Video Recording for US Immigration related Community Conference Call, October 02

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Staff member
VIDEO RECORDING for OCT 2 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: October 2, 2014
NEXT CALL ON October 16, 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
Hello, sir.

I'm from one of the countries that has a VWP with the United States. In 2003, I was convicted of possession of child pornography, but I wasn't given a jail sentence. Since then, I've never attempted to visit the United States again, and I'm hoping to attempt a visit later this year.

I've been looking this up, and I'm getting some conflicting information. According to Section 212(a)(2)(A)(i), "a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or of the Immigration and Nationality Act" would render me inadmissible.

However, there's an exception clause in 212(a)(2)(A)(ii) that says: (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Where does this leave me? Can I apply for the VWP, or do I need to get a visa? Can I even enter the United States again? Thank you for your time.


New Member
My question is regarding the 90 days early filling for citizenship. I received my green card in 2007 through my spouse. I did not apply after three years for citizenship (i.e., in 2010) because I did not have enough a total of 18 months in the US between 2007 and 2010. However, in January 2015 I will have accumulated 18 months in the US in the last three years. My question is do I qualify to file early (90 days before the January date, i.e., October of 2014) or I qualify for early filing only if I had met the 18 month requirements back in 2010, which is the three years after the green card was issued?


New Member
Their is any way to know the personal details of my file number if h1 B .
file number i took from my consultancy but i want know name and other details of that file number.


New Member
Hello, I have been a Green Card holder for over 5 years now, and am now looking to apply for my citizenship. I have filed tax returns for all years on time except 2012. I just filed my 2012 tax returns a week ago... so up until now, 2012 was not filed but it is now filed late. Question 7A on the citizenship application form N-400 is "Have you ever not filed a Federal, State, or local tax return since you became a Permanent Resident?". I'm considering answering this question with "No". Do you believe this question requires any special or additional addressing of my late filing? Technically I have filed all my returns but the tax returns for 2012 were just filed late. So do you think answering this question with "No" would be perceived as misleading or misrepresenting what happened? If I do not need to mention the late filing, I do not want to bring it up and raise any unnecessary flags. But if you think I should mention the late filing, do you think that will be a problem and have them question my moral character? And is a tax filing even considered late if I filed an extension for that year AND/OR if I did not owe any taxes that year but actually have a refund coming my way. As FYI if it matters any, I filed 2012 so late because I got divorced in 2012 and have a business, which complicated the filing a bit, but as I said nevertheless I did not owe any taxes for that year. I was just late filing. Thanks again for your attention to this question and I'll look forward to learning what your thoughts are on it. Any experience with cases related to question 7 of the N-400 application or other similar situations would be very helpful.


New Member
I am currently working on my OPT which is expiring early June 2015. My employer will be filing H1B for me on 1st April 2015. And my husband will file my greencard in January 2015. Below are my concerns:

1. Can I continue working after my OPT expires (June-Sept) if my H1B is selected and approved?

2. I am planning to have a back up I-20 to continue my F1 if H1B is not selected/approved. Can I continue working until my OPT expires even if I have a different college (new) I 20, for fall semester?

3. Can I stay in US after OPT expires, between June - August, considering H1B is not selected/approved, until Fall semester starts?

4. Will my greencard application be a problem in H1B approval? Or shall we not apply for greencard until H1B is cleared?

Thank you.

Millan Alonso

New Member
FAQ AC21 for EB-1C

Hi there,

I am on an approved i-140 and my i-485 has been pending since march 3rd. I also have advanced parole and EAD. My original visa was L1 and I also have a h1b status approved, but not been used.

I have been laid off and but I am officially a company employee until November 17th.

Is there anything I need to do to ensure my process is not wasted?

can I leave the country and come back before November 17th?

Can they ask for a prof of employment at this time?

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New Member
H1 B after 6 years
I got H1 transfer to EMPLOYER A, in Apr 2012 during 5th year of H1B. My 6 years would have completed by 2013 March. But EMPLOYER A had applied for H1 B with 3 years extension by mistake. It was supposed to be applied only for about an year. But unknowingly they have applied for 3 years until Feb 2015. H1 got approved and I went to stamping in Canada and stamping is also done. Now I have visa until 2015 Feb. Not to overstay I returned to India in Feb 2013.
EMPLOYER A had applied for labor in Dec 2012. The status is still showing as in process even today. No progress here.

