Recording Available, October 20, 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: November 03, 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

I have H1 visa stamping till April 2017. Recently have applied for extension and got the H1B extension till 2020.

Question : I have plan to visit india in december 2016. I would like to get h1b stamping done for additional 3 years based on new approved h1b petition.
Please let me know if this is can be done.


New Member
FAQ: H-1B or Green Card changing job roles, How soon should I-485 be filed once dates are current

Hi Rajeev,

1.I have H1b and I140 approved for Role of Developer, Now i want to change my Job Role as Business Analyst with a new client.
(Pls note: Both require same educational background but the responsibilities will defer a lot between the two.)
a. What is the procedure to go about the change?
b. Will it impact my H1b and/or approved I140 which were approved for role of Developer?
c. Will this raise any additional questions from USCIS since i have been in developer role for past 10+Yrs now?

2. Also is Birth Certificate mandatory while filling I485 ? Or Can we show any other supplement document as proof.

3. how soon should we file for I-485 once my Priority date becomes current.Is there any time frame ?

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New Member
FAQ: Does CBP officer at the airport have the right to search belongings, cell phone, etc

Hi Rajeev Namasthe,
recently a H1 Employee was stopped at Chicago,IL port of entry. The employee has valid H1 visa stamping .After intial general questions the employee was asked to wait in a secondary screening area. Where the employee was asked to handover his Cell phone to the CBP officer.

The CBP Officer then looked in to all his email communications . The officer read all the emails of the Employee to his employer and the CBP officer also saw his resume.

The employee was then scrutinized more and at the end his H1 visa was cancelled and the employee was deported to india

In general does the Port of Entry officer (CBP) has any right to check our Phone or Laptop. If he has the right to check our phone or Laptop , does the officer has right to check emails and other documents in our Phone/ laptop with out a warrant or something. Without any warrant or record can he check our personal information. I understand the CBP officers have to check our belongings to see if we are bringing anything harmful to this country. But when it comes to electronic data and other things that are private right?
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Dear Rajeev Sir,

I am in F1 visa, During the spring term i was treated in Emergency room for my Kidney stone problem. I gave my Insurance details a day later, but i never got any bill though I had only 80% coverage. I Renewed my Insurance again in Fall 2016. I wanted to check what was the total cost of my treatment so when i called the medical center they told me that i have around $11000 as due and they also informed me that My insurance is not updated. But i sent my call details to prove that I called and gave my details. Now the problem is Insurance people are telling me that, they can pay for the bill as my plan is renewed.

My question is, How can I come out of this problem, I have done my part but its their employees mistake that they haven't updated the details and not sent the bills to my insurance company. Kindly suggest me a solution for this, I had given my SSN and all details to hospital and worried about legal consequences.


New Member
FAQ: Changing jobs while a quota H-1 is pending

Dear Mr. Rajiv Khanna,

I have a question on whether could change my job considering my following situation:

I am currently working full time for a reputed company on my 17 month STEM - OPT Extension which is valid until Jan 2017.
My current employer filed for my H1 this year and I have the receipt number but still awaiting approval.

So, considering I have my H1 visa application in process, am I eligible to switch employers? If yes, would my new employer be able to transfer my pending H1 application?

Appreciate your help here!

Thank you!
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radhakrishna m

New Member
FAQ: Changing jobs after I-140 approval
Dear Rajeev Sir,

I am really in confused state to change job with this scenario.

I moved from Company A (L1 B) to Company B (H1 B) in October 2014. Company B initiated my GC process in June, 2014 itself as future employment and I-140 get approved in February 2015 and priority date is June, 2014.

I completed 6 years max out (L1 + H1) and got H1B extension upto July, 2018 based on my I-140 approval. Now I got an offer from Company C and promising me that they will file my GC after 6 months.

1. If I join Company C and file H1B transfer based on my I-140 approval will I get 3 years extension (October 2019) ?
2. What happens if my Company B revokes my I-140 as soon as I joined Company C will I get same old priority Date ?
3. My roles and Job Descriptions are changing from Company A to B to C, will it effect my GC priority dates ?
4. Company B says that they should revoke my I-140 because of Ability to Pay Clause, is it true ?
5. If no issues with all of my top 4 questions, What else do I need to make sure before I joining Company C ?

Really appreciate for all your help here.

Thanks & Regards

Changing Jobs After I-140 Approval and H-4 EAD Question

Currently on H1-B (beyond 6 years - 3 Yr extension based on I140 Approval) - I140 Approved with Employer A

1) If I am planning to move to employer B - per my understanding it is important that the until the new PERM and new I 140 is approved - employer A should NOT be revoking the I - 140 - so that the PD is retained as per the current practice. Is that right ? In general - can the PD is typically retained as the current practice - if the previous I 140 is revoked (but not for any fraud or misrepresentation) - especially in the light of BIA decision for Grace Estrellado, A089 056 676 (BIA Nov. 19, 2014) case ?

More Info -[Deleted - external link]

2) In this case, can the H1-B be transferred (and extended - as it is closer to the end of current 3 Year Period) from employer A to employer B - and along with H-4 extension and H-4 EAD re-application - based on the Employer A approved I 140 - if NOT revoked - until the new PERM and new I140 with employer B is processed and approved ?

