Recording Available, September 22, 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: October 06, 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
FAQ: Effect of divorce on employment-based immigration

I have been in US for the last 8 years and got GC employment based 3 years ago. I have 15 and 21 year old sons. My wife and I have differences on who manages my finances. I am thinking about aplying for divorce. Just wondering whether divorce would have any impact on obtaining citigenship (either for me or my wife and children). Also whether us laws would be applied for divorce or we need to worry about Indian law.
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New Member
Rajiv - I am Indian and on an H1B which expires on Feb 2017. In addition, I have an approved I140 with a priority date of Jan 2014. My current employer will file for my H1B in the next couple of months. I would like to leave my current job for a job in another industry (ie, go from management consulting to investment banking). Both fields are highly skilled and require similar backgrounds (example, MBA, 10+ years work experience).

What are my best options to proceed?

1. Should I wait for my current employer to file my next H1B & for it to be received? In this case, how will I "take" the H1B to my new employer?

2. Alternatively, should my new employer be filing my H1B? Are they even able to, given that I will likely be in my 7th year by this time?

3. If, after I join my new employer, the current employer revokes my I140, does my H1B with the new employer still remain valid?

4. Are there any other considerations that I need to keep in mind - for e.g., H1B cap, loss of priority date, etc.?
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New Member
FAQ: Can a student on F-1 visa apply for a green card?
Namaste Rajiv Ji
I am currently on a F1 student visa here. Also working on CPT 40 hours/week. I did my undergrad from USA (illinois), I've completed my MBA from Minnesota, and I'm also currently doing a Phd from same univ (and that keeps my CPT going) . and I have 9 years of work experience (all USA), all associated with my job as a Quality Assurance Analyst/Tester in the I.T field.
As a student on F1, can I apply for green card?
I wasn't born in India, my birthplace is a small country in north Africa, so if I apply for GC in EB2, my date is immediate.
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New Member
This question pertains to advance parole travel outside the US while I-485 is pending, and with a 30 day gap in H1b status.

I'm a Canadian citizen currently on a cap-exempt H1b visa that ends on 6/30/17. I will be switching employers, and will start working for the future employer on 8/1/17, also H1b cap-exempt. The future employer that I will start with on 8/1 is currently in process with a prevailing wage determination and will be shortly commencing the PERM process via EB-2. If things go smoothly, I anticipate filing I-140 under premium processing and then I-485 around May/June 2017.

The future employer will be filing for a new H1b on February 1st, 2017, 6 months prior to my work start date on 8/1. I plan to leave the US on 6/30/16 when my H1B expires, spend a few weeks at home in Canada then travel to Europe in mid-July 2017 prior to coming back to the US to start work with my future employer. I do not have any recapture time on my current H1b.

My question: I know that valid H1b holders do not need Advance Parole if they travel outside the US while I-485 is pending. But does this apply to me as well? Even if my new H1b is approved prior to my leaving the US on 6/30/16, does the 30 day gap in July necessitate obtaining Advance Parole prior to leaving the US on 6/30?

New Member
Hi Rajiv,

I came to India on H1B Extension Stamp and Vacation on June 10th 2016.

I got latest H1B Stamping slot for Oct 3rd 2016.

I am full time to MNC Company.

I am receiving US Salary and US Pay stubs during my Tenure in India (June 2016 till Sep 2016). I am working during US Timings for all these days.


1) Will there be any problem during my H1B Extension stamping as I stayed more time in India and receiving US Pay?.

2) I have booked B2 Visa Stamp slots for my Parents(Oct 4th and Oct5th). As I am in India, will there be any problem to get B2 Visa. My H1B petition is valid till 2018.



