Recording Available, October 15, Community Conference Call with Attorney Rajiv S. Khanna

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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:October 29, 2015
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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Dear Rajiv Sir,

I had my PERM filed with employer "A" on Jun 2010 and the initial I-140 decision got delayed.
So after waiting for about 2.5 years with continuous Service requests, my employer decided to refile I-I40 on the same labor. In Jun 2013, we got approvals notices for both I-140 cases.

By then I have taken decision to switch the jobs , employer "B" filed PERM and I-140 (as future employment) which got approved in Apr 2013. So I shifted the job to employer "B" in Jul 2013 thinking I can port the PD from my employer "A" approved I140.

But employer "A" has withdrawn the I-140 in Sep 2013 by providing only one case number (later) and the first applied I-140 is still showing approved which has the original Labor certificate
(I also checked through FOIA documentation that only one case is withdrawn)

Looking at recent posts, I came to know that PD is lost if employer withdraws I-140. But in my case one I-140 is withdrawn and one is still in Approval status on the same labor.
Please let me know if I can still port the PD when Jun 2010 becomes current.

Thanks a lot in taking time in answering my question.

-- SK
Hi Rajiv,

I am currently employed for Employer A. Employer A had filed my PERM (approved, priority date JAN 2015) and i-140 (denied - sep 16 2015). I got an offer from Employer B who was trying to transfer my H1-B (this is a 7th year extention based on PERM Priority date). Now that the lawyer for Employer B has found out that my i-140 has been denied, they informed me that the transfer cannot be filed.

But since the offer (Sep 2015), employer B is working on a new PERM and is willing to file my green card.

Q1. If I file for appeal/MTR will that help in my H1B transfer? If YES, how long will I have to wait before filing for transfer?

Q2. I only have 5 more months left in my 1 year extention. so, would it be better to leave for India and work for employer B from India and once my i-140 is approved, Can I get a new H1B or extention of my current H1B (issued for Employer A).

Q3. What are my other options.

PS. Your law firm was the one who represented me and my employer A since 2008.

Thanks for all your help. Keep up the good work.

Hi Rajiv Sir
1. My daughter is working in an American Company and her OPT is expiring in May 2016 and F1 Visa is getting expired in June 2016. What are her best options to continue her stay and keep the status valid ...
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student
Dear Rajiv,
I want to pursue MS Degree from US and presently I am living in the US on J2 visa. My wife is working as a Post doctoral Fellow here on J1 visa. We both are subject to two years Home Residency Requirement.
My concern is that
How can I change my visa status from J2 to F1
Do I need to get a waiver before applying F1 visa?
Please let me know about it.
Your response would be greatly appreciated.
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FAQ: For PERM is formal certificate required or completion of degree is enough
Hi Rajiv Ji,

I am on H1B with my I-140 approved in EB3 with priority date is Sep 2013. I have 12+ years experience in the field.

I am getting an opportunity from a company. They are ready to start my green card process.

I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two.

Can my new employer do the H1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB2? or Do I need to wait for my master degree certificate before the H1B transfer?


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FAQ: Correcting dates on I-94
Dear Khanna Jee -

My current visa H4 VISA is valid till Nov 25 2016.
- I had applied for an change of status/extension of stay (I539) for H4 status to July 4 2018 (through underlying H1 extension).
- I had to travel to India while it was pending. USCIS issued an I797 - Approval for the extension of stay without abandoning it.
- At the port of entry, the I94 expiry was marked as Dec 25 2016.
- The expiry date does not jive with the original VISA expiry date Nov 252016 that was presented at the time of arrival. Nor does it reflect the I539 extended date of July 4 2018 (that was not presented at port of entry).

Please advise -
a) What action would I required to correct I-94 expiry date? Who do I contact to correct it?
b) I am filing for a I485 adjustment as a spouse of EB3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I539 has been erroneously approved till July 4 2018?

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Hi Rajiv,

My questions are related to H1-B visa. My H1B petition is selected and approved during current year lottery (2015).

While filing the petition, I was Indian citizen. But now, there is a change in my citizenship status. I am a citizen of Finland. As part of taking Finnish citizenship, i had to renounce Indian citizenship as India does not permit dual citizenship. Currently, i am holding a Finnish passport.

Please advise on..
1. Is it required to file any amendment to my petition due to citizenship change?

2. When I-797 was issued, it indicates, i need to appear for interview at US Consulate in Hyderabad, India. As i am living in Finland, using the same I-797 can i appear for visa interview in Helsinki? Does it require any changes to I-797?

3. If an amendment is to be filed, how long does this typically take.

Warm Regards,
Hello Mr, Rajiv,

I switched from Employer A to B last year under AC21, I have an approved 140 and 485 pending with priority date of 05/2009. When I switched, my new Employer justified to USCIS that both the jobs are same or similar.

Also as a backup , Employer B filed for new labor under the new title on 01/2015. Recently the labor was approved and has a priority date of 01/2015. My questions are:
1. Since I already have I- 140 and 485 pending from Employer A, do we need to file new 140 / 485?
2. How do I ensure I retain my old priority date if we need to file?

