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  • Conference Call on July 10 - Recording Now Available

    Recording for July 10 Conference is now available at

    The dial-in details for the conference call have changed. See new info. below:

    Date: July 10, 08
    Time: 1:55 p.m to 3:20 p.m , EST
    Conference Dial-in Number: (712) 432-3900
    Access Code: 4039551

    The thread will be open for posting questions on July 7.

    Last edited by RahulMehta; 10th July 2008, 12:25 PM.
    Forum Administrator

  • #2
    Unusual status change on an approved I-140

    I am a July 2007 AOS filer. My I-140 was approved in December 2006. On March 20, 2008 the status of my approved I-140 changed to the following:

    " Current Status: This case has been received from the State Department with a request we review it.

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. "

    I searched online in many immigration forums but looks like I am the first one to get this kind of status change on an approved I-140. My attorney has no clue about this and advising me to just wait.

    My questions is:
    1) What does this status change mean?
    2) A few days after my I-140 was approved I got another email from CRIS saying "Case was shipped to the Department of State for visa processing". Does this has to do anything with this?
    3) Its already been 90 days since this status changes occurred. Can my attorney or myself contact USCIS to get more information about this?

    Here is the brief history of my I-140

    06/01/2006 -> I-140 Filed.
    12/18/2006 -> Case Approved.
    12/27/2006 -> Case shipped to Department of State for visa processing.
    03/20/2008 -> Case shipped to USCIS for review.



    • #3
      I'm sorry for posting the question again. I could not attend the last conf. call due to an emergency at work and the recording is unfortunately unavailable. If the recording becomes available please ignore this question, otherwise I will greatly appreciate your advice. Thanks!!!

      Hello Khanna Sa’ab,

      A sincere thanks for this service.

      My case is as following:

      Labor & I-140 approved from Company A--- > Switched to Company B --- > New labor application filed --- > Audited in October 07 and response sent in early November 07.

      H1B 6 years finishing in May 2009

      Question 1. If the labor from Company B does not get approved, I will not be eligible for H1B extension as there is no time to refile PERM and still have 365 days pendencey. Can I get 3 year extension based on an APPROVED I-140 FROM COMPANY A?

      Question 2. Any insight on whats going on with PERM audit cases?

      Question 3. My wife is a dentist on F1 graduating in 2009…does she fall under special 20,000 H1B quota? Is there another way of getting work permit for Dentists OR faster GC processing for dentists (similar to what they have for doctors)?

      Again, thanks for helping a friend from punjab. You are a true Punjabi!!!


      • #4
        Complaint to Department of Labor.

        Hi Rajiv,

        I had applied for H1b visa (change of status) in 2007 March.And also applied for H4 extension at the same time....
        I got my h4 extendion paper in July and after 2 days got my H1b Visa approved. i did applied for SSN in october,
        but till now my employer didn't get me any job, paystub or offer letter.

        I want to go to india now so my question is can i go h4 visa stamping??

        I talked with a lawyer about this situation he told that there are 2 ways:-

        1) one is filling an affidavit that i got my h1b visa and my H4 visa extension at the same time so i did not know which was was valid i thought it was h4.

        2) Other is filling a compliant to US DOL abt the employer who filed my H1b visa.

        Please suggest me what should i do...I want ur opinion.

        3) Will it affect my husband's H1B visa and our Future GC processing? Do I need any lawyer to file complaint to DOL or can i do it on my own?

        Really appreciate ur help on this matter.
        Last edited by stillwater; 7th July 2008, 09:16 AM.


        • #5
          F1 student - out of status - one semester to graduate

          Entered US in July 2006 on F1 visa.

          Academically suspended in May 2007 due to poor grades - got reinstated into the university one week after the start of fall semester i.e. August 2007.

          fall 2007 semester: Registered for 9 credit hours (initially) but dropped one course resulting in effectively 6 credit hours (september 2007).

          Out of Status since september 2007.

          I-20 expired on 15 May, 2008.

          Expected Graduation: December 2008.

          Not eligible to apply for OPT due to out-of-status.

          1. Applying for re-instatement to F1 status after 8 months is a good option ? Options & Consequences if denied ??

          2. Appearing for visa again in india / canada / mexico. (low expense preferable) after taking a new I-20 from the university

          3. getting married to a green card holder ? I have an offer from one family who are here for sometime on GC

          4. Someone said, marrying a GC does not help me much in this scenario. Does marrying a person who is a US-citizen helps ?

