Recording Available, November 03, 2016 Community Conference Call with Attorney Rajiv S. Khanna

Not open for further replies.


Team Member, Immigration.Com
Staff member

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: November 17, 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.
Last edited:


New Member
FAQ: Impact on H-1 if converting to H-4 EAD

Hi Rajiv g

I have questions about H1B And H4EAD.

1. If my current company revokes my H1B, can I transfer H1 to another company?
2. If I will be able to transfer to another company, do I need to go and get stamped in India to work.?
3. What is the process for H4 - EAD?
4. Do I need to go and get stamped in India to h4 and then apply for H4EAD?
5. What is the timeline to get H4EAD and witch is the faster way.
6. If I moved to H4EAD, can I reuse my revoked H1B
7. What will be the process to reuse my H1B

Apart from all, what is the best approach and option to move forward in the present situation.

Appreciate your assistance and time.

Thank You

Hello Rajivji,

Here is the situation,

I am working with company A and have approved I140 and also have approved H4EAD.

If I join Company B,

1. Do I have to file H4EAD along with H1 and H4 transfer again?
2. If company A revokes I140 will existing H4EAD will be valid?
3. How to check whether company A has revoked approved I140? Does revocation involves any kind of fees? As an attorney what advise you give on revocation of I140 to employer(client)?
4. Is it true that if we file H1 Extension(on premium), H4 Extension and H4 EAD (all together) will result in getting h4-ead in premium processing window(2 weeks)

Last edited by a moderator:


New Member
Here is my situation,
I and my Ex got divorced before my I-751 was approved and i remarried my present spouse before my I-751 was adjudicated, with a denial. I waited for an NTA (Notice to Appear) however I never recieved it so i went ahead to file I-130 and I-485 together with my present spouse. My question is am I currently in removal proceedings and will I have to appear before an Immigration judge before my I-485 application will be approved?
Thank you in advance for your response


New Member
Hi Rajiv,

H1B amendment was filed on Mar 2 2016 (Pending). H1 extension was filed on June 30 2016 (Pending). I want to upgrade my extension case in premium.

Will there be any issues if I file H1 extension in premium when Amendment is still pending?
In case my H1 extension gets approved. Can my wife go for stamping in India using the H1 extension approval notice ? Assuming amendment is still pending.



New Member
FAQ: TN work for multiple employers

Hello Rajiv Sir.
First and foremost, thank you for this most helpful service of immigration forum with Q&A sessions.
I am a Canadian working in Texas on TN Status for Employer 1. (TN valid till Mar 2019)
I have an offer to work for a second employer (part time less than 20 hours , evenings and weekends). this is in addition to Employer 1.
So, I plan to fly to Border and apply for second TN for part time work from second employer, for the same job profile and designation.
Offer letter from Employer 2, does state part time work for less than 20 hours per week. And I intend to keep working for Employer 1.

1) Apart from the regular TN papers, should I carry anything additional for the second TN.

2) Is it necessary to show residential ties (own or leased home in Canada) for the TN? I do not own or lease a home in Canada as I am living in Texas.

3) Should I expect any additional documents to support 2 TN need?

4) If I am given the second TN, will I be given a new I94 number, which I can look up online?

5) I do not have educational evaluation for a master degree obtained in India. This evaluation was done as part of Employer 1 TN, which was retained by border person when I got my first TN.
So, do I need to get evaluation done again, or my first active TN is proof that my credentials are verified?

6) In future, if I lose the job from Employer 1 (full time TN), can I continue to work for Employer 2 (part time TN) and stay in US based on the part time TN status.

7) I can manage to work on 2 jobs, because I work remotely from my home in Texas on cloud computers.
So, in future if Employer 2 wants to give me work for 40 hours per week or if another employer gives me work for full time, am I allowed to take up 2 full time TN jobs ?
Will I be able to get a TN status for second full time TN job, without cancelling the first one.

8) for the above second TN (part time or full time), is it possible to do it over mail using I129 without going to border. Or will I129 cancel my first TN?

