Recording Available, June 07, 2018 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: June 21, 2018
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
Hi Rajiv,

My wife is currently on H4-EAD. Her employer has filed for FY2019 cap H1-B consular processing and got her reciept notice recently. We are planning to go india in may next year and let us assume her h1b is approved by then. Both our VISA stamps are already expired. When we go for stamping can she opt for H4 stamp instead of h1b? She does not want to activate her H1 yet and its only her backup option if h4ead rescind rule passes. If yes, how long is it safe for her to be on h4 without any impact on her h1?

Thank you for your help.


New Member
Dear Rajiv sir,

This is a follow up question from last conference call. Thank you very much, for clearing doubt regarding my parking ticket question.

While me and my spouse are thinking about applying for citizenship we ordered certified copies of our driving record from places we stayed in USA. To our surprise we found out that my spouse had one speeding ticked issued in year 2003 for which fine is paid on time. She completely forgot to disclose this traffic ticket(which is civil traffic infraction, 0 point on driving record( driving record says safe driver), plead guilty, adjudication was withheld, No arrest nor fingerprinted and didn’t went to court but paid fine online of 82$).

While filling our DS 230 she replied NO to question have you ever convicted, charged ... with offense or crime.?
This ticket was non criminal and was totally out of our mind to disclose. It was an honest misunderstanding and mistake and we never thought traffic ticket( in her case minor civil traffic infraction) has to be reported in ds230 and DS 260 form at the time of consular processing GC approval. This is the only traffic ticket she got. She do not have any criminal background.

Does this minor civil( non criminal ) traffic infraction considered a offense or crime where maximum penalty is Not arrest but a fine of 86$?

Now after GC is approved long back it’s time to either renew GC or apply for citizenship.

My question is

This mistakenly undisclosed civil traffic infraction at the time of GC approval, will it cause problem in GC renewal after 10 years?

Can USCIS find out about this traffic ticket during biometric?
If yes will it create problem in GC renewal considering that it was minor traffic infraction (civil where maximum penalty is not arrest but a fine of $86)

If she apply for naturalization then she will have to list that ticket in N400 form. Do she have to specially write in front of this traffic ticket that it was not reported previously on GC application?
Will there be a question from officer about why she didn’t disclose it at the time of GC application? Is this a very serious problem?

Does USCIS biometrics checks for minor traffic infraction with no arrest which is not related to DUI, misdemeanor or anything like that?

What is safest scenario for her, apply for citizenship and mention about her previously undisclosed traffic ticket or apply for GC renewal?

Thank you very much.
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kamesh reddy

New Member
Hello Rajiv Sir,

First of all, really appreciate your effort in taking time and helping people like me in finding answers to many of the complicated immigration questions.

Currently my I-140 processing is in progress and my employer might be filing it in early or mid June 2018. I have my current H1B petition valid till June 30th 2018. Based on the time spent outside USA, i have 27 more days(to reclaim) to reach my H1B 6 years Max out, which is July 27 2018.


1. Should i apply for extension to reclaim 27 days now or wait until close to June 30th and file, depending on I-140 status?
2. If i get my approved I-140 after i file extension to reclaim 27 days, do i withdraw the extension petition and reapply for extension with I-140 or is their a provision to amend the petition with I-140 approval?
3. If i don't get my I-140 approved before July 27th, how long before should i leave the country?

Appreciate your response!!


New Member
Hello Rajiv Sir,

While out of US, there was a deportation proceeding initiated by USCIS, because USCIS thought(error ) that I was working/ staying in US with my expired H1b. Later after explaining that I am out of US , Immigration court terminated deportation proceeding without prejudice. After that I came to US on green card.

If USCIS never found any other additional/different negative information about me after GC is approved, can USCIS put me into deportation proceeding again based on Exactly Same Facts (that I worked/stayed with expired H1b in US) on which Immigration court previously terminated my deportation case without prejudice?

Appreciate your response.

radha Thummala

New Member
Hello Sir,

My PERM is approved and we are waiting for an PERM hard copy to file i-140 and i have 3 years degree(B.Com) with 12 years exp, i also have US masters degree(but this cannot be used because it was completed after the PERM submitted).

My question is because the minimum level required is Bachelor's and i have 3 years degree would i be eligible for atleast EB3-skilled worker?, My PERM says,

H.4. Education: minimum level required: Bachelor's
H.4-B. Major field of study: See H.14.
H.10-B. Identify the job title of the acceptable alternate occupation: See H.14.

“Bachelor’s Degree or foreign equivalent*in Computer Science, Electrical Engineering, Computer Information Systems, Software Engineering
or a
related technical field followed by five (5) years of progressively responsible experience with software design and development.
Master’s Degree or foreign equivalent* in Computer Science, Electrical Engineering, Computer Information Systems, Software Engineering or a related technical field and three (3)
years of progressively responsible experience with software design and

“*Any equivalent combination of education, training and/or experience as documented by a credentials evaluation provided by a reputable credentials evaluation service will be accepted.”

According to my Attorney because of the above verbiage(*Any equivalent combination of education) i do qualify for EB3-skilled worker is it true?

