Video Recording for US Immigration related Community Conference Call, September 4

Not open for further replies.


Staff member
Recording Available for Sept 4 Conference call with US Immigration Attorney Rajiv S. Khanna.

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: September 18, 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.
Last edited:
Hi Rajiv,

I had posted my question earlier as well.

Job requirement: BS or foreign equivalent in (IT, CS, CIS, or related) + 2 yrs experience in job offered or 2 yrs experience in alternate occupation.

My profile:
3 year B.Sc Computer Science
1 year post graduate diploma in IT
2 year M.Sc Information technology but I completed this in 1 year only since I got admitted to 2nd year directly based on 3 year BS + 1 year Diploma.

Experience: overall 6 years out of which 3 years after M.Sc.

1) Does this Job qualify for EB3 Skilled worker or Professional ? (I know there is no difference between the two for Visa numbers but need to understand how USCIS will categorize this...)
2) Do I qualify for the Job as it has been drafted in the Perm Ad ?

Thank you.


New Member
Hi Rajiv,

I have my H1b stamped in 2003 (valid till 2005) through an Indian IT giant. While quitting the company I had to surrender all the documentation and what all I have at this point is just the stamped visa on my passport. I have never travelled to US using this one. Also, this Visa is stamped "Cancelled without prejudice" when my B1 got approved later (in 2005). I did travel to US 3 times, through B1.

Request you to clarify the below queries/assumptions
  1. Can this VISA be reused NOW without going thru the cap?
  2. I repeat, I do not have any documentation other than the H1B stamp on my passport. Will it be a concern?
  3. If the above is a concern what is the way around?
Thanks in advance for your expert advice.
~ Sandy


New Member
Dear Mr Khanna

I read your blogs about immigration. I want to thank you for your community

My spouse worked for a software company in India prior to our marriage. That
company filed a H1B and her application was approved and stamped in 2003. But
she never used that visa to come to the USA.

Later in 2004 we got married (i was already on H-1) and she came to US on a
H4 visa. during her H4 visa process her H1B visa in the passport was
cancelled. She also resigned from the software company.

Now she wants to start working again. She is still on H4 visa. Now if we
apply for a new H1B, is she subjected to cap even though its been more than 6
years since her old h-1 was approved. (the old h-1 was applied in 2003).

Please suggest. Thanks


New Member

I have an issue with different date of birth as recorded in my birth certificate (which is accurate) and a different one in foreign passport along with ALL other documents. The difference is two months. I have got advice from you in an earlier conf call response to go ahead and make corrections to match the real date of birth as in birth certificate.

There are a lot of documents to make corrections, starting from foreign passport, SSN, IRS tax filing, H1B Visa, PERM, I-140, employment documents etc.

I am on 7th year of H1B visa and has an approved PERM & I-140.

My questions are:
1. How will it affect my approved H1B visa, approved PERM, approved I-140 if I go ahead and start making corrections on date of birth?
2. What is the process to make this correction on immigration documents such as Visa, PERM, I-140?

Please advice. Thanks a lot for your help!


New Member
Hello Rajivji,

Special thanks to you for conducting this community conference service .

I need some information on my current visa status change which I am planning :

My Current Status :

Currently I am working in L1 B from June 2011. ( Visa Got expired on March 2014 and have valid I-94 till Jan 2017 ). My wife is working on L2 B from last couple of months .
I have applied for H1B for myself this year and got the approval , I am eligible to start working from Oct 1st 2014 ( H1B is filed as change of status by my new employer )

Questions :

1. How long I can stay on L1, before moving to H1B status ( as H1B is technically starts from Oct 1st 2014 )
2. Can My wife work on L2, as long as I am there on L1 ( Say like If I planned to take H1 in Nov, can she work on L2 till I take H1 in Nov ) or She needs to stop working from Oct 1st 2014 as my H1Bis filled under change of status and petition start date is 1st oct 2014 .
3. If my current employer agrees to file for GC processing , I am planning to stay back on L1B. Can GC processing happen with my current L1B status ( No valid Visa only I-94 is valid ) or I need to get valid L1B visa stamped for GC processing with my current employer .
4. Is there any option to keep the approved H1B on hold for an year or so .

Please Suggest. Thank you.
Last edited:


New Member
Hi Rajiv,

My Spouse who is a LPR had filed for a F2A visa Petition(I-130) for me in Jan 2014 .It got Approved in Feb '14.
My wife has also applied for her Naturalization & recently has received a Letter asking her to prepare all the documents
for Interview .
In the past 6 years of getting her Green card , 2 of her 3 trips were for more than 6 months & the reason was for studies

My Questions for you are :

1) Is there any delay in the Interview timeline for Applicants at Chicago District office after Fingerprints ?

2) Its more than 6 months that I-130 has been Approved but still my Wife didn't receive any letter from NVC(National Visa Center).The Priority Date(PD) is not current in this category and hence we might now have been assigned a Case Number from NVC but still we were expecting a letter from NVC stating that they have received our petition from
USCIS and they will hold it till the PD is current.

