Recording for January 19, 2023 Conference Call with 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 every other Thursday to answer immigration-related questions. Whether a member of the forum or not, you are welcome to call in and ask questions or just listen to the discussion live. Questions marked as FAQ will be addressed first and these FAQ will be posted in our FAQ section. The recording of what was discussed during the live call will be posted at the end of the day. For previous recordings click here, YouTube channel
Note that we answer posted questions and follow-ups first.
Call Details:
Next Call Date: February 02, 2023
Start Time: 1 PM Eastern Standard Time
End Time: 1:30 PM, EST
Conference Dial-in: : (202)800-8394
Topic: General Immigration-Related Questions

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.
PLEASE KEEP YOUR QUESTIONS BRIEF. If you need a detailed consultation on elaborate facts, speak with your lawyers or set up a consultation with us:
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New Member
FAQ: Entering the U.S. on a visitor visa while green card is pending || qualifying for Visa Waiver Program (VWP) || Spouse visa through H-1, L-1, or O-1 || Any special visas for UK, EU, Singapore, Dubai or Australia

Hi Rajiv, You commented on getting a foreign spouse visa earlier (see video below). Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling tourist visa to US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario? Thank you
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Registered Users (C)
FAQ: Qualifying for EB-1C green card by working abroad for a year || Expected processing times for EB-1C for an L-1A visa holder from India

Hello Rajivji.

Working in US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunites in current company to manage 1 or 2 employees outside US. And same in US. If the EB2 India dates don't have good future after this year, thinking to go out of US work in managing capacity and come back on L1A and try EB1C.

Questions :
1: With just 1 or 2 employess (senior resources thoug e.g. VPs or AVPs in financial domain ) reporting to me, how are the chances to get EB1C approved?

2: In EB1C application, as at present there is no Premium available for new cases and can take some time to get adjudicated, do they give EAD and AP? If yes, by when (how long) EAD, AP are given to applicant?

3: In your opinion, do you see EB2 india touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest to plan for EB1C if situation exists?

Thank You!
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New Member
FAQ: Consequences of employer withdrawing I-485 Supplement J

Hello Rajiv Ji

Currently working with Employer B.
My PD - EB2 India, Aug 2013 with old employer A
Sep 2022 - Filed I485 with Employer A's I485J (which he provided that I will join his consultancy company)
I always intended to join him but we couldn't find a new project in this market. He mentioned he is going to withdraw the I485J and I140.
Will it be a right-away denial, RFE or USCIS will issue NOID?

If USCIS issue RFE/NOID and the response date is after 180 days mark - Can I provide 485J from my current Employer or any other employer or self-company?

Rajat Sahoo
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New Member
FAQ: Layoff while on an H-1B visa - what if I cannot find a job in 60 days?

Hi Rajiv sir,

I am on H1B VISA and was notified that my employment will end on January 20th. I am actively seeking new job opportunities. Can you please let me know what happens if I am still interviewing after 60 days and become out of status? Do I have any other options to change my VISA status before/after my employment is terminated and I fail to secure a job before the 60-day period is over? Does my VISA become invalid after the 60 days of can I still find a job and reactivate it if I get an offer after the 60-days?
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flower girl

New Member
A-2 visa and filing Adjustment of Status (DV based)

Hi Rajiv,

I am on A2 visa and filing adjustment of status (DV based). Do I have to first submit the I-566 form to the diplomatic mission for their endorsement before submitting it to the USCIS OR USCIS send it directly to the state department once we file the AOS documents?

Your response is greatly appreciated.
Thank you!
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New Member
Applying for Citizenship with an expired Green Card

FAQ: Extending Green Card while applying for naturalization

Hi Rajiv

First thank you so much for your service, I heard about you and your service from my neighbor.

My concern is about the Applying for Citizenship for myself and spouse, and with our passport and GC expiring criteria.
  • My GC and my spouse’s GC have a expiration date of Sep-2023
  • My Indian Passport have expiration date of Jul-2024 and my spouse’s on Mar-2026
I am pretty much ready with all documents (been working on it for some time) to start our citizenship application by myself, according to the U.S Naturalization website for my region (New Jersey) it shows the processing time as 16 months. And if I apply now, so during the processing period my GC will expire.

  • Is it okay to apply for citizenship application now and then around July start my renewal of GC? Are there a process to update GC info after citizenship application is submitted and is in processing?
  • Would any part of GC numbers change when I get renewed?
  • Or would you suggest that I renew the GC first as soon as I can and then apply for citizenship? If I do this then I will have to renew my Indian Passport as well I think, if there is not enough time.
  • I have two Children (7yr & 13yr) who are born here and so they have American Passports.
  • I live at the same address since 2009.
  • My last employment is still the same place since 2004 and currently working.

