Video Recording for US Immigration related Community Conference Call, November 06

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VIDEO RECORDING for Nov 06 Conference Call

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: Nov 6, 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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New Member
FAQ: H-1B Visa stamping in general and in third countries like Canada
Hello Rajiv,

My H1B petition got approved through my existing employer and became effective 10/01/14 (I was on F1 OPT before). Where am I eligible to go to for doing first time H1B stamping, other than my home country (Russia) – can it be done in Canada, Mexico, or other countries? I have Masters from an American university, and over a year of working experience in the US. Also I’ve heard that starting June Canada has suspended doing first time H1B stamping, can you please provide any clarification, and also could you please advise what all options are available to me?

Thank you very much!
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Registered Users (C)
Hi Rajiv Ji,

I-94 Expiration Date with Passport Expiry Date question
  • My wife got the I-94 expiration date of Mar 2015 because her passport was expiring in Mar 2015 whereas the H4 Visa in the passport was expiring in Dec 2015.
We have applied her renewed passport at Indian Consulate and expecting it soon.
  • So once the new passport is obtained what's the best/easiest/possibly cheapest way to get I-94 extended till Dec 2015 ( which is stamped H4 Visa expiration date ) without having to go out of USA as we did not want to take any chance going out of country.
  • If we do decide to go to Mexico( though very reluctantly ) .........since we are in Southern California --is it easy to get I-94 extension done there .Any risk involved going to Mexico?

Secondly, EAD for H4 rule Question:-
  • Do we expect anything positive happening in near future.
  • I am on H1-B Visa with more than 6 yrs in USA and approved I-140. If I change job at this moment, and re-file my labor and I-140 with new employer, would by Wife be still eligible to file for EAD ( because of her H4 status, if this H4-EAD rule is cleared and passed ) even if my new I-140 from new company has not been approved yet and Old I-140 from previous company has been revoked by old employer.
Could you please let me know.


FAQ: Applying for EB-1 and average processing time
I got my PhD in science from Univ. of Delaware and currently, I am on H1B (quota) (3 years) and my spouse is also on her independent H1B (but cap excempt) (6 years ends in Oct 2015).
My job is ending soon, if I don't have a job but still need to say, I need to either get a green card or go on H4.
My questions are:
1) If I move to H4, then if I find a job, can my previous H1B be transferred to the new job or do they need to file a new H1B (I mean file in April and work from October)
2)If I am on H4, can I file for green card under EB1A
3) What is the average time to get EB1A approved?
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FAQ: Discrepancies in or incorrect date of birth information
Currently my I-140 is approved and now for the 485 i need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school , college , passport and in all US records it is in correct . It started with wrong DOB in 10 th certificate which was used in college > passport and finally all US docs. Now i went through all the channels and found the ways to change in passport and in all US docs. Question is what legal problems i should be prepared for and how it impacts my US records once it is changed. I m in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time .

Really appreciate you taking out time for this kind of questions.

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FAQ: Change of employers, applying H-1B Visa
Hello Mr Khanna,
I have a valid I94 with 'admit by' date as : 2015 April 10 with my previous employer. I got converted to Full Time with the same client I was working as a contractor before. I have my new H1B I797, I am planning to travel to India in the next month and get my new visa stamped. Am I eligible to go for stamping while my existing stamping is valid till March 31st 2015.

Employer A Client B - H1B Stamping Valid till March 31st 2015
Employer B - same as ClientB - New I-797 valid thru May 2017

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Dexter 10

Registered Users (C)
Hello Mr. Khanna, I am on a J2 dependent visa with HRR of 2 years (Canadian citizen). Spouse is a physician graduating June 2015. He will get a waiver and change to H1 and I will change to H4. At present I have EAD on J2. However, once the J1 training is over, June 2015, I loose the EAD. Can a J2 change to other working visa or have to change to H4 when J1 gets waiver and moves to H1. Also, once on H4 can I change to other work visa. I believe USCIS (as per a memo dated June 2014 on their website) does not allow change of status to any visa from J2 or H4 till 3 year waiver job is complete. Basically any hope for a spouse on J2 to get work authorization visa (TN/H1/investor visa) for business or job before the 3 year waiver is complete.

Many thanks for your time and really appreciate your good work.


Hello Rajiv ji,
I have completed my 6 years on H1 on 8/25/14; I had applied for labor certification (GC) on 11/15/2013 and have still not received a decision. There was an audit query in May 2014 and the same has been responded to -we are still waiting for a decision on my LC. I was given to understand that come 11/15/2014 as it would be 1 year since LC was applied we can file some kind of an appeal so I can get my H1 again till my LC is approved and I can apply for I140.
Can you please advise regarding this and what can be done to ge my H1 again? Thanks much in advance!
Hello Rajiv ji,

1) Am I eligible for CAP Exempt H1B visa (as on Oct 2014) based on following information?
2) Is it true that any company can file my H1b visa?

