Video Recording for July 24 conference call

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Staff member
Recording available for the July 24 Conference Call.

Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 7, 2014

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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Registered Users (C)
Hi Rajiv,
I have applied I-485 for my Wife on July 1st.Currently she is in H1 status. She is traveling to India and also going for stamping
1) What will be the impact if for some unforeseen reason her Visa get’s denied or delayed?
2)Her company will retry and if that didn’t work then I will need to apply H-4 to bring her back to US. Will this impact her GC petition?
3)While booking the Visa stamping appointment in June, we answered “No” for “Has anyone filed an immigrant petition on your behalf…?” question; now that this fact has changed and there is no straight forward way to update the stamping application (DS-160), do you have any recommendation to keep the fact straight?


New Member
Hello Rajiv,

I have question around changing employer. I have H1B approved petition for FY15. I have soft copy of I797 from Employer A; I have not visited for Visa stamping and I am in India.

Employer B is ready to hire me and offer me better role and responsibility in same profile.
I assume Employer B will be filing new H1b petition but that will Cap Exempt;

1. Can I go for stamping via B before Oct1 2014; Or that is not advisable? Whether in such cases Visa Officer have multiple objections e.g. why i am changing employer, whether i am taking advantage of gaps in H1b etc;

2. I can wait even till end of year for stamping via Employer B and will not be stamping through Employer A till then; Is that have good chances of successful H1b Transfer and stamping via Emp B?

3. Or I should do stamping first by Emp A and then I should traveling to US; From there i should do H1B transfer after 2-3 Paystubs?

Thanks in advance.


Registered Users (C)
Hello Rajiv

I became a permanent resident via marriage to a US citizen. I am a permanent resident since March 2006. We are still married and living together. My spouse has been a US citizen since 2000.

I am in a dilemma which of the following option to pick on the N-400 as I satisfy both the following options.
1. A lawful Perm Resident for 5 years
2. US Perm resident for at-least 3 years. In addition married and living to same US citizen for past 3 years.

Option 2 requires more documentation to be provided so I as leaning towards option 1. Do you foresee any problems with my approach?

Any insights will be appreciated.



New Member
Hi Rajiv,

I have a query regarding H1 B Visa. Below is the brief detail of my case.

1. My first US visa was Business Visa (B1/B2); My B1/B2 Visa was approved in June 2010. My company X sent me on Business Visa in the same month to US. I stayed there almost for 5 months and 27 days on Business Visa from X. I came back to India on Dec 2010.

2. During this time period, my company X has applied for my H1 B Visa. It got approved and also Visa got stamped from US embassy without any issues. I go back to US in Jan 2011 on H1 B Visa from the employer X.

3. Due to some inter company takeovers, I have to change my employer to Y. My new I-797 got approved with new receipt number while i was in US. I start working for the new employer in Dec 2011.

4. I came back to India in Jan 2012 for vacations. Hence has to get my new H1 B Visa stamped from US embassy. During my Visa interview Visa officer did not approve my new Visa as they didn't find new company enough capable to hire new people. Also they have cancelled my previous H1 B and B1/B2 with a status of "Cancelled without Prejudice".

My question is, can any employer sponsor H1 B with an Exemption of Cap or It will be a new H1 B petition for my case ??
Second , If its cap exempt and new employer apply for a Visa transfer, Will previous rejection have any impact on it ??

A help will be much appreciated !!

Thank you

Yogesh Angarkar

New Member
Regarding renewal of expired EAD /AP & returning to US on different visa category
I-140 :: is Approved on April 9, 2007 (H1B)
I-485 :: is pending since October 9, 2007 (H1B)
EB3 category, Labor filing date March 20, 2005. (H1B)
I was on EAD & AP before returning to India in November 2010. Now AP has been expired in September 2011 & EAD has been expired since 2012.
I came back to USA on L1A visa category on May 2014 through a different employer.
Even though my EAD & AP have been expired for more than 2 year & now I have returned to US on different visa category, Can myself & my wife re-apply for EAD based on my approved I-140, Pending I-485 case & earlier expired EAD.