          I am considering all these options because I dont want to go back to my home country as I would be graduating next semester and am ready to take anyone of these options whichever goes in my favor with little amount of risk.



          • #6
            Post Completion OPT if give up on PhD after Masters?

            I have a question regarding the OPT. Say if someone finishes a Master's STEM program, then continues on to PhD studies, but after a semester/few months decides they are no longer interested in the PhD and instead finds a job.

            Can they get a post-completion OPT at that point and thus be eligible for the 17 month STEM extension, or since they finished the Masters and didn't apply for the OPT, but continued on to PhD, they aren't allowed to get the post-completion OPT, just the pre-completion OPT and thus can't get the 17 month extension?



            • #7

              Last year I applied for EB3 I-140 along with I-485. EB3 I-140 got denied due to Abandonment (I-485 status still shows as Pending). I filed EB2 I-140 in January 2008 which got approved recently. Can I port the I-485 filed with EB3 I-140 to approved EB2 I-140 (by filing a Request For Amending the I-145s)?

              Thanks for your help.



              • #8
                I 130 & I 485 for Relative - Parents

                Dear Rajiv,

                Last call my question about I-130 and I-485 Pending for more than 2 years in the category "applying for parents" - Thank you for your counsel to contact the congressman office.

                I-130 got approved but on I-485 they sent my father an RFE - "Fingerprints are illegible and provide a letter issued by local County Sheriff’s office or Local Police Dept that the applicant has no Criminal record ......Requiring a separate letter for each law enforcement office in which the applicant has resided during the previous 5 years"

                I got a Police Clearance certificate from the local City Police department in Pennsylvania for the time he has been with me which is for past 2 years and have requested a local police station in Delhi to send me one for the time he lived there for more than 15 years.

                Should this suffice or should I be getting one from the New York Consulate office also as people suggest?

                Sorry for taking time away from other callers who have more important questions than I do - but a feedback from you for a simple question one has is very valuable and one does feel very assured.



                • #9
                  Dear Mr Khanna

                  Thank you for your excellent service.

                  I have some questions on Experience Letter required for GC process.

                  1) If I submit affidavit from my co-workers, does it need to be on their current company Letter Head OR can it be on plain paper notarized

                  2) My earlier company used generic designation (Consultant, Senior Consultant etc) however my actual role was Project Manager. The official releiving letter shows the designation (Consultant) whereas offer letter shows Project Manager. The PERM was filed based on offer letter and shows Project Manager. Should the affidavit list my role as Project Manager or Consultant OR Consultant and then in bracket Project Manager ?


                  • #10
                    H1 from profit to non-profit


                    My wife is presently on H1 in regular quota. She got an offer from non-profit organization. If she transfers her h1 and after some time, can she change back to regular quota by filing for a new H1.

                    Thank You


                    • #11
                      Hello Mr. Khanna

                      Currently on H-1b, filled I-140, I485 Concurrently in Aug,07. Already completed 180 days. I am the primary applicant for GC. My wife also has seperate H-1b and on GC with me.

                      1. My GC has been filed under job title Programmer Analyst, however I would like to change my job & career under AC21 using EAD. I am aware that AC21 allows safe job changes if (i) 180days passed by after 485 filing (ii) the second job has the same responsiblity as the previous one. However, I would be interested in moving out of my IT career and work as a HR. Is it possible to change employers and the career? Do i have to necessary file my AC21 because i believe its a law and not an application

                      2. I have come across a lot of sub applicants to the primary GC applicants (like spouses) who have received their EADs now. They are working in different careers altogether. How is that possible?

                      3. As you stated that if by any reason 485 is denied, its safe to go back to H-1b which would not fall under the quota. Question is, would i need to wait for the April of that fiscal yr to file H-1b again and start working by October of that year OR...would it work like an H-1 trasfer processs (that it can be applied at any point in time in a given year)

                      Thanks for your time.


                      • #12
                        regarding AC 21

                        From your blog on AC21 to my earlier question it is safe to inform the USCIS regarding AC21. Can we do that at the time we transfer the H1 (beyond 6 years). If so, now all H1 extensions are sent to VSC and my 485 is at TSC. In that case do I need to send 2 letters one AC21 letter with my H1 packet to VSC and the other informing the same to TSC?

                        Also, does the employer still need to pay $1500 or $750 in addition to $320 for the H1 filing fee depending on the size of the employer?

