Recording Available, October 11, 2018 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 25, 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
Good Morning Mr Rajiv,

I started my employment in the USA in 2008 and worked for an employer for 2 years. I have been working with my current employer since Dec 2010, My current company had applied for and has an approved I-140 with a priority date of July 14, 2014 under EB-1 category. I have been getting H1-B extensions based on my approved I-140. My current H1-B Visa expires on August 14, 2019.

If I now receive a new job offer by end of this month, I have the following questions:

1. Can my new employer file for a transfer of H1-B without filing an I-140 immediately?

2. With less than 1 year on my H1-B, is there sufficient time to complete the labor certification process, filing an I-140 and extending my H1-B with the new employer?
3. Can you describe the steps, the new employer needs to take for a smooth transfer process?
3. How soon can I start working for the new employer?
4. I have a planned Vacation to India in December, do I need to cancel those plans if I accept this offer due to pending processes?

Thank you


New Member
Hello Sir - I hope you are doing well.I had a couple of questions regarding the EB1 .

I was working in the USA for the past 8 years-did my MS here and have been working with major banks since then.In 2013 I joined a fintech product software company and have working with them since then on a H-1B visa.I also got my EB2-I140 approved through them in 2016.The PD for this is July 2015.

Early this year in Jan,I got promoted to a Senior Technical Manager role where I am managing a team of software professionals for global product business line.They sent me to London in April 2018 and I plan to come back to the USA in April/May 2019.The company will be filing my EB1C after coming back.Since my PD of EB2 of July 2015 is current as of now,if it stays current while I file my EB1C I140,

1) Will I able to use my earlier PD of 2015 to file my I485 through the EB1C category please ?
2) When would I actually file i1485 using the porting date please -will it be when I file my I140(concurrently) or only after my EB1C I140 is approved,I can use the earlier PD of 2015 please ?
3) Are there any issues in filing EB1C from H1B or is L1A more preferable please ?

Appreciate your response.


New Member
Hello Sir,

I have few queries regarding the H visas.

If H4 and H4EAD are filed together with my existing employer and the application is in the pool for 1.5 months.
Now if I change my employer and they will start H1B transfer, what will happen to the previously applied H4 and H4EAD?
Do I need to call that application off and file via new employer again?
Or can that application continue to be in process ?

Does changing employer automatically cancel/revoke previous H1b peition or is it the case that employer has to initiate the revoke?
Does previous employer has to notify the ex employee about the revoke request?

Hi Sir,
My name is Narayanan. My employer filed my green card. the labor and I-140 is approved. The priority date is April - 11- 2016.
My employer is not sharing the I-140 approved certificate.

He is telling that is company document, not ready to share.
Because of this, i am not able to switch to different company(better position). I have to stick with my current employer.

If i apply the Freedom of Information Act (FOIA) about I-140, the FOIA will send me the copy of the I-140 form with approved seal.
If i switch to new employer, while applying(port the priority date) the I-140, can use this document instead of I-140 certificate?



New Member
Hello Rajiv Ji,

I am working on AC21 -EAD (eb2 -140 approved PD is 2010) not with the sponsor employer. Can i file a new EB3 or downgrade the EB2 to EB3.Which one is the better option to chose and what would be the time lines each case take..

Do i need employer to support downgrade the EB2 application ..
Hello Mr. Rajiv,
I am permanent resident and I have been married for 2 years in the US and living with my husband for seven years. He is F1 student.
Can I sponsor him as long as that I am working and he is an F1 student and never been unlawful.


New Member
Hi Rajiv,
My H1B extension got rejected in Mar 2018 on the basis of skilled specialization. Then I got converted to H4 and it's approved.
Just FYI: I still have 15 Mon on my H1B 6 year term.

My questions are

1) Is it possible for any other employer to file my CAP EXEMPT H1 B ?
2) Can any other employer file my CAP EXEMPT new H1B Visa after 1 year considering it to be reset if I am on H4 but within USA. In other words will 1 yr of H4 be considered as reset and will I be eligible for new 6 yr H1 B Visa ?


New Member
Hello Mr.Rajiv,

I converted to H4 status since my H1B extension got denied. Now, another employer is ready to file for my H1B extension. (1 year still remaining on 6 year H1 term).

