Recording Available, October 29, Community Conference Call with Attorney Rajiv S. Khanna

Not open for further replies.


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 12, 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.
Last edited:


New Member
Hello Rajiv Ji,

I came to USA from Canada on TN dependent visa (TD visa) and has expiry date of dec/24/2015. then I got a job and got TN visa in Oct/2013 with expiry date of Oct/2016 and immigration officer suggested to keep TD visa I-94 also. Then I got laid off after one month, so am continuing on my TD visa. If I go out of country, can I enter back as dependent visa on my spouse new TN visa which has a new date of July/2017.

Thanks a lot ...

FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved
Hi Sir,

My H4 to F1 is approved on October 08 2015.

My Spouse Employer filed H4 extension for me which is currently in Process. We sent this H4 withdraw letter and it has been reached USCIS (Vermont Service Center) on Oct 13th 2015.

Could you please let us know approx when do USCIS withdraw this H4 extension?.

If by mistake USCIS approves this H4 Extension, can we fight with USCIS to withdraw this H4 extension.

Last edited by a moderator:
Hello Rajiv ji,
Appreciate all the good work that you are doing.

Here are my case details
I- 140 Approved with PD feb 2012 through company A. Moved to company B. Perm approved I-140 pending from 302 days through company B. Company A acquired by Company C. Not aware of the type of Acquisition. Company A website still exists. Wife's H4-EAD got approved using company A I-140. My new H1B approval notice has A# matching with approved I-140. Both the I-140 papers are prepared by same attorney.

1) Can I assume that my I-140 with company A is intact and will retain PD.
2) I am in good relationship with both company A and C. Have received emails from Company C that they would be happy to hire me. Not knowing the type of acquisition, what should be my steps to reaffirm that my i-140\PD is intact. Is it the responsibility of my attorney to ask company A\C for the type of acquisition,etc. Attorney indicated nothing is required.
3) Having an A# on h1b approval notice. Does this have any significance?
4) what could be the reasons that my current I-140 is pending from 302 day? what actions should i take? Attorney has call and generated 2-3 SR but no updates. I will complete my 6 years in 2016.

Employers hires on an employee h1b visa and files for green card for future employment. Several months later employer terminates the employee and informs USCIS regarding H1 withdrawl/termination. At the time of termination I-140 has been already approved and I-485 is pending adjustment. Employer doesn't inform USCIS regarding green card petition and employee start working with an other employer (similar wages/work) on EAD and intends to port I-485 in future. However subsequently I-485 is approved and was never eligible for portability as approved in less than 180 days. Is this green card valid for any work authorization? if not why, as both parties had the intent of permanence at the time of filing petition and no fraudulent intentions present?
Hello Rajiv Ji,

I came to USA from Canada on TN dependent visa (TD visa) and has expiry date of dec/24/2015. then I got a job and got TN visa in Oct/2013 with expiry date of Oct/2016 and immigration officer suggested to keep TD visa I-94 also. Then I got laid off after one month, so am continuing on my TD visa. If I go out of country, can I enter back as dependent visa on my spouse new TN visa which has a new date of July/2017.

Thanks a lot ...

ask on You will get a better answer. I dont see a problem personally with you re-entering. Just ask to be admitted in TD status and have the documentation of your spouse's TN paper work. Btw, what is your status now?


New Member
FAQ: Writ of Mandamus against delay
Hello Rajiv Ji, I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).
Last edited by a moderator:


New Member
Also, does filing a FOIPA request against USCIS for information on case details (for my pending I-485) give me details on content of my case and the case hold-up?
Hello Rajiv Ji,

I am an Indian citizen holding Indian passport but I was born in Iraq. I know that the country of chargeability for GC through PERM process is country of birth supported by birth certificate. I have the birth certificate. I was issued the birth certificate from the indian consulate in Baghdad. It says 'certificate of birth of an indian citizen within the district of indian embassy at Baghdad' along with all the details. My question is will this be considered as birth certificate by USCIS. Because I have been reading that Iraqi health ministry does not issue any Arabic birth certificate until one of your parent is Iraqi citizen. If this is not sufficient what other document I will need to support the case.
I am from India, My daughter is in 17 month extension of OPT till end of May 2016 and her H1B has not been picked up in 2015. I request guidance in respect of :
1. If H1 picked up in 2016 and if the communication did not receive before OPT expiration date should she come to India and wait upto October 2016, go for H1 stamping and then enter US?
2. How much faster the Premium processing communication comes to the candidates.
3. If H1 applied from more than one company, if she gets H1 for the other company.. she should leave the present company and join that other company ... and in how much time she can switch to the original company applying H1 transfer?
4. Can she come to India in December 2015 when her OPT is expiring in May 2016. Will there be any problem at port of entry, or since she is working for a decent American company, there will not be so much problem?
FAQ: Investment property while on H-1 (Buying and renting out a house)
Hello Rajivji,

I am on H1B visa and in green card process (waiting for I-485 date to become current). I would like to know if I buy and rent houses on my own name (without forming an LLC) and actively manage the activities (finding a renter, maintenance etc) and make profit out of those rentals, then would it violate my status?