Thanks in advance,
Krishna Rao
Last edited by a moderator:


Registered Users (C)
Dear Sir,
I am working in US on TN status. My wife is also working for another employer in TN status.
I want to apply for immigration and hence looking into the option of changing to H1 status.

In 2012, I was approved a H1 petition from a Michigan based employer. The petition was valid for 3 years. But I worked for that employer only for 2 months and then returned to Canada.
Then from 2015 onwards I am working back in US on TN status.

I still have the approved petition papers for H1B.

My employer is ok to change my status from TN to H1. Can this 2012 approved petition be used to apply for H1B as CAP-EXEMPT, since I did not use the full 3 or 6 years of the H1B?

also, when I change to H1, my employer will apply for my immigration.

What is the timeline to get into the status, when my wife can get H4-EAD.

Is there a smooth process so that my wife changes from TN to H4 -EAD without gap in employment.



Registered Users (C)
Scenario Question - I 140 Filed and Approved by Employer A - currently on H1B (post 6 years) extended based on approved and pending I 140 - Wanted to change jobs to Employer B : -

1) Employer A does not revoke / cancel / withdraw I 140
2) H1B, H4 and H4 EAD are all transferred and extended by Employer B - based on I 140 approved by Employer A
3) Employer B does not file for PERM or I 140 based on its own job - but job with Employer B is very same or similar to Employer A
4) Successive H1B (and other ) extensions filed by Employer B - until the I- 140 PD becomes current
5) Principal Applicant and eligible dependents file I 485 - and I 485 is then pending for 180 days
6) Principal applicant files EAD (based on AC21) and continues working with Employer B - based on AC-21 EAD.
7) Potentially - the applicant does not work for Employer A at any point - after the H1-B is transferred to Employer B.

Would this be a valid scenario - and what are the potential risk factors / gray areas in doing something like this ?

Thanks so much



New Member
Hi Rajiv Ji.

I-140 approved with employer A in eb3 and then new perm and I-140 approved with emp B in eb2 and soon priority dater will be current.

Porting priority date did not happen in emp b I-140 but raised a service request. Here is the issue. Recently obtained birth cert with new dob and so applied emp B i-140 with DOB from BC. Looks like since old I-140 and new I-140 dob did not match porting did not happen. Now per the service request status new I-140 says DOB changed. This means DOB is back to old DOB as per EmpA I-140 to match the A-number (USCIS beneficiary number). I am assuming this way. Next step they will fix my PD.

This is my status. Only year in DOB is different.

SSN, PP, SSLC, I-140 emp A - 1972
I-140 Emp B - 1972 (I applied based on BC 1973 but they changed it now based on old i-140 as 1972 since I requested porting. -- I don't want to disturb this now as porting is more important.
Birth certificate - 1973

Now when I apply for I-485 What should I mention?
Should I change my SSN before I apply to I-485.

I can't correct in SSLC certificate as it is tedious and I have MCA hope I don't need this for I-485
I am trying hard to change in passport same as BC and since my PP is issued 5 yrs before - new rule doesn't allow to change.

If PP DOB is changed what will happen in future if I travel to US with new passport. Will I be question on the DOB registered with previous travels? I am very much worried even though I took the honest path of producing my correct DOB.

Will you provide service for I-485 -- what should I do for this?

Please advise.

Surya Varma

New Member
Hi Rajiv,

My case background is as follows –
- I have come to US on H4 Visa on Sep 2014,
- I have joined Masters on Sep 2015,
- Applied for Change of Status from H4 to F1 on Oct 2015.
- H4 Visa got expired on Dec 2015.
- H1B was applied on this Student visa (COS to F1) March 2016
- H1B got selected in Lottery
- My Student Visa F1 was denied on May 21 2016 (reason: I-20 was expired in SEVIS)
- College confirmed it’s a system issue – reinstated I-20 and gave supporting documents
- Filed MTR in June 2016 (within 15 days of given time)
- Received H1B application RFE in July 2016
- RFE submitted and got approved along with I-94 on Oct 17th 2016
- Student visa and MTR application status is not changed. Still shows as received.