My questions are,
EMPLOYER B is willing to transfer my H1 and start a fresh GC processing. Is this possible.

I have stayed in India for over an year now. Can I come now on current visa which is until Feb 2015. ( My 1 year out of country stay will be completed)
Can I transfer my H1 to EMPLOYER B and get new 6 years H1 term.



New Member

Concurrent H1B

I am working for company X as a full time employee on H1B visa. They have filed my green card and my I-140 has been improved. Company Y to hire me as a part time on W2 but I need to work as and when required. So sometime I have to work 20-3- hours in a week and sometime, I will not have work for months. I can work from home too during off hours. Company Y is going to file concurrent H1B. I have few questions regarding my visa:

1) Will it affect my current full time H1B with Company X

2) Will it affect my green card process

3) is it ok if I don't work for months for company Y without affecting Company Y's H1B

4) If I get new I-94 through company Y, will it affect my current status?

5) Will company X know about H1B filed by Company Y?
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New Member
HI Sir,

My Baby girl has very rare genatic disorder, Only in US treatment is available and my baby is US citizen. one of the Congressman is helping to submit a private bill in house , as of now i am on H1B and my wife is on H4, am i lose H1B status once congresssman submit the bill in house?, if yes, what will be visa status of mine and my wife?

Vijay Reddy


New Member
hello Sir

I am on h1B working for a company X, I cannot leave the company X till rest of H1B and I get green Card. I will continue to work for company X for another 10 years, I want to start abusiness like IT Firm, can I partner with other people and open an IT Firm on partnership, I will not work for the new IT Firm but want to own the partnership of the company and gain profits from the company, If I do so will I have any kind of problem during my Green Card Process or will have any kind of legal issues, Please advise accordingly as there has lot of confusion online in this grey area, if I can open a company what kind of company can I open witn partnership with others
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Anil S

New Member
Current Topic: Immigration Action By President and Immigration Law Reform

Namaskar Rajiv Ji,

Please share your thoughts on below -

Impact of Executive Actions (Promised by President Obama in November after elections) on Green Card EB-2 Category
1. What he can do ?
- Don't count spouses, children under green card quota ?
- Add unused green cards of previous years in to current quota ?
2. What he can't do ?

How you see future of immigration bills ( which can
(a) Eliminate Country Quota for Employment based Visas
(b) Remove green card backlogs for EB-2 and EB-3

If Republicans achieve majority on both houses in 4th Nov election, What will be their strategy
- Deadlock with Obama on all immigration related bills until 2016 president elections
- Pass small bills related to legal immigration like H1B, Green Cards
I personally believes in passing small bills (For STEM) so that they don't get stuck due to bills for illegal immigrant.

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Anil S

New Member
FAQ H-1B visa holder buying a home

Rajiv Ji,

Can H1B visa holder buy residential property (House, Flat) in US ?
Do the cost of home loan is more for H1B holder than green card holder ?

If yes, What will happen if you are fired on H1B and you have to leave USA ?
Can we manage our house using some property manager or firm ?

Do USCIS approves B-1\B-2 visa in the name of selling\taking care of property ?

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New Member
Rajiv Ji,

Below are my educational details:
BS (3 year in chemistry-India)
MBA (2 years in marketing-India)
MS (2 years Technology Management-USA)

For the green card process if requirement says BS+5 or MS+3 required and I would like to consider my self for the MS+3 years category. Can I claim experience gained in India after my BS and my MBA for the labor filing or I can only consider experience gained after my Master degree?

Thank you,
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New Member
Hi Sir,
I am on AOS (Adjustment of status) with priority date of Jul 2006 in the EB3 category. I still have my H1B valid and working on H1B with company A in Virginia.
Recently, as part of cost savings, my company made many positions including mine as a teleworker position.

My question is on Telecommute effect on H1B and GC.
  1. Will my job conversion to teleworker have any effect of my current GC or H1B process? Do I need to file labor or anything for GC and/or H1B?
  2. Since I am teleworking, I have spoken to my manager and decided to move a different state, which is more than 100+miles from my current residence. Does this have any effect of GC or H1B? Do I need to file for anything?
  3. I am not sure if my company will bear the additional immigration expenses, if any, due to teleworking or moving. So, how critical are the additional filings, if any, for my GC or H1B process?

