Recording Available, June 02, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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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 16 , 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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Hello Rajivji,

Sorry i was not able to join the previous call but i have checked the video later. My 1-94 is going to expire on September 19 2016 and i have my H1 approved Valid through December 19 2018. Which is more than 2 years after my I-94 expired. Do i need to go for stamping to extend my I-94?

On DEC 18th 2015 I came back to USA on H4, at that time my old passport was expiring on September 19th 2016 so the Immigration Officer approved my I-94 until September 19.
Later i applied for H1 and it got approved on Feb 2nd 2016 and My H1 is valid until Ending Validity Date: 12/19/18 with I-94 number in it.
I renewed my passport now and i have validity until 2026.
Question: Do i have go for stamping again to extend my I 94 validity? Or since i got new I 94 with my H1b is that good enough.
Please let me know the details.

Hello Rajiv ji,

Here is my situation.

1. i got my I-485 approved on April 2016 thru employment EB1 category and both me, wife got GC.
2. We got our children (twins) on March 2016 in India a 25 days before a became a Permanent Resident.
3. I am back in US and filed I-824 follow-to-join. My wife and kids are still in India

1. How long does it take to get I-824 approved and steps involved
2. can I bring them on B Visa or any other Visa while I-824 in processing. If so, do they need to leave US once I-824 approved and come back thru consular approval again ?
3. is there any premium processing for I-824
4. How long my wife can stay outside US as she got her GC in April 2016 but she traveled to India in Jan 2016 on EAD, which was valid then until Jan 2017. This is in case my kids i-824 takes longer and my wife's status may also be in risk.
5. Also are there any post GC conditions on EB1C as continuing with the same employer, any revocation conditions and consequences.

Thank you very much Sir for your help.
FAQ: Successor in interest, effect of location change on green card

Hello Sir:

I had a question in regards to internal job transfer at a different location for the same employer.

I have an approved I-140 petition for Eb-3 category from my current employer. My priority date is in 2009 and is not current yet. A few years ago, my company merged with another company and is now doing business with the new company name. This new company has additional locations and I would like to transfer to another city in the same state in this new company for the same job position. My company has been extending my h1- b under the AC21.

  • I understand that, my employer would have to file a new LCA and an H1-b amendment for the new location; could you please confirm.
  • However, how would my green card petition be affected; Can it be amended for the new location or would they have to do a new I-140 petition or does it remain unaffected since techanically it is still the same company?
  • Could you please advice the best approach or if it is even advisable to change job locations.

I would really appreciate your guidance.

Thank you so much.
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FAQ: EB-5 investment-based green card loan, collateral, ownership

I have questions on the EB-5 investment Green card process :
1. Do we need to have $500k in cash or can we also take a loan to file GC in EB-5 Investment category ?
2. if we are allowed to take loan, do i need to put any collaterals against it and can it be from anywhere in the world ?
3. If loan/collateral is not allowed, do we need to show the $500k while filing or when we file to remove conditions after 2 years ?
4. If i have partners who wants to invest 50% and i do the rest 50% , Will i be eligible for EB-5 ?
5. After filing how long does it take to get the GC?
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Question on H1B Amendment :
I recently moved from Phoenix to Raleigh and filed a H1B Amendment through my current employer and working at a new client site in Raleigh.Right Now I am in Raleigh, NC and my H1B relocation amendment is pending. if I move project to Charlotte, NC, do I still need to file new Amendment ? as it is still in NC state only. I will not be relocating to Charlotte but will be commuting from Raleigh to Charlotte.

2. If i want to work for a Phoenix client or any other out of state client remotely from Raleigh, NC and still with the same employer, do i need to file H1B Amendment ?
Hello Sir, I have a question if i am eligible for cap exempt category of H1B.

I worked with employerA in the past in US under L1B for 5 yrs and after exhausting 5 yrs in L1B, employerA applied for H1B under cap in 2012 for 1 year term[valid till Nov 2013]. After approval, I transferred that H1B to employerB and worked in US for 1 yr and then after completing overall 6 yrs [5 yrs in l1b+ 1 yr in h1b] i returned to India in Nov 2013. Since then i am working with employerB in India. Since i completed 1 yr outside US in Dec 2014, last year employerB did an analysis if i am eligible for cap exempt category and said I am cap subject. This year same employerB under different attorney analyzed my case and are now saying that i am eligible for cap exempt category of H1B and did not file under cap. Basically they are saying that i used only 1 yr of my previous H1B petition [filed under cap] and i can reclaim the H1B petition now under cap exempt category since a) i am claiming from outside of US b) i completed 1 yr outside US to reset 6 yr clock c) my previous H1B was filed under cap and is within last 6 yrs.
a) I am trying to understand if i am cap exempt eligible or if employerB is wrong this time in their analysis.
b) Also if i take a chance and go to stamping as per employerB are there chances of getting rejected in stamping due to this cap exempt confusion?
FAQ: How soon can I leave the employer after green card approval