Is there anything that can be done now?

3) She has also been asked to providence evidence indicating that she didn't abandon her residence , or terminate
Employment in the USA or abandon US abode.
Can my wife use the below Evidence to prove that she didn't abandon her residence.
a) School records
b) Personal letter of explaination
c) Family ties to the US when she was abroad like her siblings were enrolled in School for Studies
d) Mortage statements of her father
e) her bank statements
f) State Issued Drivers License or State Issued Photo Identification Card

Do you the above is good enough to convince the Immigration Officer. Do you want to add anything else?

4) Does the Chicago District Office allows Oath on the same day when the Interview happens if her naturalization gets approved

5) In the case that she gets naturalized , which option or any other option is best & quick or me to come to USA
a) Upgrading I-130 with NVC & applying for Visa here in India
b) Direct Consular Filing (at New Delhi which I confirmed that they allow DCF after my wife stays in INdia for 6months)
Last edited:


New Member
Hi Rajiv,

If one went into US on B2 visa, but illegally worked , which violate the B2 via.
This person also applied for Asylum during B2 visit, but soon withdraw the application.
He has an order of removal, have 5 year bar. Now the five year bar is over. He is back in india now.

In the future, if his US citizen son apply for immigration of him, at the local consulate, how large is the chance this person will be denied because of misrepresentation under 212 (a)(6)(c)(i) Act ?
1 will applying asylum on B2 visa when withdraw the application considered as "material" misrepresentation?
2 Will illegally working with a B2 visa considered as "material" misrepresentation?
thanks so much !!!
Last edited:


New Member
Hi Rajiv

I have approx 22 year of work experience in the IT Industry and currently have a valid B1/B2 visa for USA.
I have visited USA alone and also with my family before but never worked there.
I am also a visiting faculty to MBA schools in India and teaching since 4 years.
My family consists of my wife, two kids ( 17 years & 12 and my mother). we are keen to immigrate to USA permanently.
I have done my MBA in India
I am keen to understand what are the possible routes to immigrate to USA?
My interest is in the following:

- explore teaching options in MBA colleges in USA
- explore employment opportunities ( full time or part time )
- Explore and pursue PhD program in USA
- Explore if my wife can be teacher in middle shcools
- what is EB5 options-
1. Do I have to show funds availability at the beginning of the application?
2. does my family gets medical insurance also alongwith the provisional green card? If not, what is the cost of buying medical insurance.
3. Can I still look for employement in USA after I have invested the $ 500k?


New Member
Hi Rajiv,
Thanks a lot for spending time to answer our queries, this forum/conference call is very helpful. Your expert input and valuable insight is very much appreciated
I am considering moving back to India and I have the following questions with regards to the same
  1. I am currently on H1-B status, in my 7th year and with a validity up to 9/30/2016, and my PERM (PD is Jan 15th 2013) and I140 have been approved. If I leave the country, what (if any) options do I have to retain my PD and reapply/return in the future?
  2. Do I need to inform USCIS prior to moving back?
  3. If I want to continue to visit USA in the future for tourism/vacation, can I apply for a change of status (Form i-539) from H1b to B1 from within USA or do I need to do this through a US Consulate in India
  4. I have a 15 month old daughter who is a US born citizen, do I need to inform the Social Security office or any other federal department about her move. She already has a US Passport and a PIO valid for 15 years
Please advise. Thanks in advance...


New Member
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?

3. How long is the wait for I130 for brother born in Pakistan?

Thank you.
Appreciate your help.


New Member
Hi Rajiv,

Thank you very much for answering our immigration questions. Your time and suggestions are greatly appreciated.

I am currently working on cap-exempt H1b as a Full-time biology instructor at a community college. I recently received approval for cap-subject h1b to work as a Business Analyst with the start date from October 1.

1) Can I start working for my new employer from September 15 instead of October 1?

2) After I start working for the cap-subject employer from Ocober 1, can my cap-exempt h1b employer still file for I-140 if I change my employment with them to concurrent H1B from October 1 (as a part-time adjunct instructor)?

3) Can I port my PERM priority date from a Biology instructor position to a Business Analyst position?

Thank you for your help.


New Member
Hi Rajiv,

I immensely appreciate your time and efforts in helping us out with our immigration issues!!

Here is my question - If a person who has been working in US on H1B visa for past 15 years at various levels gets a new job in a new company at Director level with 7-8 people reporting to him, can an EB1 application be filed for him?

Looking forward to a response from you.


New Member
Hi Rajiv,

I'm working in India and holding valid H1B visa with present Employer. I haven't been to USA on this visa yet.

Meanwhile I've come across a consultancy company based in USA who are ready to do H1B transfer.

They have requested documents like Passport,H1b visa stamp , education transcripts and work experience related documents.
As they have agreed for H1B transfer to file a new H1B using previous quota, Can H1b Transfer be done without providing I797 and LCA copies.
Are they any alternative way's to transfer H1B without having I797 copy.

Not open for further replies.