Video Recording for US Immigration related Community Conference Call, September 18

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Staff member
Video Recording for Sept 18 US Immigration 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
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-4 holder work/volunteer

Hello Sir,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.

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John Petr

New Member
Hello. I would like to ask you a question. Please, find time to answer to it.
Before getting my green card I have applied for an exchange program, which requires j-1 visa. Now I have got my green card and also I received a confirmation for participating to the exchange program.
My question is: whether I can participate to the program without J-1, and if yes, what kind of problems can I have? Whether the participation to the exchange program without J-1 can make problems for my permanent resident status later? Thank you.


New Member
FAQ - Writ of Mandamus for Govt. Delays
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.

1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?

2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.

3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?

Answer from Conference Call Video:
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New Member
Dear Rajiv Ji,

I have an approved I 140 from company A with PD Feb 2009 with whom i worked from Jun 2006 to Jun 2007. I have applied 485 although I was not working with them in Apr 2012.
I also have I 140 from company B with PD Feb 2010 where I have been working after leaving company A starting Jun 2007. This company did not retain the PD from previous I 140 of other company. Initially it was EB3 until May 2012, and then ported to EB2 hence I could not apply I 485 with company B in Apr 2012.

I have received the RFE for Medicals, immigration Status and EVL etc.. in Jun 2014.
When discussed with company B, they were not willing to provide EVL until company B PD is current. And also suggested me to withdraw I - 485 from company A
So, I have replied to the RFE, with EVL from company A, and for immigration status, I have given I 797 from company B (I thought of attaching the I-140 from company B and general EVL from company B website but removed it in the last minute as company B has not been cooperative)

Both PERM applications are in IT but with different titles and little difference in job description as well, not sure if that matters.

Here are my questions (sorry for the long list)

1. If 485 is approved, how do I know whether it is approved from company A or company B as I have EB2 I 140's from both of them.
2. I feel that since I submitted EVL letter from company A, so I 140 from company A is linked to my 485, is that correct?
3. If I had attached EVL and I 140 from company B, will that would have been linked? If so, can I add that after approval or it has to be before approval.
4. In how much time I should leave company B and start working for company A after 485 is approved. (As I have few weeks of carry over vacation that I want to use otherwise I will lose)
5. Working for how long with company A is a good idea.
6. If company B is ok after I get GC in my hand to still employ me under GC but not H1. Is there any way to inform USCIS that I am changing my plans to work for company B rather than company A, as I have I 140 from both of them. Or do you think it is too risky I should not do that.
7. what are my other options if any without jeopardizing my citizenship process.
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Rafael Ravanera

New Member
Dear Rajiv Ji,

Good day, I already applied for form I-131 and they have received the
payment and the documents on July 18 2014. Took my biometrics on August 22
2014. I called USCIS customer service today and they told me that I will
receive my permit on October 18 because I was in the normal processing time.
The problem is that I need to be out of the country on October 10, is it
possible to travel while still waiting for the permit and just send the it to
me if my family receives the it on October 18? Thank you.


Registered Users (C)
Hi Rajiv,
Can you please help
1. I am having a family emergency ( Father in the hospital possible Terminal ) and I still have my I 485/131 and 765 pending what are my options I had applied on july 1st and my priority date is Nov 2007 Eb2 India. I have not travelled to india in 10 years.
2. I called NSC and they took my expedited request over the phone but sent me a rejection email 3 days later that the evidence was not enough. Ofcourse the person who took my information on the phone never asked me to submit any info. Is there a special medical necessity form that I need that could expedite approval of green card?or is it unheard of?
3. Can I request expediting both I765 and I131 so that I do not have to go to the embassy and come back on AP and EAD
4. If no 3 is possible can I come back and change back to H1B or will I have to continue on EAD till I get my physical green cared?
5. Worse case scenario in the case of death what would be my choice ( ofcourse I would want to be in India but I also have wife and 2 kids here )


New Member
Hello Rajiv ji,
I have a question on porting the PD from a prior I-140.
I have applied for Labor in April 2013 under SOC/O*NET(OES) Code of 25-1042 [ 25-1042.00 Biological Science Teachers, Postsecondary] with my employer A. I am planning to quit my job and join Employer B. I have changed my roles and responsibilies in the job with Employer B. Employer B agreed to apply for my GC using SOC Code of 15-1121.00 Computer Systems Analysts.

