Recording Available, October 19, 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 02, 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 Rajv Sir,

First of all Thank You So Much for your time and helping the community . I have few queries and requesting you for the details.

I am currently working on H1B in US for a MNC , My sister is a US Citizen and wanted to know if I wanted to understand the family based GC sponsorship .

1) is my sister eligible to sponsor a family based GC (F4) for me?
2) is GC process same for family sponsor GC (F4) and employer sponsor GC (EB1 /EB2)?
3) How does family sponsor GC (F4) process works? Will I get I-140 after labor clearance as part of F4 GC process? same as EB1/EB2 process?
4) Am I eligible to work /switch to other employer during the process of family sponsor (F4) GC? if yes when can I switch to other employer without impacting this F4 GC process?
5) Multiple GC process allowed? that means can I start family sponsor (F4) GC process and employer sponsor GC (EB1/EB2) ? since I am not sure whether my employer will sponsor the GC or not hence I wanted to choose Family sponsor (F4) GC.

Thank You.


New Member
FAQ: Pros and cons of adjustment of status and consular processing for green card
Hello Rajiv ji - First of all, I would like to thank you for all your efforts to help hard working immigrants in this country.
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19 2007, I-140 applied on July 9 2007, I-485 filed July 17 2007 - got laid off Oct 31 2008. - I-140 approved on Dec 29 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
Please advise.
Thank You and God Bless!
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New Member
FAQ: Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously
Hello Rajiv Sir,

Thank you for giving your time to address this issue.

I was on H4 visa from Feb 2014 till Dec 2015.
I was on H1 visa from Dec 2015 to April 2017. In april my H1b transfer got denied. Hence I applied for change of status from here (april 15 2017) and now my H4 application is under process.

In Dec 2016 (while I was on H1b visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.
1: Is there a website where we can check the status of labor, if it has been approved?
2: When can I file for I140? Is it true that it has to be filed within 180 days of labor approval?
3: Can my GC application continue whilst being on H4 visa? Does the GC process, at any stage, require the applicant to be on H1 visa?
4: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?

Thank you again for the efforts and free community conference calls to help out people.
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Harshal Patil

New Member
FAQ: Changing status from tourist or business visa (B1 or B2) within the United States
Dear Rajiv Sir,

Greetings of the day!
Thank You So Much for your time and helping the community.

Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got stamp for 6 months (i94 expires on Mar 31 2018)
This is 3rd time I'm travelling to US on B1.

Below are the previous trip details,
1) Aug 02 2014 To Sep 28 2014
2) May 03 2015 To Jun 15 2015
3) Oct 1 2017 To till date (Nov 11 2017)

Now my company wants to file L1B petition for me. Employer is ready to file an application for L1B in USA if it is legitimate.
1) Now I'm already in US, so Is there a process to get my L1B with out going back to my country (India)?
2) Is B1 to L1B is complex process?
3) Is there any complication(s) if I put my petition in USA?
4) What will be the time frame to get L1B?

Thanks in advance.

-- Harshal Patil
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New Member
FAQ: How to read the visa bulletin?
Dear Rajiv Ji,
Please clarify the following:

In the USCIS Visa bulletin along with the Dates of Filing chart for Employment based Category the following there is a link to visabulletininfo

Purpose of this link:
This page will tell if the Dates of Filing for Employment based chart is valid or not. If it refers back to visa availability dates chart for Employment based Category then Dates for Filing of Employment based Category is no longer valid for the current month of publication of uscis Visa bulletin.

If my priority date is December 2007 and dates of Filing states as January 2008 and the link to visabulletininfo states not to use the dates of Filing chart and use the visa availability dates chart which is October 2006 then I cannot file my application.

Please let me know if my assumptions are correct.

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Miya Raj

New Member
Thank you very much for your un-selfish service Mr. Khanna. My question is as below:
I have a full-time employment on H1-B from an employer. Can I file for a concurrent H1-B through a consulting company floated by my parents (they are US citizens) or my wife (who has H4 EAD by virtue of my approved I-140)? Do they have to run my payroll when I am not working on any projects, or can they state that I do not have any running projects? Please advise. Also, if I get laid-off from my full-time employment, I understand I can make my concurrent H1 the primary and then need to maintain a steady stream of projects. Correct me if I am wrong.


New Member
Hello Rajiv Sir,

Thank you so much for taking time to answer our questions. I immigrated with my parents to the US in 1986. USCIS issued a resident alien card in NA3 class for me in 1986. In 1988, I returned to India along with my family. My father maintained his status as a legal resident alien card until 1996. But unfortunately he met with an accident that year and was not able to return to the US within the window to maintain his status as a resident alien. His application for returning as a resident alien was rejected. So our entire family thought that we lost the legal resident alien status. I came to the US in 2007 to study on F1 visa and eventually started working on H1B. My employer has already applied for my green card in EB2 category. Recently when I was reading through some immigration related blogs to see if my resident alien card is still valid, the attorneys in the blogs suggested to consult an attorney to discuss my case. They mentioned that resident alien cards issued between 1979 and 1989 do not have an expiration date and that I should go to USCIS center and renew my greencard/resident alien card. Is it true that I have a chance to renew my greencard that was issued in 1986 in NA3 category?