My humble request for clarification on below points ...
- What will happen if my H1B application gets approved? Will my status changes to F1?
- If My status gets changed to F1? Should I then apply for Change of status to H1B?
- Can I revoke Student Visa application and MTR application now? Will it affect my legal stay during that period? (Jan 2016 to Oct 17th 2016)
- Current I-94 dates started from Oct 17th 2016.
- Please suggest which is the right course of action.

Thank you so much!


New Member
Dear Sir,
I am a Canadian citizen.
I came to US in Sep 2015 with TD status as my spouse in on TN.

In Aug 2016 (2 months back), I received a job offer. The employer applied for TD to TN change of status by mail under premium processing (without going to border).
After a couple of weeks, the application was approved and the employer's attorney sent me approval notice and I started to work.

But when I check my online I94 status, it still says TD status. Is this ok?

How can I get a new I94 based on my TN status?

Also, after a few months, if I lose my job, what should I do? Should I travel to border and get TD status again? Or is it ok reside in US because my spouse continues to be in TN.
If I have to go to border and change TN to TD when I lose the job, then what is the time period or grace period for the same, after my last day of work.


New Member
Hello Rajiv Sir

Brief details of my case.

1) I filed my I-485 (concurrently with I-140) in July 2007 under EB3 ( PD is Nov 2004)
2) My I-140 approved in August 2007.
3) Filed I- 824 in Sep 2007 ( after I-140 approved, but by that time EB3 was retrogressed to 2001) for an action on approval of petition I-485
Aapproved I-140 notice copy and Pending 485 receipt notice and other relevant docs were attached to I-824 petiotion
4) Filed AC-21 in 2009,2013and also in 15 as when changed employer.
5) My 485 approved and GC issued in Sep 2016
6) My children are aged out and now 24+ years old and they are in India and they are all Un-married, as of now.
7) In Oct-2016, I-824 approved after many reminders.

A) I have not filed I-130 for my children.
B) What is the next step by me to get GC for my children?



New Member
Hello Rajiv

I like to appreciate for your effort and support for all of our immigration concerns.

Please let me know of my case.

1. My H-1B has been revoked from Employer-A and date was April 29,2016__the H-1 expiration date was May 2017 (I have 2 more years to get to 6 years of H-1 period). With Employer-A my GC EB-3 priority date was Dec 2014 and it was revoked on June 30,2016 and my last working date with them was March 30, 2016. This means that I lost my priority date since I'm not with them for 6 months or more from the I-140 approved date Feb 18 2016?

2. My GC Labor has been applied through Employer-B, can i use my old priority date Dec 2014 ?

3. New H-1B with Employer-C was in regular process with receipt notice date May 25, is still in processing. I'm not sure whether I'm In-Status ?

4. My Fiancee is GC holder, after marriage If i apply my GC through her as a spouse, how long will it take to get my GC and can I use my Employer-A priority date Dec 2014 ?


New Member
Hello Rajiv Ji,

In 2015 September I lost my H1b renewal from employer A with whom i have my approved I-140. In Feb 2016 I got my H1b with Employer B and i applied for PWD in July 15 2016 and still waiting for approval to go ahead and apply for Labor. My question is in my labor 9089 form i have checked for Masters but it was not mentioned anywhere that i have 6 years experience. My previous I-140 is in Eb2 category. I want the same to happen for through this application. What will be the best way to determine this in 9089 form so i will not have any issues to go with Eb2 category.

Thanks alot for your help always!!!



New Member
Hi Rajiv ji,

Mr. X and Mr. Y holds complete stocks of US incorporated company. Same Mr. X and Mr. Y hold complete shares of Indian registered company.

Can you please let me know whether these two companies qualify for L1 Visa? If so, what should be the relation between both companies Parent, Subsidiary, Branch or Affilitate?