Thanks in advance And Appreciate your response,
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New Member
FAQ: Can EB-2 approved file for EB-3?
Hello Rajiv ji,

With speculations that eb3 may go ahead of eb2, can we port down to eb3 from eb2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose exising approved eb2 petition?.

Thanks for all the help.

Hi Rajivji,
Thank you so much for your service. I have the following question:

I am currently holding I-140 in EB2I with priority date of Dec 2009. Looking at the current predictions, I may be eligible to file for i-485 after 2 years approximately. However, EB3I seems to be promising at this moment. Predictions are that EB3I will be moving ahead of EB2I and may reach anywhere in 2010. Here is my plan of action: if EB3I becomes current even before EB2I, I am planning to file a new I-140 with the same PERM in premium processing. Once this new I-140 in EB3 gets approved then I can also file my I-485. If anything happens with new Eb3, I am still good with my existing EB2 140, as my employer still holds it valid. Do you think, this as a possible course of action? Do you see any hiccups in this approach? If there is any better approach, please suggest.

kumar sena
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New Member

Thanks a lot for the service you are offering.

I am on H1b visa with I-140 approved and my brother also on H1b visa with I-140 approved. My mom is a divorced and living alone in India. She used to travel in visitor visa every 6 months to stay with us. Is there any way we can make her stay for longer duration till we stay here?. I heard, she can come in visitor visa and we can keep on extending every one year. Is it recommended, considering we will try for her greed card once we get citizenship. Is there any other visa category we could try.

Since she is traveling to US frequently (6 months in US and 6 months in India), how will the POE consider this? Could you suggest what would be the acceptible duration she can stay in India before again traveling to USA.


Puneet Agarwal

New Member
Dear Rajiv,
I already have a green card which is valid until 2021. However, I haven't been physically present in the USA since past 5 years. Therefore, my 1st question is - now to enter USA and resume permanent residence what are my options? My another question is - if the procedure is a bit time-consuming, is it possible for me to get a general category regular visitor's visa for a quick visit (say: to attend a professional conference)?
Thanks so much for your kind help,


New Member
Hi Rajiv,

I am on H1B (Expires on oct 2018) and my spouse is on TN Visa which is valid up to 2020. We decided to do premium processing for my H1B Extension with H4 EAD and also change of status request for my spouse (My spouse Change of status request start date from may 2018). We got approval on H1B Extension with H4 and EAD.

Points: 1. EAD is starting from May 2018.
2. H4 is starting Oct 2018 which is same as my H1B Extension start date.

1. Since we applied change of status request from May 2018, does my spouse is in H4 status NOW?
2. Can my spouse work with this EAD card since it is valid from may 2018?
3. If not, Does this OLD TN visa still valid?
4. If TN visa is valid then what is the best options if my Spouse wants to change the JOB today?

Thank you,


New Member
Hello Mr Rajiv,
I was approved tourist visa to USA in 2005( in the application i think i had mentioned that i am visiting my friend, and put my fiance name who was already GC holder) . I then married him ( note he was already GC holder and hence i could not come to USA on depandant visa) same year and entered USA on tourist visa.I then converted to H1B and did not go out of USA till i got my GC based on spouse GC in 2010. Relocated same year to outside USA and came back in 2012 to USA on 2 yr re-entry permit. Also have Class C misdemeanor that was later expunged and its been 8 yrs since the crime. I plan to now apply for citizenship. I am eligible to apply for citizenship based on 3 yr spouse US citizenship and also based on 5 yr GC holder criteria. I would like to know if i need to hire attorney for my case to apply for citizenship or i should be good to just file online without having to go through attorney. Should i expect my citizenship process and interview to be very complicated due to the way i entered USA ( with intention to join GC spouse) and due to criminal case in past?
Thank you


New Member
Hello Rajiv
It was glad to be in this forum.
Question 1:
Dec 2016 I entered into USA with L2-EAD and I've been working on L2-EAD on and off from 2017. I even Has H1B stamped and approved from Other consultancy 'A' with I-797 before I enter into USA. Now I would like to work for Company "B" who wants to do COS [ from L2 to H1B] using my approved Visa. I never worked for Consultancy A so I dont have any paystubs. My question Is Can company B can transfer my H1B along with COS and also Extension [As my H1B is approved till Sept 2018] without any paystubs ?
Question 2:
My Wife is on L1A with Company "D" and we recently filed for amendment from location MO to IL and got RFE, She is in India now due to family emergency so can we simple submit the RFE docs and travel back [she has to go to stamping as her extension is approved recently till June 2019].USCIS gave time till 15 July 2018 to respond the RFE so my question is can she simple go for stamping with just responding to RFE or is she need to wait until the RFE got approved ?

Thanks and regards


New Member
Hello Rajiv Ji,

My H1b 6 years will be ended on Dec 2018. I have approved I-140 with my current employer. There were few changes happening at my client side in regards to the Vendor. I am planning to start my H1 extension after June 20. I will be doing it in Premium Processing. If Vendor gets changed after i apply for my H1 extension will this cause me a problem? Client and Employer will be same. I am not sure how long this transition will take to put my H1 extension on hold. Please give me your suggestions.

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