Recording Available, September 21, 2017 Community Conference Call with Attorney Rajiv S. Khanna

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Team Member, Immigration.Com
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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: October 05, 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 Rajivji Namasthe,
I am a Full Time Employee at a corporate company , I did my bachelors from India and Came to US for Masters and then converted to H1B. I never worked in India and have no work experience from India.

I have 8 years of experience in IT. I been working as a Lead Software Engineer at a Major Health Insurance Providor. I currently have 2014 Priority Date in EB2 category.

Down the line in 4 years , If I get promoted as a Manager . Can my Employer file EB1 green card on my behalf. Is work experience from India a mandate to Qualify for EB1 Green card process.


New Member
Hello Rajivji Namasthe,
I am currently on F1- OPT Extension valid until May 2018. I am currently working with Employer A. When my h1 is pending state.My current client is not willing to Provide client letter.

So my employer wants me to Move to a different client who can provide me a client letter , So that there are more number of chances for H1b approval with a client letter. Is it possible to move to a different city and client when F1 to H1B status is currently pending.


New Member
Hello Rajivji

I came to US in 2012, I have 3 year bachelors and 2 yr masters from India and 10yrs of experience, There is a gap of 7 yrs between my bachelors and masters, I completed my Masters in 2008 . My company filed my PERM last year, I got my PERM approved but for I140 i got denial , USCIS didn't accept my education as masters, Job requirements in PERM were Masters + 3yrs or bachelors + 5 yrs. . When i came on H1 evaluation company evaluated my education as US Masters, My attorney used the same evaluation letter to file my PERM and I140. I went back to evaluation company and they said they can't evaluation my education as Masters now but they can evaluated it as Bachelors,

My company's attorney has filed a second I140 as Eb3 with Bachelors and 5 yrs experience, I gained 2 yrs experience when i was doing my Masters, Will USCIS accept this?

My question is I don't fit in EB2 category because i don't have Bachelors and 5 yrs progressive experience, Do you think my new I140 in EB3 category will get approved? Technically i have Bachelors and 5 yrs of experience and PERM doesn't say anything about job experience during or before Bachelors. Do you think i should talk to my HR and ask them to file a new PERM, I am already in my 6th yr of H1. Please help!!

Thank you.


New Member
My son is a USC living in the US and wants to apply for GC for his wife who lives abroad. Where should he file the I=-130? In the US or abroad where his wife lives? What other forms or documents should he submit?


New Member
Hi Mr.Rajiv,

I am currently having H1B visa valid from Sep 2016 to Aug 2019. But unfortunately, due to my pregnancy, I am unable to travel till Oct 2018. I heard that my visa would be canceled if I don't travel to US by Sep 2017. Can you please confirm if my visa will be valid till Aug 2019 and I would be able to travel to US till my H1B validity? Is there anything my employer should do in order for me to travel in 2019?

Thanks in advance for your response.


New Member
Hello Sir,
I am currently on H4 EAD.
Prior to this, I was on H1b (cap exempt) applied GC by EB2 India (PD May 09) 140 approved - 485 was not filed.
Moved on H4EAD - from outside state (where I worked for 4 yrs)
Prior I -140 was not revoked by employer in outside state.
I am exploring ways to return to my previous job.

a) Do I need to reapply H1b and join prior job and then apply for I- 485 on previously approved 140. OR
b) Could I use my current EAD to join previous job and then do step a) above of H1b and then file for I -485
c) Can my spouse revoke my EAD without my consent if I try option b).

What all I need to do , and how can your firm help me on this??


New Member
I am on H1b visa from Jan 2011 ( 6 years)and my wife is on H4 EAD, both visas are valid up to September 30, 2018.

My perm was approved with priority date as May 2014. I have approved i-140. I didn't file my I-485 yet as the 2014 date is not current.

My same employer wants me to move to a new location with same job title and same job responsibilities.

I have 3 questions

1. for green card, Does my employer have to reapply for PERM, I 140 application in the new location?

2. My wife is on h4 EAD which is valid up to September 30, 2018.
Once my LCA and H1b approved for the new location, do I need to file a petition again for my wife H4 and H4 EAD?

3. When applying for the H1b for new location, Does my employer Attorney have a chance to file the H1B for next 3 years or is it going to be only until September 30, 2018.

Please advise. Thank you for your time and support for the community. Highly appreciate your guidance.

Thank you,


New Member
Dear Mr. Rajiv.
99 entered with fake passport in Florida
Stayed till 2003 then left to Canada using my real name
Stayed Canada till 2007. Came back in 2007 with real name got admitted at Seattle held in detention bonded out applied I-589 failed to mention the fake document entry lawyer prepared didn't even ask.
Got married in 2008 petition approved didn't mention again previous Florida entry lawyer filled the application didn't ask me about that entry. 2012 got Green Card.
2017 applied for N-400 told all the truth starting from the illegal fake document entry till now because this time I filled the N-400 form.
Got denied that I did not file for I-601 when it was available to me around Green Card application time. Unlawful presence more than a year and misrepresentation are the allegations.
Most lawyers told me to burry this matter keep living as a resident. Lay low all my life, and don't travel might be a flag on my GC/ file.
I have citizen wife two citizen kids financial debt of $300k been paying taxes since.
I feel like I'm contained like a virus.
Any advise from the experience person in such matter will be appreciated.