Thank You.


New Member
Hi Mr. Khanna,

Hope that you are doing great !

I have my I-140 approved with my current employer and based on that got 3 year H1 extension. So now I want change my employer. So have few questions about that.

1) I do not have the Copy of I-140 approval , I only have the receipt number. My employer is not giving me a copy. So can my new company file my GC and use old priority date without having copy of I-140 approval from my old employer?

2) Can I use my old company priority date with my new employer GC process?

3) Should I join the new employer after getting USCIS receipt or Final approval of H1?. Is there any possibility of H1-B rejection?

4) Once I join new employer, will my old employer H1-B become invalid?

Best Regards


New Member
Dear Sir,

I am in the US under H-1B visa. My child is a citizen by birth. My wife used to be on H-4, but switched to F-1 via Change-of-Status and is now working under OPT. My employer has done labor certification for me but has not yet filed I-140.

I have two questions in this regard.

1. I have an important family event in India in November and I would like to take my wife along, but I hear stories of F-1 denial based on immigration intent. Do I have a plausible case of immigration intent (child citizen, husband on H-1B with GC process started)? How risky is it for me to take my wife out of country at this time? My wife absolutely does not want to lose the employment window given by OPT because of this travel.

2. I heard on your Thursday call that H-4 work authorization may happen in August-September time frame. Does that mean my wife can apply for EAD in September (if it happens by then), or are there more steps in this process? If it is the former, can this be a 'Plan B' for me to take my family to India: if my wife's F-1 stamping is rejected, bring her back on H-4 and then apply for EAD?

I am in a quandary because I very much like to attend my family event in India, but the stakes look high too.

Thanks very much for your time.

arif k

New Member
Dear Khanna Saheb,

My daughter is coming to the US on an university MBA exchange program for 2 months (mid aug to oct 2014). She just got her F1 visa valid for 5 years multiple entry till 2019.
My questions are:
1. Does she qualify for OPT ?
2. If yes, how soon should she apply for it.
3. She will leave USA in Oct 2014 to complete her MBA program (outside USA) and graduate in Dec. 24th, 2014. In this case, is it possible to maintain her F1 status and qualify for OPT
in USA after her graduation?
Thank you very much.
Arif k
Hello Attorney Khanna,
I am currently on an H1-B, with approved I-140, EB3 priority date March 2009. I work at a major public University and have 12 years of research experience (5 publications in medium level journals). I am no longer directly involved in bench research but handle research operations, resource and space allocation and management. I am in charge of research compliance (serve as expert in federal and state regulations) for all science departments and divisions (~50 units) at the Medical Center. I am being offered a senior executive role (Director level) at the institution. Is there any possibility of EB1 eligibility?


New Member
Hello Rajiv

1) I got my first H1B visa with Company A in 2006. Came to US in Jan,2007 and worked with this employer till July 2009.

2) In July 2009, i returned back to India and joined Company B. After six months, Company B decided to apply new H1B as they decided to not to transfer my old H1B. Company B applied new H1B in April 2010, under that year cap quota. I got approved H1B in Oct 2010 and returned back to US in Jan 2011.

Now my question is will i get 6 years H1B period ( i.e Jan 2011 - Jan 2017) on my new H1B as i am out of US for more than a year and returned on new H1B with different company. Or the time spent on my old H1B is included in my total 6 year period.?

Thanks and appreciate your response


New Member
Hello Rajiv Ji

Thank you for the great community service.

Currently I-485 AOS pending since 2007 and only have EAD and Advance parole. The current AP document expires August 2 2014 and a renewal was filed on May 22 2014 while I was INSIDE USA. On June 30 , 2014 I left USA for India. The renewal is still pending decision as of now. My question is that once the AP is renewed , is it ok for it to be mailed to me or do I HAVE to travel BACK to USA before my current AP expires on August 2 , 2014.

Thank you very much for your advice.


