Recording for April 17, 2025, Conference Call with Rajiv S. Khanna

[DEEPAMENON]

Rajiv S. Khanna, US Immigration Attorney, hosts a Free Community Conference Call every other Thursday to answer immigration-related questions. Even if you are not a forum member, you can call in and ask questions or listen to the discussion live. Questions marked as FAQs will be addressed first, and these FAQs will be posted in our immigration.com 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: We answer posted questions and follow-ups first.
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Call Details:
Next Call Date: May 01, 2025
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
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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: https://www.immigration.com/our-fees

 

[Migi13]

FAQ: Impact of errors in tax return; IRS payment plans

I have not gotten to the stage of I-485 filing, but I had a general question. Let's say I accidentally put some wrong information in my tax returns, then I assume IRS will contact me about it. As long as I am on a payment plan with them, and pay everything I owe properly, would it still affect my I-485 approval chance? I am just worried about any unintentional errors from my end.

Thanks.

 

[bsinga23]

Expired visa, valid I-797/I-94: Canada trip before concurrent I-485?

Hi,

Recently my I-140 has been approved under EB1A and I have my approved EB2 for the year 2017, I am in the process of filing I 485 and adjustment of status together,Now with the expired US visa and valid I 797 and I 94 until 2026 Nov,shall I travel to Canada and come back to US within 10 days before filing my adjustment of status and I485? Since my I 140 is current for EB1A, does it impact anything?

 

[jayjoshi]

Approved but inactive H-1B status after COS and impact on subsequent filings

I was laid off few months ago and filed for a change of status to F2 within the H1B 60-day grace period. My F2 change of status has since been approved. Currently, I have received multiple job offers, and I understand that employers are planning to file H1B change of status (COS) petitions for me a few days apart.

My questions are:

• What happens if multiple employers file H1B COS petitions for me a few days apart?
• If Employer A's petition is approved but I haven’t started working for them yet, will USCIS reflect this as an approved but inactive H1B status?
• Will this affect how USCIS processes Employer B’s petition?
• If Employer A's petition is approved and I haven't joined them yet, will I already be considered on H1B status?
• Is there a deadline to start working for a company after H1B is approved, considering the approval date?

 

[SamS24]

FAQ: Day 1 CPT and F-1 visa stamping

My STEM OPT expires in October 2025 and my H1b has not picked in the lottery in the 3 attempts. I want to know what options do I have to continue working for my current employer? The most common option I have been recommended is Day1 CPT. I need to travel to India in November 2025 for my wedding and wanted to know what process should I follow getting a F1 stamp/ restamp under Day1 CPT. Also, are there any other options that I can use to continue working for existing employer and still be able to travel to India in November.

Main concern is F1 stamp/ restamp on Day1 CPT. What can I do on my end to ensure successful stamping? Or can should I travel to India now when I have valid STEM OPT to get a stamping under the current F1 status.

Another option I came across is Open Avenues, where I get a cap exempt H1b visa for part time job and I can continue my full time role alongside it. What are your thoughts on this option and what do stamping success rates look under this option?

 

[dsm918]

US citizenship eligibility: Date on green card vs. I-485 approval

Hello Rajiv,

My question is related to the timeline for applying for US Citizenship when on a green card. Per USCIS, earliest time to apply is when 4 years and 9 months have been completed.

My specific question is what date I use as the start date for the Green Card to determine eligibility?

When I check the USCIS website, it says to enter the date on the physical green card to calculate eligibility to apply.

Below are the dates I have for my Green Card:

I-485 Approval Notice Date: May 2021 (Adjustment as direct beneficiary of immigrant petition)
Physical Green Card received in May 2021

Date on the Green Card: Resident since June 2020 and has an expiration of June 2031

What date should I go by? One makes me eligible now and for the other I have to wait till next year

Date specified on the Green Card (Resident Since) - June 2020

Or

Date on the I-485 Approval Notice and when we received the physical card - June 2021

Thanks.

