Video Recording for US Immigration Community Conference Call with Attorney Rajiv Khanna Nov 20, 2014

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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
NEXT CALL DATE: Dec 4, 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 became a LPR on June 2009 and departed 3 months later for 9 month of absence. Second visit, I was physically present for 7 months and again absent for 11 months.

During my second absence, I continued to pay rent half of the duration, until my lease ended. I also got admitted to Master's program during my second absence, which I started immediately after my 3rd visit. I had not applied for re-entry permit and had not filed taxes in that year, since I was gone for the whole tax year. I had not worked anywhere.

I have a copy of my lease agreement and admission letter to Master's program. I also had a bank account which I was maintaining during my absence (paying necessary fees).

Are these documents strong enough to support that I never intended to leave the U.S.?

Thanks for your advice,


New Member
Hi Rajiv,

Appreciate your service to the community. I am a full time employee at a Tech company with HQ in the US. My employer sent me to a client, also a US company in an other state. During this time my employer filed my H1B Visa in April. I moved to HQ after the client work was complete and we received an RFE. We sent a reply to the RFE for which the USCIS has not yet given a verdict. The website says it received the RFE reply in first week of August. The normal 60 days passed and when we asked for an update early October due to delay outside normal processing time, they sent us a reply to our form stating a response in 45 days is expected of them. The 45 day mark is also a few days away, what do I do? I was on F1 OPT STEM with H1B Visa expected to start 2014 Oct 1st on-wards.

Thanks for your time.
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Hi Rajiv ,

I have run into trouble by petty larceny conviction in VA (Misdemeanor) and its the only record I have nothing else , I am on H1b and I came here as student(F1) and finished my master.I have been convicted even though it was not my fault anyways ,my questions is how is it going to effect me while I am going to apply for Green card and H1b extension ? My girlfriend who is US citizen ,she and I are going to have a baby soon ,if I get kicked out of country I cannot support my child ,is there anyway I could stay until I get green card or will I be deported ?

Thank you for your Service and Time.
Dear Mr Rajiv,

First of all thanks for your generous service.

I got my GC (Employment) in October 2012 and I was in US most of the time except couple of short visits(1 month each) outside of US after getting GC and I am planning to go out side of US next year for long period(1+years(less than 2 years)) to take care of some family responsibilities, after completion of my total stay period of 30 months(2.5 years) in US under LPR.I am planning to file for reentry permit(I 131) to return back to US.

I would like to Preserve my Residence for Naturalization Purposes and want to file citizenship after coming back at the end of 5 year period,without starting from the beginning. As per my understanding Iam not eligible to file Form N 470,because I am going out on personal purpose not on employment purpose. Is there any other option to Preserve my Residence for Naturalization Purposes?

Is there any better option to preserver my residency for naturalization?

My Stay outside of US need not to be continous.I can comeback to US in between for short periods.
I am thinking of couple of short visits within each year for the remaining period(2.5yrs) of 5 years and that helps me to preserve my residency status.What are your thoughts on this?

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Hi Rajivji,

I have following two questions:
1. I have an EB3 - 140 (Priority Date Oct - 2011) approved with my previous company (Joined Dec 2004 in india and transferred to US on L1 in Dec 2010 and converted to H1B in 2011) for the role "Software Engineer" having US equivalent bachelors degree and more than 5 years experience at the time of filing. Recently in 2014, I moved to a different company for the role of Project Manager having total 9 years of experience. Can my new company file the Green Card in EB2 Category by retaining my old priority date (oct 2011)?

2. Being on H1B and filing for Green Card. Is it legal to invest in stocks like opening a trading account and buy stocks as investments or sell when u want? Is there any risks or limitations in term for H1B and Green Card?

Thanks for your help
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Hi Rajiv ji,

I lost my Indian passport last year in Toronto. It had the US B2 Visa. The Indian Consulate in Toronto helped me in getting the new passport after completing all the formalities(in 45 days). I got the US B2 visa re-issued on the new passport. However when i was travelling to US , I came to know that my new passport is being highlighted as the "lost one" in the US immigration records. The Buffalo immigration officers advised me to get it corrected though they admitted that it is their mistake. They are of the opinion that every time I enter US, there will be a long scrutiny due to the wrong entry. Since I did not had much time to stay in Toronto, I tried to contact US Consulate in Hyderabad after landing in India. They in turn asked me to contact US CBP.
When contacted CBP, they responded stating that 'Your error cannot be fixed via this on-line forum. You must either call and/or visit the Deferred Inspection Office to correct your I-94 record."