Thank you!


New Member
FAQ: What type of questions can be asked in consular or adjustment of status interview for employment based applicants
Hi Rajiv Ji,

I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview.

I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example.

Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in india because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?

The following questions asked by officer in 2012….

Do you know the owner of the company?

How many employees the company have?

Need for your position ?

Notarized list of employee listing – Work location, Designation, Salary, Client (If any) , Immigration status.

Past Customer testimonials – Description of projects, Project schedule , Resources used, timeline for completion

Names and number of employees to supervise. – I think mine will be independent role of architect…..

What kind of projects the company did and how many clients they currently have?

Where the clients are located?

Current work description

Thanks Again for the great service. GOD BLESS!!
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April Wilson

New Member
FAQ: Effect of a speeding ticket on green card or naturalization/citizenship
Hi Rajiv Ji,

Thank you very much for your time and help.

I got speeding ticket ( It is not related to DUI and no arrest, just a ticket) recently. I didn’t contest the ticket and plead guilty by paying fine of 170$, I have receipt of payment. Do I have to wait for another 5 years from the date I got ticket (Good moral character period of 5 yrs as per USCIS) to apply for US citizenship to show good moral character ?

is there any risk that my application will be denied because of this single speed ticket. I dont have any other crime/ convictions on my Record.

Thank you
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FAQ: Effect of moving abroad while still on H-1B visa
Dear Rajivji,

Thank you for helping the community.

I am staying here in the US from last 4 years 10 months and have I-140 approved (Received approval Jun '17). To fulfill personal commitments, I am going back to India in Dec '17 for some time however my H1B extension is still in progress (Filed in Aug '17). I am not sure whether the result will be out before my travel.

My question is -
If I change the employer in India, is there any way I can come back? What all options I will have?
Can my new employer eligible to transfer my H1B from India in case current extension gets approved or RFE or Denial?

Kindly help.
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New Member
FAQ: Denial of H-1B on Level 1 wage issue
Hi Rajiv,

Thank you again for this service. I guess my question in the last conference post was not clear.

I have joined a company based on H1b transfer receipt and have got rfe of LCA wage level 1.
If, by any chance, the petition gets denied then can the same employer file for new h1b transfer with LCA wage level 2, right after the denial?

Is it advisable to find another employer and start a new h1b transfer processing while the current one is still under rfe received/response status?
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New Member
FAQ: Doing business on H-4 EAD
Hello Rajivji,
I am on h1b and my spouse is on h4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India.

I would like to know if she can do such online business where the items are going to be shipped from India.

Let me know if you can not address this question on open forum and would like me to do one on one meeting.
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New Member
Which is CONSIDERED : I94 in Passport given by CBP OR I94 which is given by USCIS along with I797A

Dear Rajiv Ji,
Thanks a lot for your help to the Community

1. My Dependents (Wife and Son) are in H4 and I am in H1
2. My Dependents entered US in Mar 2016. They both have H4 VISA Stamping in their Passport until December 2018. When they entered US they had Passports only until July 2017. So the I94 was given only until July 2017
3. I applied for their new passports right in US and got them in May 2017. Now both of them do not have their I94 in their new indian passports. And their Old Indian Passports are expired and I94 in their Old indian passport have expired.
4. However they have their I94 which is attached with their I797A which is valid until December 2018
5. I went to CBP Deferred Inspection Site (Newark Liberty International Airport) to get this I94 updated. CBP said they cannot do it and they asked me to go to USCIS office in Newark, NJ. I am sure USCIS will not help.

Please advise what should I be doing?

1. In the last show you mentioned we need to go to Mexico Border CBP or Canada Border CBP (Near Niagara Falls) to get this correction in I94 done without leaving the country by paying a $6 fees
2. Should I leave the Country along with my dependents and come back to get a new I94
3. There is nothing needs to be done as my Dependents have the I94 attached with the I797A and they are good to stay in the Country

Should I go with option 1 or Option 2 or Option 3.

I just want to make sure both of my Dependents are not OUT OF STATUS. Please advise

If I go to Mexico does that country require a visitor VISA? Canada requires a VISITOR VISA for sure



New Member
Hi Rajiv,

Thanks for your service by helping many people through this conference call.

I am on L1A and my extension is filed with USCIS. I already completed 6.5 years in US and will get extension of around 6 months.

My wife is on H1B and her employer filed GC (EB2) for her, PERM is approved and they are filling I-140 in premium.

Can my wife request her employer to file H4 for me without Change of Status (COS) as I want to keep working with my current company on L1A until I get H4-EAD, and once H4 & I-140 approved, I can file for H4-EAD (I am still on L1A as I didn’t file COS) and once my H4-EAD approved, I can file COS and start working on H4-EAD or I need to go out of USA and come back with H1B stamping to use H4-EAD?