Kindly suggest if it is possible to capture my PD from the earlier I-140 based on different kind of jobs?

Thank You for the interest you have in the immigration community.


New Member
Hello Rajiv Sir,
I have few questions on N470. Here is my situation:
I got me and my wife's GC in Aug 2010. We moved to India in Nov 2012 (i.e. after staying in US for 2 yrs, 3 months post GC). Since then we have visited US every six months in May 2013 (for 2.5 months) and Jan 2014 (for 4 months). I applied and got re-entry permit in June 2013. As I have been working for the same employer from India and meet eligibility for N470, so four months back in May 2014, I applied for N470 according to the new format of N470 form.

My questions are:
1. My check for N470 application got cleared within 10 days of application; however I do not have any approval or denial notice from USCIS. After waiting for four months, last week I wrote an email to Texas service center, but no email reply as yet. Please advise me what should I do. If I don't get N470 approval notice by Oct end, then I will be forced to make another short visit (around 1 week) to US with kids, which is not easy.

2. I am the second employee in my employer company who have filed for N470. The earlier person received their N470 approved after two rejections. Does this make any impact on my application?

3. I have not notified IRS/USCIS of my address change from US to India, cause my landlord helps me with the mails. Should I have to notify both or any?

4. In the tax return, should I put my India address or US address?

Thanks a lot in advance.


New Member
Dear Rajiv Sir,
I Have approved the I 140 from company A with PD of Aug 2013 and I have a copy of Approved I 140 petition with me.
If I move to new company B, I think have to apply the labor again to start all the process . Other then the I 140 copy Do we need any addition documents i need to use the Company A PD of Aug 2013. ?
Any other reason i can't use the Company A PD of Aug 2013. ?

Also, If the new company B transfer my H1 b Visa for next 3 years with the help of my Company A approved I 140.
Do I need to start my GC process immediately from the Company B or How long I can wait for to start the GC process?
Thanks for your suggestions.


New Member
Hello Rajiv ji,
I am a pharmacist with Indian degrees,ie,B.Pharm from Mahatma Gandhi university,Kottayam,Kerala completed in Jan 2005 and M.Pharm (Pharmaceutics) from Tamil nadu Dr.M.G.R Medical University,Chennai completed in Mar 2008 and I have questions regarding my eligibility to write FPGEE.I know it is easier to write Pharm.D(nontraditional) or accelerated Pharm D and get eligibility.Mine was a 4 yr course after Jan 2003.So am I eligible to write FPGEE,I am raising this doubt because I read in that a Malaysian student under similar conditions got permission to write the exam in view of his having completed Pre-University of two years in Science subjects,that being added to the B.Pharm degree and considered as five year B.Pharm degree under the circumstances.Then,will I get F1 or J1 or at least B1 to study and write the nontraditional Pharm.D or online Pharm.D from a US university.Do I have to be present in the US to get validity for the nontraditional Pharm D of 2.5 yrs(post-baccalaurate) for practising pharmacists.Is it possible?And lastly,can I search for jobs and get one through H1B visa jobs sites like and not,what is the procedure to be followed to get a H1B visa in the US for a foreign(Indian) pharmacist with 4 yr B.Pharm obtained after 2003?Anwhere,in a pharmaceutical company or elsewhere in the US?
Thank You,


New Member
Hello Rajiv,
First of all thank you for doing this conference. It helps all of us.