Hello Rajiv Ji,

My GC is under process under EB1-Manager of International Company and expecting it in couple of month.
Can I leave employer as soon as I get my green card based ? Is there any condition by USCIS to remain employed by same employer for certain duration once I receive Green card. Any revocation conditions and consequences will happen if I leave employer?

Thanks in Advance.
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Hi Rajiv,

I got my GC in the month of March. I am still working for my petitioning employer(2 months completed). I do have a job offer now with better pay and benefit with a new company. Is it safe to accept this new offer or do you recommend to stay with my petitioning employer for some additional time? If I need to prove my intent to stay with my current employer in the future what sort of documentation should I collect to be on a safe side? My new job offer is on the same category as my current job. It is just a better offer than what I have currently.


FAQ: DUI/DWI visa revocation

Hello Sir,

I'm on H1-B visa and my I-140 got approved in 2011. I'm with the same employer since I'm on H1-B visa from past 9 years and he applied for H1-B renewal last year on 08/23/2015 normal processing and my case got approved after 8 months on 04/26/2016, it's good till 06/2018. My Wife is also on H1-B visa and didn't started applying for her GC and her 6 year H1-B will expire on 09/30/2017, currently her H1-B is valid till 01/2017.

I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.

Now recently I started hearing about DUI conviction and H1-B revocations. Even though my H1-B renewal approved on 04/26/2016 and is good till 06/2018 I'm worried about revocations for the DUI offense. I'm planning to apply for H4-EAD to my wife and want to check with you if this is good idea to change her status to H4 EAD or apply GC to my wife as my H1-B may be revoked anytime for having DUI offense. Please advise. Thanks for your time. I'll join the community call on 06/02/2016

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Hi Sir,

I am currently on STEM OPT valid until May 2017. My F1 visa is valid until October 2017. I will be applying for a 7-month extension of STEM OPT in the first week of July this year. Could I travel to India (I am planning to go in the last week of July) and return to US without any problem during immigration? Would my travel also not harm the 7-month extension PENDING application?
Hello Sir,

I’m on H1b status and I would like to open a nonprofit organization in this country and transfer $$$ to that organization and I’m not sure is that legal opening nonprofit ORG? your suggestion is much appreciated.
FAQ: EB-2 for nurses
Hello Sir,
My wife is a BSN (4 year nurse degree) and is been working in USA as registered nurse for the last 7 years.
An agency filed our I-485 in EB3 on July 2007. She is been using EAD to work on all these years. Few months back She is been promoted to the next level as a supervisor role.

is it possible to upgrade the EB3 application to EB2 in this case so that we can expedite the GC process..?
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Dear Rajiv Ji. Thank you for hosting your conference calls. They are very useful. I was wondering if you could answer the following for me.

I am a physician working on H1B and I have two approved I-140 EB2 (one an employer based, the other one is an NIW) with priority dates of 2012. Since I am from India, there is no green card available for me in the near future. My wife also has an I-140 approved from the EB2 route (2012 priority date) and working on H1B as a physician.She has an EB1 applied for in February this year. Her application is reasonably strong and we expect a positive outcome. However I am now wanting to pursue an advanced fellowship at one of the top hospitals in the US. The problem is that at an institutional level, they will commit to recruiting me only if I can show them that I no longer need H1B. Now of course the EB1 green card process may take a few more months (or, in the worst case scenario, may not materialize).

In the meanwhile, I wanted to avail of the opportunity that the new regulations pertaining to H4 EAD offer. I wanted to switch from my current H1B to H4 and obtain an H4 EAD while my wife continues to work on her H1B (as she awaits decision on her EB1 green card) so that I have some independence in being able to pursue another advanced training beginning 2017. However I do not wish to have any break in my current work or any break as I transition from my current job (which is a fellowship training in cardiology) to the future fellowship (due to begin in July 2017, but whose recruitment/ interview is going on right now) due to my switch from H1B to H4 EAD. I was thinking of switching to H4 EAD right away and show them that I no longer require H1B. I am due to meet them in June 2016 to update them about my immigration 'status'. Since they are a very coveted academic center, my failure to convince them of my non-dependence on h1B in future could possibly have them recruit someone else.