 

[HarishVKS]

L2S extension pending 7+ months after L-1A approval - Options and travel concerns

Dear Mr. Rajiv,

My Spouse is on L1A and I am on L2S Visa. Our previous I-94 was ending on Jan 5th 2025. We applied for our extension on Sep 6th, 2024 (Receipt Date) and my Spouse's L1A visa extension is approved in Sep 2024 itself and extended till Jan 2027. But it has been more than 6 months and still my L2S visa extension is pending with USCIS. Below is the timeline:

Sep 6th : Received at Texas office
Sep 17th: Moved to California office
Dec 10th: Requested for expedited processing since my I-94 was expiring on Jan 5th 2025 and will lose my job. The agent mentioned an officer will call me to get required supporting documents
Dec 17th: Request for expedited processing denied. I didn't get any call. I didn't get any chance to provide my reason for requesting expedited processing
Feb 5th 2025: Raised a ticket for beyond normal processing time
Feb 10th: Received below response:

Thank you for your inquiry. We have received your request and are working diligently to process your case within the processing times posted on the USCIS website. For your reference, USCIS processing time are available here. Due to the high volume of work we are currently receiving, it may take longer to provide you with a final adjudicative decision. We appreciate your continued patience.

Mar 17th: Spoke to an agent over phone and he raised a ticket and mentioned they will get back in 60 days

Still no update. The normal processing time for California is showing 3.5 to 4 months and my application has been pending for almost 7 months. What options do I have to get the approval? My Passport visa expired in Sep 2024 hence cannot travel outside US which might result in abandoning of application.

 

[pnkop1005]

I-485 EB-1C (PD Oct 2021) CRP since Dec 2023 despite current dates: How to expedite

Hello Rajiv ji

I am waiting for approval of my I- 485 based on EB1-C (multi-national manager) with Priority Date (PD) as October 2021 which is in CRP (Case Remains Pending) status since December 2023. The status went CRP when EB1 dates for India retrogressed in 2023 but its current since July 2024 for me. I had tried creating Service Requests, Senator Inquiry for case outside normal processing time several times but no action on case yet. Is there any way I can bring attention of USCIS to my case?

The Advanced Parole renewal is also pending for 13+ months now. I have valid 5 years EAD.

Thanks for your time and response.

Regards,
Pradeep

 

[TetrisStillAlive]

My I-693 expired 03/31/25: Wait for renewal or start medical

Hello,

I'm about to print I-693 ( Report of Immigration Medical Examination), but the form is expired on 03/31/25. Should I wait until USCIS renew it or I can start my medical with that one until they say otherwise?
Or can I contact to someone to look into it?
I don't know how long it will take them but don't wanna wait weeks until someone notices

Thank you in advance,
Ivan

 

[Ali.1115]

FAQ: Laid off H-1B filing B-2 extension for job search explained

Hi Rajiv Ji,

Could you please briefly explain the process and the basis for filing for B2 extension for job search?

Is it the same I-539 form and process? And do we need an attorney for this?

Thank you.

 

[Shashank1995]

Cap-Exempt H-1B: Updating I-94 with new passport & 60-day grace period after layoff

Hello Rajiv Ji,

I am on a cap-exempt H1-B, approved in February 2023. My passport expired in January 2024, and I received a new passport from the Atlanta, GA consulate in July 2024. However, when I enter my new passport number on the I-94 website, it shows as invalid.

As I plan to travel to India in July 2025, how can I ensure that my new passport is correctly linked or updated in the system?

Also, I have a question regarding the 60-day grace period after an H1-B layoff. If someone gets laid off, finds a new job, and then is laid off again, how can they check how many grace period days are remaining in such a repeated cycle?

Thank you!

 

[Patel9811]

STEM OPT denial, H-1B picked: Day 1 CPT reinstatement vs. I-290B appeal

I filled for my STEM OPT in July 2024, received an RFE in Nov 2024, Responded with Documentation to RFE in January 2025, Received a denial notice for STEM opt i-765 on March 14, 2025, My Sevis was also terminated and completed. My school DSO did not have any knowledge about it, reason for denial was accrued more than 200 days of unemployment on my initial OPT (which is not true, I had two unpaid internships in my initial OPT period, reported each employer on SEVP portal by me in a timely manner, also all employers were present on i-20 while applying for STEM OPT)

Also my STEM OPT employment is paid. I have payslips and timesheets upto 180 days after filling it.

I have hired an attorney for filling form i-290B (motion to reappeal) since i have all the documentation, Also my uncle's firm put my name in H-1B lottery and it got picked. I need to save my H-1B (provide documentation till June 30th), should i go for Day 1 CPT starting may 2025 (reinstatement) or wait for decision on i-290B which would take 60 days after filling, projected filling date is April 14.

please discuss it in your community conference call, also let me know what are my best options.

Thank you