Recording for June 01, 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: June 15, 2023
Start Time: 12:30 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
Revoked H-1B - Never went for stamping - Cap exempt possibilities?

Hi Rajiv,

Hi Rajiv, I had my H1b approved in 2019 and revoked in 2022 (not sure about revocation cause as employer is not responding to my emails).Never went for stamping did not have approval notice with me. All I have is a case/receipt #,can any other employer do a cap exempt ?

I have reached out to a couple of employers, but they are saying I am not counted under cap. Pls advise.

Thanks In advance!
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New Member
L-2 to EB-2 visa - Managing status, backup plans and options during green card processing

Hi Rajiv,

I am currently in L2 status until May 2024. My employer is sponsoring my green card and has filed a PERM application in April 2023. Based on the current processing time, it will take around 10 months to get the PERM approved, which is expected around January 2024. Assuming everything goes smoothly, I will have three months (February, March, and April) to apply for I-140(premium processing) and I-485.

1. As a backup plan, is it a good idea to apply for F1 status in January 2024 if my PERM has not been approved by then to avoid falling out of status?

2. Can I use/utilize section 245k?, if yes, can I work during that time even if it is unauthorized?

3. Can I change my status from L1/2 to B1/B2 to not end up in out-of-status?

Thank you!
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New Member
Closing an EB-3 I-485 application: Implications for permanent residents with multiple concurrent filings

Hi Rajiv,

I applied for two I-485's in both EB2 and EB3 categories in Oct 2020 as I had I-140's in both categories.

Received my GC from EB2 I-485 last year. The EB3 I-485 is still open and few ppl in my situation [Oct 2020 mess of sudden priority date movement, ppl filing multiple 485's or doing transfer of underlying basis] had their other 485's administratively closed after they got GC in other category.

Should I call USCIS to administratively close my EB3 application or it doesn't even matter now that I am a permanent resident?

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New Member
Using prior employment experience for PERM applications after returning to a former employer

I left an employer and joined back again after few months on a similar role. Can I use my experience gained with that employer previously for my PERM?
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New Member
Managing H-1B extension, marriage, and travel plans with pending I-130, I-485, and I-765 applications

Hi Rajiv,
I’m currently on an H1B extension expiring in November 2023. My employer has started the PERM process, and the lawyer expects I-140 approval early next year. To buy some time for the PERM process, my employer is filing an amendment to recapture the four months I have spent outside of the US through premium processing. This will likely extend my H1B to the end of February 2024.

1. My fiancée is a green card holder and has a naturalization interview scheduled for June 15. We plan to get married in the US by the end of this month. Would getting married before her naturalization interview impact her path to citizenship? Does she need to do anything before the interview?

2. Can we file I-130, I-131, I-765, and I-485 concurrently this month before she becomes a US citizen, or do we need to wait on filing I-765 and I-485 until she becomes a US citizen?

3. My fiancée and I would like to travel to our home country from mid-October to December end 2023 for marriage in India.
a. Will USCIS abandon pending I-130, I-131, I-485, and I-765 if I travel to India without an approved I-131?
b. Can I leave the US and reenter on H1B status if I don’t receive an approved I-131 by October?
c. I will have to schedule an appointment for H1B stamping (with an approved I797 with a four-month extension) at the US consulate in India. Will having a pending I-130, I-485, and I-765 affect the visa stamping process?
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New Member
Moving to India after obtaining a green card or citizenship: Ensuring permanent residency status

Hi Rajiv,

1. After receiving GC via EB1/2/3 route, how soon can I permanently move to India? (without losing GC status)
2. After receiving Citizenship, how soon can I permanently move to India? (without losing GC status)
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New Member
Maintaining status and avoiding disruptions: Utilizing COS to B-2 as a bridge during H-1B max-out

Hello Rajiv-ji!

Issue: My H1B maxes out 6yrs on 5/25/2023. All time outside US has already been recaptured. Also, can't get 7th yr extension YET, since PERM was filed on 8/15/2022.

Premise: Thankfully PERM approval arrived on 5/16/2023 and LCA was also filed the same day. Waiting on i140 approval and thereafter H1B application receipt to continue working beyond 5/25/2023.

