Recording Available, October 05, 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: October 19, 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
Hello Rajiv Ji -

I am on H1 and my wife joined me on H4 and then changed the status to H1. Her H1 renewal is due Jan 31, 2018 and we already applied for the extension. My questions:

1. Can we apply for H4 alongside H1 extension? If yes, can we put a future date (Feb 1st) as effective date in H4 so no out of status issue arises when her H1 expires on Jan 31.

2. Assuming H1 extension goes through before Jan 2018, and then H4 gets approved…is there a way to withdraw/cancel H4 application – if yes how?

3. While applying for H4 can we also apply for H4 EAD at the same time with an anticipated start date of Feb 1st.

Thanks much for your time.

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Hello Rajiv ji,
H1B to H4 COS pending (Jul 14th) , Spouse H1B expiring Nov 2.
1. Can I apply for H4 extension (a) if yes, what should I mention as the current non immigration status (H1 or H4),
(b) if not, will it be okay to apply for H4 extension after it gets approved ?
2. If the COS is approved after the requested date (say Nov 30) what will be the I 94 expire date

Thank you in advance!
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New Member
USCIS approved H1B transfer and then after a month send the RFE.

Is it valid or can USCIS has rights to do this ?
there any way we can take up argument or action on these kind of USCIS wrong ful practise ?


Registered Users (C)
FAQ: Current immigration/visa options for entrepreneurs
Dear Rajiv,
What are the requirements to get a visa and green card as an international entrepreneur ? IS the start-up visa effective ?
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New Member
Hello Rajiv Ji,

I am in the US on EAD / Advance Parole, based on a pending I-485 (employment based Greencard Case). I last entered the US on Advance Parole in Jan 2017. My I-94 given at the port of entry is valid for one year and expires Jan 9th 2018.

My question is...Can I legally stay and work (my EAD is still valid) in the US after Jan 9th 2018 (based on my pending I 485) or will I be considered to be illegally present after Jan 9th 2018. Is it necessary for me to depart the US prior to Jan 9th 2018 and enter back on Advance Parole - to extend legal stay in the US.

Please advise. Thank you.


New Member
Hi Rajivji,
Thanks for the service you provide to the community.
I have a question regarding H1B extension. I am currently in the 9th year of H1B on the basis of approved I140, EB2, with priority date of Oct 2015.

My job title will change in the near future with no material change in job description. The title change is from Principal Engineer to Project Manager. I am already managing projects as Principal Engineer, which is my current title.

Can I get extension of H1B with the new job title or does extension have to be only on prior job title for which I got extension of H1B past 6 years?

Also, how will job title affect my EB2 filing? Can I leverage the same or similar clause? How does USCIS determine whether a job is same or similar? Is it based on Standard Occupational Classification from Dept of Labor?



New Member
Hello Rajiv JI

My husband is on h1 and I am on h4 ead .I am working too. I have a son who is US citizen. My husband is very abusive and I want to get out of this relationship. But I am worried that will I go out of status .My husband has filed green card through his company. What will happen to that ? Will I have to get H1


New Member
I'm American and my wife has a green card. I've read that I can apply but should I be the one applying for my step-daughter, or should my wife apply for her daughter? or does it make a difference? She was 5 years old and living with us when we got married in Taiwan. About 4 years ago I applied i-130 for my wife. Things have settled down for us (jobs, cars, recently bought a house) and we're ready for my wife's daughter to come live with us. Is it still the i130 that we need to submit or is there anything that could be faster


Sabarish S P

New Member
Hello Rajiv Sir,

I applied for H1B extension and got an RFE recently. The RFE asks for the following,

1. How Level 1 wage designation provided corresponds to the specialty occupation position?

2. Document to support that Level 1 wage designation on the LCA corresponds to the proffered position.

3. Submit a certification from the U.S. Department of Labor to establish that a form ETA 9035, Labor Condition Application has been properly filed, completed and endorsed by DOL.

I know this year this type of RFE is common. I am a Mechanical Engineer assumed this type of RFE was related to computer programmers.

My questions are,

1) Can i refile my LCA to wage level 2? My current H1B expires in two days so is that an option?

2)How do I respond to the RFE. What all options do I have?

3) In the worst case of denial what options I have to stay back in the US. ?

Thank you so much for any help.

Sabarish S P


New Member
Hi Rajiv sir,

I am currently on L1B VISA and My Company is applied for H1B visa under consular process and got picked in a random lottery, I need to go to India for VISA interview and come back with VISA stamp. My company also planning to start green card now. I am having some of the following questions Kindly provide your suggestions

If green card processing starts before my H1 VISA interview?
*). Are there any issues to issue my H1B VISA at the consulate?
*). Which is the best case scenario for green card processing, after getting my H1B VISA or before H1B VISA

On H1B approved petition, it is addressed to Chennai US consular office, is it mandatory to take an appointment and attend VISA interview at Chennai Consular office (OR) I can take an appointment and attend VISA interview at any US consular office in India?

Thank you so much for your help

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April Wilson

New Member
Hello Rajiv Ji,

Thank you very much for your time and help.

We are planning to apply for US citizenship. We came to US in Nov 2011 on green card (EB2 consular processing). And my spouse started working for GC sponsorship employer (after 1.5 month gap) starting 2012 and always filled taxes for 2012 and onwards.

Our question is in US citizenship application N400 Part 11 Question 7 : Have you ever not filed a federal,state or local tax return since becoming a permanent resident? -- What to answer Yes or No
For 1.5 months in 2011 in US we Didn't file taxes because we had income below tax filing threshold.