New Member
Hello Sir,

I am on H1B working for client 'X' through EVC (Employer-Vendor-Client) model. By the end of this year Vendor company wants me to give some bonus amount based on my performance at the Client location. Since my Employer has nothing to do with this, am I allowed to take the bonus cheque directly from the Vendor? or it has to go through my Employer only? If I am allowed to take the cheque from Vendor, then how do I need to pay the taxes for that amount. I am expecting the amount is going to be more than $10,000.
Last edited:


New Member
Hello Rajiv ji,

Background for my questions :
I am currently on H1B visa. My company has filed a green card application for me on EB3 way back in 2009. I have an approved I-140 in EB3 category.
I recently changed my role in the same company. My title and location remain the same. But my responsibilities and duties have completely changed.

My old role was focused on in bound product management, which involved working with engineering, QA and sometimes even writing software.

My new role has nothing to do with software development. It is focused on Go-To-Market strategy, sales enablement, customer enablement, revenue
growth etc.

My Questions:
1) Based on what I have described about my old and new roles, is my new role considered a significant change for refiling a PERM application in a different category ?
2) In my current PERM application, the SOC-CODE under which my job is categorized is completely inappropriate for my new role. It is filed as a
SOFTWARE DEVELOPER, APPLICATIONS, when my new role has nothing to do with software development. Is there anything I can do to educate
my law firm on the need to re file my PERM application based on my new job description ? Is there any public documentation from Department of
Labor which I can refer to while talking to my law firm.

Since I have more than 15 years of experience with a bachelors degree, I am hoping that if my PERM is re filed this time I will be on the EB2 category.



New Member
Hello Rajiv,

I very much appreciate your efforts to help with our immigration questions. My question is following:

My I140 has been approved with Employer A under EB2. I would like to go for a full-time MBA now. What are feasible visa options for me:

- can I take an unpaid leave of absence from my employer for two years (if they agree) and remain on H1? In this case, my six years will be completed about mid-way in the program, so would I be able to renew my H1 without much complications.
- Or can I apply for F1 now even if my I140 application has been approved

Also in which of the above will I be able to travel in and out of USA.



New Member
FAQ: Legal name change process in the USA

Hello Rajiv

First of all, thank you so very much for taking up and hosting the services and that to for free and helping all needy. I follow you on Twitter and singed up my-self today! :)

My Question Follows:

I have come to US on L2 visa and staying in USA since April, 2015. In my day to day interactions or from government and private institutions, I face issue with my very long running name. Due to space constraint, in India while issuing passport almost 9 years back, they have truncated a part from my First Name and added to my Surname/Last Name. Also, on all certificates/bank accounts, my name is not expanded except one name at the end. (Example: A B C D E F G Phanindra, where A is my Last name and rest is first name. In Passport (all expanded) AB is my Last name while rest is my first name. Another thing to observe is on my Indian Passport (all expanded) ra is written manually at the end). In USA, I have faced the same problem and I continue to face it. On this post, this may look very simple or small issue, but I knew how painful to explain on manually writing and the last 2 letters coming out of the space provided in the passport. I have contacted my lawyer in India and he advised to get in touch with SFC, India Consulate. I understand the process is to get the court order on name change with placing advertisements in local/national newspapers in India and USA where I live following the court order confirming the name change legally.

Your Opinion/Advice:
I wanted to get an advice from you on my legal name change while I am in US. Once it is done, wanted to change on India passport, Educational certificates, Indian bank accounts, PAN Card, DL and etc., along with in US for SSN and driver’s license etc. Please advise me on how to change my name legally in India and US. Any links you can refer would be great. Also, is this very difficult? getting the court order and then changing the name on all my other certificates? Will I face any problems/consequences due to this like, when I go back to India and enter USA ? Will there be any issue as I am applying for H1b in 2017? I am planning to go to India in mid next year and wanted to have changes done before that.
Last edited by a moderator:
Not open for further replies.