Video recording for Community Conference Call with Attorney Rajiv S. Khanna Feb 19, 2015

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Team Member, Immigration.Com
Staff member
Rajiv 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: 12:30PM, EST
End Time: 1:30 PM, EST
CALL DATE: Mar 5, 2015
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.
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FAQ: AOS applicants using EAD
Dear Sir,

My husband applied for his I-485 (after I-140 approval) in 2007, before we got married. He has an EAD but is still on his H1B as I am currently on an H4 visa. I have not been added to his Green card application as our priority dates are Jan 2005 on EB3.

I believe I will be eligible for an EAD when the proposed USCIS initiative - "EAD for H4" becomes a rule.( I understand it is still a proposal)

My question is - When I get an EAD, will my husband be able to switch to his EAD or will he still have to maintain his H1B status?

Thank you for your time.

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Hi Rajiv,

I was wondering if having a pending I-130 provides grounds for USCIS to reject an application for extension of OPT?
My wife is here on F1 visa and I am a permanent resident. I just last week filed I-130 for her and she needs to apply for her 17 months OPT extension soon. Current OPT expires on June 31.

We were wondering that with her I-130 application pending, USCIS might argue that she no longer qualifies for the OPT extension since she's shown immigration intent.

If there is any possibility of her OPT application getting rejected, we would like to withdraw the I-130 application. Is there any harm in doing that?

Appreciate your comments.

Hi Rajiv Sir,

This case details are with regard to my sister, She is working in India for the last 10 years and their company has filed for h1b in year 2008. she got the petition approved and had stamping done in year 2008 itself. Due to family circumstances, she was not be able to come to USA when her h1b was active. She has plans to come USA and employers are willing to file h1b for her.My question, Can she be able to use her previous petition number and file her h1b any time this year or she has to apply a fresh applicant and have to go through the lottery system in the month of April.


Hi Rajiv Sir,

My question is regard to H1B stamping, I was a student and completed my MS from USA. I have my H1B valid from 2012 April to 2015 April. I also got the my stamping done and Stamping is valid till April 2015.

I got my H1b renewal approved till APR 2017, Is that ok to go to visa stamping on my new petition and return to USA without any issues incase my stamping was denied or 221g was issued on my new approval…..

In short, I want to know if I can return on my valid previous visa stamping date in case new visa stamping gets denied.


Dear Sir,

I am a green card holder who lived abroad for some years and came back to the US to live and work 1 year ago (Feb 2014). I kept my permanent resident status by returning every year (in many cases with Re Entry permits). However, being out for more than 6 months, I think I did not keep my continuous residence condition required to apply for naturalization, so I have to wait for that

Now during my stay abroad I started a relationship with a woman (from Germany) that will hopefully be my wife soon and our intention is to live together and work in the US.

My question is: what would be the best way to get her a green card ? She is now abroad: can we get married in her next visit to the US and then file a petition for her as my wife? As the process could take years, can she stay in the meantime? Can I leave the country in the meantime?

Thanks in advance,
Hello Rajiv Sir,

I have my labor cleared and I-140 cleared recently under premium processing. My employer refused to give me a soft copy of I-140. My I-797 is under extension so I am waiting to clear that and then look for a job change.

I have a email from Texas Service Center which says my I-140 is approved and it has my receipt number SRCXXXXX and priority date mentioned in it which is forwarded by my HR. Similarly also have forward email when my labor was approved with AXXXX no mentioned in the email.

So my question is is the above email sufficient for porting of I-140 or do I need to file a FOIA to get an approved I140 document.

Thanks In Advance!
Dear Rajiv,

Recently, I moved to a new employer (A) and my H1B transfer is in regular processing. For past one month, employer A stopped paying me due to unavailability of project without any prior notification however I am still an active employee. Now I got a new employer(B) who filed my visa transfer. Shall, I go ahead and place a complaint of employer A in DOL and asked to pay past dues.

Your guidance will help me .

Thanks !


New Member

I have a question regarding my wife's F1 visa stamping. She initially came to US on F2 Visa when I was on F1. We did the change of status to F1 in 2013. She's about to finish her Masters from University of Colorado. We are planning on travelling back to India after her graduation in May. She does not have a F1 visa stamp so she will need to appear for the interview. She is currently working on CPT with a fortune 250 company. She will have graduated and will be working on OPT when she goes for stamping. I am on H1B and I am planning on getting my stamping done in the same trip. We havn't travelled to India since 2009. Do you think all of these factors could result in a potential denial of F1 visa?

Thank you for your time!
Dear Rajiv Ji,
I am an Indian citizen approved I140 in EB2 with a priority date of June 2011(current priority date is Jan 2007). I am looking for new opportunities as my career growth with my current employer has stalled.
My questions are surrounding what I will loose if some kind of immigration changes happen after I leave my current employer and before the new employer begins the GC process

Listing/guessing the proposed changes
1) If persons with I-140s are allowed to change jobs, with some kind of provision of not having to go through the entire GC process again, would that still apply to me?. Will i become ineligible because i changed before the date rule comes into effect
2)If all I-140s are allowed to apply for I-485,is it likely that I cannot apply because i am no longer with the employer that filed my I-140
3)Will the H4-EAD still apply to my wife because i had an approved I-140 before.
4)Please also comment on any scenario i might have missed.