Question: I'd like to avoid going back to India and getting stuck due to visa-stamping appointments not being available soon. Also, visa appointments very far out would prevent me from getting back to work sooner causing loss of wages. Can I buy time to stay in US (till i140-based H1B is filed) by filing for COS to B2 (and later writing to USCIS withdrawing it after H1B is filed) ?

If you've already answered such a question, please feel free to point me to the forum section and/or video link.

Thanks and regards !
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New Member
Filing a lawsuit against the State Department for visa bulletin retrogression

Hello Rajiv,

I have an approved I-526 with a priority date of 2018. When I filed my I-485, the final action date was current and my I-526 was approved. However, in the last 5 months, the priority date has been retrogressed multiple times and reached back to April 2017. That is 6 years of retrogression in just 6 months.

I am concerned that the State Department is violating immigration law with this hefty retrogression. I am also concerned about the ways to prove that the State Department has acted arbitrarily or capriciously. Finally, I am wondering if mandamus action against the State Department could help expedite my pending I-485 processing.

I would appreciate your insights on these matters. Thank you for your time and consideration to the community.
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New Member
EB-2 NIW: Employer's involvement in the petition process and payment

Hi Rajivji,

1. Since EB2 NIW is self-sponsored, is it okay for my employer's lawyer to file the petition?
2. Can my employer pay for my EB2 NIW?
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New Member
Exploring options for H-1B expiration: Considerations for B-2 visa, H-1B extension, and alternative paths

Dear Rajiv,

I’m on H1b Visa with an approved i-140 (Priority date is not current.) I-94 on H1B expires end of June 06/30/2023. I’ve been working with consulting IT firm for the past 7 years. My work project with end client completed on 05/05/2023 so I’ve been without work for the past 3 weeks.

I’m still under my employer W2 and they will pay me for one to two months while I look for new work project. They will file my H1B extension, if I can find project before my H1B expires on 06/30/2023.

I’ve been actively looking for new work and exploring all possible options to stay in the country.

Based on given situation, I would like your suggestions on following:
  • Should I file B2 visa as a back-up option, just in case if I couldn’t find work by 06/30
  • If I find project with current employer or new employer before 06/30, should I still file B2 visa just in case if H1B extension/transfer is denied.
  • If H1B extension/transfer is denied. Can my B2 visa be approved and reapply for H1B visa ?
  • Any other possible options (no dependent visa)
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New Member
Taking a break from employment with a pending I-485: Implications, AP expiration, and returning on H-1B

Hi Rajivji,
I have filed 485 and received EAD and AP. I dont see my date becoming current anytime soon.
Currently I am on H1b with my current company.
I am planning to take a break from my job for 6 months to 1 year and than will start again.
1) Will there be any implicatons on 485?
2) If I go out and dont return before my AP expires, but than from India I get H1B from new company and come back on H1b, will it be fine or its considered as I have abandoned my 485?
3) In your opinion what is the best way to take a break from job while 485 is pending.

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New Member
Traveling while green card is pending

Hello Rajiv ji,
Wanted your help with our current scenario. My husband filed for EB1 and got the approval. We filed for adjustment of status this year in March and have already completed biometrics appointment.

- Looking at USCIS website, it seems that getting advanced parole/travel documents is taking close to 18 months. Does that sound reasonable? Is your office seeing similar trends?

- Once we have our travel documents, can we travel to Mexico or other countries that typically accept US visa?

- Can we travel outside the country while the adjustment of status is pending even if we don’t get our AP documents? We both have our H1B visas based on EB2 filed from our employers.

Thank you so much!

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New Member
Eligibility and restrictions for income and business ventures on H-1B and H-4 EAD visas

Hi Rajiv Sir,

I have some questions regarding if H-1B Visa holder is allowed to do below:
1. Are H1Bs allowed to get 1099-MISC form as part of NEC (Non-Employee Compensation) or can they get Independent Contractor Compensation?
2. Are H-4 EADs allowed to get 1099-MISC form as part of NEC (Non-Employee Compensation) or can they get Independent Contractor Compensation?
3. What are restrictions & Eligibility to open LLC being on H-1B Visa status?
4. What are restrictions & Eligibility to open LLC being on H4-EAD Visa status?
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