Once my L1A petition approved, I am planning to visit India and will have to go for stamping. Will it create issue in stamping if visa officer see my H4 request pending?

While filling DS160 form, it asks if someone applied immigration petition for you, Do I need to answer yes and provide my spouse's employer details or not needed?

We both will go for Visa stamping, my wife will go for H1 and I will go for L1. DS160 ask if you relative/ spouse is in US, Shall we answer yes or no? As during that time we both will be in India and need stamping to returned back to US

Appreciate your help.




New Member
Dear Rajiv,

Thanks a lot for your help.


Was terminated on h1B in Sept end; Was on a unpaid leave of absence during September. Is the grace period starting from date of termination or the last salary date9( which is August end, due to leave without pay)


The employer has revoked the H1B. I have a H1B stamp from my previous employer, valid until July 2019; If I find a job and new employer files for H1B petition, do I need to get a H1B stamping before beginning to work? Until when this may be possible to begin working without needing a new visa stamp?

Until when can I continue to stay in the US to search for a new job and what are the implications of that on H1B petition or future H1B stamping.


New Member
Dear Rajiv jee
Well, we are in a precarious situation with a lot of unanswered questions troubling us. It will be great if you could comment on our case as well:

My wife is on H-1B visa. Her employer restructured and unfortunately she was laid off. Her I-94 expires on Dec 1 2017 and if she had continued employment, she would have completed 5 years on H-1B on December 1st 2017. Her last date of employment was October 17th 2017. I have an approved I-140 and my H-1B is up for renewal too on December 4th 2017.

We have a couple of alternatives:
  1. Find a job during the 60-day grace period that USCIS allows and get the new employer to transfer her H-1B. Given the fact that its last quarter, its appearing increasingly tough although we are trying.
  2. Apply for her H-4 and H-4 EAD concurrently (based on my I-140) and meanwhile look for a job. In any case, it takes a couple of months or more to complete all the interviews and by the time she has an offer in hand, she is more likely to receive her EAD.

  1. Given the fact that she still has 1 year left on her H-1B (out of a maximum of 6 years on H-1B), will it be possible to change her status from H4-EAD to H-1B (to use the remaining one year of her H-1B visa) if she finds an employer after December 1st 2017? Will her H-1B application be cap exempt (not part of the H1B annual lottery)? Will her employer be able to apply for her H-1B at any time of the year (instead of first week of April as its usually done for new H-1B application)?
  2. What happens if we apply for H4 and H4 EAD concurrently in the first week of November and she finds a job in 2nd week of November with an employer who is willing to transfer her H-1B? Will her H-1B become void the day she applies for H4 change of status or will it become void the day her H4 application gets approved? If she finds a job before H4 application is approved, do we have an option to withdraw her H4 change of status application?
  3. Is there a benefit to concurrently file for H4 Change of Status and H4-EAD? Is it any faster to get EAD if both the applications (H4COS and H4EAD) are filed concurrently and H4 COS is processed using premium processing?
  4. What would be your recommendation - Shall we try to find an employer who is willing to transfer her H1B or process her H4 COS and H4 EAD? With H1B, there is a certain degree of risk mitigation - if her new employer could process her GC, it will give us some security in the sense that if I land up in her shoes, I'll have the option of changing my status to H4 and get H4EAD. Having said that, H4EAD makes one more employable because it cuts down on cost and its a lot easier for companies to hire people who already have work authorization.
Thanks in advance!


New Member
Hi Rajeev, thank you for your answer to my earlier question. I two question:

(Info: My 60 day grace period will end Oct 31st 2017. I have an approved I140, PD Sep 2012. My Original I-94 is valid until Sep 30th 2018)
Q1: Is it advisable to do a COS to B2 and continue to stay, I have a potential employer who will file my H1; but not before Oct 31st.
Q2: My previous employer(For whom I was working until Sep 01 2017 before the RIF) 'O', is now willing to re-hire me. Should they apply for a new H1B or just continue to work with existing approved H1B petition? Will a new LCA be filed and certified? OR a new LCA should be filed and certified?

Thank you for your feedback!


New Member
Hi Rajiv sir,
I'm currently on H1-B with approved I-140 (approved 3 years ago with current employer). My wife entered United States under F1 visa and she started working on OPT Visa as a full time employee since June 2017. Her OPT visa expires in June 2018 ( she graduated with MBA which is non stem, so has only one year of OPT Visa). My wife’s employer will apply for her H1b visa and H4ead concurrently in April 2018. The h4ead is a backup plan in case her h1b is not picked in the lottery.
My Question:
If I move to another employer in the near future, say my new employer initiates my Green Card process, I understand that I will have to go through the labor process again. Would that affect my wife's H4 EAD application if my Labor process is still processing? or it doesn't matter as I have approved I-140 with my previous employer. Please advise
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