Currently in India. I was holding a H1B Visa, which was filed by company A (my old employer)
H1B Visa Issue: 06Dec2006
Years in US on H1B = 11 Month (5 Jan 2007 to 10 Nov 2007)

After 10 Nov 2007, I am employed with company B followed by C and working in India
I hold a Valid B1 visa and have made only business trips to US on B1 Visa for company B and C.

Its very confusing when lot of blogs talk about additional rules
a) held a valid h1b in last six years (which means cap exempt is applicable only within six years from expiry date)
b) have not stayed out of US for more than a full year.

Thanks and Best Regards
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Hi Rajiv,
I have 15 yrs education and 10 yrs of experience. I have filed my GC in EB3 ( 2004 priority) and want to change it to EB2. Right now I m doing my masters(2 yrs) from India through open University which I will complete in June 2015.
With my masters i will be eligible for EB2 ( 15+ 2= 17 yrs education is equivalent to US Bachelors + 5 yrs work experience). Can I file my EB2 labor in Jan 2015 which normally takes 6 months and be ready to file my I-140 & port it to EB2, in July/Aug 2015 with my new masters certificate?
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FAQ: Applying for nonimmigrant visa (B, E, F, G, H, J, L, O, P while green card is pending - Dual Intent)
Hi Rajeev,

I am planning on sponsoring my brother under I-130. I have three questions in regards to this:

1. Can he apply for a student visa (F1) once the I130 has been filled?

2. Can he apply for H1 or L1?

Thank you.
Appreciate your help.
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FAQ: Withdrawal of application for admission at the airport under INA 212(a) (7)(A) (i)(I) & 235(b)(1)
Hi Rajiv Sir,

Iam a Indian National Married to A US PR holder
She has cleared her N400 Interview .
I have been last year Denied Admission (deported) from Airport after me
being initially on Student (F1) Visa & then on H1B (61/2 years previously)
with Citations : 212(a) (7)(A) (i)(I) &
235(b) (1) .

The questions I have for you are :

Q) Do I have any 3 yr, 5 Yr or 10 yr ban on my entrance to USA ?
Q) Do I need any waiver like I-212 or anything else for my future entry to USA ?

My I-130 had been approved and I believe I can upgrade my I-130 by my Spouse
sending her Naturalization Certificate & her passport copy to NVC(Kentucky)

Q) Do you think I might have difficulties while facing this changed IR-1 Category Visa Interview and any other problems at the Port of Entry ?

Q) What timeframe does NVC take to notify the Consulate & Can it be Hyderabad,India ?
& Overall how much time will it take for me to get the Visa or the Conditional Green Card

Your Help is Greatly Appreciated !


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Staff member

I am writing on behalf of a friend of mine. She had to travel back to India
after her husband expired in an accident in US. She was a green card holder
and has 2 kids who are US citizens. While in India, she wasnt aware of the
procedures to retain her GC. She intended to return back to US while the
older child was in high school, which was this year (2015). Around 4 years
back, she wanted to visit US with the kids to make arrangements for the
return back here this year. When they went to the consulate in India to
obtain the re-entry documents, she was forced into surrendering her GC by an
official there. He scared her that she could go into jail for not following
the right procedures to retain her GC while in India. She (being very timid
and scared), agreed to surrender her GC and came here on a visitor visa. The
family is now back here for the kids education. She is on B1 and have to go
through the hastles of travelling out of country every 6 months leaving the
kids here and the unsureity of whether rentry will be allowed on B1. Is there
any way she could get her GC back?

If you think this is a viable, please let me know the formalities and your
Hi Rajiv,

I have completed my MS from the US and currently on H1B visa. My company recently started my GC / PERM process and sends me the questioner to fill up. When I came first time in the US on student visa in Aug 2006, I filled up DS156, 157 and 158 and by mistake in the work experience column I show only one company’s experience for 5 years but in the reality I use to work with 2 different companies as below:

· I show Company A experience from 2001-2006
· But I use to work for company A from 2001-2002 then for company B from 2002-2004 and again for company A from 2004-2006

1) Does it create any issue if I will show my accurate work experience this time in GC/PERM process?
2) What are my alternatives?

Thank you very much,
Re-issue Indian passport to Status-less immigrant?