Could you please advise on how to get it corrected?

Hello Rajivji,

Thank you for helping out as always.

I am currently on H4 expiring on 30 Nov,2014 and I have applied for extension last month and received the receipt.
I am going to India coming December and have few questions:

1. Do I need to wait for the approval of the H4 Extension? I believe I can travel and then get stamped/approval and enter back into the country. Is that right?

2. The US embassy in India has changed and introduced a "drop box/interview waiver " process and my husband falls into that category. Also, my husband's H1B extension has been approved.
Do you think I can also opt for the drop box submission along with his stamping as his dependent as I am also extending my H4 status. The only suspicion I have is that I don't have H4 visa stamped on my passport as I have entered into country while working and have H1B stamped in 2012.

Thanks much for your help.
Hello Rajivji,

Appreciate for your community help to people who need it.
I came USA in 2008, since then I am on student visa. Now I graduated and I have master's degree hear as well. Then I get extended students visa until 2015. Then I got job in august 2014 in City bank. In this job they were not going to do my H1 so I had changed my employer and i have two(2) REF and then they approve my H1. Now I am a H1 Visa holder since October 1 2014.

Now I am going for court marriage with us citizens girl in end of this month and also start preparing to put file for GC in Dec first week. Now I want to go India in Jan 2015.

Does that affect my H1 if I get court marriage?

How long it takes to get my GC if am putting file in first week of Dec 2014?

Now can I still travel on my H1 visa while I had already file for GC?

Can I eligible to come back USA in 3 to 4 weeks with no issues on port?

Do I need to stamped my H1 in India for staying in India and do they will approve my H1 stamp?
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Hello Rajiv ji,

I got my I-140 approved (EB2) and currently working on collecting the documents for I-485. I noticed that the marriage certificate if one of the documents required. Unfortunately, our marriage was not registered in India - the only document we have is a certificate from the temple where the marriage was performed. Please advise if there are alternate documents that we can furnish for I-485 process.

Thank You,

Sarbjeet Singh
Hello Rajiv

I'm a dv lottery winner (dv2013), I have been LPR in the U.S since January 2014. My problem is that i left US almost 9 months ago,

Am i going to experience problems at POE when I came back at the end of this year?

Thank you
Hi Rajiv,
Thank you for all the help you do for the community. I graduated in 2013 and couldn't find a job and had to get into another degree program to keep my visa (F-1) status in shape. I see President's intentions to help undocumented immigrants and parents of citizen children on his agenda but my question is about people who are on F-1 , F-2 and have children born in USA , Do they have the opportunity to get a work permit or you don't see anything for them in these reforms 2014?
Hi Rajiv Ji,

My Wife who was a LPR has now become a US Citizen. My I-130 was already approved and now we are planning to Upgrade our Petition from F2A to IR-1.
I have the following questions for you

1) Is it necessary or recommended for my wife to accompany me for the changed IR-1 interview or at the Port of Entry as I had my admission withdrawn on H1b last year

after being in USA for 61/2 years (Initially on F1 & then on H1b )?

2) Can she travel to india in the next 2-3 months or is there any issue of domicile?

3) Can she apply for Passport in expedited processing (for expedited processing , does she have to provide some travel plans ,etc)

4) As there is no mention of which Consulate/Embassy will NVC notify in I-130, then which Consulate/Embassy gets Notification after Processing is complete as I am from Hyderabad,India?
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Hi Rajiv ji,

Question on Aging out child.

I have EB3 approved I-140 with 2008 as my priority date.
My son is getting 21 years by this December 21.
(EB3 - Labor filed: April 21, 2008. Labor approved: June 24, 2008. I-140 receipt dt: July 29, 2008. I-140 approved: January 23, 2009).
Recently in June 2014 my employer applied another new Labor in EB2 category and waiting for approval.

My question can my son be protected by CSPA and can I able to file I-485 if dates become current anytime before July 29, 2015?