                        Thank You


                        • #13
                          Promotion to Managerial Job

                          Hi Rajiv:

                          Thanks for taking my question.

                          Current Situation:
                          Title: GIS Specialist II
                          H1B - 8th yr Extension
                          EB3 - I-140 Approved This Month - Waiting for PD (July 2002) to become Current to Submit I-485

                          Through Spouse (PD Sep 2006-EB3):
                          Have an approved EAD/AP
                          I-485 Pending

                          What are the consequences if my current Employer promotes me to Project Manager I (No Significant Change in Salary)
                          Current Title is Non Managerial but has some Supervisory Responsibilties - listed below are key items close to managerial from current job duties

                          1. Prepares task and project cost/work estimates.
                          2. Interacts with client to deliver high quality GIS products in accordance with project/contract terms
                          3. Reviews work of less experienced GIS Associates.
                          4. Occasional travel may be required.
                          5. Other duties as assigned
                          6. May provide guidance or informal training to less experienced personnel.

                          1. Can I use my EAD (through Spouse) to get promoted? Do I have to use EAD?
                          2. What happens to my future I-485 when ever it gets submitted?
                          3. Is there any legal way of getting the promotion and at the same time not jeopardizing my current GC application process

                          Thanks for reading a long question with so much patience
                          EB3 Non RIR, WV
                          PD: July 10 2002
                          Regional Recvd: May 12 2003.
                          45 Day Letter
                          Recd: Feb 7 2005, Rep: Feb 10 2005
                          Case: P-04252-XXXXX
                          Case Status "PW" - Feb 26 2007
                          CERTIFIED - Online on 7/12/2007
                          Waiting for Hard Copy


                          • #14
                            Following are my details:

                            Priority date = June 02
                            485 approval date = June 07

                            I filed for I824 for FOLLOW_TO_JOIN consular processing petition for my wife in Sep 07. Since Visa Numbers are not available this is not moving forward?
                            I tried filing H1 for my wife and she did not go through the lottery?

                            1) DO you think my priority date will be current when they open new visa numbers in Oct 09?
                            2) My attorney mentioned that getting F1 visa will be difficult for my wife in the consulate since I have a green card. Do you think it is possible to file F1 without any issues?
                            3) Are there any other options?



                            • #15

                              I came to the US on a legal tourist visa about 18 years ago with my parents. The visa expired a while ago but we stayed in the US. I have had most of my schooling here in the US. I am currently a college student with 2 years left from graduation. I am going to graduate with a Bachalor's in Science for Nursing (BSN). Obviously, I am currently out of status. In order to take the state exam I need to be legal. I am hoping that you will be able to guide me as to what I should do next in order to be legal. Neither of my parents are legal.
                              Any help would be appreciated.
                              Thank you for your time.


                              • #16
                                I-94 Submission


                                I have two I-94s, one i got at POE when i came to US first time on H4 and the other i got with H4-H1 COS. Do i need to submit
                                both I-94s at airport while leaving the country? Can i destroy my first I-94 which i got my first arrival and submit
                                the second I-94(which i got with H4-H1 approval) while leaving the country or do i have to submit both I-94s?

                                Appreciate your help.


                                • #17
                                  hello khanna saab, thanx a lot for hosting this service

                                  i landed in USA for Masters on F1 status(aug2006) in university in san diego and then transfered to university in san francisco in( Aug 2007 ) at the same time i applied for H1b in april 2007 for 65000cap by a consulting company and got picked up in lottery but i got my H1B approval on Jan2008 till then i have compeleted 5 courses in masters .
                                  further after approval since jan 2008 i havnt got any projects bacause of my companys non support and neither being paid by my consulting company so till date(jan2008-jun2008) i have no pay stubs and eventually resulting in wastage of my H1b timeframe and no money paid