Thanks in advance for your guidance.

Dear Rajiv Ji,

My father who is a green card holder applied for FB2 for me and my brother (both over the age of 21), P.D. Nov 2011.

1) Can my father apply for his citizenship, he is be 4+ years in us, will that change our category to FB1, which is more backlogged than FB2.
2) I would like to visit both my sister (US Citizen), her family and my parents, should i apply for B1/B1... what are my chances, since my intent is declared to immigrate to US, when PD becomes current.

Thank you
FAQ: Travel while H-1 extension pending – change in I-94#
Hello Rajiv,
I had applied for H1B extn on May 15,2015 with I94 card expiring on Aug 29,2015. Due to some emergency, I travelled to India in June and returned in July with new I94 card expiring on Nov 2015.
Now, it's been 6 months that I applied for extn, no response from USCIS.
Will there be any problem since I filed my H1B extn with old i94#
Do we need to amend my case with new I94 card?
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Hello Rajvibhai,

I am in a situation that I would like to know what are the available best options for me to take.
I am on L1B visa since MAR2011 and have had visa renewed to JAN2017. My Employer has filed my PERM on JUN2015, so I have a priority date for the same. I beleieve PERM processing is currently taking 7 months as per DOL website, so am expecting a decison sometime around beginning of FEB2016. Now here's the thing, my son will be turning 21 years old on 12/31/2015, and I still want him to be included in my I-485 application when my Employer files for my and families Green card and my I-140 petition under EB2 concurrently as soon as PERM is approved.

- As my son cannot be on L2 after turning 21 years, and he is currenlty studying for PharmD in Boston MA, what is best status for him to change to from L2? F-1 He has already completed 2 years at Boston.
-Will he technically still be on L2 status whilst the L2 to F1 status change is being determined? I believe the I-539 L2 to F1 status change is currently taking 1 year to process by USCIS?
-What does Duration of Status mean?

- Will he be protected by the CSPA law for not "Ageing-out", if I-140 and I-485 are filed concurrently in FEB/MAR2016, and it takes USCIS 4 to 5 months to process the petiotions next year? My understanding is that his age at the time of filing the petitions in this case 21 years and 2 months is taken, and then the number of months the USCIS took to make a decision on the petitions is taken away to leave his age for consideration?

- My wife and daugther's L2 status is being extended via I-539 as currently on their I-94 they have until 12/30/2015 to stay. This end date was given as my son was on the original I-539 to extend their status. after my L1B visa renewal. My wife has an EAD card with the same end date 12/30/2015. Can we get Employer to file her I-539 and I-765 concurrently, so that my wife can get her EAD renewed in order for her to continue at her job after 12/30/2015?

- My wife's driving licence has end date of 12/30/2015 because of her I-94 with same end date, so will need to renew shortly. Will MVC take into account her I-539 status change filing which may take more than 3 months to process(so no new I-94 to look at) , as proof to determine to renew her licence? Can they not look at my current I-94 which will have the end date of JAN2017 and as she is dependent on my L1?

As you can see Ravjibhai, I have some very serious situations to take action on and would appreciate your thoughts.

Best regards,
Hi Rajiv Ji,

I am working for same large IT company A for past 10+ years.
I got H1B Visa in 2007 and my wife got H4.
I got L1B Visa in 2011 and my wife got L2 (Annotation: CLEARANCE RECEIVED - as she was working at Avionics Industry).
I got L1A Visa in 2013 and she got L2.
I am in USA and my petition for L1A extension is approved. I am planning to travel India for vacation next month.
My wife also need stamping to renew same class of Visa i.e. L2.
Question 1:

Does my wife need to go for visa Interview for her L2 stamping (as she has CLEARANCE RECEIVED on one of her prior visa, not on most recent visa) or she is eligible for Drop-box?
Question 2:
After coming to US on L1A in 2013 from same employer A, I got job offer from employer B and Employer B filed H1B for me, petition got RFE and finally denied. and I never worked for Employer B. Now my L1A extension is approved from same employer A and if I go to India, Do I need to go for Visa Interview or I can use the drop box facility?
As per USCIS one should have no refusal for for Visa in any class after most recent visa issuance (Note: my H1B petition from employer B was denied, I never went for visa interview for Employer B)
Question 3:
My employer A filing GC for me. Though I am on L1A they are filing in EB2. Reason: I came to US on L1B as Technical Analyst and converted my Visa type to L1A.
While converting L1B to L1A, I have shown my offshore organization chart as well. I was supervisor of associates and taking care of their appraisal, vacation approval, recruitment etc. My L1B petition says Offshore Technical Analyst. In this case is EB2 only option?
As Per USCIS "You must have been employed outside the United States in the 3 years preceding the petition". Can EB1 be filed only within 3 years of coming to US?
Question 4:
If they file EB2 and my I-140 approved. I have only 2 years remaining in L1A. After completing 7 years, do I need to leave US for 1 year and come back to US after getting new visa or is there any alternative?
If I leave US next year (completion of 6 years on L1A), be in India for 1 year and come back to US on same L1A visa. Can I convert EB2 to EB1? Is there any condition like L1A should be valid for atleast 6 months to enter US? Can I used same petition to extend my L1A as I have used L1A only for 6 years?