New Member
Hello Rajiv,

I have a question regarding H1 Visa stamping. Can I go for visa stamping with Original I-797C (Approved) and a Scanned copy of I797A
and I-824 (Proof that I applied to request for the duplicate copy of I-797A). Actually, My company has lost my I-797A. They have applied
for the duplicate copy from USCIS and as per the processing time it might take up to 5 months to receive it. I can't wait for 5 months as my wedding is scheduled
for December. Also, does my spouse needs original I-797A for her H4 Depended Visa Stamping?
What if I went for Visa Stamping with I-797C and got my visa rejected?
I would really appreciate your suggestion in this regard.



New Member
Hello Rajiv Sir,

I'm a recent naturalized US Citizen from Nepal. I live and work in the USA. I'm planning to go to Nepal to get engaged with my girlfriend. I was wondering if I can file for her fiancee visa (I-129F) from Nepal (send mail to USCIS in the USA from abroad while I'm there). Or should I be inside the USA to apply for I-129F?

I'll be back in the USA after about a month anyways so if I cannot apply from abroad it is not a huge deal, but if legally allowed, I want to apply for her fiance visa as soon as possible (while I'm in Nepal) to get the process started.

Thank you for your help on this.



New Member
Hi! Sir,

My employer petition me through labor certification year 2003. I got an approval year 2008 EB3-other workers. I can't file a green card because I am already out of status when they petition me. Not covered with 245(I) either. I work as a Nanny/Housekeeper. Their Kids are all grown up now. So, they don't need me anymore. I need to look for a different job.
1. Can my EB3 approval from employer who petition me, be transfer to a new employer?
2. How can I get an ITIN if I have an alien number, that I get from uscis eb3 approval?
3. Can I file for EAD, so can work for other employer?

I'm sorry, I'm so confuse about my situation.


New Member
Hi Sir,

I am an Indian, currently working under L1 visa in USA, and got the H1B 2018 receipt notice recently under the same employer. I am looking for the change of status from L1B to H1B, still under the same employer. A few questions related to that:
1. Do I need to go out of USA to do that?
2. If (1) is yes, can I go to nearby country Canada instead of India for the change of status interview. I am also the Permanent Resident of Canada, if that can help me take appointment at US embassy in Canada for this purpose.
3. If (1) is no, what is the procedure to apply for change of status while staying inside USA ( I guess I don't need to go through H1B visa stamping immediately after change of status, unless I renter USA. Correct me if I am wrong).
4. In both the cases (2) and (3), if the visa officer delays things or asks for more documents (which can't be submitted on the same day), will I need to stay out of USA till that time, or can still enter with existing L1B?

Please guide.


New Member

Currently my Wife is under her F1 OPT (Valid till June 2018). My Employer Filed I-140 for me on June 30 2017. I would be expecting it to be approved before Dec 2017. Can I convert my Wife's legal status from F1 to H4 now so that we can apply for H4 EAD when my I-140 gets approved?.



New Member
Hello Rajeev Sir,

Given the current circumstances what do you think about the future of H4-EAD? A certain immigration group has been stating in past few weeks that they know that H4-EAD will be gone as per their discussion with current administration. If the admin decides to scrap H4 EAD on 27th september:

1) How long will take to completely roll it back?
2) Will the current EAD become invalid as soon as they end it or will they let them continue until the expiration date?
3) Is there a chance that USCIS/DHS may rethink based on the comments? (Assuming it goes through comment period for rollback)

Appreciate your response. Thanks,


New Member
Hello Rajeev Ji
I applied for my green card 2007 May (EB3- India) and I have been on EAD since then.
After waiting for more than 10 years and now less than a year before my EB3 becomes current, I have been laid-off.
1) How long can I be unemployed legally?
2) I may get few offers but they are NOT very similar to my GC job description since most of my trade went offshore (Draftsman)- Can I take these jobs?
If I take the above jobs, what are my chances when my EB3- date becomes current
Please advise...


Equifax Security Breach Issue and green card/H1B

Hello Sir:

Thanks for your help.

Recently we had Equifax Security Breach Issue and my company suggested to freeze your credit report for TransUnion, Equifax, Experian, Innovis and may be after 2 /3 Years unfreeze credit report.

I am on H1 B Visa and my green card under process because recently I have changed the job.

My OLD company I-140 is approved with priority date Oct 2013.

Question: As per Immigration and H1-B visa process credit report freeze will affect anything ?

If I will freeze my credit report, then in anywhere in the process uscis look for credit report in H1B – Transfer, H1-B Extension, Green Card (PERM, I-140 etc.. )


New Member
hello Rajiv sir,
I was working for a company 'O' until Sep 01 2017, I was part of layoff due to the company restructuring and reduction in force. I was entitled for a separation package containing 2 months pay. I was on H1B with approved I-140 with PD Sep 2012 filed by company 'O' and I am currently looking for a job within the 60 day grace period. I have 2 questions:

Question 1: Am I eligible for I-140 EAD (with compelling circumstance)? I own a house, where I live currently(In Colorado state).
Question 2: If I find a job within the 60 days and file for H1B transfer, how will I provide the recent 2 month paystubs, because I am unemployed and in grace period. (My H1B will be revoked by company 'O' effective Sep 02 2017)

Thank you for your time, very much appreciate your effort.


New Member
Hello Rajiv Ji,

I have a question regards H1B:
If the company applies my cap-exempt H1B with a start date of January and if it gets approved by end of October(assuming premium processing opens in October for all cap exempt categories), can i change jobs before January based on the approved H1B that has a start date of January?

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