Recording Available, November 16, 2017 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: November 30, 2017
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: Is interview required for compelling circumstances EAD?
Dear Rajiv Ji,
Recently USCIS announced that when a I-485 application is filed the Candidate has to go through the interview process. Is this applicable to the COMPELLING CIRCUMSTANCES EAD as well? Please advise

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New Member
FAQ: Can we open a company while on EAD? What kind of questions/documents will be needed in the I-485 AOS interview?
Dear Rajiv Ji,

I recently filed I-140 under EB1 as I am on L1A, my spouse is on L2-EAD, can I open a company on my spouse name ?

1) When I file my I-485 do I have to provide any documents (W2, Tax Returns) related to my spouse company?
2) As USCIS has announced In person interview from 10/01/2017, what kind of questions can I anticipate if I open a new company.
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Trupti Gawande

New Member
Dear Rajiv ji,

I am on H1B from 2006 . My H1B 797 is valid till June 2018 and also has visa stamped in India last year with validity June 2018. I moved to California from DC for new client location, My employer filed amendment for location and client change which got RFE, the lawyer responded but it got rejected, we refilled it with new client letter again on Oct 6,2017, The case is still pending . I have travel plan to India this month end for 3 weeks, is it okay to travel? what are the risks? What documents should I carry? Shall I change it to premium processing ?


New Member
FAQ: Does H-1B extension denial invalidate an existing H-1B?

my H1B is valid till 23-Aug'18 .Im planning to submit visa extension request in Mar'18.

lets assume if USCIS reject my extension request in Apr'18 ,then in that case

can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (with in 60 days of time from denial date).
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New Member
Hi Rajiv,

My self and my wife entered USA in 2005 with h1b and now we are green card holders.

During the first POE, my wife's last name was incorrectly entered by the officer in the system but all our documents has the correct last name including I94, I797, visa stamping etc....

When we went to the Social security office in 2005 to get the SSN, they found that her last name was not matching with the immigration records. We showed all the documents, then the SSA officer corrected the name and gave the ssn with correct name. Now that incorrect name exist in SSA records as other/prior name.

We are planning to apply for USA Citizenship, I am concerned that whether this will cause any issue during the citizenship process because in N-400 they are asking "Did you use any other name since birth". My wife dont have any other name and also that incorrect name we never used anywhere. In green card and all our immigration documents has correct names.

1) Is there any way we can remove this incorrect other/prior name from the SSA records ?if so what is the process ?
2) Is it possible to correct the name in CBP records ? if so what is the process ?
3) Does it affect my wife's citizenship process ?

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Be Kind

New Member
Dear Sir,
My spouse and I came to US in L1 and L2 in 2015 and i started working in L2 EAD from June 2016 . I had a H1 petition and H1B visa stamped in 2012 but never travelled to US on that. My employer applied for a cap exempt H1B petition in 2017 and it got approved with change of status to H1 in May 2017. My spouse's employer applied for his H1B petition under 2017 cap and it got approved with consular notification. We both are travelling to India together shortly for H1B stamping. His L1 is valid until Oct 2018. I work from home and my LCA has the home address as work location and i work for a client who is in a different state. I am supervised by my employer manager and he is at the client site. i have a clear employer employee relationship. I work from a different state because my husband and daughter are here and my daughter who is 4 yrs old has been undergoing some therapies due to a developmental delay amd my employer and client agreed for me to work from a different state. My LCA has my home address as work site and i am paid according to the state i live in. My client invite letter also has my home address as worksite location. (Though have not mentioned explicitly as a home address).
1) I am worried if working from home would cause issue with my stamping. Should i drop my plan to travel or can i go with my husband?
2)We have a daughter and she is in L2 status now (As a dependent to my spouse). . if my husband alone exits for H1B stamping , will my daughter go out of status? can my daughter stay with me and can i apply for her change of status from L2 to H4 (as my dependent)?. Please adivse. Thank you!
3) if my husband gets his H1B stamped, will his L1B visa cancelled. It is the same employer. If his H1B is denied can he travel on L1 again?