I had applied for asylum about 20 years ago & got issued the EAD, DL, SS, etc... got re-issued Indian passport from consulate in SFO about 10 years (2nd re-issuance in SFO) ago without any problems... then I abandoned my asylum case & now I do not have any status (status-less) ... it is time again to apply to re-issue after another 10 years... I heard SFO will not re-issue me passport since I had applied for asylum... is that true? Can i apply as "status-less"? It is kind of humiliating & kind of VERY DIFFICULT to find 2 (TWO) GC holders with valid Indian passports who will vouch for somebody illegal before Indian consulate, will go to a notary public & notarize the GC, Indian passport & a statement. Can you help me with re-issuance of my Indian passport? Or, can you give me some insight in this matter?
Hi Rajiv,

I am currently working for company A on H1 and I need to get my visa stamped if I go to india. I have questions on three topics - H1, H4 EAD and I140 portability. Please look at each question independently.
1. I got an offer from Company B and they will start my H1 transfer process next week. I am going to India in December, continue to work for company A after I return to US and then join company B somewhere in January. During my stamping I may or may not have I797 from company B. Since I will be getting my visa stamped for company A, will it be a problem. Do I have to disclose about my other I797 to the consulate? Once I enter US with company A's I 797 in December, can I later work for company B in January?
2. Once the H4 EAD rule is in place, and my spouse gets EAD with my approved I140 then I change employer. Suppose my previous employer withdraws the I140 before I get my new I140 approved with the new employer, is the H4 EAD valid during that period?
3. PD can be carried forward when we change employer and even when the old employer withdraws I140. Does it have to be a same or similar job for my PD to be retained?

FAQ: Filing amendment for a pending H-1B petition
Hello Rajiv,

My wife came to US on H4 initially and applied for H1B. She has got RFE asking for more project details. She got one job offer meanwhile and her employer replied for RFE also filed separate Amendment petition with new job offer details, We have got approval for H1B without I94 details, shall we expect I94 once the Amendment process is approved.

Thanks for your help
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Hello Mr. Khanna,

This is to ask you some suggestions regarding by pending OPT application. I graduated in May 2014 from University of Louisiana. I applied online (not by mail) for OPT on 9th April 2014 and I received receipt in month of April that they received my online application. On 31st july, I received USCIS denial notice saying that my biometric was being scheduled on 9th May 2014 and since I did not attend or respond to this notice, my application is being denied. This notice was received by me on 31st July. Point to be noted here is , I never received any biometric appointment notice and after my application till I receive the denial notice (3 months), I have been contacting USCIS regarding the biometrics whether it is scheduled or not, but USCIS always answered me "No, they cannot see anything like that". In fact, when asked about details of that appointment notice, USCIS replied me back that a notice was being sent on 10th April 2014. So I checked if I received any mails from USCIS dated 10th April 2014 and it turns out to be application payment receipt mail and not the appointment notice. This seems to be some administrative error . In fact, after denial notice I called USCIS Immigration officer and narrated them the whole story. They checked their system and even they admitted this error. Its like I am being punished for the mistake that I have not committed.

Motion to Re-open (Currently processing)
In denial notice, they have provided me the rights to Motion to re-open the case with new evidences. I applied Motion to re-open on August 19th 2014 paying 630$ and I received it receipt with a new receipt number assigned . On trying to check my online case status of Motion to re-open ( with new receipt number assigned ), I find that it is in "initial review" since August 2014 till date (3rd Nov 2014). When I try to contact them , they say that I have to wait till it completes 90 days of processing. It is been already 6 months applying for OPT card and still I am waiting for my OPT card. I already have a job offer awaiting.

Do you have any suggestion regarding this ?
FAQ: Immigration impact of crimes, misdemeanor conviction, petty offense exception
Hello Mr. Khanna,

In 2008 while I was working in gas station I was caught selling alcohol to minor. I was in student visa at that time and was getting paid in cash. This was unauthorized work.
I was not arrested but went to the court and the final verdict of case came to attempt to sell alcohol to minor which falls into misdemeanor C. Right now I am in h1b and I have filed my green card through my employment. My Labor and I 140 is approved and waiting for my PD date to be current to apply I 485. So what are my chances to get I 485 approved having that case in my past?

I have got mixed answers from the attorneys I have contacted so far. Some said I should be fine and some said if USCIS ask about my work authorization at that time then my petition will be denied due to violating my F1 status.

Please let me know what do you think will USCIS go futher to ask that since you are selling alcohol on F-1, then you must have violated immigration law by being employed without work authorization?

Thank you,
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Hello, Rajeev sir

I was on L-1B from Dec 2007 to Sep 2012 and
On L-1A from Oct 2012 to Mar 2014. That I stayed more than 6 years.

I had one H-1B with different company that was valid from Oct 2012 to Dec 2013 which I never joined that company or never used the H-1b. Because my L1 company applied for L-1A and then continued there until March 2014.

I visited India for three weeks in April 2014 and came back to usa on H4 visa using my wife's H-1B and continuing on H4 till now.

Can I use my old expired H-1B,
If I stay out of usa for one year? Or if some company files for my green card and completes my I-140 in usa without leaving usa?

Thank you,
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