Video Recording for US Immigration related Community Conference Call, October 16


Staff member
VIDEO RECORDING for OCT 16 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 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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Is it possible that deported veterans can still file a N-400 after the fact based on INA Section 329? It does not seem to preclude it in itself, but does INA Section 316 do so? Or do they not relate to each other?

Chris Larson
Minneapolis, MN
Quick Question, wife is US Citizen. I am in Canada. In January we will be married 2 years. If she submits an application to sponsor can we submit the I-485 at this point or should we wait until the visa office contact me.
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Active Member
FAQ: Affidavit of Support
My brother is a 22 year-old US citizen (born here), and still in college. He has filed to sponsor our parents for a green card, but we are not sure what to do for the financial sponsorship since he doesn't have the income to do it.

1. Can my parents (who are abroad) self-sponsor the financial aspect through their own assets (property and savings)? If yes, how do we address that in the application (is there a separate form to fill, etc?). This would be our preferred option since we wouldn't bother anyone, and because their assets are likely to very much exceed whatever minimum would be needed.

2. If we get someone else other than my parents to sponsor, what would be the income threshold they must meet?

If it makes any difference at all, my parents are paying for my brother's education.

Thank you!
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I got Green Card in January 2010.

I left US in August 12, 2010 and returned in June 16, 2011 so I was out of the country for 304 days or 10 month and 5 days.

If you break it down to calendar year it will be

104 days (or 4 months and 20 days) in 2010 (period from August 12, 2010 to December 31, 2010). 4 months in 2010 is LESS than 6 months.


167 days (or 5 months and 16 days) in 2011 (period from January 01, 2011 to June 16, 2011) and again 5 months is LESS than 6 months period.

I did not leave State of California since June 16, 2011 till nowadays. It means I meet USCIS criteria (§ Sec. 316.2 Eligibility) for "physically presence in the United States for at least 30 months of the five years preceding the date of filing the application" and all other points in the above mentioned Sec. 316.

I couldn't find information how USCIS calculate 6-12 months period.

My question is:

Do they calculate 6 months period based on a calendar year (for example in year 2010 I was out of country for 4 months and in the year 2011 I was away for 5 months) or do they calculate it based on trip duration regardless calendar year????

P.S.: I'm planning to apply for US citizenship in the mid of 2015 (so it will be 5+ years).
FAQ: Nonimmigrant Change of Status. Travel While COS Pending
I am on H4 and filed H1b this April subject to Cap and travelled out of country from March 15th to April 15th and returned on H4 with new I 94(xxxx). I received RFE on my case regarding project and company documentation and after responding to it now received an I 797 Approval along with COS approval date effective Oct 1 2014 but the I 94 on the I 797 A is an old I 94(yyy) which was previously on my H4 copy.
So my question is will this be an issue. What status am i in currently. What is the best option i have. Can i start working as i have already cos approved. If i need to go for stamping do i need to leave immediately considering i am on h4 or just wait for couple of pay stubs as i am h1 and then leave.

Thank you !!!
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Registered Users (C)
FAQ: Travel on AP. Am I still on H-1 or am I on EAD?
Hi Rajiv,

I have traveled to India and back on AP for the first time Immigration office paroled me till 30th sept 2015.
I work for two employers one full time H1B and the other part time H1B
I have not changed my job and am working for the same employers as my approved H1B which are valid till Jan 2016 and June 2016. respectively

1.I checked with my employer and they say that I do not need to do anything and I am considered adjustment of status. ( I DO NOT HAVE A STAMPED H1B )
2. Does it mean that now I am on EAD although I am still working for the same employer as my current H1B valid till 2016?
3. Do I need to amend the I-9 form to say EAD then? the international office says nothing needs to be changed my understanding was that if I entered using AP and worked for a different or new employer then I am considered to be on EAD( is this correct)?
4. When will it be safe to switch jobs?
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FAQ: AC21 after green card approval
hi Rajiv,

I filed my Labor/I-140/485 with Company A. 140 is approved. 8 months after failing 485, I got a job offer from Company B and I joined Company B.

Did not file the AC21 after joining Company B. After 18 months of employment with Company B, got my GC while in company B.

I have an offer from Company C now.