Dear Sir ,
I am in H1B status and going to India for H1B stamping. I work from home and my client is in a different state . My employer and client accepted to work from home because my family was in a different state and my daughter was undergoing therapies. While applying for H1B , my employer asked me to post the LCA notice in my home location (outside the house door and the community laundry area). LCA has my home address. Would working from home cause any issues in stamping? My employer says it is not a problem because my LCA has my home address as work site. My home address is the only location i work from.
Thank you very much for this conference call it helps a lot of people like me.
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New Member
Hi Sir,

MY i-140 was approved on Jan 2017 and i got the approved copy too. when i checked the i-140 status recently i see this status as " New Name Update" below that it mentioned as "On May 5, 2017, we updated your name for your Form I-140, Immigrant Petition for Alien Worker , Receipt Number SRC-XXXXXX". what does it mean?


New Member
Hello Rajiv Sir.

My company filed my L2 Blanket visa extension recently. I am expecting to get the receipt notice by end of Nov 2017.
My spouse's EAD will expire by end of Nov 2017. Can I submit the form I-765 for my spouse's EAD renewal based on the receipt notice? Or I will have to wait till I receive the extension approval?

I was on H1B visa in the year 2012 and used it for 1 year. Do I have an option to change my status from L1B to H1B while I am in the US?

Appreciate any information on this.



New Member
Dear Sir,

I wanted to have your advice on my mother's - Last Name spell wrong on her
Indian passport - which doesn't match with my birth certificate. I am us citizen.

My mother's real name is KANAGALA PADMAVATHI and this appears in my birth certificate as mother's name.

But some how since long time when my mother took her first passport, the name appeared as KANAKALA PADMA.
Even now in new passport and current B2 VISA appears same wrong name.

She already visited US once.

She has valid B2 VISA for next 9 years.


One letter is wrong in last name(K instead G) and 5 letters short in name PADMA Instead PADMAVATHI.

She will be visiting US on b2 visa again in April.

So, the question is,

Do you advise us to apply for update/correct in last name and first name in current Indian Passport in India and visit here?

What about valid VISA on her existing passport which is valid for another 9 years?

Note: we may apply for green card for her in future.

Appreciate your advise on it.

Thanks in advance.


New Member
Hello Rajiv Ji,

I am having approved 140 with old employer with whom i stayed more than an year after approval (Withdrawn), and current I-140 Is under processing. My Husband 6years H1b Visa will be expired on Jan 15th 2018. His Labor is currently under processing. Can he move to H4 and Apply for H4 EAD on my previous approved I-140? If so, can this be done with out going out of country? What is the usual time to have H4 and H4 EAD to get approved? Can we apply them together? If my husband Labor is approved before Jan 15th can he apply for H1 extension?

Thanks so much for all your help!!!


New Member
Hello Sir,

I am currently working for Employer A. Employer B is in the process of filing H1-B transfer application. I require to go to India for a week at the end of this month. I have a valid visa from Employer A till Dec 2018.

I have below doubts:
1. Can I travel to India for a week after resigning from the Employer A while H1-B transfer is filed with USCIS by Employer B?
2. Can I come back on the H1-B transfer receipt notice and join the EmployerB?
3. Do I need to wait for the new I-797 paper copy to arrive before entering US?
4. Can I come back based on the H1B transfer approval notice without having the hard copy?

I would really appreciate your help on this.

