Recording Available, September 17, 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:October 01, 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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I have a question about H1B extension after I-140 approval.

My I-140 has been approved on 8/2/2015 but now i am working with another employer since last one year and new employer is in the process of filing PERM/I-140. Meanwhile, they are using my old employer I-140 approval for H1B extension and priority date. The problem is here, my old employer is not providing I-140 approval notice copy but they have given PERM and I-140 approval recept notice number.

is it possible to file H1B extension petition with I-140 approval notice number or need hard copy of I-140 approval notice from old employer ?
My current H1B will expire on Dec 28th 2015. Could you please let me know the answer asap.

Thank you,

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?
Dear Rajiv Sir,
I have questions related to priority date retention.

With Company A, my EB3 I140 was approved with March , 2008 priority date. Already left that company in 2010 but my EB3 I140 is not revoked until now.

Later I filed Eb2 I140 and 485 concurrently with Employer B in Oct 2014. Labor was filed in Nov 2013 for EB2 category.

My Eb2 I140 got approved with PD automatically retained as March 2008.
My I1485 is now pending for 11 months.

1. If for some reason (other than fraud or willful misrepresentation) Employer A revokes my I140, Will I lose my priority date of March 2008?
2. If for some reason (other than fraud or willful misrepresentation) Employer B revokes my I140, Will I lose my priority date of March 2008?
3. If my I-485 gets denied for some reason (other than fraud or willful misrepresentation) AND employer A revokes EB3 I140, Will I retain my March 2008 priority date??
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FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS
Dear Rajiv Ji,

First of all thank you very much for helping our community !!

I have few questions related to AOS/I-485 adjudication employment based.

Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I140 is approved. (I have not worked for employer B until now)
3. My I485 filed by employer B is pending for more than 180 days.

4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.

Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)

1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then -
How do I prove that I certainly had intention to join employer B at the time of filing I140 and I1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I140 and I485?

2. If we want to respond to EVL RFE using Employer C's offer then -
How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?

3. If I respond to this EVL RFE using employer B's job offer letter then -
What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)??
(FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)

Thanks much for your help !!
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Question related to L1B VISA based on Blanket petition - Work location change

Dear Sir,
I have a QQ related to L1B VISA based on blanket petition and change in work location.

If there are no other changes to Job profile BUT the work location, is there a mandate to file L1B amendment? (sponsoring company, position, skills used, products and processes knowledge used, salary, client etc remains the same)
Like H1B VISA are there some guidelines on when L1B amendment based on Blanket petition needs to be done?

Thanks !

Please guide/help with the following questions:
1) H1B running with 5th year; I-140 approved EB2. If I want to change a company, can the priority date be ported if moving from engg to management position (similar area of support as engg but with added management responsibility)? Should the new PERM be started if staying with the same company but moving to a management position
2) What happens to H4 EAD if the H1B changes company? Can the EAD remain effective until the expiry irrespective if the old company revokes I-140 or not? What the impact to the PD if I-140 is revoked?
3) If the H1B changes company, can the H4 EAD be extended based on H1B/H4 extensions in future or it cannot be until the new I-140 is approved

Thanks in advance.


Registered Users (C)
I am a new permanent resident. I am in the search of my wife from India.
Being a recent green holder, it poses challenges to find a girl in India, marry in India and bring her as H4 or in spouse visa.

1) Is there a spouse visa for Permanent residents GC holders?

2) Is the only option I have is to bring my spouse from India by applying F2A based GC?
From Sept Visa bulletin, PD is 01MAR14. Approximately how much time it will take if F2A is applied today?

3) before getting married, can she help for Tourist visa, then I got to india and get married.
Ask my US employer to apply F2A for my wife. My wife can come to US in Tourist visa until my wife's GC is approved.
How does this look?

4) can you think of any faster way of bringing my wife from India?

Thanks in Advance
FAQ: Reentry Permit
Dear Mr. Rajeev Khanna,

I am a green card holder and received it on Oct 21, 2011.
I moved to India on Nov 21, 2013.
I applied for a re-entry permit before I left USA and I have a permit valid up to Mar 10, 2016.
Due to family reasons I have to stay in India for some more time and I would like to maintain my Green Card status.

1. Should I visit USA before Nov 21, 2015 or 10 Mar 2016?
2. Can I send the re-entry permit application via courier from India using address in California? If yes, can I travel to USA after the finger print notice is sent to address in USA?

Thank you.
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I have a question regarding H4 EAD expiration.
  • I am on H4 visa which expires on 30th September 2015 and H1B extension was filed for my husband in May 2015. At the same time, my H4 EAD was also filed in May 2015.
  • My H4 EAD was approved on Sept 3rd and valid till the same date as of my H4 expiry (30th Sept 2015). We have applied for my husbands H1 and my H4 visa extension through premium processing and is still pending.
  • Once I get my H4 extension, I will apply for renewal of my H4 EAD. My question is will I have to pay for the renewal fees again and what is the process for that.
Issuing EAD with 20 days validity makes no sense. I am planning to speak to USCIS. Please advise.

