Recording Available, June 01, 2017 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: June 15, 2017
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
FAQ: What are Visa Bulletin Final Action Dates and Date for Filing FAQ: Immigration Vocabulary

I am Vidya and am a green card holder. My husband, Radha Krishna, is based out of Bangalore, India. I have applied for his green card under F2A category through consular processing and his priority date is 30MAY16. We have received his I-130 approval notice as well.

My questions relate to interpretation of the US visa bulletin and the actions we have to take there of:

1. The visa bulletin refers to two tables, dates for filing applications and final action dates. The latest bulletin, June 2017, for category F2A, has 15AUG15 specified for final action dates and 08APR16 for dates for filing applications.

2. Assuming that the dates move at the same pace, we might see the dates for filing applications move to 08JUN16 in a couple of months from now. If this happens, will my husband be eligible to apply for the next step (consular processing) or have to wait for the final action dates to become current? When will he be eligible to take action on the next step?

3. Once the application is filed, how long will it be before a decision on awarding a green card is taken? Is that the final action date as specified in the bulletin? And when will he be eligible to enter the US and start working? Could you please clarify the next steps for us?

I will appreciate all the help in this matter.


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New Member
Hello Rajivji,

Thank you your service and help to the community and apologizes for my long descriptive post.
I recently changed my job and joined my employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed.
I was approaching my 5th year on H1B which on 10th March 2017 (with an year to complete 6 years on H1B).
In the meantime my employer filed my GC PERM application. My H1B was still in process at USCIS and got an RFE.
While responding to the RFE my employer requested for 2 years of H-1B visa. 1 year for the 6th year on H1B and another year extension as my PERM application was filed.
My H1B visa got approved for 2 years with end date of 10th March 2019.
I'm planning to visit India and I have to go for visa stamping.
My employer is saying that I can take the H1B approval notice and client letter for visa interview and these are all the documents that are needed during the interview.
Because of the current environment around H1B visa, I'm wondering if I have to carry supporting documents related to the PERM application as I got the additional 1 year because of PERM filling.
I requested my employer for the PERM application A-number but is unwilling to give to me. Is there any other way get the PERM A-number?
Also would I be able to change my employer after my 6th year on H1B visa even if my PERM application is pending or I can do it only after I get I-140 approval and 180 days?

FAQ: Immigration Vocabulary
On other lines what is RFE and audit of GC?

Thank you for your help in this matter.

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Ravi Shiramwar

New Member
FAQ: Rules for counting 6 years of H-1B
Hello Rajivji,

Thank you your service and help to the community.

I have a question regarding the 6 years of stay in USA on H1B.

First time, I came to US on L1B Visa in July 2010 & went back end of May 2012. So, this was around 23 months. My L1B was valid until May 2013.

After going back to India, IBM applied for H1B in April 2013. At this point of time / application filing, it was not 1 year stay out of USA as I came back in May 2012.

I got H1B approval in August 2013 valid from Oct 2013 to Sept 2016.
After this, I traveled to US in August 2014 on H1B & I am here till now.

My question is, till what time I can stay in USA. I know for H1B we get 6 years. But will this count my earlier stay on L1B ? For more than 2 years, I didn't enter to US.

Will it be until August 2020 or ( August 2020 minus the L1B stay ) ?

Thanks in advance. !!!
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New Member
FAQ: Changing jobs and Supplement J - Immigration Vocabulary

Hello Rajivji,

I am on EAD since past 4 years and No H1B. I have couple of questions regarding what are the repercussions of leaving an old employer who originally filed Green card application (EB2).

1. Can the old employer revoke I-140 ?
If yes, (i)what could be the implications if I-140 is approved since 6 years and I-485 pending since 4 years?
(ii) does the new employer required to file new I-140? If yes, what if they do it in EB3?
(iii) is priority date retained from the first I-140?

3. During change of jobs, does the new employer need to file new I-140 in addition to Supplement J or AC21 form?
4. How long does the supplement J form takes for approval?
5. What happens if supplement J is denied?

6. Can I work with new employer without filing supplement J?
7. Can I travel outside of the country while supplement J is in process? What if meantime old employer revokes I-140?

8. Is it difficult to change jobs without having proper documentations (do not have I-140 approval copy), have I-140 receipt & case number?
9. How do we know if employer revokes I-140? Is there a communication from USCIS ? Will I know?
10. How safe it is to join new employer with I-140 approved since 6 years and I-485 pending since 4 years?

11. Can I still continue working with new employer despite of supplement J denial?
12. If the old employer does not take any action (i.e. no revoke, etc.), does the priority date gets retained?
13. What happens if I-140 is revoked and Supplement J is denied?