I am not opposed to sitting tight at my current place for 6 months, if you think I helps anything

Thanks for time and help
FAQ: I-485/AOS Pending, What to do if EAD Expires
Dear Rajiv,
I'm currently on an EAD, awaiting GC (prioty date Aug'09). I have filed for EAD renewal, with the USCIS notice dated 12/17/14 (76 days before current EAD expires on 3/3/15).
1) What is the current processing time & possibility of getting the renewal in time (before 3/3/15)?
2) What do you advise with regards to continued employment Vs unpaid leave of absence, if a delay in approval leads to temporary "lapse in EAD status"?
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Hi Rajiv ji,

I have lost my I-94 that was issued to me by USCIS during my last H1-B extension (Renewal).
Could you please let me know:
1. Process to get a replacement I-94 from USCIS.
2. How long (processing time) it takes to get the replacement I-94 from USCIS as my driver’s license is expiring in a month and I need to provide the I-94 to DMV for the Drivers license renewal.
Just to also inform you that I have the I-94 copy with me but the DMV is telling that they need a original I-94 for drivers license renewal and they cannot accepting I-94 copy.

Just trying to explore if there are any other ways to get the replacement I-94 as by going to a USCIS local field office and getting a replacement original I-94.

Thanks so much for your help!

Hello Rajiv ji,
I am in my 7th year of L1A and my 7 years will complete end of June 2015. Employer not sponsoring GC. If I want to continue to work in the US, Am I eligible to work for a H1B cap exempt employer (universities, research, govt institutions etc)after June 2015.

My wife is on L2 and has her I-140 approved through her employer. Her H1B petitions were not picked in the lottery. If the H4 EAD rule comes, will there be any chance for me to apply for EAD based on her I-140 approval?
Hello Rajiv ji
I am on EAD, awaiting GC (prioty date May'07) under EB-3. I want to know if I can be qualified under EB2. I have done 3 years Diploma and 1 year Post diploma (Total of 4 years). I have about 27 years of relevant work experience (19 years in Canada and USA).
Please let me know if I can apply for EB2.

Thank you so much for your help and advise.
Dear Mr.Rajiv,

I have a question related to EB1 green card processing , please help me to understand.
I worked for company A in INDIA from year 2009 to 2010 as a Project manager and had a team reporting to me
and I left that company A and came to USA in H1B Visa and joined company B in USA from year 2011 to 2013 as a consultant and Joined Company C in USA the year 2013 to 2014
Now, I am getting offer to join back in the same Company A (where i worked in India before coming to USA) in their USA operations as a Manager in year 2015.

Will I become eligible for EB1 catagory Visa If company A processes my green card ?

I worked as a manager Just before I entered into USA and had a team reporting to me after 4 years I am joining the same company in USA as a manager and I will have a team reporting to me in USA.
But, I have worked in other companies for 4 years in between 2011 to 2014 after coming to USA in H1B Visa.

Will I become eligible for EB1 catagory Visa If company A processes my green card ?

please advise.

Thank you very much
with regards


Registered Users (C)
FAQ: Permanent residency in more than one country
Hi Rajiv,

If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US?
I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit

Thanks for your help.
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Hi Rajiv,

I am on L1A and my PERM was filled in Nov-2014 for EB3. Due course, once my I-140 is approved can I apply for EAD and change job without worrying about my L1? Will my wife also get EAD along with me? Will my new employer be able to initiate EB2 processing for me?

Thanks in advance!

I have been working on H1b since Oct 2010 and before that I was on L2 1 year. According to the information I have, my H1B will expire in August 2016. I had been out of USA for a little more than a year in 2011.

My employer has just started PERM process. But I am worried about the stability of my job in the current company and looking to move. My questions are:

1. What will happen if I plan to continue with my current employer and go through PERM filing, but the company closes soon? At what point does it affect my process? Am I good if I get my I-140 filed? Or should I be at a stage where I am extending my H1B beyond 6 years?
2. If I take up a job with another company, what is the latest by which they have to start PERM process?

thanks in advance!
Hi Rajiv,
I have H1B with Employer 'A' valid till Sep 2016 and applied for H1B transfer to company 'B' which is denied and yet to receive reason for denial. My Questions are:
1) Can I go back to employer 'A' and start working as I have valid petition till 2016.
2) Moving back to Company 'A' is straight forward or do I have to apply for any amendment.
3) Can I go Out Of Country and get it stamped on Company ‘A’ petition based on company new offer letter?
What are my best options without leaving this country?

Dear Mr. Rajiv,
I am an Italian citizen married to a Spanish citizen. I am currently in the US on a H4 visa.
A Spanish company is looking to make an investment and open a company here in the US and they would be willing to sponsor me an E2 visa.

Looking on the General Qualifications of the Employee of a Treaty Investor, I found that in order to qualify for E-2 classification, the employee of a treaty investor must be the same nationality of the principal alien employer (who must have the nationality of the treaty country).

Does this rule apply to a (treaty country) EU citizen married to another EU citizen who is the same nationality of the principal alien employer?
If yes, what is the ratio behind this rule if, as italian, I can move, reside, live and work in Spain without any restriction based on European Union law?
If there is no logic ratio, could be granted an exception to this rule in this case?
Do you have any advice in order to come to a solution?

Thank you so much for your time and consideration
Congratulations as well for this amazing forum!
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