Recording Available, May 24, 2018 Community Conference Call with Attorney Rajiv S. Khanna

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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 07, 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
Hello Rajiv Ji,

I am working on 485 AOS EAD and did AC21. i joined a company before 2017 ie around 2013 and did not change the company since then.Now my EAD is coming to renewal state. I would like to know when do an Re-newer need to submit the Supplement J . In short should i submit the Supplement J along with the renewals..
Hi Rajiv,

Thank you for setting up this conference calls. Listening to it is very helpful.

Brief information about my scenario.

H1b 6th Year Expiration : 11/28/2018
PERM Applied: 8/9/2018
PERM Approved for EB-2: 1/26/2018
I-140 EB-2 Filed: 4/25/2018 ( premium Processing )
I-140 RFE received : 5/8/2018 : The RFE is related to the "ability to Pay" & my company and attorneys collected all the documents related to company taxes and financials along with my Paystubs. They are going to respond to the RFE by today 5/11/2018. My application is the only Green Card application in the company and the company is doing good financially.

1. Is it normal to receive RFE with ability to pay ?
2. Is premium processing caused my application to go RFE, since USCIS needs more time? or its genuine and common request in i-140.
3. Probability of my case to suceed to get my i-140 approved?
4. Can I extend my H1b taking the scenario that my I-140 is pending?

Note: I have a travel planned on 24th May. If I dont attend, please continue without followup of my question.

Thank you so much for helping in this community call. It gives hopes.

Pramod K


New Member
Hi Rajivji,

Below is my case background in chronological order:

1) Arrived in US on H1B visa : 25-Feb-2012.
2) Completion of 6th year (on H1B): 31-May-2018.
3) Joining date with current employer: 25-Mar-2017 (after receiving the H-1B receipt number) and while my H-1B petition (premium processing) was in process.
4) 1st GC PERM filed priority date: 30 March 2017.
5) RFE from USCIS on the H1B application: While responding to the RFE the attorney asked for an additional year of H-1B extension citing that by the time I complete my 6th year on H1B, the GC PERM would be already 1 year old. The attorney also provided the PERM information and the documents requested for clearing the RFE.
6) H1B visa got approved for 2 years with expiry date: 31-May-2019 (1 year for 6th year on H1B and another year for the PERM being in process)
7) 1st GC PERM application with priority date of 30 March 2017 was withdrawn.
8) 2nd GC PERM filed with a priority date : 15-June-2017.
9) Traveled to India in early Jan 2018 for 20 days.
While re-entering US showed the approved I-797 with expiry date of 31-May-2019 to the CBP officer and got I-94 with an expiry date of 31-May-2019.
11) 2nd PERM with priority date of 15-June-2017 has been denied and my employer is going to appeal against the denial.


1) Can I continue to stay in the US until the I-94 expiry date of 31-May-2019 and that would mean staying after 6 years on H1B.
2) What is my legal status.
3) Would the PERM go in pending status after appealing against the PERM denial?
4) If yes, do we need to file an H1B extension with the 2nd GC PERM with priority date of 15-June-2017 as the older 1st GC PERM (with priority date of 30 March 2017) is already withdrawn.

Thank you for your help.



New Member
Hi Sir,
My employer applied Labor PERM in March-2011. While applying my employer entered my master degree completion year as 2003 instead of 2002.
Due to some other reason, my labor was denied in January-2012.

so immediately we applied in BALCA for appeal and mean time April-2012 we applied another PERM and it was approved in Jan 2013, and applied I-140, and it was approved.
The current H1B extension is based on the I-140 (2012 PERM).

Last week the BALCA case(2011 PERM) also approved. Now we are preparing to file I-140 for this PERM and found a typo in my course completion year.
I completed my graduation in 2002, but my employer entered as 2003. Does this give any issue. Do I need to refile it or do we need to send message to USCIS about typo error while filing I-140?


New Member
Dear Sir,

When I filled my DS 260 form I answered NO to question “have you very been arrested or convicted for any offense or crime ... ?”
I completely forgot to mention I had two parking tickets( non moving violation , more than 10 year old) which I had fully paid( it’s value was 30$ each). I got my GC through CP , will this mistake is serious?

