Recording Available, June 20, 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: 18, July 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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New Member
FAQ: Impact on current H-1B if another H-1B is denied
H1b petition denial and impacts to the current H1b

Hello Rajiv,

I am already on a cap-exempt H1b working for a non-profit full time. Another employer filed my H1b petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer.

my questions are:
1. will there be any impact to my current H1b?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.
3. now, should i have to go back into lottery if the petition is denied?

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New Member
FAQ: H-1B joining another employer while a transfer, extension or amendment is pending
Hi Rajiv,

Appreciate any help in this regard. Below is my question
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer

1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?
2. How long one can stay in US without job/payroll having H1B ?
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New Member
FAQ: When does one become H-1B cap exempt - change of status/visa stamp?
Hello Rajiv,

At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa.
My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year. Please advise.

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New Member
FAQ: What to do about past immigration problems causing a current visa denial?

I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018.
I was asked if:
1) How I didn't think it was weird that there were no classes?
My response - Well yes, that's why I left after a year
2) So what did you do for a year?
My response - waited on more information from the university regarding class timings, and just kinda hung around
3) I was pressed on what I did when I was hanging around, how I paid for things
My response - I worked during that time

The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.

I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.
What are my options ahead? Should I:
1) Re-apply and give it another shot?
2) Wait to become a Canadian citizen, then apply?
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?
4) Hire a lawyer to fight this in court as being unfair.
Just want to know best options. I'm going only to meet friends, and I have no intention of relocating. Thank you!
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Registered Users (C)
FAQ: Downgrading from EB-2 to EB-3
Hi Rajiv,

Firstly thank you for taking the time to provide this service. it is greatly appreciated.


I-485 application: EB2
Priority Date: Nov 10 2009

My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years.

. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

2. Or is it better to wait for the EB3 date to become current before we apply under EB3?

3. If we apply under EB3 and our priorty date becomes current under EB2 can we use the EB2 140? To be specific, can we hold both, EB2 and EB3 I-140 approvals concurrently and use whichever one comes first ?

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New Member
I have an approved I-140 in EB-2 category , which has a priority date of March 2016
My organization filed another I-140 in EB-1 , but my old PD was not retained .

Now we have raised 2 service requests, in past 8 months but USCIS has NOT responded with amended approval notice with old PD

what is the best course of action for us .


New Member
Hi Rajiv,

Me & my wife's I-485s are pending based on my approved EB2 I-140. My wife was able to get an approved EB3 I-140 and then approved EB2-140 through her employer. How can we interfile to be able to use my wife's EB3 PD (which is current right now). USCIS is not willing to listen since our EB2 PD is not current yet.



New Member
Hello Rajiv Sir,

I did post this question before that I have applied for I-485 using cross changeability and I have been patiently waiting for an interview from almost 10 months, you mentioned before that I can reach out to congressman I cant really do anything besides that.

Q> Is it okay to reach out to congressman if I am within normal processing time? I am worried they will reply to congressman saying this case is within normal processing time.
Q> I heard these days if your case is taking too long you should file a mandamus, I filed I-485 in Dec 2017
Current Processing time is still in May 2017
What do you recommend I should do at this point?

Thank you for everything.


New Member
Hello Rajiv Sir,
I am extremely thankful to you for holding these community conference call.
1. In last week my I-526 petition was reaffirmed by USCIS, can you please tell me what are the next processes after this till the visa issuance and how much time will each step take?
2. If I am issued the I5 visa and I want to apply for re-entry permit, then for how long can I stay out of US? On the re-entry permit will I be allowed to do short visits to US to meet my son who is going to US for his higher studies ?

Thank You,
Gajanan Mante


New Member
Hi Rajiv,
Sub: Extension of stay on B2 visa
I am working in the US on H1B visa and my mother is visiting me, she entered the US on Feb 18th 2019 and is scheduled to return on Aug 13th 2019. I want to extend her stay by 4 months so that she can visit some more places and also consult some doctors regarding some ailments. We have already consulted some doctors but we don't have any planned surgery or hospitalization.
So, I wanted to ask that if I want to apply for an extension, would these reasons suffice?
1. What sort of proof/documentation does USCIS need with the application to show why the extension is needed?
2. What is the risk in case of denial while she is still here - I have replies from people saying this would void her B2 visa, is this true? What is the risk if it gets denied after she has already left?

Please advise.

Vijeta Sah


New Member
Hello Rajiv,

Thank You for your time.

1. My H1B transfer got denied from Employer A to Employer B. Denial Notice shows June 13, 2019 as the decision date for I-129 petition. Will I be 'OUT OF STATUS' from June 13,2019 or from the Date we receive the Hard Copy of the Denial Notice?

2. I left my previous Employer on March 20, 2019. As of today, previous Employer Approved H1B receipt number in the online shows below:
Correspondence Was Received And USCIS Is Reviewing It
On April 16, 2019, we received your correspondence for Form I-129, Petition for a Nonimmigrant Worker, Receipt Number. We are reviewing your correspondence, and will mail you a notice if we need something from you.

My I-94 and Visa Stamping from the previous H1B approval is valid until Aug 16, 2020. Is there any advantage in this case? I mean if 60 days grace period applies in this case.

3. Can we refile the H1B Petition and stay with in USA while being on 'OUT OF STATUS'? Any foreseen issues in future immigration if we stay within USA and not work while being on 'OUT OF STATUS'?

4. If Point 3 is true, Can I start working on Receipt Notice legally?

5. What are the consequences if H1B approves in Consular Processing? I have a Valid Visa Stamp until Aug 16, 2020 through my previous Employer.



New Member
Hello Rajiv,
I posted this question last week related to EB-1 eligibility. I would like to rephrase my statement. I understand that, i need to work as manager outside us for more than one in year in the last 3 years. If I start a new job with in US, as manager and then serve 1 year outside US will be qualified for EB1 category?


New Member
Hi Rajiv Sir,

My I-140 has been approved and I-485 has been pending for more than 180 days.
I wanted to change my H1b employer and job from Software Engineer (SOC code 15-1032) to Data Engineer (SOC code 15-1243).
Would this job change meet the Same or Similar Occupational Classifications for Job Portability Under AC21.

Please let me know.

Thank you,
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New Member
Hi Rajiv Sir,

I am currently working in company A. I have an offer from Company B and going to start the change of employer petition. Meanwhile, I am interviewing with company c and if succeeded, will decide to go to Company C. Will there be an issue because I have started the petition for change of employer? Please let me know.



New Member
Greetings Rajiv Ji,
Working on EAD (with AC21) ..Travel out of US when switching the jobs OR on NO company parole advisable ? ..
Pls. advise.


Amit Surve

New Member
Greeting, Rajiv ji.
I am permanent resident (on green card) and would like to understand if there's any legal possibility of bringing my mother and have her live with us permanently, here in USA. Best regards, Amit


New Member
FAQ: Applying for green card while on student (F-1) visa
Dear Sir,
I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?. I always thought that H1B is must for Green card(As F1 is single intent VISA). Need your kind advice.
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