Recording of January 20, 2022 Conference Call with Rajiv S. Khanna

Not open for further replies.


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'S will be addressed first and these FAQ'S 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.
Note that we answer posted questions and follow-ups first.
Call Details:
Next Call Date: February 03, 2022
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.
Last edited:

Puneet Mehta

New Member
FAQ: EB-1B for postdoctoral holder after a gap of several years in career

Hope you are doing good.

This is for my wife.

She did her PhD in clinical psychology in 2016 from university of Rajasthan her thesis subject was schizophrenia. She had published some of Paper in international journals in Psychology. Also she was working with a psychiatrist in clinical setup for close to 5 years.

After 2016 she had to stop professional work due to Marriage, Kid and Brain Haemorrhage. Now she is all well again at the age of 38, can she still apply for EB1B, will it be possible her to get Postdoc fellowship and Greencard with these many years of break in career. Is there any possibility for to get green card?

Kindly suggest,

thank you..
Last edited by a moderator:


New Member
FAQ: Date of birth and name corrections in birth certificate

Hello Mr. Rajiv

My wife birth certificate has spelling mistake/error in name and also date of birth is wrong(three months behind). We couldn't fix this problem recently. What if I get an RFE from USCIS ? How do I respond and is there a solution for this ?

Also, do you think indian consulate birth certificate according to passport entries will work ?
Last edited by a moderator:


New Member
L-2 dependent spouses qualifying for their work authorizations (EADs)

Hello Rajiv, I have a question on my L2-EAD
  1. My EAD card is expiring in March 2022 and L2-Visa (and my spouse L1-B visa) is expiring in June 2022.With the new USCIS policy on EAD auto-extensions am assuming I am eligible to work until June i.e until i have my visa, even if my EAD card is not renewed on time. I have already applied for the EAD extension (Form i-765) in the month of October 2021, i received my application number over SMS, but did not receive the "Receipt notice" via mail. Is the application receipt notice necessary to work with expired EAD, as per this new rule?
  2. My Spouse L-1 Visa and my L2 visa will go for extension in next couple of months (expiring in June 2022 as stated above). If I get my visa extension approval by June, can I continue working with my present EAD card (expiring in March)? As policy says we can work upto 180 days. Or will I have to discontinue employment in June and apply for new EAD again?
Last edited by a moderator:


New Member
COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card

Hi Mr. Rajiv,

My Mother-in-law came on a visitor's visa (B-2) from India to the USA in August 2020. We filed two extensions (6 months + 6 months) so far due to on-going COVID issues and her 2nd visa extension period is expiring in Feb 2022. She has a return ticket booked to India on Jan 14, 2022 (in 7 days).

But due to the sudden spike in COVID cases (Omicron variant) across INDIA/USA, we would like to extend her visa for the 3rd time by at least 2 months (until April 2022). Also, she was recently diagnosed as COVID positive (Dec 29th). Luckily, she had both Vaccine shots and a booster shot, so the symptoms were mild and she is recovering well and doing fine.

1) Can we file for her visitor visa extension for the 3rd time owing to the reasons (due to the rise in COVID cases in INDIA + she herself being COVID positive very recently)

2) Will the 3rd extension filing cause any issue in the future (travel and stay at USA)

3) If filing a visitor visa extension for the 3rd time is going to be an issue, can we file for Adjustment of Status (concurrent filing of I-485 and I-130 for a Green Card) as she is currently in the USA?

Looking forward to your advice and inputs.

Thanks in advance. Appreciate your help.

Last edited by a moderator:


New Member
H-1B withdrawal - transfer, stamping and payroll issues

Dear Rajiv Sir,
I came to the USA on H1b through a consultancy company with their client & travelled to USA after stamping. The joining got delayed as the project got on hold at client. I was able to find another project after 3 months & my sponsoring employer did not generate my payroll till I got new client project & also gave me an offer letter of the date of joining their new client project.

Now, in 2018, I traveled to my home country & also for H1b stamping & in DS 160 forms, I mentioned the employment start date in "Work History" to the date when I actually got the project i.e after 3 months of arriving in the USA. That showed a gap of 3 months of employment in visa form & because of this thing, my visa stamping was put on hold to check about this gap (221G).