Thanks for your help.



Registered Users (C)
FAQ: Changing employers - what immigration documents should I keep
Namaste Rajiv Ji

Currently on my H1-B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon.

1) What documents would I need to have with myself - corresponding to PERM and I 140 - so that I can retain my priority date and start another green card process with a potential new employer ?

2) For the documents above - would I need to have the originals or the photocopies ?


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Registered Users (C)
Hello Rajivji
I have a pending I485 with USCIS (EB3 PD March 2005). The PD became current for filing dependents with the October VISA bulletin. While going through the I485 instructions, I saw that it requires an Employer letter stating the petitioned job is still available to the primary candidate. I will appreciate if you can provide guidance on the following.
1. For filing a dependent/Spouse I-485 (seperately from the pending I485 for the primary), Is an employer letter needed?
2. If yes, do I need to file an AC21 notification for my OPEN I485 since my JOB TITLE has changed with same/similar duties with the same employer?
3. Should I provide Employer letter with the NEW POSITION and a copy of my AC21 notification with my wife’s I485 filing?
Hi Rajiv,

My current employer is applying for my GC and has a provided a list of minimum skills for the job description which also requires 3 years of Experience and a Master's degree. I do have the required experience and also a Master's in CS along with all the skills requested but I acquired a couple of the technical skills in my current job and not my previous job.
All my jobs have been in the IT field in non-managerial roles with just change in job titles. But the companies I have worked with are in different domains.

Example: Company A was in IT services and Company B is Technology Company.

I contracted with Company B through Company A before converting to Full-time at Company B.

I was asked by the law firm dealing with my GC processing to list the institutions/employers from where I obtained these skills prior to joining Company B. The email said

"This will serve as your confirmation that you have satisfied all of the education, experience and special skills requirements as outlined by your manager, and that they were obtained prior to joining <Company B Name>. If you are unable to confirm where you have gained one, some, and/or all the special skills, you must inform us immediately.

I had the following questions.
  1. How does not having these skills obtained prior to joining my current employer affect me? Is it risky to apply for GC listing these skills as "acquired from current employer"?Do I have other options?
  2. I heard about the 50% difference between the previous and current job to be eligible to list the current job skills. Do the domain differences or the change in job titles count towards that?
  3. One of my previous employers went out of business. How does this affect my GC processing considering it will be hard to obtain any employment verification letters on the company letterhead? Are there any other alternatives to verification letters or any other solutions possibly?

Thanks a lot in Advance.
Hi Rajiv Sir,

I am on my 2nd H1B extension (valid till 7-1-18) after first one was approved for 2 yrs. I have started my GC process and have filed the PERM. Once PERM is approved, can I file I-140 & I-485 concurrently? Can I use my wife’s country of birth (Panama), who is under DACA status right now, but facing 10 years bar which is getting over in May 2018? I have read online forums where it says that both person should be able to adjust their status at the same time, is it true? Also, is there a way that I can atleast file my I-140 and I-485 using her country of birth or not? I will appreciate your response on the same.

Thank You,

Hello Rajiv,

I am US citizen and my wife is on CR(temporary 2 yr) green card. Recently I came to know that she got married to me for green card. I have following questions for you.

- Can I withdraw I-130 which is approved OR request to cancel it?
- If not, if I report fraud, what are the chances it comes as fraud on me too.
- If I don't apply for I-751, what are the chances/conditions she can apply on her own and get green card.
- If our divorce is not started/finalized when she have to renew her green card, can she apply on her own and get regular green card?

Thanks in advance,

FAQ: Maternity leave on H-1, FMLA and status
Hello Rajiv Sir,

First of all, Thank You Very Much for helping with the immigration issues via Free community call.
My wife is on H1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Paystubs ($0) will not be provided by the employer.

Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful?

State - New Jersey
Visa Type - H1B

Question 1 - Will a $0 paystub from employer be helpful to keep her in status while on leave?
Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?
Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without paystubs ?

We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.

If she changes her status to H4,
Question 4 - Will her current employer have to file a new H1B or a simple COS from H4-H1B would be required once she is ready to work?
Question 5 - Can COS from H4 to H1B be filed in premium processing ? If not, what are the timeline for processing of the same.

Thank You,
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Respected Rajiv Sir,
I am in US on H1-B and have stamping till 2016. My f2A priority date is May 13, 2014. I have my I-130 approved. Per the November visa bulletin, I will be current in the coming month. I assume the next step would be filing for Adjustment of status. How long would it take from filing of AOS to getting finger print appointment, medical and interview date? What time frame am I looking at to actually get green card in hand?

I am traveling to India from Nov 5 to Nov 28, would you recommend to file AOS in first week of November or should I get back and then file it in Decemeber?

Thank you in advance for your help.
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