Last edited by a moderator:
Hello Rajeevji,

I had few questions which I hope you can provide some insight into. Thank you for your help and time!

My current H1B visa is expiring in Dec 2015 (6 years max out) and I have my 140 approved with my current employer. They recently filed my H1 extension and my wife's H4 extension in regular processing.

Below are my questions:
1) Can I transfer my H1B to another employer AFTER Dec 2015 or do I have to wait until my H1 extension with my current employer is approved?
2) Also, if I switch employers and if my current employer withdraws my I 140, will that I 140 be actually be withdrawn? From what I understand, USCIS revokes an I140 ONLY if its determined to be fraudulent. Please share your thoughts.
3) My wife's and my I-94 are expiring in Dec 2015, but with the above mentioned H1/H4 extensions filed, will our I-94 get automatically extended until the new H1/H4 expiration date or do I need to do anything from my side to extend the I-94?


Registered Users (C)

Here is my question:

I am a greencard holder and my minor son(7) has a tourist visa. Might there be an issue to enter together at the point of entry? Meaning they might see he is my son and suspect he is not really there as a tourist if he is entering with me. Will it be safer to send him with a family member who is also a tourist or it shouldnt make a difference?

Thank you
Hi Rajiv,
My perm was selected for a random audit few months back and in response my attorney has supplied all the required documents . However it was denied recently and the reason provided is that the ads were missing in the newspaper clips on two given dates . My attorney has confirmed that the required ads were present for all dates including those in question.

Meanwhile we have filed a MTR with all the required clipping documents .

My Questions are :

1) Have you seen similar cases in the past where the case could be denied based on some missing documents (which were already supplied in audit response).
2) What is the turn-around time and probability of success in these types of cases.
3) Can a new application be started with same employer or worthwhile waiting for response.
thanks for your time.

FAQ: Priority date loss upon revocation of I-140
Namaste Rajiv Ji

I recently came across some forum links regarding the BIA decision about not retaining the PD when one changes employers after I - 140 approval. P

1) Per your experience, has that been made more like a standard practice at USCIS ? Is there any difference between I 140 revoked by employer - vs - I 140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ?

2) Changing from Employer A to Employer B - If Employer B files the PERM before I 140 by employer A is revoked by the employer A - would that help retain the PD corresponding I - 140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I 140 approval ?

Thanks a Lot Sir.
Last edited by a moderator:


New Member
Hello rajivji,

My spouse filled for citizenship on 27 April 2015 ,finger printing done:29 may 2015 at San jose USCIS service center and since than waiting for interview call.

Infopass inquiry:sept 15 2015 -reply-waiting name check
Inquired through congress man-23 October 2015 -reply - application withNational benefit center for name check
Inquired to customer call 800 number of USCIS- reply -san Jose service center back logged and processing 6 April 2015 application so call after 3 weeks and will create service request to expedite the case.

Little confused about different replys and what we can do to push the application.

San Jose service center completes process in 5 months as per USIS website
H-1B Laid Off Issues
Namaste Rajiv Ji,
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H1B which first started on October 01, 2013, latest I797 valid until December 2017.
  1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
  2. My I94 admission validity is until October 2016; with no employment, does this mean anything?
  3. Before I transition into a new H1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
  4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H1B?
  5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
  6. In your experience, how long does the USCIS take to update a revoked H1B petition in their systems?
  7. If my new employer files for H1B transfer before the update but with pay stubs older than 30days, do I have to mandatorily leave the country for new H1B stamping before starting to work?
  8. If such is the case, is it best to change to a B2 status and have my next employer apply for new H1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption?
  9. Can my employer continue to pay severance checks when I am on B2 status?
  10. What happens if my new employer applies for H1B transfer with severance paychecks, after USCIS has updated their records?
  11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H1B or transferring new H1B?
  12. What other words of wisdom do you have for me?
Last edited by a moderator:
Hello Rajiv Ji,
I am posting questions on a somewhat unrelated topic from my previous H1B severance related concerns. Please feel free to move this set of questions to next call, if you are running out of time. Please give preference to others posting after me.
  1. I have long been thinking of starting my own technical product company. Can I do this being on H1B or can I self sponsor a H1B for myself? Are the executive orders already into effect on this?
  2. I hold a US Masters' degree in STEM field. Can I self sponsor my EB2 GC once I have a job offer? I understand that there will not be a PERM process in this case? Would I be okay using a copy of LCA from my H1B for LC if I need for self application of EB2 GC?
  3. For any reason other than cost of application, is it beneficial to let the employer do the GC process?
  4. What would constitute as commanding exceptional remuneration? If the prevailing labor rate for someone with a certain degree and certain numbers of years of experience indicate say $65,000/annum, but the applicant holds a position with much higher responsibilities than the typical for that degree & years and gets the standard salary of say $120,000/annum which is comensurate salary with this higher responsibility, can this be considered as extraordinary remuneration for the purposes of converting the application in EB1 - extra ordinary category?

Thank you once again for the great service to the community.
Not open for further replies.