Thank you.
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New Member
Hello Sir,

I have completed Masters from a for-profit university which is not eligible in Masters quota. However, while applying H1b for First time in 2014 I have requested employer and attorney to apply in Non-Masters (Regular) Quota. While filing i129 petition, in form "H1B Data Collection and Filing fee exemption supplement" Part C Numerical Limitation Information section -- "CAP H1-B Bachelor's Degree" is checked.
1. Does it mean my H1b is picked in Regular quota ? (And not Masters quota) ?
Reason for ask is few of my friends received Intent to Denial notice recently when they have applied for H1b extension saying University is not eligible for Masters quota.
2. Is Masters degree (From For Profit university) eligible for EB2 category ?

Thanks in advance.
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New Member
Hi Rajiv,

I am on H1b. One of my friends have a product based company in India. I am planning to market the product in US.
I) Can I start a sister company in US to market the product?
2)Should I name it differently or the same company name(Indian company)
3) What are my privelages on sister company?
4) Will this be any helpful to obtain GC ?
5) Please let me know if I have to take any other precautions as I am on H1B.

Thanks & Regards,


New Member
Dear Rajiv Khanna,

I'm on H1B and in the process of applying for EB-2 NIW, recently submitted I-140. Few weeks ago I have found I have been selected in the latest diversity lottery (DV18). I understand since I'm in the US already I should be applying for change of status but it's not clear how I should proceed at this point. I have read conflicting reports that I should either file DS-260 immediately or not file it at all and wait till August-September when I should file AOS, or make an appointment with USCIS ASAP for establishing eligibility for AOS or wait till I file I-485 and get called for an interview. I understand my I-140 should not affect the diversity visa change of status application, but then again I'm uncertain and worried.

Just to be clear, I want to apply for permanent residency using the diversity lottery since I have this opportunity. I have retained a lawyer for EB-2 NIW but they don't do diversity visas and I was unable to find a lawyer in my area to discuss this, I'm getting a run around to come back in August. I would appreciate if you could list a sequence of steps I should take in your opinion.

There is another issue, I have been arrested on child neglect charges seven years ago (in the US). I left my son in a car while I ran to the store for a few minutes. It was a dumb thing to do but nothing bad happened and the charges were dropped, I do have an arrest record as a result though. I was wondering whether this could impact diversity visa application more than I-485 filed after EB-2 or is it the same? I want to minimize the negative effect it could have on any of my applications and would like to hear your opinion on which path had a better chance of success.

Thank you in advance

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New Member
Dear Rajiv Khanna,
Our EAD is expiring on 10/28/2017 .How many days before the expiration we can file the extension. There is conflicting information from USCIS web site . At one place it says 180 days before expiry Vs other place it says 120. Please advise the correct data.
Thank you


New Member
My OPT EAD expires in 15 days. I have applied for I20 opt extension from my DSO but they haven't issued me yet saying my SEVIS is pending from USCIS.

DSO said that they submitted 3 requests to USCIS to update my SEVIS but they have rejected all of them. As SEVIS is not updated DSO is not issuing me I20 opt extension.

And also DSO doesn't have any information on what is the reason for SEVIS not getting updated??

In this situation what can I do ?? Whom do I need to follow up with ?? When I called USCIS customer care, they are not able to help me on SEVIS.

Please provide your valuable inputs as I have less than 15 days before my OPT EAD expires.



New Member
FAQ: Can I still retain my priority date, if my I-140 was approved then revoked by employer before 17 January 2017?

My I140 was revoked per employer A's request in 2014 after I transferred to employer B and the original 2011 priority date was not retained in the new I140. After my attorney contacted USCIS three times I140 online case status changed to name was updated and then approved again. Amended approval notice was not sent and my attorney now says per the new Jan 2017 rule priority date from revoked I140 cannot be retained as the rule is not retroactive. Please advise if I can still retain the original priority date.
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New Member
Hi Rajiv Ji,
Thanks a lot for taking my question in the last community conference call about Using EAD invalidates the status.
As you suggested that I have to go out of US and get my H-4 visa stamped, if my I-485 is denied and I will restore my H-4 status again. I have heard that there is a 180-day rule, which counts the number of days you were out-of-status or in violation of status from the date I invalidated my H-4 status. I started working in Jan 1, 2017 and my 180 days will be completed in June 2017, so how does this rule effect me. Do I need to get H-4 stamped before June, 2017, even if my I-485 is still pending? My EAD is expiring in August and I applied for the renewal on the basis of pending I-485.
I did some research on this and it's really confusing. Some websites says "the alien will not start accruing unlawful presence until immigration judge or USCIS makes a determination that the alien was out of status" and some says as soon as you invalidated your status your 180 days period kicks in and you are subjected to the three- or ten-year bar.
Thanks a lot for your help.