                                  now should i? options i have

                                  Ques1.if i planned to go back to F1 status to compelete my masters and surrender my H1B (to save it) and after a year when i compelete it . will i be again subjected to lottery system again to come back to h1B (what will happen to curnet h1b 3 yrs validation)
                                  Ques 2.will this current 3 years of my H1b will be wasted as i have just used 6 months of my current H1b or will gat back remaining this 28 months of h1b and further 3 yrs of h1b extension
                                  Ques3- AS I HAVE NO PAYSTUBS I AM OUT OF STATUS but my company is protecting me by giving employment letter but no money and will give me pay stubs if i pay them 40% tax and can transfer my H1b to other company
                                  Ques4- other option even if i got project at this month(july2008) and start getting paid will this 6 months (jan2008-jun2008) of no paystubs will affect myvisa stamping even if go for stamping after dec 2008 .i heard visa authoriities only req 2-3 month spaystubs
                                  Ques5- if i go for Visa stamping later on stage is visa authorities will ask me vy dint u compeleted ur masters and switched to H1b but i got approval from USCIS and INS.
                                  Ques6- is this following of procedure from F1 to H1b then back to F1 then Back to h1b gonna afect me in further green card processing if i follow all rules legally.

                                  i am planning to go to f1status again this fall 2008 so if u can plzz answer my ques in this conference as i ma waiting for your guidelines in this to make some decisions
                                  thaanx a lot . plzz help and guide me in this


                                  • #18
                                    Crime Involving Moral Turpitude?

                                    I plead no-contest to a Penal Code 415 (Disturbing the peace -
                                    infraction) on my lawyers advice, for a Domestic Violence issue.

                                    Now, when I was returning from a trip abroad, the immigration folks
                                    stopped me and were not certain if I should be deported or not. They
                                    let me in for now.

                                    I read INA 212(a)(2) and 237(a)(2)(E)(i) and it appears I am safe - it
                                    appears that a "Disturbing the peace" plea as an infraction (even if
                                    for a Domestic Violence issue) is not a deportable offense or one that
                                    bars entry.

                                    I believe it is not considered a "Crime Involving Moral Turpitude". Is
                                    that true?

                                    The immigration folks asked me to FAX them the records of my court
                                    conviction - should I do that, and do I need an attorney to do that?


                                    • #19
                                      URGENT HELP NEEDED: FAMILY BASED GC and DIVORCE

                                      I came to US in Dec 2000 on an H1B visa. Subsequently, I got sponsored for my Green Card through my spouse. She applied for my I485 - change of status on Nov 22, 2006. Both of us appeared for interview on March 27, 2007.

                                      I got my EAD(Employment authorization Document or work authorization) on Feb 2, 2007 which was valid till Feb 1, 2008. I renewed my EAD which is now valid till Oct 29, 2008. So I have been on an EAD since Feb 2, 2007.

                                      My wife filed for a divorce in Nov 2008.

                                      INS called us for an interview on April 10, 2008 with my spouse. They said this interview will be videotaped. We did not go since this required both of us to be present. Does this raise a red flag.

                                      I passed MS in 2003 from US university. So as per new rules, do I still come under the 65000 H1B quota.

                                      Am I still considered on an H1B since my GC was sponsored by my spouse and I got EAD in Nov 2006. Can I again transfer on an H1B or an L1. I can work on an L1 too if that is possible.

                                      Dec 2000=came to US on H1B
                                      Nov 22, 2006=GC sponsored through spouse
                                      Feb 2, 2007=EAD received
                                      Oct 29, 2008= Date till which renewed EAD is valid
                                      April 10, 2008= INS called for an interview which we did not attend
                                      May 25, 2008=Moved to India for my Dad’s surgery

                                      I came to India in May 2008 since my Dad had to undergo surgery.

                                      1. Can my wife or her lawyer have informed the USCIS about our pending divorce(even though we are not divorced yet). In that case, what is my status today? Can you find out what status I have at INS today
                                      2. INS called us for an interview on April 10, 2008 with my spouse. They said this interview will be videotaped. We did not go since this required both of us to be present. Does this raise a red flag. The letter said my application will be abandoned if we do not attend the interview. What impact does this have
                                      3. I have my job in US till now but EAD expires on Oct 29, 2008 and I am in India right now. How can I go back to US(H1 or L1) or get an L1 through my current employer
                                      4. My 6 years are done. Can I apply for an L1 again. In that case, how will INS take it since my GC is under process. Won’t it raise a red flag. What is my GC status given all this..
                                      5. Am I still considered on an H1B since my GC was still under process. Where can I get an H1B from now
                                      6. I went from H1B to EAD status. Can I get an H1B again.


                                      • #20

                                        Hi ,

                                        I have two H1B applications approved through two different employers. I have not decided yet to whom I should start working from Oct 1st, 2008

                                        My question is ,

                                        Can I apply a SSN through Employer-A now and then join in Employer-B from Oct 1st.