Disha Khattri


New Member
FAQ: What can be done if an H-1B is denied while in the USA?
Hi Sirji,

In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]

1. Can new H1 transfer with new employer can be initiated ?
2. Can one can apply for B1 [Visitor Visa] and remain in USA for valid period ?
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New Member
Dear Rajiv Ji,
Following is the Question which I posted in the Last Community Conference Call:

For the Below Question:
1. You advised me to exit out of the Country and come back in
2. Or Get it corrected in CBP either in San Diego or Canadian Border
3. We did exit out of the Country and came back into USA. We live in New Jersey. We drove from New Jersey to Toronto. Stayed there for 2 days and drove back to New Jersey. (Initially we had to get a Canadian Visitor Visa. We got it to travel to Canada)

However below is my Question:
1. Even after coming back to USA out I-94's are not updated.
2. I-94's for me, wife and Son stays the same OLD I-94.
3. However under our OLD passports (Where the VISA Stamping is there) Under Travel History our Exit out of USA and Entry into USA are registered.

What do I do now? Please advise

H1B Amendment Approved without I94 attached

Dear Rajiv Ji,
Thanks always to your services to the Community.

1. I transferred my H1B from Employer A to Employer B.
2. During the transfer process (October 2016) Employer B filed LCA for Location A.
3. When H1B Transfer was approved they put me in work in Location B (More than 1000 miles different from Location A). Employer B forgot to file LCA for Location B.
4. In February 2017 Employer B realized their mistake and asked me to exit USA and go to any of the nearby Islands (British Virgin Islands OR Dominica OR Honduras)
5. I exited USA in February 2017 and went to British Virgin Islands (Was staying there for a week's time).
6. Once I was in British Virgin Islands Employer B filed the H1B Amendment and they sent me the receipt of the request to me.
7. I entered USA with this Receipt Notice
8. In May 2017 I received the Approved Notice of H1B Amendment without a I94 attached to it. It mentions the Consulate as Mumbai.

What does this mean?

1. Am I Out of Status?
2. Should I be visiting a US Consulate outside USA to get my Passport Stamped?

Please advise



New Member
Dear Rajiv

Was terminated from job on sept 25th by employer A. Employer A revoked H1B on October 5th; Employer B filed H1B on November 8th (receipt date);

I have a H1B visa stamp in my passport that is valid until July 2019 ( for an employer before I changed to employer A)

If the H1B petition of employer B is approved without I 94,

1) Is there some way for me to travel out of the US and come back with a new I 94, without going to a US consulate for a new H1B visa stamp,

2) Or Do I necessarily need to go to a US consulate for new H1B visa stamping.

How do I decide between the two options, if you do not have a conclusive answer?
Thank you


New Member
Hello Sir,

I would firstly Like you to thank you for your esteemed service.

Sir my question is I have filed an I 485 application in EB3 - ROW in Jan 2017 to TSC.
There has been no movt on my I -485 application till now.
USCIS website states application has been received on Jan 13 2017.

I have done multiple info pass appointments all in vain.
I have also requested my local Congress Man to open up an inquiry on my case as well.

Sir is there any way I can expedite the process on my I 485 application as its been over 300 days now.

Please do kindly help me Sir ??

Thank you so very much for all your help and Time.


Staff member
FAQ: Impact of taking a long break while on H-1B

Hello Mr.Rajiv. This is perhaps not a very uncommon scenario for you but none of my acquaintances seem to have an idea about this.
Background: I'm an Indian citizen on an H1B Visa. I'm an engineer. My Green Card is being processed and my I-140 . Being an EB-2 category I"m assuming that it is going to take anywhere between 5-8 years before I get my green card. The Situation: I'm planning on taking a work break for about 6 months to 1 year and do a few things that I've wanted to do but have been pushing indefinitely (like volunteering with a non-profit, spending time with my family, exploring options to start my own startup etc). I'm assuming there are 2 scenarios here - 1. My company gives me a sabbatical leave - I can leave the country for a year and come back and rejoin them. 2. My company refuses a sabbatical and I have to quit - In this scenario I'm not sure what I should do in order to be able to come back after my break and still be able to work for any company ? I would really appreciate your insights on this situation and would be glad to accept any pointers from you to research this further.

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