After a few months, employer decided to withdrew H1b with the fear that the consulate might revoke the visa for not generating the payroll & asked me to transfer with any other firm & come back. I had travelled in 2016 & was entered to USA after short trip before 2018.

Q : Am I considered out of status because of the past payroll issue?
Q : Will I face any issues with H1b stamping or POE with new employer?

Thanks for helping.
Last edited by a moderator:


New Member
Maintaining H-1B status while waiting for green card where spouse is the primary applicant

Hi Mr. Rajiv Sir,

I received my green card EAD recently with validity for 2 years (my husband is the primary applicant) and would like to use the same for employment now instead of my H1B. So in any unforeseen incidents if his GC becomes invalid or rejected, will I have to go back to India immediately? Will I be able to file H1B again similar to how am doing the H1B extensions now here in USA or will I have to go through the H1B lottery process etc?

Please note that I have a valid I-140 and I have already max-ed out the 6 years of H1B, but have extended h1b which is approved and valid for 2 years.
Last edited by a moderator:


New Member
I-140 approved and I-485 has been pending for six months - unemployment issues, handling RFE from the USCIS and TN visa

Hi Rajiv,
In one of your community calls you mentioned once 140 been approved and 485 is pendigng for 6 months, one can be unemployed
utill receiving the RFE.

I have follow up questions on that:

1) Could the unemployment reason be due to expired visa, or it's only when someone gets laidoff?
My TN visa might expire before getting EAD or GC. Does the unlimitted unemployment apply to my case too?
2) Should the job offer in response to RFE be in the same field which 140 was approved for?
3) Should it be in the same State which it has been filed for?
4) In unfortunate case, if GC got denied, would this duration been considered over staying visa and I could be banned entry to US?
5) Can I apply for TN ever again if GC got denied?
6) Does expired TN visa cause CG denial?

Last edited by a moderator:


New Member
Extended absences from the U.S. while maintaining permanent resident status

Dear Rajiv Sir,

I’ve a general question regarding maintaining my status on Green Card.
Brief history about getting my green card.

I was out of US in Mar 2020 and came back to US on 24 Feb 2021 (Came back within 365 days). However when I left US in Mar 2020 I was on EAD and AP. While I was away in India during this time I received my Green Card in Oct 2020 (my friend mailed card to me in India) and I entered US in Feb 2021. So, effectively after getting my green card, I was out of US for 4 months (Oct 2020 to Feb 2021) but close to 11 + months since beginning of Mar 2020. Will this cause any issue in future?

I’m currently on vacation from Nov 25 2021 until end of February 2022. (3 months effectively).
I hope my out of US stay for 4 months (oct 20-feb 21)and 3 months(nov 21-feb 22) now shouldn’t cause any issue.

Is there any precaution I should take when out of USA while on GC, so that there won’t be any issues in future immigration processes like citizenship or entering back in US.

Thank you for your time.
Last edited by a moderator:


New Member
H-1B visa cap exempt rules

Hi Rajiv,

My I-140 filed by company-A has been approved, and the priority date is not yet current. I worked at company-A for one year after the approval, and then moved to company-B.
My H-1B was extended based on the approved I-140. I moved out of the US in 2018, with 2 more years remaining on the H-1B.
Is it possible to get a Cap-exempt H-1B now, if there is a job offer from a new employer in the US (company-C)?

Thanks so much for your time.
Last edited by a moderator:


New Member
F-1 visa - 90 day rule and the adjustment of status process

Hi Rajiv Sir,
I have a question about Adjustment Of Status, from student visa. I searched through the faq's and forum topics, but couldn't find an answer to this. So can you please let me know about this -
for an F-1 visa holder, married to a US citizen, could there be issues with Adjustment Of Status, as F-1 is a non-dual-intent visa? And is it required to stay at least 90 days on the F-1 visa, before applying for the AOS?
Thanks a lot!
Last edited by a moderator:

Praveena R

New Member
Will minor children with both parents as LPR be allowed to enter the U.S. after one year?