Please let me know the right sequence for it.
Will my H1B will be filed first and then COS or COS/H1B application will be done in one go ?
Also, can both these processes H1B and COS be filed under premium ?

Company A to Company B to Company A

Hi Rajiv,
In H1B for an Year with Company A (Consulting Firm) and my project is coming to an end in a weeks time. I got an offer from Company B and will be joining them on H1 transfer (H1B Approval received for Company B).

Company A told me that they will not cancel my H1B Visa.

I want to work for Company B and see their working style and work culture for couple of months. If I like them I want to stick with Company B.

However if I do not like Company B and if Company A still holds my H1B Visa after 2 months can I come back and work for Company A for a new Project in a different location with H1B Amendment for Company A. Is it allowed?

Also HOW LONG can Company A Hold my H1B Visa without cancelling it

Prasad Gupta

New Member
Hi Rajiv ji,

Thank you for your service to the immigration community. My questions are

I have a PD of Jul 2009 and have both EB3 & EB2 I140 approved from same employer. Earlier my attorney mentioned I should be able to file the I-485 whichever category becomes current, but now they are saying they need to make a determination if they can file or not.
My EB-3 was filed with the generic designation (though I was Sr Software Engineer) to account for any promotions I may receive in the future as "Software Engineer" and the EB2 was filed with 50% of the job description matching to the EB3 job as "Staff Software Engineer in Quality". With the October Visa bulletin, the date to file for EB-3 became current,
1) can I file the I-485 using EB-3 Date to File date?
2) If I file I-485 using the EB-3 Category (if my company/attorney allows..), will I be able to switch if EB-2 moves ahead in the coming months?
3) What's your suggestion as I am very close to the PD becoming current on both categories and difference between them may be couple of months and is it worth taking the risk of switching between these categories applying I-485?

Prasad Gupta


New Member
Hello Rajiv ji,

Thank you very much for your time.

I am working for my company since 2007. My company filed EB3 in 2009 and I140 approved in 2011. Priority date is 31st July 2009. And my company also filed EB2 perm in 2014 and perm completed in June 2015.

My company got acquired by company "XXX" in June 2015 and company "XXX" continued EB2 process and filed I-140 and ported over the date. I-140 approved.

In recent bulletin released, application filing date for EB3 moved to 1st October 2009 while EB2 moved to 22nd May 2009.

Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX?

Thank you


New Member
Hello Mr Rajiv,

Appreciate your time and effort in addressing the immigration community.

I started working here from 2015 with an L1 petition. While I was working with my company I had filed an H1 with a consulting company on 2017. We received an RFE on this petition by end of September 2017. Wage level RFE - employer filed for programmer analyst position showing wage level 1. As per the RFE programmer analyst position is applicable to wage level 2 and above. The employer responded to the RFE. The status shows on USCIS website as they had received our response to the RFE on November 1st 2017.

I haven't received any update since then and USCIS website shows no update other than our response to the RFE received details.
Unfortunately I lost my Job and I had to comeback to US on H4 as my wife is working here.
My employer said they haven't received the denial letter and they said it is going to be a denial case and they are not pushing for premium processing.

I want to know,
1. What is the right way to approach USCIS to get the case status updated.
2. If my case is rejected what options do I have?

Roy Job


New Member
Greetings Mr. Rajiv,

Thank you so much for taking your time to help others.

Here are a few numbers on my case:
I have been working with my Employer since 2011 on H1B.
Green Card (EB-3) process was started in 2016.
I-140 was approved in June 2017.
My priority date is December 2016.
I am on H1B extension (based on approved I-140) until September 2020
I have not yet filed I-485

As I was preparing the i-485 package, I came to learn that the company/employer has been operating at a loss for 2017 & 2018 - this would result in a negative Net Annual Income in the Supplement J form. It should be noted that throughout this time, I have been paid above the proffered salary (about $240+ in 2016 and about $1100+ in 2017)

Here are my questions:

1. Is filing a Supplement J with negative net annual income something to worry about? Company has been in existence for 30+ years and this happened due to losing a few contracts.
2. Will an I485J with negative Net Annual Income trigger an RFE to prove that the employer will be able to pay the proffered wage?
3. Would submitting of my W2s from 2016, 2017 (proving that I was paid more than the proffered salary), last paystubs, and financial statements of the company that show that this was just a hiccup of the company and that it's now making it back up be enough to avoid the RFE?