Do we have to write a handwritten letter to USCIS along with citizenship application stating that no tax for 2011 were filled because of income below tax filing threshold?

April Wilson

New Member
Just want to update my post above. Income below tax filing threshold is just Bank interest income on fix deposit(it's not W2 of self employment income ).

Thank You
April Wilson


New Member
Hello, Rajiv Sir,

First of all Many thanks for your time and help.

I am on H1-B and my I-140 is approved a year ago with my Current Employer, But my Current Employer did not share a single I-140 related documents or reference

Based on FOIA I have requested USCIS National Record center and USCIS National Record center provided my Approved PERM Labour Certificate and I-140 application Form with Approved Stamp and with LIN Number. But USCIS National Record center unable to find my I-140 Approved Notice Copy

I have completed 5 Years 6 Months of the total 6-year span.
Here my Question is, At this situation without I-140 Approved Notice Copy,
Can New Employer able do the H1 transfer without I-140 approved Copy Which is approved from my current employer "A". ?
Please note I have completed 5 Years 6 Months in my overall H1 Span.
Please provide me what are all the possible options for H1 Transfer with New Employer "B" and risk factors.

Many Thanks for your Help!



New Member
Rajiv Sir,

I am on H1B and have approved I-140 from my previous two employers. My wife is working on H4-EAD. I lost my job on 9/21 last month, and trying to find another employer who can sponsor my visa. Please help with following questions -

Will this situation affect my wife's employment ?
Do we need to file a new H4EAD once I get a new employer?
How much grace period do I have ?
Do we need to take any additional actions such as informing USCIS etc?

Many thanks for your help.


New Member
FAQ: Status of H-4 EAD litigation/suit

Dear Mr. Khanna,

My question is about the latest news regarding H4-EAD. I understand that DHS has asked for abeyance until 30 Dec, 2017. USCIS and DHS is evaluating the H4- EAD rule in accordance with the Presidential "Buy American, Hire American" policy. DHS will refocus its review of the H4 rule to ensure that it meets the newly announced priorities and to decide whether to undertake a new rule making concerning the H4 rule and comply with the Presidents Order.

Please find this note requesting you to explain in layman terms what this could mean for the H4-EAD holders.

Thanking You.
Best Regards.
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New Member
Hi Rajiv,
Question on I-94 status . Below is scenario

06/30/2016 - Arrived from India I-94 11111 valid until April 2018
05/15/2017 - H1B transfer applied ( used I-94 11111 in I-129 application )
06/20/2017 - Visited India and returned got new I-94 22222 valid until April 2018
08/16/2017 - H1b Transferr approved , I-94 11111 extended until September 2020

Now CBP has my recent arrival record I-94 22222 which is valid only until April 2018 . So will I be out of status after April 2018 ?

Do I need to reconcile I-94 22222 and link with I-94 11111 which is approved until September 2020 stay in status after April 2018 ? or Do I need apply extension again ?

Thanks and Regards


New Member
FAQ: Immigration consequences of a denial of entry at the airport

I have a couple of questions.

I had been travelling to the US on a tourist visa for all my life, in 2008 I had to travel out of the country and when I returned to the US, in the Minneapolis checkpoint they found a pay stub from my work which I obviuosly shouldn't have had since I didn't have a work permit, they took away my tourist visa and made me sign what looked like a "voluntary departure" or "refusal of entry" I really can't remember exactly the term that I signed and was returned to MX the next day.

My questions are:
-Is there a website where I can see if I was penalized?
-Will I be able to solicit another tourist visa?
-If the answer to the above question is yes, given the political climate, do you think it is a good idea to go through the whole process again or would it just be a waste of money?
-My father has become a US citizen, I'm unmarried, can he request citizenship for me or residency?, aproximately how long is the process?

Thank you very much for answering these questions!
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New Member
Greetings sir,
Kindly explain the next steps and time line in each step involved,

My case - on H4 EAD (since 2012) prior to this I used up my H1b 2008-2012 (cap exempt) // **got approved 140 (Eb2 May 2009, physician)** // but did'nt file 485 since I moved to current h4EAD and job at different location.

Now I Intend to - return on prior job - on current h4EAD vs applying H1b again ( if getting separated)

If returning on current H4 EAD - to prior employer as above - how do I transition to new EAD based on **above application** - I cannot file 485 until my PD is active (India May 09 correct?) and only after that EAD / AP can be filed !
In the other case (of not using my H4EAD) if I wish to reinstate H1b (what is the procedure and time line) and await PD to be active to pursue 485 again.

What would you suggest works best for me.


New Member
Hi Rajiv,

Question on H1b transfer.
Emp A filed for my h1b transfer and I joined Emp A on getting the receipt from USCIS.
Online USCIS status now is updated to RFE sent. Not sure about the RFE reason yet.
My questions are related to possible scenario of denial. I understand I have to leave US but are following options applicable after I have already left US?

1) I do have h1b visa stamping. Can Emp A refile the petition or a new employer file new h1b transfer? (eg: If denial was for LCA wage 1 level, can Emp A refile with LCA wage 2 level)
2) Any other approaches/options other than point 1 if the petition is denied?
3) If a new Emp C files for h1b transfer now and then ongoing petition by A gets denied then do I have to leave US provided I haven't joined Emp C yet or can I join Emp C directly?

Also can you share about any results (approved/denied) of LCA wage level 1 cases if you have come across any?

Thank you for your time and this service. Appreciate it.
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