Thread OPEN to Post Questions for September 19, 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: 19, September 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.
Hi Rajiv ji,

H4 status while spouse is transferring H1b and earlier company withdraws H1b. I94 is expiring soon.

I have my I94 expiring on 9/29/2019 and currently on H4 visa. My Spouse has applied for H1b and H4 along with it from Company A. He has also transferring his H1b to company B at the same time. If in future, he joins company B and my H4 is pending from his H1b application from company A, will my H4 be denied in case Company A withdraws H1b and H4 application.

If yes, what should be the option for me to take while I still have i94 which is not expired till 9/29/2019.
Your help is appreciated.
Hello Rajiv Ji,

My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD.
Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?

Appreciate your guidance

Last edited:
Hi Rajiv,

To give a quick background, I’m currently on H1B status valid till Sept, 2021. My fiance is on OPT extension valid till Feb, 2020. She is planning to take a course for 2nd Masters starting from Spring 2020 which allows her CPT from first day.
While this is her course of action, we are planning for court marriage on 10/11/2019 (i.e. next month).
Following are our concerns post court marriage:
  1. Will it become necessary for my fiance to change her visa status from OPT to H4?
  2. Will she face any issues incase she doesn't change her status to H4 (if pt.1 requires her to change) and keep it as is (i.e. OPT for now, later F1 after taking course)?
  3. Will my fiance face any issue when her employer files for H1B next year (i.e. 2020) and if it is picked in the lottery?
  4. Do I have to make any amendment in my H1B post court marriage?
  5. Will I face any issue in the future if my employer decides to file for my GC?

Looking forward to your reply. Thanks and Much Appreciated.​
Hello Rajiv Ji,

I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.
  • I have moved to my current employer in April 2019 and I have approved H1-B for 3years.
  • Now because I am changing client and location, they have filed amendment and it is currently under process.
  • I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.
  • During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
So can you please let me know, what options I have to travel back to US. Thanks for your time and guidance.
Hi Rajiv ,

I live in Mumbai. For a US-based small consulting firm(A), I got H1B visa approval and got it stamped in Mumbai consulate last year 2018. Consulate had given only for 9 months of visa. I was not able to travel due to personal constraints.

I got an offer from an Indian service company (B) and joined there they have assured US onsite position. During the end of my visa validity. Company B applied my H1 with cap-exempt (Apr 2019). But got RFE from USCIS asking the customer letter. The customer has recently moved their headquarters and not willing to allot more seats in the US premise, hence they are not giving client letter. Now my existing H1 visa got expired in Aug 2019.

Meanwhile, I got an offer from another US product company (C), looking for US position.

My question: Is there a possibility of company C file cap exempt( stamped H1 visa expired, never traveled to US).
Please advice am I still have the option to file a cap-exempt not going through lottery.

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 employers, let's call it Old Employer, is one I worked for using F-1 Practical Training. I already began work for New Employer using the remainder of my Practical Training and sent my manager from the Old Employer my resignation letter.

I noticed that my H1b petition from Old Employer shows as "Your case has been approved" on the USCIS website. It is highly likely the attorney has not requested it withdrawn (has been 2-3 weeks since my resignation letter). Would you suggest I email them and ask if they can withdraw it?

Would it consist a violation of immigration status on my behalf if they don't withdraw this before Oct 1st, or is it completely their responsibility once I have sent my resignation?

I just dont want to be in a position where I am supposed to work for Old Employer per their H1b petition, and not doing so will trigger a status violation.

Please let me know what I should do.

Thank you, Sir
Hi Rajiv,
Thank you for your help. Here is my case.

Employer A: EB3 & EB2 Filed and 140 Approved with PD: 2009
Job Change from A to B

Employer B: EB2 Filed in 2014 and retained PD: 2009
Employer B: EB3(140 +485) Filed in January 2019 and received EAD in May 2019.

Now it’s already more than 180 days after filing I-485. My company is acquired, and transaction expected to close by end of this year. My current company will be dissolved after merger. I have valid H1-B valid till 2022.

Now my questions are
  • What happened in case I get laid off?
    • Do I still need follow 60 days rule to get another job in case I need maintain my H1-B?
    • Can join with EAD and then file H1-B transfer in case I want to maintain H1-B?
  • What is the advantage of maintaining H1-B after getting EAD?
  • As my company is getting acquired, will they need to refile my H1-B or any green card related items under new company name?

Thank you
Ladol Patel
Hi Rajiv,

My partner has a scheduled J-1 visa interview next week. If approved, can a common-law partner apply for a J-2 visa? I read in a forum thread here that he should indicate my name in his DS-2019 form. So he did. However, it does not appear on the applicant copy.

We are planning to get "married" although we're not sure if it's an assurance of eligibility. Should there be a legal union? If all goes well, is there an appropriate time to apply? Will he be the one to petition once he is in the USA?

We highly appreciate your advice and God Bless.

Aristos Angeles