Also 2 more questions on a possible back up plan:

1. Am I eligible for the job portability under the A21 - better say, do I have to go through the PERM application for a second time with a new employer again? Or can I file I-485 with a Supplement J from another employer for a similar position?
2. If you were to bet (calculate probability) what is safer: staying with the same employer that I have, or look for a new one and restart the process?
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New Member
Hi sir ,

Currently in my 7th year of h1b with approved I140 from current employer.
My I129 extension and I 94 got expired in Aug 2018. H1b extension applied with current employer.

Can I go for a new job with new employer ?



New Member
Dear Rajiv Ji,

I have been in the US since 2006 and on H1 since 2009. I have approved I-140 from previous employer. My current employer is giving me an opportunity for a long term assignment for 2 years in Taiwan. My questions are as follows:

1. Is it possible to go for long term assignment while on the US payroll and reside outside of US for 2 years?
2. After 2 years can we apply for H1 again based on the previously approved I-140? Is it going to be cap exempt?

Thanks in advance,


New Member
Hello Rajiv,

I am currently working on L1 B in USA. It is valid till March, 2019.
I am thinking to go out of USA for L1 B renewal to US consulate. My questions are as follows :

1. Is this considered as L1 renewal or fresh application ? Will PL 114-113 fee will be applicable in this case (This has already been paid on initial L1 ) ?
2. My husband has EAD till Jan. And We wanted to apply EAD extension till march (As L1 is valid till March). Does we select Renewal in i-765 ? Or it is a initial permission ?
3. If they reject my applied L1 B , Will it consider as my current already stamped visa will also be rejected ?

Thanks in Advance


New Member
Hello Rajiv Sir,
Firstly i would like to thank you for providing help on various immigration questions to everyone. I have below question, could you please be able to answer it and really appreciate your response.

Question: My I-140 was approved in Feb-2017 with Company A and was active for more than 180 days. With Approved I-140 i got my 7th Year Extension and traveled US in 2017, but returned to India in beginning of 2018 due to client business closed. Since coming to India i haven't got chance to travel back due to lack of opportunities with Company A. Now i have decided to Quit Company A which sponsored my I-140 and would join Company B in next month within India only. My H1-B Visa has expired couple months ago. Now my question is

1. Can Company B Sponsor me H1-B again at any time with Company A's approved I-140 and with expired H1-B Visa?
2. Will i be considered under CAP Exempt if Company B Sponsors H1-B?
3. As soon as i Quit Company A if they withdraw my approved I-140 will it have any impact on H1-B Transfer by new Employer (Company B) and consecutive Extensions with Company B?
4. Company B would file for new PERM and I-140 after 1 or 2 years, can i get H1-B extensions until then with Approved I-140 from Company A (but actually withdrawn after my Exit)?

Thank you for your time!


New Member
Hello Mr Rajeev,

Thank You for your Invaluable Advice to all of us.

I had filed for my I 140 in Jan 2017
and My I 485 (ROW) in March 2017. I have not changed employers in last 4 years.

Question 1
In my perm Application and my approved I 140 the states says my salary shd be X+Y = Z dollars.
From last 4 years I am making X dollars ( as per my H 1 B application) My H1B application expired in Aug 2017 and since then I am on EAD with the same employer.
The Employer has enough funds to pay me X+y = Z salary and states they will start the new amount after the approval of my I 485.
Will this cause any trouble for me during my AOS interview ??
Question 2
I AOS interview has still not been scheduled. As and when Interview is scheduled will I need to take a 485J form with me ??
what other documents Should I carry with me for the AOS interview.
Question 3
I have my I 140 was approved in May 2018. 180 days of approval would be complete around end of Nov 2018/ early Dec 2018.

Can I change my job before November with out going thru the process of filing another perm cert/ I 140 form or should I wait for Dec 2018 and then look for different jobs ??

Thank You once again for all your help and support.
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Registered Users (C)
Hello Rajiv

Can an employer retain the original I797 and give only a copy if the I797 to the employee ?
If it is a Yes, then what are the ways to obtain a copy of original I797 ?

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