New Member
FAQ: L-1/H-1 helping parents apply for tourist/visitors visa - medical treatment
Dear Rajiv,
I have posted this question for Sep 8 call but unfortunately my line got disconnected a couple of secs before you started answering and by the time I called back the session completed. Appreciate if you can answer, if time permits. (sorry for the repeat post)

I'm a resident of India and am working for a US based MNC for the past five years. I have been offered an intracompany transfer to USA on L1 visa. Unfortunately, my mother is taking treatment for Stage 4 cancer in India. As treatment options are limited for this condition in India (there are no clinical trails available), I'm planning to get treatment for my mother in US. In this regard I have a few questions:
1. I have not applied for L1 visa yet. Can I apply for visas for all at the same time or is it better if I apply L1 first and then apply for B2 visas for my family a month or so later.
2. Can my mother and father get 12 month duration for B2 visa. Is there any process to follow to get longer duration B2 visa.

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New Member
Hello Rajiv ji:

I am planning on applying for Citizenship. There was a court order for eviction from an apartment 2008. I was not aware of this until earlier this year and I have settled the account with the Rental Property. The keys were dropped off at the Lease office when vacated, but Lease office claimed that they never received the keys.. This Court order never showed up in my Credit report or rental history. Should I report this on my N-400 and do you see a need for me to engage an attorney to
represent me during my interview.



New Member
Hi Rajiv,

I have a question regarding my H1B Visa.

I have H1B Visa Validity till Sep 30th,2016 and have applied for the Visa extension. But got an emergency situation and I traveled to India now. Can I able to travel back to USA before my VISA expires this month? Will there be any issues with Immigration check?

Also I have converted my VISA application to Premium processing. If my extension is approved, Can I able to travel with approval notice or will they expect I797 on Port of entry?

Thank you


New Member
Hi Rajiv,

I'm in India, my elder brother is a citizen in U.S. My brother has filed I-130 immigration petition on March 2014. Still it is under initial review, in your experience, can you tell me how much time will it take to go for a decision status?



New Member
Hi Rajiv,

I got my H1 to H4 COS approved and H4-EAD approved last year( for 3 yr duration). Started working on H4-EAD.

Then got a letter(6 months after original approval) from USCIS saying they reopened H1-H4 COS and then denied the i-539 COS (approx 3 months ago). I never received the denial letter and have requested a copy.


1) Am I out of status? (my wife still has valid H1)

2) Is my H4-EAD valid and whether can I work?

3) What are my options? my wife is planning to switch her employer.

4) I plan to visit India in a month and come back on the stamped H1 and under H4 status. is it possible?

5) do I need to reapply for H4-EAD again once my wife changes employer or prev H4-EAD would be counted valid?

6) my wife might lose her i-140 but she has 7th year extension done. that still makes me eligible for H4-EAD?

7) does lawyer also get a copy of approval/denial letters?


New Member
Hello Rajiv,

My wife and I both have H1B visas and working for separate companies. My wife's company filed I-140, I-485, and EAD forms concurrently on June 3rd, 2016. They filed my I-485 and EAD as well as spouse. My wife and Mine EAD got approved in 10 weeks after filling date. My H1B expires on Dec. 31 2016. I am still working on my H1B visa with my company. I am planning to change job and company and use my EAD instead of H1B since H1B visa is good for couple of more months while EAD is good for 2 years.


1. Can I just start working for new company providing approved EAD card?
2. Do I need to change my visa from H1B to dependent visa?

Thanks in advance.


New Member

Dear Sir

I am preparing for certification of US Certified Public Accountant (CPA) which requires me to have at least 1 year of work experience under a CPA firm.
Since, I am presently on H4, can I work on volunteer basis with a CPA firm, which obviously would be a for-profit organization, thereby having labor law issues for the employer of hiring a volunteer for a paid job. Please suggest.


Registered Users (C)

RULE according to which we can avoid a Interview at the consulate for H1-B Visa stamping and H4 Stamping.

I am on H1-B with current VISA stamp already expired on 30-Dec-2015. I got my existing stamping done from Sydney Australia in 2012.
I have got the new H1-B extn till 2018.


Part a) Can I go to Delhi( India ) this time before 30-Dec-2016 i.e. within 365 days and get stamping done without having to appear for in-person interview.
I believe within 365 days we can just drop off the passport. ( I am currently working at the same client location. same position and my H1-B employer is also the same, so nothing changed in that regards )

DO I need to go to Sydney AUSTRALIA in case I need to avoid in person Interview. Does the 365 day rule applicable in all countries/cities including Sydney, AUS or only in India. Basically trying to ask if US consulate in Sydney also exempts in person interview
Ideally, I would like to get it done from US Consulate in Delhi, India but if not wish to ensure if Sydney allows it as well

Please let me know.