My question is, I am currently on H1b working from home(telecommute). Previously I was working at my company office location. I am a full time employee and no need to work in client location. When I got telecommute option, my company's did my H1 amendment with new LCA which is fine. Now I am planning to move to a different apartment in same area, does this need a new H1b amendment or just LCA is fine or no need for anything?

Also how soon can I work from my new apartment? Can I start after they file LCA/amendment accordingly without waiting for approval?

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New Member
Dear Sir,

I work for a University and hence hold a H1b visa under the cap-exempt category.Have the following questions on H1 transfer

1)Can I transfer my H1b to a company which is cap nonexempt(IT Company) if offered a job .
2) Can I start working as soon as the transfer is done.


New Member
Dear Sir,

Thanks a lot for your conference calls. I am on EB2 and I have a question on the priority date.

My PERM was approved on the year 2013 and ETA 8089 is having the priority date of 2013. My I140 was approved only in 2014, it has the priority date of 2014.

1. What is my priority date? Is is the one in ETA 8089 or I140?
2. Why they are different?



New Member
Dear Rajiv ji,

I am from India, and on H1B and in the US since April 2013. I am a B.Tech. (engineer, 2001 grad), and qualified as a US Patent Agent.

In the US, I am working in a Law Firm (will call it A), my present employer. I am also a director of an Indian company B since 2009. A and B are co-owned (majority ownership) by a US citizen. Company B has had 5-6 employees (engineers, post graduates) in the last 2 years, and I was solely responsible for managing them, hire & fire decisions, planning, budgeting, and had little or no guidance from the Law Firm A in B's operations. Company B's purpose is to support A's business.

I am also a director of another Indian company C since 2006, C is as such unrelated to A or B, except that I am a director in both.

For my current employer (A), I handle A's India office (B) and also several other initiatives in the US office (A). My role is to manage an important function - India operations, which does technical, analytical and some adminstrative work for the law firm A. B can be called a highly skilled "back-office" for A.

1. Approach 1: Try to shift to L1A under Managerial category, and then apply for a Green Card under EB1. Could I do that, would it be a good approach?
2. Approach 2: Apply for a GC while on H1B. Would I apply as EB2 or EB3, and would it matter?
3. If I take Approach 2 above, will I be able to switch jobs without affecting my GC application or its priority? Assuming my current employer (A) is cooperative, and will not obstruct me leaving. Would my future employer have any sort of obligation?



New Member
Dear Rajiv ji,
I have recently resigned from current employer and my US H1-B visa was transferred from current employer to a different employer. But after discussion with our current employer manager , I have decided to continue with current employer and has withdrawn my resignation.

My family (dependents) is currently in India and has dependent visas (H4) processed through current employer . I have a vacation plan to India early November, 2014 and will return back to US along with my dependents. Given my case with visa transferred, I am now confused on the next steps.
I have below questions and kindly clarify them as soon as possible so I can plan accordingly.

1. When I go for vacation to India, Should I go for any re-stamping to return back to US?
2. Does dependent visa’s still hold good or need any changes ?

Please clarify and suggest if anything else that I need to do from my end.

Here are the visa details-valid from-17/09/2014 to 15/june/2016 and I-94- has same as end date.

Thanks & Regards,
Jayakumar V.


New Member
My GC was sponsored by Company-A, details of which is below
I-140 Approval Date: October 2010
I-485 applied : March of 2012
I-765 approved : April 2012
EAD Received April 2012 for 1 yr.
EAD renewed in 2013 and current validity 07/23/2015.
RFE received : July 2014 (EVL and Medical)
RFE responded : August 2014
Current Status per USCIS site RFERR

All the above while I was employed with Company-A.
I now wish to move to Company-B using EAD, and would like clarifications for the below questions
1. What is the process involved(including the forms that needs to be filed like AC21, LCA etc..) in moving to Company-B and the duration it would take?
2. What information needs to be provided to USCIS regarding my change from Company-A to Company-B?
3. Can I retain the approved I-140 sponsored by Company-A?
4. Can company-A revoke the approved I-140? If yes, is there any legal reason for Company-A could do so or needs to do?
5. Can USCIS reject I-140 sponsored by Company-A? If yes is there any legal reason?
6. In the event a RFE for EVL is issued must the response be a letter from Company-A (GC sponsor) or Company-B (current employer)?
7. I have always heard GC is for future employment, this being said; Do I need to get back to Company-A after receiving GC?
8. Always heard that one needs(recommended) to be with employer for period of six months after receiving GC. So in this case, does it mean I need to be with Company-A or Company-B or Company-A first six months followed by Company-B next six months?

