Recording Available, June 06, 2019 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: 20, June 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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Can we have future date in LCA filing ??

I-140 is approved and priority date 2013, My H1-B is going to expired 30 Nov 2019 and my company is planning to file H1-B extension now.
Question: Can we have LCA date from 1 Dec 2019 to 30th Nov 2022 , instead of 1 Jun 2019 to 30th May 2022 ??

By doing this at least we will not lose 6 months in visa extension, please suggest.


New Member
Hi Rajiv,
H1B Amendment Decision Vs EAD/AP Combo Card

Filed Concurrent (National Benefits Center) I485 / I765 / I131 : 215 Days Ago. Still Have not received EAD / AP Combo Card

I have Valid H1B (I 129) until November 25, 2020
I have I 94 until November 25, 2020

Filed H1B Amendment (Location Change / Project Change) (Regular Processing) 200 Days Ago.
Replied to H1B Amendment RFE 15 Days Ago.
Still have not received Decision Yet.

Question 1:

If my H1B Amendment is Denied before 240 Days of applying the H1B Amendment should I exit the Country OR Am I eligible to Stay in the USA (As I have applied for I485 / I765 / I131) (and not work after H1B Amendment is Denied) and wait for EAD / AP Combo Card and start working in EAD after I get the EAD Card.

Question 2:

What happens if I still do not receive H1B Amendment Decision even after 240 Days.
Should I stop working in H1B from 241 st day?

(I do have a H1B Transfer which was approved (but have not joined the employer) recently that was applied after the H1B Amendment was applied)

Please advise
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New Member
Hello Rajiv,
I wanted to know if it’s mandatory for candidate to disclose the PERM processing(though it’s not approved) for future employment/ GC through employer A when he/she is applying for H1 through other employer B.


New Member
Hello Rajiv,
1. I'm working for a company A in US and my company filed my GreenCard in EB-2 and i got my i-140. After 6 months I got an job in Company B in US as Manager. Company B sent me to another country for deputation as Manager for 1 year and returned back to US.
2. I'm working for a company A in US and my company filed my GreenCard in EB-2 and i got my i-140. After 6 months got promoted as Manager and completed deputation for 1 year as manager out side US.

Am i eligible to file my GC in EB-1 in above scenarios?


New Member
Hello Rajiv,

I am a US citizen. I am sponsoring my husband who is a permanent resident of Canada based on Family based green-card. Just recently my I-130 petition was approved and I am currently awaiting case number from NVC. Meanwhile I am preparing my financial documents for I-864 ( Affidavit of Support). According to the minimum income requirements, the required income should be $21,137 USD (for 2 people).
But I am currently Unemployed. Although my most recent income on my IRS tax-transcript is $13K USD ( for tax year 2018). So I am falling short of ~ $9K USD from minimum income requirements. Now according to the rules I should have assets of 3 times the difference( me being US citizen) i.e. 3 * 9K = 27K USD. I have assets in my savings account of $25K USD ( to be included in I-864). And my husband whom I am sponsoring has savings account assets of $20K USD in Canada ( to be included in I-864).
So, In summary, my current income is $0 and I am trying to bridge the difference ( ~ 27K USD) of my most recently filed IRS income with mine and my husband’s assets(~ 45K USD). Are our assets enough for the application or we would need to find some financial joint- sponsor ? Do you see any potential problems in our application from financial standpoint?

Thank you very much!
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New Member
Hello Rajiv,

Currently I am on TN which will expire in Sept 2021. I am planning to apply for green card through the IR5 path (21 years old son, US citizen sponsor his parent) next Oct 2020.

1. If I submit the application in Oct 2020, my TN status would not be valid immediately since TN NOT allowed to have immigration intent? Or I can still work in US with TN while waiting for EAD and GC approval?
2. If for some reasons I did not get my EAD before my TN expires, does that mean I cannot renew TN since TN not allowed immigration intent?
3. How long to get EAD for IR5 processing as of now? Normally speaking. Thanks.
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Hi Rajiv,

I was selected for DV 2020 (Region ASIA, rank low 3000) I am currently in USA, TX under TPS for Nepal since 2015. Before that I was out of status for less than a year and more than six months and I have worked without the authorization in the past. So after consulting with many attorneys, I have reached the conclusion that getting Greencard via DV lottery via AOS is not a favorable option for me. So i have decided to go for consular processing in Nepal under TPS advance parole. Will the consular still have authority to deny my visa citing Grounds of inadmissibility even if i travel in TPS AP? Are there any bar for me to adjust status via consular processing? In short, am I still eligible for greenard via DV lottery. I entered US legally in F1 visa and I have lived for 17 years in US, have a 5 yr old USC child, and wife in TPS as well. I have traveled to Nepal last year in TPS AP. No criminal history, good academic records from US colleges, currently working. The only concern is 10-11 months of Out of status period in 2014-2015 before being granted TPS in 2015.


New Member
Hello Rajiv ji,
I have a question on I-94.
My previous H1B expired on May 30 2019. My employer filed for extension in February 2019 and got the approval in the same month. My new I797 has I-94 validity dates FROM June 01 2019 TO May 30 2022. There is a one day gap (May 31), will this be an issue? Please let me know.

Thank You!


New Member
Hello Rajiv ji,

I have temporary EAD, based on I-140 approved and I-485 pending for more than 180 days . I want to work using EAD. Is there any restriction on kind of job that I can do, using this EAD ? Is AC21 filing required, when changing jobs from h1b to ead ? What are the steps involved in AC21 filing. Please let us know.

Thank you,


New Member
Hi Rajiv,

I am currently working in US on H1b. I wanted to adopt my relative son and bring him to US immediately? is it allowed to bring him on H4 visa immediately or is there any wait period before I can bring him here? Please let me know the steps I should follow for this process.

Thank you.

Vishal Goel

New Member
Dear Rajiv,

I have a question about EB1A green card (self petition) category. My wife is a physician and she might qualify for EB1A. However, I have my current EB2 application (Priority Date: Mar 2010) in process (I am in technology). I'd like to know a) Can my priority date be ported to her application if we file her EB1A application and b) Do you think we will benefit by filing a separate EB1-A application and going through the process/expense given my current application priority date?



Registered Users (C)
Thanks for your time, Rajiv !!

My question is about marriage based green card.
My friend had previously married to USC and she filed I130 for him. They attended 2 interviews together. I130 was denied. Eventually They got divorced. Now he got USCIS email that same I130 denied case was reopened for review upon court order.

So, I wanted to ask:
- Whats this court order; Is it specific to his case or some general court order? Are you aware of such court order going on? Any way to find out?
- What should he do? He doesn't have any status currently.
- What would USCIS's their next step; and how he can be prepared?

Appreciate your help!!


New Member
Since 12+ years I am performing these job duties - User Centered Designs, Human Computer Interaction, User Interface Design, User Experience Design. Part of job duties involved in User Research and Usability Study.
Which SOC code goes well with associate degree to perform above duties and will help to avoid H1 RFE.

Appreciate your help.
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