Thread OPEN to Post Questions for August 22, 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: 22, August 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.
Changing Employer after receiving Employment Based Green Card

Dear Rajiv,
Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC).

I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too.

However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons:

1. I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work.
2. And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize.

I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one.

My Question:

1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card?

If so what are the steps I should take to avoid it?

1. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records

Please do provide your Advise? Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?

Kind Regards
Jai Vijay
Last edited:
Hello Sir, I have an pending asylum case since 2016 and still waiting for my first interview. My passport was also expired in 2016. Can u tell me if I can get my passport renewed and travel to Canada (not India) for about 2 weeks. If yes then, what should I do next.

Thanks for the Help Mr. Khanna
Dear Sir,

Thank you for your valuable service.

My EB2 485 has been pending since July 2017.
My current H1B expires end of Aug 2019
We filed for H1B extension and received RFE Aug 2019.
Current EAD/AP expires Oct 2019, renewal was applied and receipt received and pending since July 2019.

My Question on H1/H4:
1) What if we respond to the RFE and H1B is denied for some reason, can we continue to work on EAD?
2) Should we delay responding to RFE until new EAD has been received?
3) It is necessary to pursue H1-B and spouse's H4 expedition given 485 is pending?

Last we were told in InfoPass in 2018 that our file is in our field office in Fairfax/Washington
We raised service request online in July 2019 after it passed normal processing time for Washington field office
We did not get any response so after 30 days raised another service request via phone in Aug 2019.

My question on 485:
4) What are my options if we don't hear anything from this service request as well, should we ask help from the Ombudsman or Congresswomen or both? Any other option?

Thank you in advance
Follow up after 8th Aug call need more clarification.
Situation with Wife: F1 Opt until Jan 2020. H1B picked for 2019 but has RFE, RFE response due by Sept 1, 2019. Not sure when H1 will get approved.
1. My situation: 60th Day is (grace period from USCIS) Aug 30th for me to maintain H1 status. Can file for F2 bridge but not sure if F2 gets denied before H1 is approved for my wife. Then i may have to leave the country.
2. If wife's H1 post RFE gets approved will file for COS from F2 to H4.
3. In between above scenarios from above what happens to my current I797 which has a I94 end date of 10/2020?
4. Do companies and their attorneys offer Job and are they interested to file for H1 when a candidate is either on F2/H4 pending status or approved status?
5. If H1 gets approved post F2/H4 being approved/pending status, do i need to leave country for stamping and can I go to Mexico for stamping or going to home country India is per rule and a safe play?
6. If H1 gets filed/approved when H4/F2 is pending as COS, i need to send withdrawal letter but again do i need to leave the country?
My GC labor priority date is Dec 2009. Got EAD combo card (myself and spouse) for first time in 2012 and have been renewing since then. For latest renewal (approved in Jan 2019), mine got approved for 2 years and got EAD and AP combo card.
However for my spouse, USCIS issued EAD card for *1 year only* (until 01/2020) and issued a separate PAROLE paper document (I-512L) with her photo on it, and it is valid until 11/2020. Not sure if it was a mistake from USCIS , but it is the current situation.
Questions: (i). As spouse EAD expires in 6 months, we are eligible to apply for EAD renewal . Can we also file Advance parole (currently valid until 11/2020) I-131 application along with I-765 application at this time and request USCIS to consider issue an "EAD and AP Combo card" ?
(ii). If No, the only option left for us is renew EAD (I-765) now and file AP (I-131) application later when we fall with in 6 months of expiration?
(iii) Any other options?
(iv). Earlier, we did it all our self and received renewed combo cards all the time except last time for spouse. It is a different case this time, eligible to renew EAD only and not AP. Is it any possibility to get *EAD and AP combo card* hopefully valid for 2 years like earlier with adding additional info/cover letters to USCIS? Do you recommend going with an attorney?
Hi Mr. Khanna
Thanks for all the help through this service. My employment based I 140 is approved and I'm preparing to apply for I485. My first name is Ram kumar (two words with space between Ram and Kumar). Few years after moving to US, to avoid the middle name confusion, I started writing my name as Ramkumar (one word without space). My recent tax returns, most recent passport and most recent visa stamp on my passport has my name as Ramkumar (one word without space). My I 140 petition was approved under the name Ramkumar. However, my birth certificate, 10th, 12th, college transcripts (both from India and USA), old passport, old US visa stamp on passport, US driving license, SSN card all has my first name as Ram kumar (two words with a space). Could you please help on how I can address this difference in the way my name is written?
Hello Rajiv Ji, I am having an approved I-140 from current employer (This is my second approved I-140, I had one I-140 with my previous employer which is revoked now). My priority date is June 2013. I have an new offer at new employer now, they agreed to start the GC processing between 4-6 months. It may take another 2 years to get I-140 with new employer. Will there be any issues in accepting the new offer? If the current bill is approved will i get GC sooner if i stay back with current employer? Thank you for your support as always.
Hello Rajiv Sir ,
I have question about Public Charge. My parents came to united states in 2016 Based on Green card petition approval. They are taking medicaid from Maryland market place. this is the only assistance we are taking from government. technically it becomes public charge based on new definition.
how we can get citizenship for them ? will this rule apply to people who already has their green card ? how we should prepare for the consequences?

I was arrested for simple DUI in the state of CA and convicted on 06/2014. Paid fines and got 3 years probation which ended on 06/2017. Question is when does the count for GMC starts for naturalization ? is it 06/14 or 06/17?
SUB: filing I-130 for unmarried child over 21

Dear Rajiv,
Is the evidence of termination of marriage (decree of divorce) for unmarried child over 21 required at the time of filing the I-130 or at the time of the interview after the AoS is approved? Currently this category is retrogressed five years.
Please advise.
Thank you
Hello Sir,
My Perm got approved with 2010 PD and my employer applied I-140 within 180 days after the Perm approval in EB3 category. But I-140 rejected without receipt no. or RFE, saying Fee changed and apply with updated Fee. My employer applied again with new fee but 180 days period is completed by then. Also, I-140 rejected with same reason as well without any receipt no. or RFE.

My employer started gc process freshly and received approved Perm and approved I-140 with PD of 2011 under EB3 category. I am looking for my options to retain or request old PD of 2010? Please guide.

Thanks in advance
Hello Rajiv Sir,

I had 2 separate employers file for my FY2020 Cap Subject H1b. Both petitions were filed as a Change of Status, both were picked up in the lottery and both were approved (forms I-797A were issued: Change of Status - Approved for both)

One of the positions is as a statistician at a large Bank, the other is as an associate in management consulting.

Please Sir, help me figure out the following:

1. If I choose to work for the Bank and let the other company know I am not working there, is the other company required to withdraw the approved H1b or they don't have to? If they need to withdraw it, but haven't done so, would I be in violation of my H1b status if its past October 1st and I have not worked for the other company as prescribed in the corresponding I-797A?

2. Do you think it is likely that the Bank's approval gets a NOIR from USCIS because of multiple H1b filings? Have you seen USCIS revoke approved Cap Subject petitions because they were for the same beneficiary despite petitioners being different entities and jobs being completely separate?

Thank you in advance