Recording of September 30, 2021 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'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: 14 October 2021
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.
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New Member
FAQ: Obtaining student or visitors visa while a green card is pending

Hi Rajiv,

I am from India and 19 years old. I have F3 family based immigrant visa filed for me and my parents and we are living in India. My visa file has become documentarily qualified on April, 2020 and my file status has become current on January, 2021. I am waiting for my interview and I have received 3 mails to wait for 60 days till next reply.

I have taken admission in a community college in Maryland (for obtaining associate degree) via remote learning for Fall 2021. I am studying online from India. I wanted to know that can I apply for an expedited appointment on basis of my educational need. I mean to say that can I get expedited visa if I want to go and study in USA for my F3 family based visa?
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New Member
FAQ: Continuing to use H-1B when I return on Advance Parole

Thanks for your free service for community.

Details : I am with employer A and with him - I have EAD / AP approved. I also have H1B approved till 2024 with same employer. I have plan to visit india home country in near future.
Question : I am planning to utilize on AP to come back to USA and would like to work on H1 with same employer. is it possible ? Also if i do not receive GC till 2024 and would like to extend H1B with same employer. Please provide your feedback on these scenarios.
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Praveen Dubey

New Member
FAQ: Nuances of changing employers during the green card process

Hi Rajiv Sir,

Thank you for taking questions. My question is related to Green Card filing. My green card was filed with Employer A. Currently I have moved to Employer B with approved I-140 on H1B which is valid till Apr 2023. They have not filed the labor for me yet. My priority date is Feb 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in US so can't file for EAD. I hope to be in the US in next 4-5 months. Do I need to join the Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach US? Please provide your opinion as I am not too familiar with whole process.

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New Member
2022 Diversity Lottery visa and F-4 visa

Hi Rajiv
Thanks give free immigration service
I have questions about DV2022 and F4 visa
My daughter win DV2022, she sumbited DS260
Also her name in my F4 visa petition, POD: 30/6/2006
POD Become I coming six months as filling date in visa bulletin 2nd table

if she will DV2022 visa interview in six months or sooner(October)

when I have to removed her name from F4 petition

if F4 filling visa bulletin jump six months in coming months, she need to file DS260 form again.

Both Visa catagorey process look like time same, which one open first.

I have questions about, when I have removed her name from F4 petition.
I hope you understood my questions
Thanks for everything
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New Member
I-485/green card expedite request based on urgent travel need

Hello Rajiv Sir!
I hope you are doing well. Thanks for taking my questions. Appreciate your help and time. My question is regarding I-485/Green Card expedite request based on urgent travel need. Can you please provide your advise and responses?

Let's say that based on urgent travel need, I placed an expedite request with USCIS for processing my green card quickly, and I also submitted evidence for the same in an email to them or at the field office. Let's also say that USCIS approved my I-485 GC expedite request because it's an urgent need and ultimately approved my green card I-485 application.

My questions are (1) if I do not travel after getting Green Card, will it be an issue because I asked USCIS to expedite my Green Card based on urgent travel need and I am not travelling after getting green card?

(2) Does USCIS go back and audit to check if expedite request based on urgent travel need was actually fulfilled by me after I got my GC?

(3) If they audit, within how many months or days, they audit to check if I travelled?
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New Member
Form I-9, reverify and updating

Hi Rajiv,
Namaste ji. I have a couple of questions regarding I-9 form.

My husband got Green Card last two weeks ago. He's working for the same employer who sponsored him for his green card.

(1st question): His employer said he needs to submit I-9 form because he got GC. Is there a problem if he submits I-9 form for reverification with his employer after 2 months?

(2nd question): For some reason, if it gets delayed in submitting I-9 form for reverification after getting GC, who will be in trouble? Is it the employee or employer? Just want to get clarification. Thanks much.
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Akriti Jain

New Member
FAQ: Green card holder working on multiple jobs - Is it legal?

Dear Rajiv sir ji
I have a question on working multiple jobs at the same time using green card.

I got green card two days ago. I work 40 hours a week in an IT company A as a full time software engineer from 8 AM to 5 PM Monday to Friday.

1) Can I work on another full time job 40 hours a week in IT company B as a software engineer from 8AM to 5 PM at the same time while working for company A if i can manage because i am working remotely? Please note that my current job at IT Company A has very less work fortunately so thinking of working on another full time IT job for 40 hours from 8 AM to 5 PM.

Please advise if i can work and it's legally allowed from USCIS perspective?

2) while I am employed with company A full-time 40hours a week, can i work on another part time IT job like 20 hours a week assuming that some hours of IT full time job overlaps with some hours of IT part time job?