Part b)Just in case, Interview can't be avoided at this point at Delhi consulate, is there a way to find out what dates are available for In-person interview at DELHI consulate without having to go thru the entire registration process etc including payment of Visa fee payments etc.... Sorry if I may be asking something trivial, as have not used the Delhi consulate website in a long time. The reason for the question is that I don't want to make all the payments etc and realize that no date is available for Visa interview in first week of Dec, when I actually plan to go , as DEC is rush season for most of the folks

Part c) I am working at Client Site thru a Vendor.. So its a EVC model with Employer -Vendor -Client. Since I am not a full time employee with end Client, is it still risky to go Visa Stamping in India these as it had been some years ago, when lot of people used to get "221-g form". Are the things better now. DO you recommend anything in terms of documentation etc should carry ..probably to show Employee-Empoyer reatioship etc...
I am just worried going for the VISA interview, hence these questions and as such wished to avoid if at all possible...

THANK BUNCH... for all the help as this public forum of yours is a big help and blessings for many !!



New Member
Rajiv Sir,

Right now I am in US on L1 visa with Company A. I applied for H1 in 2015 through a different employer (Company B). It was picked up in lottery and approved. But I never worked for that employer (Company B). In October 2015, I went out of US can came back with L1 stamping on visa and continued by employment with L1A.

So I never used H1B. Company B might have withdrawn H1B sometime in Nov 2015.

1) My query is, if I can get a sponsor can they file H1B petition as a cap exempt case.
2) If answer to first query is yes, then do I have to work for Company B (Who applied for my original H1B earlier) or I can work for any company using fresh cap exempt H1B .



New Member
Rajiv Sir,

Right now am in US and on H1B and would like to go to India for H1B stamping. I have 2 questions here.

(1) My LCA & DS160 form say that my role is "Business Analyst".
Whereas My Client Letter & Vendor Letter say that my role is "Business Systems Consultant".( I work for a client through a preferred vendor)
** The Roles and responsibilities on LCA/Client Letter/Vendor Letter will almost match to one another.
In this case, Would I be landing in trouble for the difference in designation at a Visa Interview?

(2) I am currently drawing 12K more/annum to what is mentioned in my LCA. Would this create an issue?

I am just worried going for VISA interview, because of this. I have been hearing different answers from everyone around saying that I will get a 221g RFE for this issue.
Please help me here!
Thank you.


New Member
Rajiv sir –

This is regarding my son who is 8 years old and he is on H4 dependent visa.

On our last arrival from India to US in August 2015, I was said he was given I-94 admit date until July 8th 2016 as his passport was only valid till July 2016 though his visa was valid till August 1st 2016.
Then we renewed his passport in Feb 2016 and filed our visa extensions as they were getting expired in August 2016.

My employer got my visa extended till May 30th 2017 along with my dependents.
But my son’s I-797A approval notice, they took the same I-94 number(which was valid until July 8th 2016) and made it valid from August 2nd 2016 to May 30th 2017 as previous visa was valid till August 1st 2016.
His electronic I-94 was ending July 8th 2016 but his I-797A approval, I-94 (with the same number) has start date from August 2nd 2016. So there was gap on I-94 continuity between July 9th to August 1st 2016.

To make his status valid in between July 9th to August 1st 2016, I visitied CBP office and they extended his existing I-94 till August 1st.
But later I also found that his new passport has also got I-94 created by CBP with end date as August 1st 2016 but it has different number than I-94 we used for extension /I-94 number which is provided on I-797A approval notice.
So now his old passport electronic I-94 ended on August 1st 2016 and his I-797A approval has same I-94 number listed and valid from August 2nd .
But his new passport got another I-94 created with end date as August 1st 2016 so will that cause I-797A approval notice with old I-94 becomes invalid?

Please guide me how to take it forward this situation?