Thank you.
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New Member
FAQ: Risks and factors involved when H-1B Transfer approved and not joining the new employer

- If H-1B transfer is approved but not joining the new employer, then what all is required to be done to avoid any problems?

- Is it required to withdraw all approved H-1B transfer petitions in that case?

- What is the validity of H-1B transfer approval?

From Vignesh--------------------------------

Work Authorization Status regarding H-1B and Form I-9 (Employment Eligibility Verification)

Hello Rajiv Ji,

I am currently working for Company “A” in L1A visa which is valid until 09/12/2024. I have my i140 approved that was filed by company “A” in EB2 with May 2019 as the Priority date. I am from India.

Company “B” filed my new H1B. My new H1B petition (I 797A, notice of action) and accompanying request for a change of status got approved on Dec 21st 2022. Employer “B” shared me the approval copy only on 29th Dec 2022.

I 797A, notice of action says my new I 94 is valid from 12/21/2022 until 10/10/2025
  • Will my work authorization status in US reflects as H1B only if I submit my new Form I-9 through employer B? or is it already effective from the date of H1B approval i.e., 12/21/2022?
  • Is there a time limit within which I have to resign from my current employer “A”? What’s the maximum number of calender days I can continue with my current employer “A” from the date of my new H1B approval i.e., 12/21/2022?

Best regards,
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New Member
FAQ: Can certifications and courses qualify me for an H-1B?

Hello Rajiv,

Hope you are doing well.

I am currently pursuing 6-month online certification program in "management" domain from the Indian Institute of Management (IIM) here in India and this IIM has been awarded the EFMD Quality Improvement System (EQUIS) accreditation by EFMD, the globally recognized international organization for management development. This institute has AACSB (The Association to Advanced Collegiate Schools of Business) accreditation in the US. I have bachelors in chemical engg from India and masters in chemical engineering from the US. I plan to use H1B remainder option to come back to the US and would like to change careers.

My question is as follows -

1. Does the "online certification in management" that I am currently pursuing from the AACSB accredited institute as mentioned above considered valid and acceptable by the USCIS for changing careers from chemical engineering to managerial roles such as e-commerce/software domain on H1B?

2. I have also done courses in management, data analysis, economics, computer programming and other math related courses at undergrad level in chemical engineering and would like to know if these courses would be of any help to change domains as transcripts for bachelors and masters degree are requested during the H1B processing?

Please let me know and really looking forward to your response.

Thanks in advance and as always, appreciate your time and advice.

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New Member
Qualifications and Criteria for EB-1A (Extraordinary Ability Green Card)


Hello Rajiv,
Thank you for taking the time to guide several folks like me on these conference calls.

I finished my Master's degree a couple of years ago and am doing my Ph.D. in Blockchain. I have published several papers in the same field while working as a Program Manager, making several meaningful contributions in the state and the federal government sectors, impacting the lives of K-12 students.

I would like to know if I can apply for EB1-A; if not, what would be the right category under EB-1 to petition for a Green Card?

Thanks for your consideration in answering this question during the conference call.

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New Member
H-1B visa Extension with approved I-140

Hello Rajiv,

I have been on H1b for 11 years with I-140 approved (my Priority date is not current yet). My current H1b is approved and stamped until 2025. I wanted to take a career break for which I was planning to apply for h4 as my spouse is on H1B.

Considering the long processing times, if I wanted to get back on H1B (after lets say 6 months) with a new employer before my h4 is approved what will I need to do? I will have already crossed the 60 day grace period.

- Do I have to wait until H4 is approved?
- Do I need to need to leave the country?
- If I retract the H4 after H1B with new employer is approved, will my stay (6 months) be considered legal?

Thank you in advance! I really appreciate your help with this.

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New Member
SNAP (Food Stamp) and Public Charge concerns

Hello Rajiv Sir,

My mother is 68 years old. She is on Green Card status.
She receives SNAP (food stamp) benefits every month.
She will be visiting India for 3.5 months to take care of a family emergency.
Note: She files her income tax return with 12500-13500 income every year. She is on obamacare for her health insurance.

Question: Will she get in any trouble during immigration while re-entering USA, because she is receiving food stamp benefits on green card?
Is FOOD STAMP considered public charge benefit or cash assistance?

Thank you sir for providing your guidance on this topic!!!
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New Member
Visa options for International PhD Students

Hi, I am a British citizen, have a 1st class undergrad and phd degree, have high impact journal publication, awards and 2 patents pending applications submitted by the university. Currently, I am an engagement manager in a strategy consulting firm.

1. Which category I am suitable for?
2. Can I apply without a job offer?
3. If not, is there a database to find which companies offer sponsorship?
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