Recording for May 01, 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 15, 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

 

[T34]

FAQ: Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?

Hello Rajiv Sir,

I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?

Thank you.

FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.

Hello Mr. Khanna, I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.

When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.

I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?

For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?

NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?

FAQ: Immigration impact of prior dismissed Domestic Violence case

Hi Rajiv ji, I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?

Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.

 

[TanviJ]

Canada resident, H-4 EAD delay (NSC) - H-1B renewal, expediting, TN options

Hello Sir,

Thank you for your guidance and consultation. It has allowed us to file H4 independently.

I’m currently in Canada. It has been more than 11 months now since I applied for my H4 EAD card (Nebraska Service Center). Our case was received on May 9, 2024.

I wanted to seek your guidance regarding the below concerns:

1. My husband has filed for his H1B renewal in mid-March 2025. Will this increase any chances of rejection on my H4 EAD application as we had filled with his older H1B stamp details.
2. Once H1B is approved, can we re-apply even though this application is in pending status?
3. ⁠As per current criteria, is there a way to expedite the case by seeking legal assistance from you?
4. While we wait for H4 EAD application processing,⁠ can I apply for TN visa with a job offer in Computer Analyst position? I’m a Canadian citizen and have Diploma in IT from Canadian College.

Thank you for your support!

 

[akashappa1110]

H-4/EAD application timeline with pending I-140 & H-1B amendment

Hello Rajiv Sir,

I’m currently on an F-1 visa, and my wife is expected to receive her I-140 approval by December. I have a few quick questions regarding my transition to H-4.

Can I apply for H-4 and H-4 EAD before her I-140 is approved (e.g., in November) to save processing time?

If that’s not possible, once her I-140 is approved, can we file H-4, H-4 EAD, and her H-1B amendment together under premium processing?

Alternatively, can I travel to India after her I-140 is approved, get H-4 stamped, return to the U.S., and then apply for her H-1B amendment and my H-4 EAD together under premium processing?

What is the typical time gap between H-4 approval and H-4 EAD approval? Also, what are the current realistic processing times for both?

I understand H-4 is often approved before H-4 EAD, which can cause employment gaps — and I’m okay with that. To help reduce the gap, can we request a future effective date for the H-4 change of status? If yes, how far in the future is realistic to set it?

We’d really appreciate your guidance on the best approach to minimize any employment gap on my end.

 

[abc.xyz]

Visa appointment fee is expiring soon - Are rescheduling attempts allowed?

Hello Rajiv sir, I paid my visa appointment fees 10 months ago.. I am aware I need to book my appointment within an year of payment. Could you let me know if I have 3 attempts to change the appointment like last year or has it changed? Thanks.

 

[Biotechinboston]

H-1B stamping - One-year visa vs. waiting for I-797 renewal

Hello Rajiv Sir,
My current visa is valid till September 30th, 2025, which is from my previous employer.
My I-797A from my current company is Valid till January 28th, 2027.
I was hoping to travel to India in January 2026 to get stamped. But that means I will only get a visa for one year.
Does it make sense to wait another 6 months and have a renewed I-797A and then get stamped?
Given that I can only get Dropbox 12 months after the expiry of my Visa? Do you think this duration may be reduced even further?
Thanks

 

[tsdas]

FAQ: Port of Entry (POE) risk for a green card holder with a concurrent employment history?

Hello sir,

I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years.

But for the last year, working for only one employer.

Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?

Thanks,

 

[ns2020]

Priority date soon current - Cancer history & I-693 impact on green card

Hello Rajivji,

Thanks for your service. Your clarifications have helped me in the past as well. I am very close (less than 2 weeks) to my priority date being current.

1) I have a question about Medical I-693. Last year I was diagnosed with Stage 1 stomach cancer, which was subsequently removed. I am now free of it post-surgery. Can my past history of cancer have any adverse effect on my Green card approval? Anything that I need to be aware of when filing my I-693.

2) Would you recommend getting the medical done and submitting in anticipation of priority date getting current (in the interest of saving time) or should I wait for the RFE?

Thank you

 

[Shashank1995]

Cap-exempt H-1B, expired passport, & job change - Amendment/extension timing

Hello Rajiv Ji,

I am currently on a cap-exempt H1-B, and my initial 3-year period will end in February 2026. The H1-B petition was filed using my old passport number, which expired in January/February 2024. I renewed my passport in June 2024 but haven’t gone for my initial H1-B stamping yet. Was I required to inform my employer’s attorney about the new passport and file an amendment, or is that not necessary/too late?

Additionally, I hold two master’s degrees—an MBA and an MPH. My current H1-B was filed based on my MBA, with the title of Research Coordinator. However, I’m expected to transition into a full research (Health Policy not Lab Based) role around May/June 2025, with the new title of Research Associate I. Since my H1-B extension is expected to be filed around August 2025, would it be better to wait and include the promotion during the extension filing to avoid any risk of RFE or delay? Or would the timing not make much difference?

Lastly, if my H1-B extension is approved, would I be eligible for the pilot program for visa stamping within the U.S.?

Thank you for your continued service to the community!

 

[ravulasiva]

H-1B cap recapture after cap-exempt status & F-1/CPT

Hi Rajiv,

Hope you are doing good.

I worked for a non-profit organization under a cap-exempt H-1B and completed 5.8 years in that status, with my employment ended in October 2024. I then changed my status to F-1 for a Ph.D. program and started working in for profit company using CPT from Nov 2024. My H-1B has now been selected in the FY2026 cap-subject lottery. Since my previous H-1B was cap-exempt and I have never been counted against the H-1B cap, am I eligible for a fresh 6-year term under the cap-subject H-1B? or I only get the 4 months (reminder period)?
If I get only 4 months what are options I have. My employer has not filed my perm still; I am in the process of filing it.

Thank you.

 

[sumit88]

H-1B transfer in progress - Impact on spouse's H-4 status & EAD

Hi Rajeev ji,

I’m currently on an H1-B visa with an approved I-140, and I renewed my H1-B in September 2024. My wife was on F-1 status until March 2025, and she is now on H4 status with an H4 EAD.

I’m in the process of changing my employer, and my new job will begin in June 2025. In this case, do we need to file a new H4 or H4 EAD application for my wife due to my change of employer?

Thank you!