Recording Available, November 17, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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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: December 01, 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.
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New Member
My processing date for a family-based Green Card petition is currently live and my petition was accepted. I am applying as an unmarried son of a U.S citizen (my mom)

I am currently in the US and have lawful presence but I am out of status. From what I understand I cannot do an adjustment of status with USCIS. The issue is I cannot travel back to Zimbabwe for a consular processing of the application with NVC. This is due to medical issues (I have been hospitalised 4 times in the last 18 months with severe bipolar).

Do I have any other options?


New Member
FAQ: Refused entry 212(d)(3) waivers

Dear Rajiv, I had B1,B2 Visa and it has been cancelled and i was deported from Newyork, USA. I want to come back to USA and wanned to know Can i Reinstate on my Cancel Visa and HOW....? Hope u will do the needful. Waiting on ur reply ASAP.

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New Member
I am on H1B visa ,
1. Is it a legal to give or receive money while both of us are on H1B? Will it be treated as other sources of Income during any audit?
2. Now my concern is will this impact my current ongoing ead or Green card process in the future if they review bank account details or transactions?
3. I came to know later it has to be disclosed to IRS. Will the data be shared to USCIS as well?
4. will these kind of transactions ever come under review or scrutiny from uscis?

Please advise.


New Member
Hi Rajiv,
My name is Madhusudhanan. I am from Virginia.
Last year My I140 was approved. But we found that there is a spell mistake in my name. the last character 'N' is missed. My first
name is Madhusudhanan. In the approval notice , instead of Madhusudhanan, it is Madhusudhana. the last character 'N' is missed.

there is no issue in last name.

My employer contacted the attorney to rectify the issue and attorney told him that ( i got 2 different answers).

1) becuase of space problem in computer, the last character was truncated. but When we file the 485/EAD, then it will be resolved.
2) attorney send the request to USCIS to update the name. The USCIS responded
that the name will be updated but they don't resend the corrected approval

I am not sure whether is this process or not and which answer is right one(first or second or both?). But I got H1b extension 3 years based on the I 140 approval.

If the date becomes current date, with the exiting approval can i apply 485? or will be there any issue to apply in 485?
Suppose attorney filled the application form with wrong name, will be there any issue?
if i continue with same employer, can i correct the issue in future(at the time of 485 apply) or do i need to start fresh GC process?

If i switch the job with the current approval notice, can i maintain PD? Because of the spelling mistake, will i face any issue?
If i switch to new employerm , Can i correct the issue in future(at the time of 485 apply ) or do i need to start the fresh GC process?

Please advise.



Registered Users (C)
Can parents who are permanent residents (green card holders) apply for Medicaid health insurance coverage. I have heard several people have done that. Thank you Mr. Khanna.



New Member
Mr. Khanna,

I'm a Canadian citizen currently in the US on an H1b visa, and have a future employer currently going through the PERM process under EB-2. I was born in a non-English speaking country in Europe. In thinking forward about what will be needed for the I-485, I understand that my birth certificate will need to accompany a full English translation. I had a translation, with an official seal/stamp, done about 25 years ago since Canadian immigration required it. Can I use that same translation when I file my I-485, or must I have a current translation?


New Member
FAQ: Functional managers on L-1A
Hi Mr. Khanna,

Firstly thank you so much for conducting such a unique and very helpful legal consultation online.

My wife's company is in the process of applying a blanket L1 A visa for her. She head's OD & Learning & Development organization in her company. However the problem is the company does not have many people working in her group in USA office. She wont have any reportees based out of US in her US role. One of her US responsibilities is to grow the group/division in US immediately after her movement.

Key responsibility in her US role will be to direct business leaders like business heads to implement L&D and organizational development initiatives. She would report directly to Vice President of Global HR organizaiton (who in turn reports to CEO). She will work closely with business heads to understand and conceptualize the talent management strategy and design.

My Questions are as below-
1. Based on the above details, since she wont have reportees in US, would you suggest we should project this case as a "Functional Manager" rather than general managerial role who manages other managers/professionals?
2. Does applying as a "Functional Manager" render the case weaker compared to general manager with reportees? Because I have not seen many people talk about Functional Manager application for applying for L1 A visa
3. What would be some of the common roles and responsibilities a consulate officer looks for in a Functional Manager ?
4. My wife has 8 years of experience, I'm aware as per law there is no specific number of years of experience required, would her experience be enough to file for L1A ?

Thank you very much in advance
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New Member
Hi Rajiv Ji,

I filed I-130 6 years ago for my siblings after immediately becoming US Citizen in F4 Category(Immigration through Siblings Category). It was denied and I do not know the reasons for its denial.
Recently I filed G639 & it got denied in its entirety pursuant to 5 U.S.C. 552 (b) (6) (Exemption 6). It's asking for a written authorization from the individual permitting disclosure of the records to me. Proof of parentage with the requester verification of identity and it goes on.
I have the following questions .
1) Can I file a G639 Appeal without the help of Attorney & steps , Procedure for it
2) What are the common reasons for I-130 denial in the F4 Category.
3) After the response from a future G639 Appeal , Is it better to consider , Motions to Reopen / Reconsider for the existing I-130 Application or is it better to file a New I-130 Petition
Any Help is Appreciated.