1. Can I join the new company now or should I wait for 6 months? ( Got my GC on Aug 21 2014)
2. Is there anyway I can communicate to USCIS, that I have joined a new employer. as I understand AC21 can be used only before 485 approval.

Thanks for your time.


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I am the beneficiary of an approved H1B petition and have attended the visa interview at an Indian Consulate. The VO expressed concern over a couple of facts and handed a 221g to me. One of the fact is that my employer is a small time company with just about 50-100 employees and that they will have to verify the authenticity of the end-client and the project. The other one is that he/she insisted that it would have 'sounded' more authentic if my work location was that of the client's rather than my employer's as mentioned in the petition. Please help me understand my queries below:

More facts about the case, if it helps in anyway:
-- Employer --> Vendor --> End-Client Model
-- Few employees from the same company are already working on the end-client project
-- First time H1B
-- Never been on H1 in US before. This is my first time going for H1 interview.
  • How long can we expect (approx.) that the 221g comes back with the result for someone in my situation?
  • If the 221g comes back negative, will I be cap-exempt if another employer transfers my H1B?
  • Can I change employers while my 221g is in processing & would it affect my next visa interview for the new employer in any way?
  • If this petition ends up being revoked or denied (either by employer or USCIS), am I still cap-exempt if I find another employer/end-client ?
  • What would be an ideal solution for me to avoid going through the lottery again?
  • Would it be logically correct for me to find a new employer before the 221g result comes out?
  • Is it true that working at a client's location has more preference over someone working at employer's location?
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I came to USA on L2 in 2013, got an EAD which is valid till July 2015. I am currently working for an employer who applied for my H1 and it got approved(effective Oct1, 2014). It has not been stamped yet.
My citizenship for Canada got approved and I will have to go for the oath ceremony in 2 weeks. I know that Canadian citizens do not need stamping for H1B. I cant stay away from work for very long, so plan to apply for an urgent Canadian passport. My question is which option is legal and best suited to re-enter US?:

1. Will my change of citizenship affect my H1 status? Will I be able to come back using my new Canadian passport and existing I797 and I94 which was issued on my current citizenship status?

2. Should I re-enter by re-validation of H1b on my existing passport? I am confused.

3. Also, if I choose to enter on my L2 visa on my old or new Visa.. Is that even possible? will my EAD reactivate or will I have to apply for a new one?
Hi Rajiv,

Here is my relevant employment history

- Joined a small (< 50 employees) IT company as Sr. Project Manager in March' 2010
- Traveled to US on business for 4 months
- Took a position in US branch of the same company (Sr. Programmer Analyst on my H1B petition) and came to US 1st time on H1B in March' 2011. I'm employed as Project Manager with the current US company.

Can you help me understand the following regarding my EB1C (multinational manager) eligibility

1) Qualification for EB1C category. If not eligible, why not?
2) Approval possibility of my case (is it weak / strong etc...)
3) Documentation required from me and the employer

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Registered Users (C)
FAQ: Citizenship if I move to India after getting green card
Hi Rajiv
Thanks for your help to the Immigrant community. I have a Green Card (employment based) for the last 3 years (since then living and working in United States) and now I plan to move back to India and keep coming back to US within 6 months (for a month or so ) I will also maintain a house for my family in States. Will I qualify for Citizenship after possessing 5 years of Green card, when I apply to USCIS for citizenship do I require 5 years of physical presence in United States for citizenship.
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I am a Canadian on F-1 status, about to graduate with my MBA in December 2014. My future employer (start date Jan 2015) is willing to provide all documents required for the TN visa. A few questions:
1) Should I still go through the OPT process or should I apply directly for TN?
2) Do I need to return to Canada and cross the border again to obtain my TN? Or is it possible to apply from inside the US?

Also, I will be married to a US Citizen in Summer 2015. Is it possible for me to continue working on TN status while we submit the application for Permanent Residency?

Thank you.
Hi Rajiv,
I have a question about I-140.
I'm on 7th year of H1b and have approved I-140 with present employer.
- When I change the job, the new employer would start PERM application after one year. If Perm application gets denied then I have to leave the county; if that situation arises then how may I come back to work with new employer?
- If previous employer doesn't revoke the I-140 then can it be used by new employer to extend the stay?
Thank you.