Hello Rajiv Sir,

I and my spouse are in GC LPR status and currently in USA. My daughter, 11 years old, also holds GC LPR who is currently in India and its soon going to be 1 year herself being out of USA. My son (7 years) is a citizen of USA and in India as well for the same period. Due to personal reasons the stay of my kids is extended and am afraid I might not be able to get them back to USA within the 1 year period. Considering a minor child with both parents as LPR is there an exception she will be allowed to enter USA if travelled later 1 year on her current GC or is there any permit/returning visa to be processed? Please note we had not processed her reentry permit before her leaving to India as didn’t expect her stay to be long.

Do we need to get her returning visa processed in case she gets to travel post 1 year of stay outside USA ? Can you please also suggest the approximate duration it takes to get such visa processed as I notice that it is only Mumbai consulate processing S visa applications and requires medical exam as well.

Is there also any issue of my son staying outside of USA (holds OCI) for the same duration ?

Thanks a lot. Much appreciate your time in advance.
Last edited by a moderator:


New Member
Change of employer after I-140 approval and renewing H-1B indefinitely

Hi Rajiv,

Hope you're doing well.

I have a question about changing employers after I140 approval. I'm currently on the 6th year of my H1B (single employer throughout the 6 years). My I140 was approved ~4 years ago and it has a priority date of January 2018. My questions are

- Can I switch my employer now even though my initial H1B period is ending?
- Am I eligible to keep getting H1B extensions even if I'm not with the employer that filed for the I140?
- Will I retain my January 2018 Priority Date when the new employer files for an I140?
Last edited by a moderator:


New Member
Can I renew my driver's license while I-485 is pending?

Hi Rajiv
I need to renew my driving license. My TN expired and 485 is pending.
I am in California. If I renew it based on AB60 which is a driving license for undocummented individuals would that impact my
485 acceptence?
Any ris that could affect GC process?

Last edited by a moderator:
Change of status from H-4 to F-1

Hi Rajiv,

My Scenario:
I am a dentist in my home country. I came to the USA on an F-1 visa for study in Master in Public health in December-2018. I got my F-1 visa on my 3rd attempt. I came to the USA from Memphis university. Once I came to the USA I transfer my admission to Temple University. I studied there one semester and I got married to an H-1B visa holder person. I transfer my visa status from F-1 to H-4 and drop from my MPH study. After that, I prepared for Dental school admission. I got admission to Dental school for the international dental program which is a 2-year program. It will start in July-2022. Now, I am thinking to transfer my visa status from H-4 to F-1. My H-4 visa will expire in August-2022.

My Questions:
1) Do I have to file COS within the USA or should I have to go to my home country and come back with an F-1 visa stamp?
2) Is there any risk to going to my home country and going for a student visa interview because I already have three rejections for F-1 and COS from F-1 to H-4?
3) If I transfer my H-4 to F-1 within the USA, Do I have to file my H-4 visa extension?
4) Can I file two applications together, First COS to an F-1 and the second H-4 extension? In case, if my COS application to an F-1 will reject if I have approved H-4 extension so I don't have to leave the USA. If I file my COS to F-1 in March-2022 and H-4 extension in June or July 2022. Which application USCIS will review? For example, if my H-4 extension will take 8 months and it will approve somewhere in 2023. I also apply for COS to F-1, is my H-4 extension confirmation will affect my COS to F-1?
Last edited by a moderator:


New Member
Can I apply for H-1B while I-485 is pending?

Hi Rajiv,
Can I apply for H1B visa while TN visa was expired and 485 is pending?
if yes, can I use attorney different from the one who has filed the 485?
What document my company needs to provide for H1B visa?

Last edited by a moderator:


New Member
L-1B change of status to approved H-1B with consular processing

Hi Rajiv Sir,

I wish you very happy new year.

One of my friend is working on L1B for company 'X'. He is in United states right now. He got approved H1b with Visa consular processing from another company 'Y'.

Could you please help me on the below clarification on H1B Transfer?

Can company 'X' ( Current Employer where he is working on L1 Visa) initiate new H1b Petition with out going for lottery again?

Can company 'X' transfer H1b Petition with just receipt notice? (No Paychecks from Company 'Y' since he did not even start the job with Company 'Y')?

Is there any risk involved with current L1 Visa if H1b transition is possible? (I mean loosing of L1 visa if H1b is not approved)?

Can company 'Y' revoke the approved H1b Petition? if yes , how can company 'X' pull the details about it before starting the transfer or filing the new petition?

Last edited by a moderator:
Not open for further replies.