Thank you for your time and Greatly appreciate your responses.



Registered Users (C)
Dear Rajivji

I used to work for employer A that was a consulting company and they did my green card upto I-140 approval that happened in 2009. But they did in EB3. Later in 2014, I switched to another US based full time employer B. I did that based on the approved I-140 and this employer has just begun my PERM process (prep work like ad, etc. going on). B is yet to file for PERM or I-140. I need to go to India and obviously need to get a H-1B visa stamp. My questions are -

- If they ask me if my employer B is going to process or processing PERM, should I say Yes as they have started ads, done PWA, etc
- If they ask me if my employer B is going to process immigrant petition for me, should I say Yes due to above
- If they ask me what category B is doing the processing, should I say EB2 or something else
- Is it a problem from consulate's point of view that one is having an intention to immigrate
- Not sure if above questions will really arise as I already have my previous employer's approved I-140. So there always had been an intention to immigrate.


Ayan Kole

New Member
Hi Rajiv,

I am presently working in US for a company on H1B visa. I got married to a US citizen in US on 1st August this year. We have our social marriage on 12th December in India. My wife will sponsor my green card process. I have some questions with regard to the process:

1. Can I file my green card process now or wait till I return from India and then file. Will there by any restrictions on my travel outside US while my green card processing is on even though I have a valid work permit visa?
2. Do I have to let my company know before I file the documents or can I independently perform this process?
3. I stay in the state of Oklahoma while my wife stays in New Jersey. Is there any advantage in processing at Texas Service Center than the Vermont Service Center?

Thanks you so much for your help.




New Member
Hi Rajiv Sir,
I am looking for H1b Cap exemption on unused H1B from my present L1A status for different employer
and i am really confused. Please assist, below is detailed info.

Employer A filed H1b:
Receipt date: 23-Sept-09
Valid: from 21-Oct-2009 to 30-Sept-2012
Stamping result: I had got 221(g) twice for more info from employer.
Embassy mentioned, they dont have any problem with me, but the employer looks problematic.
I left the process and no update since then.

Employer B filed for L1A:
Date: Jan-2012
Came to USA: Mar-2012
Total stay in USA: 2.3 years (presently in USA)

Following are my question:

1. Now, am i eligible for H1b Cap exempted if Employer C is willing to get me on H1b ?
I had never got my previous H1b petition stamped successfully and I was never in USA on H1b status.
Also, I have not stayed in USA for more than 6 years on L1A as well.

2. If i can be cap exempted, What is better COS orpetition approval?
How is it decided ?
Will the COS be based on my present I-94 ?

3. Are there higher chances of rejection as i had 221g in my previous petition?
Or it is upto Employer C ?

4. How much average time the process may take - new petition by Employeer C as part of H1b cap exempt ?

5. My original H1B petition was for 'Programmer Analyst' role,
i. is it ok if new petition is for different position like senior programmer analyst ?
ii. is it ok if it is not a managerial role for H1B? presently, i am on a managerial role on L1A

6. If my present L1A stamping is valid till Dec 2014, but if my I-94 is valid till April 2017 and if i opt for COS from L1 to H1,
will i be able to stay in US on H1 for April 2017 ?

7. Will i have to go for stamping after COS, if i want to leave US for vacation and come back ?

8. If at all i opt for GC process after transfer to H1B, do i need to go for a successful stamping before GC process?
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