Recording Available, September 07, 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: September 21, 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
FAQ: Denial of naturalization/citizenship applications - the new trend
Back in 2007 I started dating my now ex husband back in high school. In 2010 we got married, we were 18 at the time. The Process was estressful because the IO thought we got married for the papers, we had 30 days to prove it was a bonafide marriage, we hired a lawyer, sent the proof, waited for a long time, finally got the permanent green card after 2 years. A month after he left, he said wasn't happy anymore, we didn't get a divorce but 5 months later I met someone, and then 3 months after I got pregnant, my ex and I ended up getting a divorce in December 2016. Could they use it against me applying now for my citizenship after being a resident for 5 years? Could they use that they thought it was fraud before (even though it was proven otherwise) against me because of everything that happened after(us separating, him leaving, me getting pregnant)?
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New Member
Dear Rajiv Sir,

My visa and I-94 expired on aug 07 2017 but extension was filed last year oct 2016. We received an RFE which we responded which USCIS received on aug 07. My project ended on Aug 15, but I am on my leaves till sept 12 ( my payroll is still on till Sept 12, without a client project). By then If I don’t find a new job ( new employer) or new project with same employer, I will be asked to go back by my current employer ( employer A).

While waiting on a decision by USCIS, today Aug 26, I again received an RFE. ( not sure why, all my teammates with same documents got an approval).
At this stage, need your advice what should be the best course of action
  1. Since I don’t have a client project, how can I respond to this RFE, can I use the same documents (MSA, SOW) submitted earlier?
  2. My current employer found me a new project with a different client and in the process of raising an amendment. With this RFE, Can this amendment be raised? Also looks like there could be chances of denial for the H1 extension if we do not have enough documents to respond, how will this affect my amendment for new client? Can the RFE responded with new client details?
  3. If I find a new job ( employer B) and try to transfer my H1B, will this current extension pending, denial have any affect on the decision for the transfer? This will be a bridge case, so if the extension decision comes before H1 transfer decision, and if its denied, can I still stay in the country till transfer decision is pending?
Need your advice as What would be the best option here? Stick with current employer or go with a transfer?

Thanks a lot!

Vipul Bhatnagar

New Member
Dear Rajiv Sir,

I applied for my H4 & H4 EAD renewal under c(26) category and receipt date is 6/6/17. My current H4 EAD is valid until 9/19/17. Per current timeline, I have come to know it is taking 90 days to get it processed. Please let me know

· Can I get any temporary H4 EAD card so that I keep working till I get my renewed H4 EAD card ( will be valid until 3/2019) ?

· If I don’t get my H4 EAD card till 9/19 then should I stop working

· Any other way by which I can keep working till I get my H4EAD renewed card.

Prakash Soni

New Member
Girl GC holder for two years intends to marry boy on F1 who is in USA for 1 month and apply for his GC. During her two year period of GC she was out of USA for 8 months for education completion but has been working in usa for last one year.
1) is there a waiting period (i) for marriage? (ii) for filing petition for him?
2) are there any constraints on his/her mobility/ status during pendency of approval of his GC?
3) does immigration officer doubt their marriage's genuinity and if so what precautions required?
4) what would be the most advisable decision for them as to when to marry/file?


New Member
FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?
Dear Rajiv Ji,

Thanks for your Services to the Community.

Priority Date becoming Current and Timing of Filing I-485


Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.
  1. If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
  2. Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)

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FAQ: Status and unlawful presence questions in the form DS-160
Dear Rajiv ji,

Thanks a lot for your services to the community and your advise made to remain in the United States till date.

DS:160 question related to stay in U.S without paystub on H1B

I was working with Employer A on approved H1B visa and with change of location, filed H1B amendment on 08/05/2015 and with sudden end of project on 12/31/2015, Emp A informed they will be withdrawing H1B amendment ( With last pay stub ran on 12/31/2015). But when I tracked the status online on USCIS, it showed Emp A H1B amendment withdrawal ACK on 6th April 2016. Before the withdrawal ACK date from Emp A, I initiated H1B transfer with Emp B on 8th March 2016 under premium processing & there was RFE & the Emp B didn't respond immediately. At this point, I got a offer from Emp C & filed my H1b under Consular Premium Visa processing (change of employer) on 5th April 2016 which got approved without I-94. With exiting & re-entering the country, I got updated I-94 and started working with Emp C and Emp B has withdrawn the pending H1b upon my request and withdrawal ACK on 05/24/2016.

Emp A : H1B Amendment filed date : 5th August 2015 & Withdrawal Acknowledgement date 6th April 2016 (Last Pay Stub ran on 12/31/2015)
Emp B : H1B filed Date : 8th March 2016 & Withdrawal Acknowledgement date 24th May 2016
Emp C: H1B filed Date : 5th April 2016 (Approved)
Basically no Paystub from 1st Jan 2016 to 5th April 2016

Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .

Am I eligible to go with drop box option and will I be eligible for drop box if I am including my family members for H4.

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New Member
Hi Rajiv sir. I am currently on Stem OPT extension which is valid till 31 may 2019.My company, Company A filed for an h-1 b for me this year which got picked in lottery but on 31st july 2017 there were layoffs in the company and i was laid off.Company A said they won't be withdrawing the H-1 b application.My H-1 b is in pending status now.Is it possible for me to join any company B before October 1 2017 and then tell them to transfer my H-1 b on October 1 2017.

Also if i don't get an employer till October 1 2017.What will be my visa status on October 1 and how many days do i have to find another job.

I need help on this urgently.



New Member
Hi Rajiv Sir, I'm currently working on STEM OPT with Company A. Company B applied for my H1B, which got picked and approved.
Can I transfer my H1 from Company B to Company A before the H1B start date Oct 1st? or Can do I have to wait until or after Oct 1st? If so, what is the process for it and how long does the transfer take?

