Thread OPEN to Post Questions for April 11, 2019 Conference Call


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Rajiv S. 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: : (202)800-8394
Topic: General Immigration Related Questions
Start Time: 12:30 PM, EST
End Time: 1:30 PM, EST
Call Date: 11, April 2019
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.
Hello Rajiv Sir

My employer has filed my h1 and asked for a change of status with H1 filing and got an RFE(As i am filing from CPT-F1 to H1) relating to
--Maintainance of Status
--CPT Related
--Multiple years of CPT at the same Education level

The lawyer is asking me to change from Change of status to Consular Processing and go to India and stamped and come back.

After getting the RFE and if a lawyer asked to change to Consular Processing if i go to INDIA for stamping what are the chances of getting stamped Approve as I am changing from Change of status to Consular Processing and already have RFE?

Please let me know

Hello Rajiv:

I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019,

a) What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD?

b) Without a job how many days i can stay in USA before my I-94 expires using I-140?

Please advice and help.

Hello Rajiv:

I have valid H1b Visa for Employer A, and wife has H4 EAD valid until Aug 2020.If i transfer my H1 to new Employer B, Will i be able apply for H4 extension and new H4 EAD at the same time now? I was told that H4 EAD cannot be applied before 180 days of expiry of existing EAD which is around Feb 1st 2020. So, as per them i can apply H1 Extension along with H4 and only apply H4 EAD in Feb 2020. Is this true?
Hello Rajiv:

Greencard interviews for interfiling cases?

As per the new Green card visa interview rule. The visa interview is only for I485 filed after 2017. What will happen in case of interfiling 485 i.e( pending 485 filed in 2013 in EB2, requesting USCIS to consider in EB3)

Do we have to go through the interview process if we move the case from EB2 to EB3 with already filed 485 in EB2 ( filed in 2012), or would that be a simple request asking USCIS to reconsider the case in a different category?

I am only asking as I was told the interviews are taking close to 6 months to get scheduled.


Registered Users (C)
Hello Rajiv:

Thanks for taking my question.

When one files Asylum after 2 years of entering USA:
- Interview happens or case goes directly to IG Court?
- What happens if one gets married to USC during Asylum case in process?
- Do you handle Asylum cases?

Please advice

Thanks for your help!
Hello Rajiv Sir,

Thanks for replying my question. Really appreciated it.

My employer has filed H1b Amendment + Extention in July 2018 and I have received RFE for the same .My current I-94 expired on Feb 28,2019 and I am on 240 day rule.I filed F4(Brother Sister) family based I - 485 on Feb 16,2019 and USCIS has send the receipt with receipt date as Feb 19,2019 and notice date as March 05 ,2019.

Here is the summary :
I-485 Filing Date - Feb 16,2019
I-485 Received by USCIS - Feb 19,2019
I-485 Notice Date - Mar 05,2019
I- 94 Expiration Date - Feb 28,2019

Which date is considered for I 485 receipt date or notice date ?
If my H1b will get denied then will the period Feb 28 - March 05 will be considered as an illegal stay?