3) can i work on another non-IT full time or non IT part time job during weekends/holidays, or after my other job working hours while I am employed with company A full-time?

Many thanks.
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New Member
FAQ: How long can green card holders stay outside the U.S.?

Hi Rajiv
Thanks for your help to the community.

Can you please clarify the following?

1) how many number of days can a green card holder stay outside USA continuously per year and non-continuously per year?

2) on USCIS site, i saw the following "....A Green Card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. ..."

Does it mean that i can stay outside USA like 11 months or 11 and 1/2 months? Kindly clarify. I am confused with above statement.

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New Member
Can F-1 students apply for diversity visa?/Leaving an employer after approval of green card and starting business

Hello sir,
Thank you very much for this!

1) Is it possible for a student on F-1 Visa to apply for Diversity Visa Program? Would it affect the non-immigrant intention in any way?
Also, just in case if he gets selected then how must he do the procedures legally?

2) Is it possible for an employee to directly leave a company (1-2 months) after getting the green card by their sponsorship and maybe start a business? Once we get green card this way, then can we get the citizenship only by satisfying the residence requirements (5 yrs, etc) in united states?

3) What happens if one company applied for my Green Card and then I shifted to another company before getting it? Would my procedures be hampered? Or would I lose it?

4) Is the F-1 visa still a single intent visa?

Thank you again,
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New Member
FAQ: Effect of a career change on naturalization process and timing

Hi Mr. Khanna,

Thank you so much for your community conference call. I know in the past you have addressed the scenario of leaving the sponsoring employer AFTER receiving the green card but I am wondering about the scenario of a CAREER FIELD CHANGE altogether after GC. I am in field A and have received my GC, still working with my sponsoring employer. I am contemplating a career change to field B that is totally unrelated to field A due to personal dissatisfaction with field A on the whole.
- Is there a safe time frame to do this without repercussion to my current GC and the naturalization process?
- Would I be able to avoid complications if I apply for naturalization 5 years, not from the time I received my GC but from the time I change to work in field B?
- Would I be able to avoid complications at naturalization if after changing to work in field B, while maintaining a full-time job in field B I also keep an on-demand/per diem/part-time job in field A?

Thank you very much once again!
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New Member
PERM in EB-2

My current company is planning to file my PERM in EB2 and my priority date is Oct 2013. I sent few emails but never got response, so I am posting question in the forum, please forgive me if this is not right.

I took permission from my company to file my next process by own and I will pay for rest of fees.

I want to hire you to file my green card for rest all the process like I-140, I-485

Please let me know what is you fees for I-140 and I-485 for me ?

Do you have any additional charges to include my wife, if yes then how much ?

If Priority date is current in EB-3 then my EB-2 needs to lower to Eb-3 and I think you needs to reprocess I-140 again what will be fee for

I-140, I-485 ( Lower to EB3 ) and my wife
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New Member
Day one CPT and H-4 EAD visa

Hi Rajiv,

I am on an F1 STEM OPT visa that is expiring in Jan 2022. I was not picked up in the three H1B lottery attempts I got on my STEM visa.
I am considering the following two options to maintain my work visa.
  1. Day one CPT: What are the risks of going on a Day 1 CPT visa?
    I have heard people facing problems when the H1B is picked up. They got RFEs and also faced problems while getting the H1B stamped and then later when going through the Green Card process. What are your thoughts about the Day 1 CPT option? Do you think it's worth pursuing? Is it a legal option? How does USCIS see Day 1 CPT?

  2. H4 + EAD visa: My H4 and EAD concurrent application were received by USCIS in May 2021. The only option I see to get my application processed before Jan 2022 is through litigation against USCIS. Can you please discuss the rate of success in getting the application approved through litigation? Do you assist in filing the litigations?
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EB-2 to EB-3 and I-140 downgrade

Old priority date December 2013 in EB2.

I joined new company last year and they started my green card in EB-2 and prevailing wages came. now they are planning to file my PERM in EB-2 to retain my old priority date.

How many days PERM is coming now a days ? Just tentative Idea

Please let me know What is best strategy in my current situation ?

Once PERM in EB2 will come, Can my new company File I-140 in EB-3 category ? Lowering will be possible ?

Do my new company needs to complete I-140 in EB-2 and then they need to lower it? or they can directly lower it in EB-3 after PERM come ?

I am not happy with current company attorney after I-140 or PERM, is it possible to change new attorney ? What are the tentative charges any guess ?

1. Where I can find Check list for all the forms and required document for I-485 ? And what all forms and check list to Lower EB2 to EB3 ?
2. If I will lower by I-140 lower from EB2 to EB3 and till that time if priority date is current in EB2 then I upgrade back my I-140 from EB3 to EB2 again ?
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