3) Any specific updated regarding I-140 EAD rule - as this rule apparently has some clear directives about both I140 revocation and PD retention and H1-B Grace Period of 60 days (which is 0 days currently).

Thanks Much

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Dear Mr. Khannan, My name is Renju and am a BSN with two years of nursing
experience from India. Currently am a student in One of the universities in
US, doing Master of information technology in health care informatics and
also am on CPT. I passed the NCLEX two months ago and am currently
registered with Illinois and Maryland board of Nursing. I have two concerns to
1) with the RN license is that possible for me to work as a nurse with
the current CPT, because the course am doing is technology related, if can not work as nurse with the current CPT is there any solution ?
2)how to get the Greencard with my present situation ?
looking forward for your reply.
Thank you in advance.

Anand Joshi

New Member
This is Anand Joshi. My parents entered US on 15th Aug 2016 on tourist visa. They have their I94 exit date as 15th Feb 2017. They plan to return to India on 15th Nov 2016 and return back to US on 15th Jan 2017.
Is the following scenario inviting problems-
The scenario that their second visit to US (on 15th Jan 2017) is before the expiration of their initial I94 exit date (15th Feb). Do they risk being granted an I94 just till 15th Feb at the time of their second visit on 15th Jan 2017.

Hi Rajeev,

My name is Deepthi.

I joined company A on Feb 2013 on OPT and H1b got approved in that year with job title Programmer Analyst. In Mar 2014 I started working for a end client (University) with company A. In Oct 2014 I moved to company B (H1b transfer with job title Programmer Analyst) and continued to work for end client (University) till date. Company B started by GC in EB2 category in Dec 2014 and I 140 is approved in May 2016.

Now University wants to hire me full time which I accepted. So university hr has posted a job search with job title 'Data Integration Developer' with some job descriptions which are similar to my previous job descriptions and job search says 6 years of experience (which I have) and Bachelors is must and Master is plus (which I have).

They want to use the same job search for Green Card process as well so the lawyer from university says that they cannot use my experience with university for PERM process since I am working as contractor for university. Without university experience I have only 4 years 3 months experience so the lawyer says this is not enough to file GC in EB2. And since Masters is not required for job search so they cannot do my GC in EB2. But my question is why my experience with university is not counted?

In order for university to do GC in EB2 what they need to do?

The university is ready to re-post the job search to make it work for GC in EB2 so please suggest me what to do so that I can explain to hr.

Thanks a lot!
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Sunil Kausik

New Member
Hi Rajiv,

My question is on the EB1C category applicability for me specifically on the 3 year clause ( I am aware of the other requirements and qualify on them). Here are my case details.

I have been in a managerial position with my current organization ( Big 4) in India from 2012.

I came to the US on a L1B in April 2014. Have been continuously working in the US since then, except for a trip to India for less than 30 days in a year.

I converted to L1A in Canada in August 2016 and entered back stateside.

My question is

1. How is the three year clause calculated for EB1C ? Is it
a. Date of the petition filed for GC ?
b. Annual year ?
c. Date I became a non immigrant ? If so, will the L1b start date be considered or the L1A ?

2. Basis the information above, would I be eligible for EB1C purely from the the 3 year clause (please ignore other factors that go into EB1C) if a GC is filed in May 2017 ?

3. If there is a cutoff period for the EB1C for my case basis the months, can you let me know when I should apply the latest to qualify in the 3 year clause ?

4. Given managerial position throughout, is their an exception or a waiver clause for the 3 year rule ?



New Member
FAQ: Applying for reentry permit

Dear Rajiv,
My parents' green cards were approved in 1/2014. They went back to visit China about 11 months ago. My mom has a lot of health issues. She did surgeries and was also hospitalized when she was in China. They have booked their flights to come back before their absence from the US reaches 12 months. Would Immigration at the airport give them a hard time for being out of the US for almost a year? Also, they plan to apply for a Re-entry Permit to allow them to come back to the US once every 2 yrs because she still has other medical follow-ups in China, which are much cheaper over there. It would be hard for 2 old people to fly back and forth frequently. They would like to maintain their US resident status, but don't necessarily care about applying for citizenship. How long should they wait to apply for a Re-entry Permit from the date they entered the US this time? Do they need to prove their US ties to convince USCIS to approve the Re-entry Permit or question their intention to keep their residents status? They live with me in the US, so they don't own or rent any houses. They filed for 2014 federal income tax returns, but didn't file for 2015, because their income levels are below the required filing threshold. thx for your input on these issues! Lia
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Somen Ghosh

New Member
Hi Rajeev -

My H1B amendment is filed recently and still its pending with USCIS.
I have immediate plans to visit India and come back.
I have visa valid till 2018 as per my old petition and the latest LCA approved copy.

So, would there be any problem at POE while coming from India, during my Amendment case pending at USCIS ?

Could you please advise me ?

Thank you!!