Will it cause problem in GC renewal.? At the time of GC renewal do I need to mention this mistake( if yes then when and how to correct this mistake.)
at the time of GC renewal does parking ticket comes up in USCIS background and biometric check? Will USCIS know about this mistake?

If I apply for US citizenship in future, do I need to mention this two parking tickets in N 400 form( if yes will it be a problem if USCIS then found out that I didn’t mention this information on DS 260 form.

Thank you very much.


New Member
Dear Sir,

My wife H4 EAD is expiring November 4th 2018 and her H4 is expiring in year 2020. I was not aware that i can file H4 EAD with H1 extension last year since at the time of filing the EAD was valid for 1.5 years. The difference in dates were due to my H1B amendment when i change my client i was given H1 only for 1 year and subsequently in few months i applied H1 + H4 extension last year around June 2017.

My question is since the EAD processing times currently takes almost 5 months now. Can i apply for H4 EAD 1st week of June i.e 150 days prior to expiry?
Also, there is a rule coming ( i hope not keeping fingers crossed) this summer about taking the H4EAD so i am hoping to apply early if in case its possible.

Thank you for your time and appreciate your response


New Member
Dear 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 10 years. I recently got my H1-B extension approved till 02/05/2021.

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.

Last time I went to India in 2013 and attended in person visa interview at Hyderabad consulate. During the interview, I got 221(g) and visa officer sent me to panel physicians and asked me to submit all medical tests reports. I submitted the reports and got the approval after 2 months. I'm planning to travel again this year in July and want to check with you if there is anything to worry about ineligibility to re-enter because of DUI and also worried if they might reject my visa with DUI arrest. Please advise. Also, I got arrested for DUI in Atlanta, Georgia but currently I'm living in North Carolina. Do I need to get any additional documentation other than what I carried last time when I went to stamping. Appreciate your response.

Thanks for your time.


New Member

Sub: Employment Based GC based on cross chargeability using my spouse's COB

Hi Rajiv Sir,

Here is my timeline for my EB2 485 application based on cross chargeability using my spouse's COB

JULY-27-2017 485/765/140 RECEIPT DATE
AUG-08-2017 140 APPROVED PD: 12/27/2013
AUG-16-2017 FINGERPRINT taken
DEC-15-2017 WE BOTH GOT EAD AP COMBO card approved

Expecting m interview notice soon if there is one.

Q1) Heard from USCIS call center that this interview requirement is not for all EB applicants- But for certain- But do you know their selection criterias whether to call for interview or not?
Q2) We are now going through a divorce (currently sepearated & spouse living in her home country - not divorced yet), spouse is not willing to attend the GC interview. Would my GC get rejected because I used her COB for chargeabilty? If yes how can I prevent that from happening?

Thank you so much sir for all your help.


New Member
Hello Rajiv,

I am on H1B (with approved I140) and my parents have a 10 year B1/B2 visitor visa. I would like to sponsor my mother as a nanny to take care of my newborn(US citizen) and I hear there are possibly some provisions (J1, B1, H2B) for that. Can you please advise if this a reasonable approach or does this pose a risk to my H1B or my parents current visa status. And how long is the allowed period of stay if we are able to sponsor her as a nanny? I would also like to know if you have experience with these kind of cases so I can schedule a further consultation.

Thanks for your help.


New Member
Hi Rajiv Sir,

I Hope you are doing well.

-> My I-485/I-131/|-765 was filed by my employer(ABC Corp) on Dec 11, 2017
-> RD in the USCIS notice for all three applications is Dec 14, 2017
-> I left (ABC Corp) on Dec 18th, 2017 for another employer (H1b extension based on approved I140). My job duties and everything else is in similar category
-> It has been 160 days since the I485 application has been pending.
-> I have received the EAD card (Still working on H1b) and no RFE so far and case has been transferred to NBC from NSC two weeks ago.

My question is when should I invoke the AC21? Should I wait for an RFE or should I file it after 180 days? I saw one of your youtube videos where you mentioned that it is safe to invoke AC21 after 150 days.

Please advise.