Registered Users (C)
Dear Rajiv,

My employer will soon file I-140 and I-485 concurrently for me. I'm in the EB2 category and ROW pool with current PD. Is the process of I-485 dependent on the result of the I-140 even if filed concurrently? Would there be any advantage or would it speed up the process by filling the I-140 with premium processing? How long would the whole process take?

Also, I will reach the max 6 years on H-1B status this coming March 2015. Will I have enough time to get my GC until then? If not, can my employer file for an H-1B extension beyond the 6 years? My PERM was filed more than 365 days before March 2015.

Thank you so much.
Hi Rajiv,

sorry I missed the call last week, I did listen to the recording and it helped. Might ask you again about it this week if there is extra time.

Here is my question this week: my i140 is approved and my I485 has been accepted by ucis since march 3rd. are this normal processing times? I am on EB-2 and my priority date is July 12, 2012. I am from Spain and hold an Spanish Passport.

Also I have my advanced parole and EAD. and I was laid off. If an proof of employment comes while I am searching for a job, can I become self employed and fill an ac21?

Hi Rajiv,
I came to USA on F1 visa in 2006 and then graduated in 2011 with a PhD degree. After that, I am working as a Post Doc with a Company (DuPont). I worked on OPT for one year and then company filed for H1 and started to work on H1 effective from 2012 oct. My Post doc is ending in Dec 2014, I know that I will have to find a job and transfer my existing H1 to new company.
But, I want to do my another Post-doc in univeristy. Can I transfer my existing H1 to Univeristy (non-cap)?

Later, if I find a job in different company, while I am doing my Post-doc in the univristy, can I transfer my visa again the company? or do they need to file a new H1 in Apil and start working in Oct?

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Hello Sir,
Thank you for the service you are providing, my question is " I am an F-1 student for the last nine years and maintaining my status, finished my associate in applied science, got post OPT. then now on December 2014 finishing my bachelors in business administration and applied for OPT. the problem is I didn't leave the country for the last nine years, but maintained my status. i put my parents to embassy 3 years ago, but they denied, stating that i have already finished my education (which is not true) and didn't return to my country. since i am graduating this December 6th is it ok to put my father to face the embassy to visit me in my graduation for two weeks. please give me your advice.

I have one more question. i will get my opt on Feb 2015 to feb 2016,
my question is, i am trying to apply for H1b visa on coming April 2015.
i have a employer who is willing to hire me for my h1b visas, what are the requirement for a company to hire workers for h1b visas?
and i need help in filing my h1b visa, i would like to get some consultation and file it. please let me know.
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Registered Users (C)
Hi Rajiv,

I will be eligible for citizenship on Dec. 29. 2014. I am taking advantage of the 90-day rule and currently filing the paperwork.
I have been working as a Contractor the last 2 years. However, I have opened up my own company and work through that company. Instead of having clients pay me directly, they pay the company and I then pay myself.

My question is for “Part 7. Information About Your Employment and Schools You Attended” – for employer name I am going to put in the name of my own company. However, under Occupation should I list self-employed or the actual job occupation?
I am sure I am not the first person to work for their own company. Historically, do people enter in self-employed or their actual job occupation?

Thanks for the help,
Dear Sir,

First of all, I would like to thank you for your services to immigration community. Recently, I-140 was approved in Eb1B category and filed I-485 in September. We also completed finger printing early this month. Please provide your advice on below questions -

1. Per the USCIS website, the typical time frame for I-485 approval at TSC is around 6 to 9 months, do you think there is a possibility that this process could be done much before this time frame?
2. While I-485 is pending, can one get salary raise and title change. The scope of work will not change significantly. The new title may only expand the scope of work and will still include the earlier work scope (e.g. changing from project engineer to senior project engineer). In addition, the new title is same as the one presented in I-140 application.
3. From online material, I understand that one can change job under AC21 rule if I-485 is pending for at least 6 months. Is there any risk involved in this procedure? However, if I-485 is approved and greed cards are issued much earlier (like in 30 to 60 days since finger printing), is there any required time frame (e.g. 6 months from the day the green card is issued) to be with the employer before changing job. If so, what is the time frame?

Thank you.