My fear is that I will have a break in continuity as I transition from H1B to H4 EAD if I apply either now or towards the spring of 2017. Even if I apply for H4 now and simultaneously file for H4 EAD is it possible that my H4 gets approved before my H4 EAD, thereby making me ineligible to work on my current H1B as I await H4 EAD? Even a month long interruption is critical for me as all these fellowship programs run on a strict July to June timeline, so that as soon as I am done with my current fellowship on June 30, 2017, I have to start my next fellowship on July 1, 2017 without much of a 'gap'. If I break my current fellowship for 'n' no of days I have to extend the fellowship for the same no of days, thereby making it difficult to start my 2017 fellowship in time.

It's a complicated situation but hopefully you can provide some insight.

Thank you,
Abhinav Sharma
Dear Rajiv Ji. desperately need few questions answered.

I recently got laid off from my job and i was on H1b, weeks before my last working day (April 18 2016) i applied for COS i539 h1 to h4 on (Mar 23 2016) and got USCIS case receipt. I have regular pay checks and everything is in order and i was well within status for COS. But now comes the problem, i have requested h4 status from April 18 2016 to Sep 30 2016 which is as per my spouses I797 and I94, the way USCIS is doing delayed processing COS i might not get my H4 status before Sep 30 2016.
I just have 8 months left on my H1b and my spouses H1b can be extended till 2017 March, but the I797 on which i filed COS ends on Sep 30 2016

Q1) If i leave USA on Sep 30 2016 and don't get COS approved till then, will my stay be considered out of status for that period (April to September) and the COS considered abandoned
Q2) I am getting a job opportunity now, if i do h1 transfer and leave USA now to get stamped and abandon my COS, will my stay from April 18 to "present day" considered out of status.
Q3) will all my time (between April 18 and last day in USA) be marked against my H1b time, even though i applied COS and in both above question scenarios had to abandon COS due to reasons.
Q4) will my future visa interviews and green card processing get effected due to COS abandonment and what will happen to my left over H1b time (how will they capture time).
FAQ: What should employees do when employer convicted of visa fraud

Hello Sir !

Thanks for taking my question !

Recently one consulting company in Texas did visa fraud with H1B employees.

Due to which my friend and 100+ other employees went out of status. These frauds got convicted, and jailed now.

I want to know:
- Any relief is available for these employees on Immigration side?
- Can they file (together/individually) something with immigration court or USCIS OR Home land etc based on this case to get green card or at least their status back?

If you can take this case, and need any info my friend can you provide the same.

Regards !!
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My husband and I, have studied and worked in US in the past
We are back in India and working here for the last 3-4 years
We have been thinking of going back to US but were unsure of the rules

Here are some details
I was on H1 B for 3 years 10 months (No GC filed) and then on H4 from 3 years 8 months.
My husband was on H1 B from 4 years 7 months (Labor approved and I 140 was approved while he was working for the 1st company with priority date of April 2008, Labor was filed while he was in his second company)
We travelled outside US while on H1 B ( 2-3 months of total travel)
My husband has a B1/B2 approved and has travelld to US on work 3 times after June 2013

- Are we exempt from H1 Cap ?
- Can we get a 6 year term without H1 Cap ?
- What is the time frame for getting Labor approved ?
- We are both working in supervisor /manager positions in our company and both companies are doing business in India and US . Could we be elligible for L1 ?
- If we go back to US can my husband be able to capture his old priority date if a fresh GC is filed under EB2 ?
- My husband completed his phD from US, he is a manager in his current company and has authored research papers which have been published in renowned journals ...Would he be elligible for EB1 ?
- Would I be Elligible for EB1 or EB1-C
- What are the rules for H4 -EAD?

Appreciate your help
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I'm a Canadian citizen on an H1b visa that expires June 2017. I've only traveled to Canada and Mexico while on the H1b visa, thus have not needed any formal visa stamp due to automatic re-validation since all my travel is less than 30 days. I'm considering a trip to Europe next year prior to the expiration of my H1b visa. Is it true that I will need to obtain an actual visa stamp prior to returning to the US, while abroad in one of the countries I'm visiting? I'm considering visiting multiple EU countries. Do I only need to go to a US consulate in one of the countries to get the visa stamp? Will the US consulate in the European country wonder why I'm asking for a visa stamp in that third-party country?
FAQ: H-1B and green card for a home office/work from home job

I am currently in US on H1B visa. I am considering changing job to new employer. It is a work from home position (in the US) with travel to client sites across the US as and when required. Is this type of job ok for H1B and green card sponsorship?

Thank you,
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