New Member
Hello Sir,
I am currently on H4 EAD valid until Sep-2020.
I am working on H4-EAD for client - A through Employer-B.
Employer B has filled my H-1B visa this year and I am selected in the lottery.
Now Client-A has offered me a full time position which they want me to accept soon and cant wait till Oct-2018 or until my H1-B is approved through Employer-B.
I want to accept this full time position without jeopardizing my H-1B.
Employer -B maintains good repo with Client-A and is aware of this full time offer and agreed to not withdraw my H-1B.
Client-A will file for transfer application once we will receive H-1B approval notice or on Oct-2018.
Q) How exactly the whole procedure will go?
Q-1) If I accept this full time offer now, does Employer-B has to inform USCIS that I am no longer working with him??
Q-2) What happens if I receive an RFE in H1-B approval? How Employer-B will handle it if I am not working for him anymore?
Also please educate me about other if and then scenarios that could possibly happen in this case.
Thanks a lot.


New Member
Hi Rajiv Ji,

Thanks for you help to larger community.

I was on L1A and recently got H4 COS and EAD approved based on my spouse I-140.

My wife already has H1 stamped till Jul 2019. I was planning to go for H4 stamping but recently my wife’s project changed and her employer filed for H1B amendment.

1. Can I go for H4 stamping based on her current approved petition/H1B visa or I need wait until Amendement approved? If I can go, which petition number I need to use , approved or in-process?

2. I am planning to go to Canada as US Consulate mexico does not take 1st time visa from third party national. Can I go to any US consulate in Canada for H4 stamping or I need to go only to consulate which take TPN for new visa?


New Member
Hello Rajivji,

Thanks for your continued help to the community. I have follow up question from the previous conference call (question #15):

1. Since I have one foreign address on my N-400, will that trigger a security clearance from India as well?
2. If I do mail the withdrawal letter for N-400 (let's say today), how soon will I be then be able to re-apply for N-400?



New Member
Hello RajivJi,

Thanks for help and support to the community. I have few queries related to the potential situation I wold be getting into in the next couple of weeks and needed some guidance on that

The situation,
I am currently on H1B, working at Client location in city A. 6 years of my H1B expires in Oct 2019. My PERM is in progress. I may have to relocate to a different city B, as a result of my wife's work related transfer who is on L1A, to be with them. If I move to city B, I would be working from home, still supporting the same client (located at A) and will be traveling once for a week every 6 months to the client location.

1. Do I need to file for amendment as a result of moving to city B and start working from home? If yes, does it change my work location from City A client office address to city B Home address?
2. Does it impact my PERM processing? Anything changes with the way my PERM case has been prepared?

I guess, am trying to understand what would be best foot forward given the situation am in to avoid short term, long term risks and impact on the chances of PERM approval? Also, Had this move from city A to B was carried out after say 3-6 months from now, would it have changed anything?



Registered Users (C)
Hello Rajiv Ji,

Thanks for your continued help to the community

According to some news Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division mention EB2 and EB3 india priority date will have forward movement in coming visa bulletin, based on 485 inventory do you think how far this movement can happen, or can we expect any drastic movement in coming months, do you think it going move until August 1 2011 which i my priority date any time sooner?
Dear Rajiv,

I have this situation that I am really hoping to have your advice/opinion.

I transferred my H1-B to employer B from A in June/2016. Received approval for 3 years. Valid until (2019/June)

Joined Employer B worked for a while and then moved to a new location, employer B filed an amendment and the validity was reduced to be March/2018.

Employer B filed extension when it was close to expiry date and was working on receipt notice.

Received RFE, responded and denied. Waiting for notice from USCIS.

Employer A has not revoked my petition yet and valid until Aug/2018. Spoke to them and they are okay with onboarding me back. They are checking with their attorney to see if I can just go back by filing an amendment or do they need to file a transfer again.

I am having the same question that I am hoping experts out here can help with.

Can I go back to my previous employer without having to do the transfer because h1 -b and i-94 are valid until 2018/Aug?
Or do they have to do start the transfer again?

Also if a new employer C files my petition in consular processing mode, Can I travel back with the stamping received through employer A ?

More info: I am out of status with the current employer as my h1-b extension is denied.

Thank you so much.
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