest trip. A Custom and Protection Officer (CPO) informed me that they had no records of Aayushi’s departure from the U.S. back to India; which consequently red-flagged me as attempting to harbor her illegal stay in the U.S. The CPO granted me admission into the U.S. but advised me to resolve this issue, otherwise Custom and Border Protection (CBP) would hold me up again upon traveling outside the U.S. In return, I sent several records to CBP, via their website, of Aayushi’s return to India. These records consisted of: Aayushi’s Passport stamped pages; email from Qatar airways confirming Aayushi’s boarding the plane, a printed record from their manifest; stubs of Aayushi’s boarding pass; a stamped and attested letter by the court indicating that Aayushi had returned to India and her studies; and (manifest copy from Qatar). However, CBP deemed these documents as inadequate and thus, not satisfactory to update their records of Aayushi’s departure. In India, Aayushi has attempted to contact the Indian-U.S. Embassy but to no avail.

I really don't want this issue to affect my application for citizenship which I intend to furnish after completion of 6 years of permanent residence , hence I would solicit your advise in this matter.

Thanks again for allowing me to post my question. Looking forward to talk to you on this matter

Ankush Khanna


New Member
Hello Rajiv,

Thank you so much for this community call.

I want your help to clarify few things about my wife's case:

She visited US twice in 2008 on her B1/B2 visa sponsored by her employer at that time. Her stay was 88 days and 92 days (Immigration officer at port of entry gave her stamping for 3 months and 6 months respectively) and gap between both visits was 15-20 days.

When she applied for her F1 visa in 2011, she was denied twice without any explanation of rejection but the third time in 2012 VO told her that she overstayed and violated her B1/B2 visa and that she can apply again but after the period of 3 years. She also cancelled her B1/B2 visa as my wife was no longer working for the employer who sponsored it. We didn't know how she violated her visa because she stayed 180 days (88+92) which is max stay allowed on her visa type and her duration was less than the stamped given by immigration officer at port of entry. I am sure there is some law/rule we didn't know about and she broke it unknowingly. We were novice and her employer didnt provide any guidance as well, she just followed what her employer told her at that time.

Now I am planning to apply for her H4 (my H1 was applied and approved this year only and will start from 1 OCT). Will her history affect her H4 this year? it is already over 4 years since her last try on F1. Also if time permits can you please explain how exactly she violated her B1/B2 visa? Because there is a question in her form DS-160:
"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" We would answer based on your expertise because we dont know how, if she overstayed on her B1/B2 visa.

Thank you so much in advance.


Registered Users (C)
FAQ: Gap required on a B visa revisit
Is there any required interval or gap between visits on tourist visa(B2). My mother is alone in India and came to us first time in month of Dec 2014 and stayed 28 days and went back to India in the same month i.e Dec 2014. Again she came to US in July 2015 and went back in Dec 2015. Now she is planning to come in Sep 2016.
Is it okay to travel since she stayed more time in India than US. Will she be facing any issues at port of entry ?

Thank you
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