Thank you

kumar sena

New Member
Hi Rajivji,
Hope you are doing good.
I have a question and appreciate if you could clarify it. I have posted this question during last conference call. Sorry, I was not able to attend the call, as I had other appointment at that time. Last time, I have missed few details in the question. Here is the question:
I am on H1b. I recently changed employer from A to employer B. During this transition, I got H1B extension/transfer valid till Nov 2018. My spouse got only till Nov 2017. We both(H1 and H4) have valid visa till 2018 with previous employer(employer A). Her I 94 is also valid till Nov 2017. She has H4 visa Valid till Nov 2018. We are planning to visit India in the month of Nov 2017. My question is:
1.should we reapply for H4 extension so my spouse will have new I 94 till 2018?
2. Should she go for visa stamping?(note: she has valid visa stamp till Nov 2018 with my previous employer)
I am really grateful to the community service you are providing.

Thank you


New Member
dear sir,

i am an aspiring student from India .

Applied and admitted to one of the reputed institutes of USA for MBA.

i hold b1/b2 visa on which i travelled to the united states twice in september 2016 and february 2107 for the period of 4 weeks and 5 months 1 week respectively.

the reason for 2nd visit was to find an mba school and to get admitted and convert the b2 status to f1.

but for some reason my school did not favour the b2 to f1 conversion while on the american soil.

now since my return to India in mid-july 2017. i had 2 interviews with the US general consulate in mumbai.

In both interview the VO rejected my application for f1.

also my b1/b2 were "cancelled without prejudice", so i seek your help on the same matter.

i have deferred my application for the next term , but should i apply for the next term i.e. jan 2018 or should i wait for fall 2108.

please guide me on the same.

thank you


Me and My wife are on Individual H1-B visa, We are planning to adopt 18 months old kid from India.

1 Is any issue we will face for to get H4 depended Visa for adapted kids ?

2. Can you please point or guide us where we can get complete details

3. What all precaution we should take?

4. We need to bring kid to USA what all legal process we need to do ?

Thanks for your guidance


New Member
Hi Dear Rajiv ji,

Thanks a lot for your services.

I have 6 months with my green-card approval notice, I would like to know when can be a good time to change job without risking my green card and apply for citizenship
Is a compelling reason that I would need to do uber to complete to pay rent and buy stuff for my kids if i don't get a better job?

I investigated and found the following part of the law:
"a requirement that the employer and employee intend for the employee to perform the job described in the
employer’s sponsorship petition (“immigrant petition”) as of the date the green card is approved, and for a reasonable time thereafter. 8 CFR 245.25(a)(3).
This obligation can prevent sponsored employees from pursuing career growth through new job opportunities, including new positions with their green card
sponsors. It can also inhibit employers from utilizing staff with advancing skills in new roles and deter them from recruiting foreign talent in the green
card process with other employers."

If the above is true, what does mean "for a reasonable time thereafter"? 3 months? 9 months? 1 year?

Is a valid reason to leave because company reduced medical benefits and vacation days? A problem with boss because of asking for salary increase? The company is paying like 300$ more than specified in the labor and I-140 so legally there is no issue with salary.

I am not looking for a job and I like it and I had no intention to leave the position, but I have been receiving phone calls or linkedIn messages with good offers and I have declined them. But given my economical situation I would like to know if there will be a problem if I sent over my resume to recruiters that are asking me about it.



Registered Users (C)
Hi Rajiv Ji,

Thanks Bunch for your services sir!!

Need to go to India for urgent visit. Currently working on H1-B with approved -140 on EVVC ( Employer, vendor, vendor, client ) Model. My current extension in USA have been based on approved I-140. Would have to get stamping done as current stamp with same employer is expired in Dec 2015.


In worst case scenario, God Forbid, if the H1-B stamping/visa is rejected:-
  • If my employer wishes to bring me back on any in-house project or any other project with one of their direct clients etc., would they need to apply for new I-797 extension first, while I am in India ? ( As I believe the new I-797 may have to carried to the consulate for new Visa stamping in that situation ). Is my understanding correct ?
  • In the above situation, would they need to wait for Apr next year Lottery thing or they can apply for my H1-B ( I-797 ) anytime.
  • My wife on H4( Working on H4-EAD ) and 2 US born kids do NOT plan to travel at this time to India and shall stay back. Just in case H1-B stamping is rejected, can they continue to stay back in USA, till my employer tries to fix things thru another H1-B etc. or what’s the process for dependents in that situation.
  • My wife is currently working and can she continue to work on her H4-EAD still ? ( her H4-EAD valid till Dec, 2018 )
  • As I mentioned . currently working in EVVC model …Have a heard a lot about Employee-Employer relationship. I understand that conceptually that Employer should have direct control of the employee etc. and should be paying salary etc. Incase needed , how can that be proved at consulate if asked or needed . ? In particular or general scenario or situations you have encountered with your clients which you can share where the employee-Employer relationship was proved ? What documents etc., you think should be helpful and need to carried here.
  • Any recent examples etc. where you have seen people getting H1-B stamping done successfully while working on EVC or EVVC Model
THANKS Bunch Sir… Greatly appreciate your services.



New Member
Hello Rajiv Ji,

1. Our company office is in Delaware and I work out of my home in PA where I pay taxes. Can my company file my cap exempt H1B with the work location as my home address?
2. I am planning to shift to another apartment in the same community. The shift date falls during my H1B is getting processed. Will that cause any issue? will i get my H4s at the old address once approved?
3. Once my H1B is approved can i notify the change in address?

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