Adel Sawsan

New Member
I want your help in planing to apply for citizenship, but i am in Egypt now, so can you advise me as i will depend on your advice, here is my history in USA:
I got my green card at 23 April 2012 by lottery, and since that time i used to visit USA for 2 weeks every 6 months. But at May 2015, i applied for the re-entry permit and it was issued at 16 June 2015 valid for 2 years (till 17 June 2017) and since May 2015 i did not visit USA till now. As my mother is sick and needs my help and support till now.
I am planning to return USA and stay for 4 years then apply for citizenship.
I filed Federal taxes at 2012, 2013 but I used form 2555EZ by selecting Bona Fide Residence Test.
And in 2014 I used form 1116 as i visited and worked in US for 2 months in 2014
And in 2015 I used again form 2555 EZ by selecting the physical presence test.
I read that “If the legal permanent resident declared himself or herself to be a bona fide resident of a foreign country on IRS Form 2555, that means the alien declared to the IRS that he or she went abroad for an indefinite or extended period. He or she intended to establish permanent quarters outside of the United States and he or she openly declared residence in a foreign country.”
So do you think that will make to me problems like being abandonment at applying for citizenship (cause of taxes or being away from US for long time)?
I think that I can modify my taxes till now as I filed years 2012, 2013 & 2014 at April 2015, so can you tell me what is the best thing I can do now?


New Member
FAQ: Leaving employer after getting a green card

I go my GC mid of October 2011 through Company A. My job profile was in IT. In mid February 2012, I resigned from Company A, took some time off, and then joined Company B last week of March 2012. I was still in IT with Company B but different job profile. My question is that would it be a problem at the time of interview, the fact that I didn't stay for 6 months with Company A after getting my GC and changed to a different job profile with Company B.
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New Member
I am currently working through a Tier relationship. (Me --> My employer --> Tier 1 Company X --> Tier 2 Company Y --> End Client). The Tier 2 Company 'Y' has decided not to renew the contract with the Tier 1 Company 'X' and hence they are asking "My employer" to align with a different Tier 1 Company 'Z' that they already have an existing contract. So, due to this change, should my H1B petition be amended to let USCIS know of this change in the contract? There is NO change in the Work location, End client or job responsibilities.


New Member
Dear Rajiv, I m currently holding H1B visa and working in Client place in US and last week(Nov 3rd) received visa revocation email from Consulate and port of exit date is updated as November 3rd.My employer has filed LCA and certified on OCt 3rd but he did the amendment process once I received the revocation email. h1b petition still shows as approved.Need your help on below questions,
  1. If i94 exit date is past date,does that mean out of status?
  2. Do I need to go back to home country and do stamping again?
  3. Is my current h1b is valid?
  4. Am i eligible to work in US now?Am I legally stay in US till i797 data ie 2018?
  5. Can my wife who hold h4 can travel to US?
  6. Can I transfer my h1 ,will it affect due to the existing issue? Waiting on ur reply.


New Member
My H1b expires Sept 30, 2017. Before filling for PERM, my company has applied for prevailing wages (PW) in early August 2016. I am hoping to receive PW approval by December. Based on this timeline and assuming some cool off period, advertising, etc, company expects to apply for my PERM in February/ March. Is it possible to get PERM and I-140 approval by end of Sept 2017 (which is my H1B expiration). I was out of the country for 45 days, so I hope I can recapture this period and extend my H1B to mid November 2017 if required. If my I-140 does get approved prior to my H1b expiration, will I still be eligible for H1B extension beyond the six years?


New Member
FAQ: Changes in immigration after Trump

Hello Rajiv Ji

With the Republicans getting a clear majority in both Senate and House - and also with an Republican president in the office

How easy or difficult it would be - potentially - to change immigration rules corresponding to
- Reduce H1B and / or Permanent Residency Caps or reduce per country limit ?
- Revert earlier rules - regarding extended 24 month OPT / STEM extensions
- Revert earlier rules - regarding H1-B Cap Gap Extensions
- Revert earlier rule - regarding H-4 EAD Rules
- Completely stop the rule making process for the proposed I 140 EAD and H1 B Grace Period Rule - so that this rule never gets to see light of the day ?


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Hi Rajiv,
I have got my first I-140 approval some time in 1999. Since, I was not married then, I chose not to apply for I-485 at that time.

Started my GC process again on 2005 for me and my wife, got my new I-140 thru different employer, and applied for I-485. Now, my priority date is Oct 2006 and GC is still pending.

I heard that I should be able to somehow activate the 1999 approved I-140 and use that a priority date. Is that true?

Thank You
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New Member
Hi Rajeev Khanna,

Iam Brama. I came Us in July 2008 on L2 visa and after couple of months I have transferred to H1 visa.

iam now working on H1 Visa which is upto 2019 and I have approved I-140 also.I have never left the country after I came in to US

My question is

1) I HAVE NOT done Masters in US. can I go to Canada or Mexico for stamping? what are the possible risks?
2) Iam planning to go to India stamping along with my 5 months kid ( us Citizen) . Can I go to stamping in India leaving my Spouse who is on H4 here?
3) Since it is almost 8 years what is the probability of getting stamping in India?
3) if I got 221 G and if it takes couple of months is it OK if my spouse stays here in Us while iam in India?
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Staff member
I have a quick question, we had sent an offer letter to one of the candidates and he did not accept the offer. But he had used the offer letter to apply for OPT with his school and I am assuming his school notified USCIS about this candidate being on OPT with us.

Will this cause any issue for us?
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