Thank you


New Member
Hello Mr.Rajiv,

Thank you for having this Tele Conference for many Immigrants to help us with answers to our questions. My questions are around GC I-140 processing, H1-B , H4 EAD and H1 B Visa Stamping.

1) I have my GC I-140 Approved from Employer (A) and planning to move to Employer (B) , my current employer will request USCIS for revocation of my I-140 as i resigned and moved to another Company. Now in this case can i retain my Priority Date even though my previous I-140 was revoked

2) I have been working in USA for 6+ years for same Employer (A) since day 1 , but i worked under
L1B Visa ( 4.5 years) + H1-B Visa (2 years). As mentioned in Question #1, would i be able to get my H1 B extension / transfer from Employer (B) before my I-140 revokes. The reason i am asking this question is i am already in my 7th year , want to carefully understand the process of getting H1B Transfer / Extension (or Change of Status) my previous Employers I-140 (before its revoked) . Do you foresee any issue with this ?

3) If Question #1 is possible, Would i be eligible to request for H4 EAD for my spouse under AC21 Eligibility , as soon i join Employer (B) and before my new I-140 gets approved.

4) I would like to get your opinion on H1 and H4 Visa Stamping. I got Visa Extension from my current Employer (A) till 2019 , What happens if i move to (B) with out Visa Stamping i.e. if i have to go for an emergency Vacation to India , .. before i get my new I-140 approved from (B), would i be able to get my Visa Stamped with out any issues ?

5) Similar question as #4 but If i get my Visa stamped while working with (A) , would i be able to travel out of country under any emergency .. until visa stamped date or until my Visa extended date ? or any dependencies on I-140 ?

: I am asking these questions under the assumption that My new Employer (B) initiates my GC processing as soon as i join the company and try to get my I-140 approved in my 1st year.

Thanks and Regards,


Hello Sir,

I am on H1 B visa and I-140 approved and priority date is 2013.

My H1 B will expire in April 2017 , my extension may start with my present company (A) in oct 2016

I may join company B and they will file my H1-B extension.

so who ever do my extension company A and B.

Question1: If I will go to India and complete stamping before my extension, so can I use same stamping till it ends ? or with new extension or H1 B transfer do I need to do stamping again ?

Question2: How stamping works and validate till what dates ?

Thanks in advance !!


New Member
Mr. Khanna,

I had send you couple of questions previously through "Mera Sangeet" radio and you have been very generous with you answers. I would like to count on the same generosity today as I am in need of your help. I came to the US in 2007 on an F1 visa received my Associates in nursing then went on to do my BSN and landed a job in a hospital who was willing to file for an H1B visa for me. The hospital hired an immigration lawyer who convinced them that it is better to file for a green card application. Therefore I received my H1B visa then the lawyer applied I-140 which was approved and I received an EAD with advance parole that would be renewed in 2017. Then on the EB2 basis the lawyer applied for I-485. Everything was going well until I received a letter from the USCIS with intent to deny my application because I did not submit my I-693 form, which I did and had mailed it to the lawyer. To make matters worse, I was terminated from my job and I did not receive any answers on what I should do with regarding my intent of denial letter and then within a month I received a denial letter. I asked the HR from my ex-employer to explain the situation and they suggested I ask the lawyer but I never receive an answers from the lawyer. After applying for a month I landed another job in the same field but different hospital and they stated that they will try to work on my visa based on the EAD expiration. I worked at the current hospital for about two a half months until I received news from my ex-employer's lawyer stating that my EAD is not valid anymore and current I am in "out-of-status". I did not know what I should do next, so the next day I contacted my HR and corporate personnel and notified them of the situation. I was told not to come into work until they can find a resolution regarding my situation. I am worried that I will have to leave my parents (green card holders, also filed for me to have a green card) and my girlfriend and could not return to US. Finally this is my triple whammy, I discovered that my Indian passport is expired four months ago. I have looked into different forums and found no help that gives me direction what I can do next in order to fix my status and not loose my current job. I have an indian girlfriend (Permanent resident) whom I intent to marry by the end of this year and I am afraid that it may not be possible anymore.
Urgently seeking your help and advice.

Yours sincerely

Tony K
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