Dear Rajiv Ji

Can you please explain what new EAD rule is ? how it will affect us ?
My priority date is Oct 2013 , can I file my EAD, do I need my company to file my EAD or I can file my EAD by my self ?

Thanks in advance.
Dear Rajiv,

My PD is Dec 2010 and I have an approved I-140 from my previous employer. I recently switched jobs and my new employer has initiated the PERM application which will hopefully be processed by this year end.

Considering that in Oct 2015 VB, the I-485 acceptance date is July 1 2011, can I file for AOS, EAD, AP based on my previous employers I-140 that has not been revoked but use EVL from my current employer? If Im able to get my previous employer to give EVL, would it be ok to move forward with filing for AOS? Please advise.

Thanks for your help and time
Dear Rajiv,

I am on H1B visa and have my I140 approved with priority date is July 2013. My i140 is approved form our head office palo alto CA location and I was working with the Palo Alto head office till 15th July, 2015.

I have now taken an internal transfer to Chapel Hill NC branch(Same employer). Before relocation I consulted to our office legal team and they gave me below two options:

1) Start the entire green card proces over again with the new work location..that will add some cost to the company.


2) Once the final stage (I-485) of the green card has been approved, you will be required to immediatly return to work in the Palo Alto office, where the position is in the green card application.

I chosen the second option.

Can my employer file I485 while I am working at chapel hill considering that my PERM is from Palo Alto office? Do you foresee any problem in the approval of 485?

Can you please advise if point 2) is valid and possible. If that is not possible I can ask my employer to start the process again.

Many thanks in advance.

Surendra S.


Registered Users (C)
FAQ: Priority date port and multiple I-485/AOS petitions
I have my Old Priority date as Dec 2009 in EB3 and when i changed the company they filed the Labor and I 140 in EB2 and my old Priority date is not ported on my New I 140 and i see the New I 140 in EB2 with the Priotity date as Jan 2013

Now with the revised USICS VISA Bulletin can i apply my I 485 with old PD ( EB3) and simultaneously to be safer side can i apply I 485 from my wife side and her PD is July 2010.
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Dear Sir,

My question concerns the second set off dates ( Dates for filing of Employment-based visa applications) provided in the October 2015 Visa bulletin.
If I understand right, these dates are the new cut-off dates that allow a person to file for an I-485. But it also states "Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions".

My questions are.

1. Does that mean one needs to wait for an RFE or some kind of communication, before applying?

2. Will this allow to add a spouse to an existing I-485 application ( filed for earlier but the priority date of which is not current - as per the Final Action Dates For Employment Based cases.)?

To clarify, in my case my spouse applied for an I-485 and got an EAD before we got married.

Thanks for your time and help .
Hello Rajiv,

I greatly appreciate for your service. My question is regarding EB2 Filling dates and change in jobs.

My priority date is May 2012. I'm was really frustrated with my current job and was planning to move to new employer. I was already offered a job who are willing to file my greencard after 3 months from my join. Now I'm really confused whether to take the new job or not? what happens if 485 application date move further in coming months where I have eligibility to apply but my labor from new employer is not approved? What do you recommend ppl like me who can either stay with current employer or move to new employer? What would you recommend for next 6- 8 months?

Thank you very much,
Hi Rajivji,

This is a CSPA case:

My parents have there name in immigration visa invoice payment center,and my name is missing from that center as my age is 23(02-MAY-1992). but i am eligible as per the CSPA,they say that they will review this when my priority date(05-05-2003) will become current(F4),petition approval date is 02-05-2009.

My Question is
"is there any way to conduct my visa interview with my parents?or is there any way to pay my fee along with my parents(its 325$)? my parents are about to pay the fee 650$ except mine."if my fee is not paid along with my parents then what will happen to the my visa processing?can i email to NVC before my priority date become current for considering my CSPA eligibility?

Please,guide me with the possible ways to solve this issue.

Thanks & Regards,

Hello Rajeevji,
I am about to file for 485 and have question about differences between Birth Certificate and Passport as below, because one is nick name every at village uses.. I have affidavit from my father mentioning both are same person. Should this be enough or I need to make correction in birth certificate, Which I am not sure if possible.
Appreciate your guidance.

Birth Certificate
Name: Prakash
Fathers Name: Mahesh Nagji Kumar (Middlename and Last name also included)

Name: Prakashkumar
Fathers Name: Manohar
I am planning to apply for EB2 EAD,AP and 485 as I am eligible to apply as my Priority data is May 2009. I have been convicted of a misdemeanor and had been incarcerated for a few days. I would like to know whether I will be able to get my EAD when my PD becomes current and also what precautions I need to take when filing the application.


Registered Users (C)
Thanks Rajiv for the community service. I have a question regarding H1B - H4 EAD. My wife is on H1B visa and applied for H4-EAD last week. She is on Maternity leave from the last one month. I just wanted to know Is it okay to be on H1B status till she get the H4-EAD approval on the maternity leave? Is there any possibility of H4 denial ? If yes, Will she be out of status since she is on leave. How long can she be on maternity leave ? What is the best way to way to handle this situation ?

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