Somen Ghosh


New Member

I have a concern about US citizen traveling abroad. Follow the story:

Mr Jagan Teddy, Indian citizen, was granted the asylum status in the US as he has some threat with his relatives back home in India. He has adjusted his status to Lawful permanent resident. Today, Jagan Teddy is a US Citizen through Naturalization and has a US passport.

Here are the questions:

1- Can Mr Jagan Teddy, with a US passport, travel back to India as a simple visitor ? .
a)If Yes, what Jagan Teddy have to do before leaving the US ?

2 -Jagan Teddy's Travel to India ,is it going to be be suspicious to US immigration.

3- What steps needs to be taken if Jagan Teddy sees a need to travel to India for a short while.

4- Can such frequent visits to india raise concern to US immigration.



New Member
Hi Rajiv,

I am looking for some clarification on H4 EAD for my wife.

My H1B is expiring on Nov 3 2016. H1B & H4 extension is already filed (I have a receipt notice for both) Also I have an approved I140. Currently my wife is in India on Vacation she will be back on Oct 24th.

I am thinking of filing H4 EAD on Oct 24 (On the day she reaches US) using the extension receipt no and new I 94. I want to check would it be a fair idea to file H4 EAD when we have only 10 days valid visa left.

Santosh Naik

Hi Rajiv,

We have H1B & H4 visa Valid and stamped until Nov 3rd 2016. H1B & H4 extension is already filed together (I have a receipt notice for both) Also I have an approved I140. Due to some personal emergency we both had to travel to India after the extension was filed. I have entered back in The US on Sep19th and my wife will be coming back on Oct 24th 2016 which is before the existing I 94 expiry.

Will there be any issues while she travels back on Oct 24th 2016?
Will there be any issue with the H1B and H4 Extension case ?
Can I file H4 EAD on Oct 24 (On the day she reaches US) using the extension receipt no and new I 94 when we have 10 days valid visa left ?

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New Member
Hi Mr. Khanna,

I received my first H1B visa in October 2006, and was on H1B status until July 2009. I moved to an F1 status in Aug 2009 and subsequently left USA in Dec 2010. I, therefore, utilized little less than three years of my H1B visa. The company I worked for during the time on H1B in US had filed for my GC, and I have an approved I140 from that employer. Now I am back in the US on an L1B status with a new employer. My questions:

1) I last held H1B, as of October 2016, more than 6 years ago. Can I work in h1B under H1B remainder option rule?

2) Given I have an approved I-140, which is still valid, can I work for a firm on my previous H1B visa on an H1B extension without having to go through the H1B quota again, even though it's been more than 6 years since I was last on H1B?



New Member
FAQ: Filing a PERM based green card through a company owned or managed by a relative

Hello Rajiv,

I work at a company owned by my brother. That company did my H1B. Is it allowed for them to file my Green Card as one of the owners is my brother? If yes, then is it required to specifically disclose the relationship between the applicant and the employer? Will it make my case subject to higher scrutiny? At what stage will this scrutiny happen, prior to I-140 or after that?

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New Member
FAQ: Filing green card while on student visa F-1

Hello Rajiv ji,
I'm a 33 yr old male. I came to USA in 2001. I did my undergrad in USA from 2001-2006. Spent 1 year on CPT working (2006-2007). I spent 6 years after that (2007-2013), working on H1b, did not get my green card process through, so returned to India at the expiration of H1. (nov 2013).
I spent less than 7 months in India (Nov 2013 - Jun 2014), before returning to USA on F1 visa to do MBA. During my MBA, I was able to work as well, as this university provides CPT to work full time. I finished my MBA (Feb 2016) and am now doing PhD from same university.
As a result of not spending 365 days outside of USA at the expiration of my previous H1, I know I'm not eligible for a new H1.

My question is:
1) Can a company file for my green card, if I'm on F1?
- Is there any chance of rejection? Does it depend if the law is applied liberally or literally?
2) If it can, at the onset of I-140 approval, can the company file for an H1? I've been told, that an approved I-140 takes precedence over the "1 year outside USA" rule, so there will be no issue when applying for H1b visa.

Thank you sir.
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New Member
Hello Rajiv,

Few questions.

1. My cousin went back to India permanently in 2013 while waiting for Green card on EB3. Will there be any issues if they apply for US visitor visa from India?

2. Once a green card is received, how soon can I change the employer?

3. While waiting on EAD renewal, if the current EAD gets expired, are they any options to continue working and renew the Driver's license?

4. When I-140 approval is requested using form g639, does it include the detailed job description?

Thank you


New Member
Hi Rajiv Ji,

My Sibling had filed for a I-130 Application immediately after she became a US Citizen
After that I got married to a US Citizen & now in USA on a Conditional Green card.
I recently lost job .

I had used Government sponsored Medicaid(for pregnant women) for her delivery & have a baby born here.

I have the following questions for you .
1) Do I need to inform any Government Agency (like USCIS ) to abadon or cancel my Previous I-130 filed by my

2)Can i use Women , Infant & Children(WIC) Programe for my Wife & baby.

3) Will I have any problems while applying for Removal of Conditions/Naturalization if i use any such benefits/government assistance like WIC , Medicaid ,etc ?

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