New Member
Hello Rajivji,

I'm recently changed my employer and currently on a approved H1B visa and working as a contractor at a client company.
Recently my client company got acquired by another company.
I have a H1B visa stamp on my passport with my previous employer which is valid till 01-Feb-2018.
I'm planning to travel to India in the month of August 2017.
Do I need to go for H1B visa stamping as I changed my employer?
If yes then, do I need to get a new client letter from the acquiring company? I already have a client letter from the acquired company which was given during H1B transfer.

Thank you for your advice.



New Member
FAQ: Current trends in H-1B end client letters

Dear Rajiv Sir,
This is my second year on H1B and my H1b visa is valid till Aug 2017 with Valid 194. My Extension was filed on oct 2016 normal processing and now I got an RFE on 22 May 2017. for the RFE I received last time ( Dec 2016 for amendment), I had submitted all documents like SOW, MSA, Client letter etc. and got an approval. However now due to some organisational changes my Client is no longer providing us the Client letter. Due to recent changes and scrutinizing of H1b applications these days, is there any risk involved NOT providing the Client letter? are there any changes of getting a decline? we have all other documents like Statement of Work (SoW), MSA except the client letter. What is the best I can do? Also what are the other alternatives here.
If I change my employer now will there be any issues in H1b transfer? will the result of my current extension in anyway affect my H1b transfer ( if done before Aug 2017 and after Aug 2017)?

Request your advice. Thanks a Lot!

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Hi Mr.Khanna,
Wondering if you could help shed some light on my friends situation and circumstances..
He is an 20 year old English citizen living in the U.S on an I-94 and on E-2 status.
His E-2 expired last year but his I-94 is valid until October.
He has recently been arrested and received a suspended sentence for the following charges: Controlled substance(drug possession), Burglary, and G.T.A.
He has received a suspended sentence: 2 years of community control(house arrest), followed by 6 years probation.
My questions are as follows:

Can he complete his sentence while illegal?
Can/would he be deported before completion?
Would he be taken off of probation and sent to prison instead, if immigration seizes him?
If he wants to be deported, could he go into Homeland Security before ICE assesses his illegal status, to voluntarily be deported?
Would the suspended sentence (with-held adjudication) be revoked if he were to be deported before completion of his sentence?

Really need an idea of what to expect in his situation and if there are any actions he can take,
thank you for your service and availability, its rare and valued.



New Member
FAQ: Compelling circumstances EAD
Hi Mr. Khanna,
This is regarding a Question on Compelling Circumstances EAD.
1. I am on a H1-B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C.
2. I am Heart Patient and was operated for Heart By Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life).
3. I feel stressed on continually working for 40 hours a week and feel getting a EAD will be like a god's gift and I can use this EAD to work at my convenience
4. Can I get the Compelling Circumstances EAD based on my EB3 I-140 from Company B (2014 Priority Date) since I do not have the EB3 I-140 (2008 Priority Date) from Company A as they did not give me the I-140 document.

1. What are the Chances of me getting this Compelling Circumstances EAD? (I know that I have to give up my H1-B if my Compelling Circumstances EAD is approved)
2. I hear that once a person gets this Compelling Circumstances EAD he/she cannot travel to India. If we have to travel what are the chances of me coming back?
3. What will be your advise? Apply for this Compelling Circumstances EAD or just continue to work for the present H1B Employer

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New Member
Hello Mr Rajiv,
Thank you for taking out the time to help us all.

I have filed my I 485 for my self and my wife in EB3- ROW in March 2017 -- USCIS receive date is 13 March 2017.
My I 140 has been filed in Jan 2017. There is report from uscis since then. Would you advice us to wait or open an SR or take an Info pass ???

Also I have EAD valid till April 2018 but my I 94 will expire in July 2017. Would you advice us to visit Canada or Mexico for an updated I 94 or will we be fine ??

Also Sir I would like to add a question on same lines -- How long does it take for a family member ( brother of American citizen ) to get green card if they are from Rest of the world. Thank You once again.
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Registered Users (C)
Dear Rajiv,
I recently change my employer ( april 2017) but h1b is pending due to the delayed processing time of USCIS. My visa in passport for last employer is valid until July 2019.

The immigration team and the attorney of my employer say that I can re-enter USA after traveling internationally using the previous employer-based visa and receipt of pending h1b petition. To confirm this, I called CBP ( customs and border protection office in california). The officer said that I can re-enter USA after traveling internationally.

But I also went to the Deferred Inspections office in San Francisco - the officer looked at my documents and said that, at the port of entry, the officer might deny me re-entry in the US because I do not have an approved H1B petition.

I am confused by these contradictory remarks from different officers in CBP.

Thanks for your advice.


New Member
Hi Rajiv,

I had applied for I130, I485, I131 and EAD.

Got the 'I131 approval notice' on 5/19.
I still have not received my combo card yet! We plan to travel out of the country on 11th June 2017. Wanted to know if its ok to travel with I131 approval notice, even though card has not yet been received.

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