Joseph Wein

New Member
Dear Dr. Khanna:

We would be very pleased if you
provide guidance about the following scenario.

A family member, who is a green card holder, has committed fraud by
applying for benefits from the Social Security Administration and
Medicaid Programs using false claims. This person also
committed perjury while filling up the forms and attempting to
cover his/her tracks during the fraud investigation.

This person may have filled for naturalization without
disclosing his/her crime which was done prior to his/her
application for naturalization.


(1) Is this person still eligible to keep his/her current naturalization

(2) Is this person still eligible to apply for naturalization?

Please provide guidance or clarify which federal regulations apply on this


Ayan Kole

New Member
Hi Rajiv,

I had posted earlier on your forum. I have an additional question for you. I am on a valid and stamped H1B work permit visa and I would have to go to India in December and then I would return to work for the same company. My wife is planning to sponsor my green card through marriage and I was wondering whether I should wait till I return from India and then file or file it now.

I was looking up Advance Parole I-131 document and in its instructions I find that if I have a valid H1B visa and plan to continue working for the same company who has sponsored the visa, I do not need Advance Parole and my wife could go ahead and file I130 and I-485 for me now and I could still travel on my work visa and my green card processing would be maintained.

Could you please advice whether in such a situation she can proceed and file for my green card now and I can travel in December without any issues.

Thank you so much for your help.




New Member
Hi Rajiv,

Hope you are doing well. First I wanted to thank you for the wonderful & fantastic job you have been doing running these forums and conf calls. It's very helpful for people like us with many questions.

I was planning on taking a 1-1 consultation with you on this however you had mentioned last year that I should try to first use the conf call to discuss such questions/concerns. I had actually consulted with you on this specific case last year also and took necessary actions as advised by you however unfortunately I am still stuck in the same situation as before.

Just to give you a brief summary:
Priority Date April 2008 - 485 Filed in Jan 2012.
2012 - No Activity at all- Dates Retrogress !
2013 - USCIS 'Extended Review'/Congressman 'Under Review' - Followup Inquiry 'background pending' / Infopass - Under Review - Dates Retrogress !
2014 - USCIS 'Active Review should hear back 60 days' - 80 days passed - another SR opened. No response to Congressman this year inspite of 3 followup enquiry placed by them. Also no response from Ombudsman at all initiated in July.

I have tried everything possible for followups (unless I am missing something).
It’s been almost 2.5 years since I filed 485 and no updates at all. I reached out to my existing lawyer (in California) and he says only option is ‘Writ of Madamus’ however I am not sure what the rules are for that and how one would quality and even if that is required at all at this stage. Additionally, i am not sure if that is done asap, will there be enough time for updates from USCIS before dates go back (<30 days now). Also not sure if your office can handle a case from NJ. I am so confused on what to do I have no idea.

It’s just so frustrating with dates moving back and forth time and again. I will be thankful if you could shed some light on what should be my next options and procedures in this never ending follow-up with USCIS.

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New Member
Hi Rajiv,

Currently I am on H1b and my company is plaining to file my GC. I have completed Masters from the USA and did unpaid OPT for the 15 months includes 12 months from the first OPT and 3 months from the second 17 months OPT.

My questions are:

1) Is it okay to mention these unpaid work experiences in my PERM filing?
2) Does it create any negative impact to have 3 months as unpaid from the second OPT?
3) Can I mention my CPT work experience for the PERM filing? I do have some paystubs for my CPT in USA.

Thank you in advance.

kumar sena

New Member
Hello Rajivji,
I have a question on re-usage of H1b stamping. Are there any changes in the law recently? I know I have reused my H1B stamping several times. It has been 2 years that I never visited India. So I want to know if there are changes in the law for visa re-usage. Here is my scenario: I have a valid US visa till Nov 2015 with company A name on the visa stamp. Now I have changed the company and working for company B. I have I-797 from company B. I am planning to visit India and come back on the same old visa that has company A name on the visa stamp. Does this fall in compliance with the law? Will I have any issues at the Port of Entry? Can you please advice if this is safe and have no risks?
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