Hello Rajiv,

I am currently on my H1-B visa( since 2012).I was arrested for driving with suspended license in 2009 and was charged with a class A misdemeanor. My fingerprints were taken after the arrest and I came out after paying the bond.I went to the court and the case was dismissed with no conviction.I have the certified court dispositions for the case and also the original arrest charge.

The arrest has caused me issues in the past when I went for my visa interview in India last year. I was asked for additional documentation(221G) and on submitting the above certified dispositions I was issued a visa.I was detained at the port of entry when I was coming back to the US. I was eventually cleared after showing my court dispositions and arrest report.

I will be traveling overseas again next month (no visa interview this time)
My concern is that I would be detained again at the port of entry(this time a different port of entry).

What should I be doing to avoid getting detained this time? - like expunging court records, fingerprint records(if possible) unless these are removed from records automatically after certain time.
Also does getting my court records expunged help in this scenario?
How would this affect my future visa stampings and Green Card processing. If it does what should be done about it?



Registered Users (C)
FAQ: Cross Chargeability
I am working on H1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India.

My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules.

QUES 1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS ? If yes, does USCIS generally approves or denies such I-485 petitions filed on the basis of cross chargeability rules?

QUES 2: Is there any reason due to which I and my wife would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)?

QUES 3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth?

Ques 4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen) , How long (approximately) after filing I-485 would it take to get the green card.
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Registered Users (C)
FAQ: Unpaid leave on H-1
Hello Rajiv,
I have a question on the unpaid leaves when outside USA while on H1.

I am on H1 and recently went india for stamping which was completed without any problem.

I had paid vacation of 2 weeks, which I had already used and stayed in india for a month which are not going to be paid.

My employer is saying these will be unpaid leaves and won't be running paychecks for these leaves. And is mentioning that this won't be a problem in future as this is legal.

I want to take legal opinion from you regarding what the law says in the above situation.

1. If I am out of US on unpaid leaves and won't get paid, will there be any issues on my H1 status in future for transfer or GC?
2. If due to unpaid leave, w2 is less than the LCA, will it be a problem? If yes, what documentation we can show to USCIS to clarify to them why its less?
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FAQ: H-1 Visa Stamping
Hello Rajiv,

I came to US in Jan 2012 on L2 and started working in US from April 2012 on EAD. I got my H1B in Feb 2014 and since then working with my current employer.
I want to go to India but have inhibitions if I’ll get my visa stamping on return. I also want to explore all the possibilities and looking for answers for different scenarios:
1. Is it possible to get visa stamping on the basis of Vendor letter or Client letter is must ?
2. In what all scenarios visa stamping is rejected from India?
3. What if my visa is rejected from India. What are the possibilities of coming back on H4 as my
husband is still here on H1B petition.
4. How can I work again with my vendor. Do I need to apply for H1B again. Is it Cap exempted or
I’ve to go through the regular H1B process.
5. I’ve also applied for I-140 (GC). What will happen to my application if my Visa is rejected from India
and I come back on H4.
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Hello Rajiv,

I have filed multiple H1B petitions through two different companies and both my applications got approved. I have withdrawn my second application after it is approved. Both companies have common president even they are operated different with separate tax returns. Both companies are located on same street but different Suite numbers. I received NOIR (Notice of Intend to Revoke) last week to prove both companies are different. The following is what i received in NOIR

In addition, both petitions include the following documents that are identical and/or copied Verbatim:

Identical petitioner locations ( different Suite numbers)

Identical position title , salary.

validity dates and offsite work location.

Identical petitioner letters including company background., job description and qualifications for beneficiary

Identical end client letter

Identical letter and Statement of Work by Company X the beneficiary will work at client location

Similar contracts between Company A , vendor and Company B: Verbatim employee benefits package presentation; and Identical Employer Employee Relationship Process

what is the possibility of resolving this issue ?

What is the alternative if my current H1B is denied ? Can i change the employer at this time ?

Can i re open the case if the application is denied ?

what are the supporting documents i can present from my client ? Please suggest.
Hi Rajivji,

Additional Info on #6, I took an promotion with previous company in 2013 from Software Engineer to Sr. Software Engineer. Does this make any difference?

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