New Member
Hello Rajiv,
I am currently in student OPT status ( Stem Extension ) which is going to end by Feb 2015. My employer has filed a H1B which got selected in lottery and got approved. I have a better offer now with another Employer . My current employer is telling me that there is a new rule from this year that I need to stick with them till a few days in October 1st 2014 and cannot transfer my H1B with new employer till then . Is that true ? Cant my new employer transfer my H1B before October 1st giving start date as October 1st ? Please do advise as it is really creating a problem for me .

Thanks in Advance!


New Member
Hi Rajiv,

I had replied to NOIR on my approved I-140 and waiting for the reply from uscis.
If god forbid my i-140 is not approved/reaffirmed then my pending i-485 will also be denied.
So what are my options.?
1. I have valid Ead till May 2015, can I still work on that?
2. Do I need to appeal or do MTR?
3. If i can stay here 180 days after the denial, can I still work this 180 days?


smita pascual

New Member
I am going to apply for my father for his green card, my problem is they need a marriage certificate which shows I was born after their wedding. I do not know what to do as he does not have a marriage certificate


New Member
Hello Rajiv,

I would appreciate your advice on the following issue.

Visa applied for – H1B (now on F1 OPT cap-gap).
Job title – Consultant at IT services company, working as a Business Analyst at the client’s location for a year. During my employment, I got trained in several systems that the client uses, and gained IT-related knowledge.
Previous work experience: Business Analyst working on software for financial analysis and accounting (Russia, 1.5 years)
Degree - MBA (US), Undergraduate in Accounting, analysis and auditing (Russia)

Current status – RFE. The USCIS has asked for further evidence to demonstrate that (1) I am qualified for a specialty occupation, and (2) I have a bachelor's degree in field closely related to Information Technology.
When applying for H1B, the company provided a job description with the list of duties and responsibilities. Specifically, it heavily focuses on the IT – related things like coding, working with mainframes etc, and at the end it also talks about business analysis.

1) Based on my qualification and experience, am I eligible for H1B?
2) Since I do not have a degree in IT can I support my ”job description” by using trainings I got on the technologies and tools that the client uses?
3) How would you suggest to approach this and reply to RFE?

Thank you!
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New Member
Hello Rajiv Ji,

My husband has an approved I-140 with his current employer who holds his H1 as well. Looks like the employer company situation is a little dicey and may end up in a closure of the company. Can we port his current green card and H1 to a new employer? He has completed 9 years on H1 and his extension is due to be filed before 9/30/14. Please advise as to the process of being able to secure the green card and H1.

Thank you!


Registered Users (C)
Hello Rajiv,
I just got my I-140 approved (EB3 to EB2 porting) with my new employer and my priority date is current.
1) Should I call USCIS and ensure my I-485 is being processed in EB2 category and not in EB3 anymore?
2) If I quit my employer before getting the GC, will I be able to use AC-21 and continue the GC in EB2 category with the new employer?


Registered Users (C)
Hi Rajiv,
We did a DOL complaint based on your suggestion and happy to say that they have ready to give it our favor (based on the facts)
But the officer told that employer is ready to pay 50% of his due immediately if I am willing to close the case. If not he wants to take it court.

Money is not important for me , but I wonder is going to cause my spouse visa status any issues later. Like why did you wife is getting paid less or something like that?
What needs to be know , before agreeing ?

Officer says, she cant force them to pay full -- is that true ? . If I don't agree for 50% should I take it to court via officer or law firms like yours ?

Typically , how long will it take to get final say from the court if we say today ? .

Does this require my wife to appear in court too ?.

Roughly what would be the fee for such cases through law firm



New Member
Hi Rajiv Ji

I have an approved I-140 with my current employer. I am plannning to move to a different company. The new company will start GC process only after 1 year of employment with them. But they are transferring my H1B based on the approved I-140. Is there any chance I will loose the priority date of the current I-140? Ex: If my current employer withdraw the H1B or I-140 after I joined the new company?

Please advice

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