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Hi Rajiv, I filed for interfiling (EB3 to EB2) – if EB2 I-485 get’s rejected then is there a possibility to use EB3 I-140 and reapply I-485? If my I-485 get rejected then will my wife’s I-485 also get rejected.

Hi Rajiv, My lawyer filed for Interfiling (EB3 to EB2) couple of months back but there is no update to my I-485 case. It is still in “Initial Review” state, just like how it was filed back in 2007. I called USCIS and they are asking my lawyer to talk to them but my Lawyer is saying they won’t...

Hello Rajiv, I just got my I-140 approved (EB3 to EB2 porting) with my new employer and my priority date is current. 1) Should I call USCIS and ensure my I-485 is being processed in EB2 category and not in EB3 anymore? 2) If I quit my employer before getting the GC, will I be able to use AC-21...

Hi Rajiv, I have applied I-485 for my Wife on July 1st.Currently she is in H1 status. She is traveling to India and also going for stamping 1) What will be the impact if for some unforeseen reason her Visa get’s denied or delayed? 2)Her company will retry and if that didn’t work then I will...

Hi Rajiv, My employer have applied for EB3 to EB2 porting and my case is pending labor clearance stage. Since EB2 date got retrogressed/stand still and EB3 is moving in snail phase, Is it possible for me to maintain both state and pick one which ever becomes current first? If not at which state...

Hi Rajiv, I am in 9th year of H1, EB3- I485 Pending. I am moving to a new job,my new employer is planning to file eb2 for me. Is AC-21 required or H1 transfer will do? If AC-21 is required, will it conflict with my EB2 GC Filing? Thank You

H1b Hi Rajiv, Thank you for this service. 1. Can an unincorporated company sponsor H1-B? Is there chances of denial because of incorporation? 2. Can new H1-B employee start working in Jan-2013 instead of Oct-1-2012? 3. In your video blog you stated that “H1-B holder cannot start a new...

EB3 to EB2 PD porting Hi, 1. EB3 to EB2 PD porting; is it true that I cannot port the priority date if my previous employer revokes my approved I-140? Can they really revoke an I-140 approved several years back? 2.I am planning to file for H1-B but I cannot start working for my sponsor...

Green Card Hi Rajiv, Thank you for this service. I’m in I-485 pending wife not included. I got a very good job offer and the new employer want me to come work in EAD. They don't want to transfer my H1-B (required for my wife to be in H4). q1. What options do I have to keep my wife in US while...

Negative profitability Hi Rajiv, While I was checking out the option for changing from EB3 to EB2, I came across the negative profitability. 1. If the company is running with negative profitability, will this become a rejection critera for PERM/I-140 process? 2. Can a person on H4...

Hi Rajiv, Thank you! H1-B law related 1. Every time we re-locate out of current geographical location then we need to re-apply H1-B, is that right? What if I have Travel job? 2. What is “H1-B Dependant Company” and what are the consequences for employees? 3. “USCIS black listed...

Hi Rajiv, I filed for H1-B extension and I got promoted while the case was in-progress; 1. Should this require H1-B amendment or H1-B re-file? Can I travel during amendment/re-file in-progress? 2. Can my wife on H4 travel and go for visa stamping during this time? 3. What is the difference...

Hi Rajiv, I posted the following questions and got your positive answer in last conference call. As you said; I emailed **** to take legal consultation and start the process and yet to hear back from you. Can you please brief me the process and documents required so that I can start preparing in...

Hi Rajiv, Thank you for this service. I’m in I-485 pending (EB3) and my priority date is current for EB2 so I am planning of re-filing my case in EB2. My current employer denied to re-file my case in EB2. I have found a would be employer (small consulting firm) who is willing to file GC for me...

Visa stamping issue in India - Follow-up from last call 221g issue in India; Is it safe to go to 3rd nation for stamping?Does the issue exist for H4 stamping as well?

EB3 to EB2 portability Hi Rajiv, Thanks for this call. I'm in I485(EB3)pending-wife not included-8th yr of H1B-my priority date is current for EB2. Current employer not willing to re-file in EB2. Q1-Can a would-be employer apply GC in EB2 for me using my EB3 priority date on future employment...

H4 and I-94 expiration Hi Rajiv, Thank you for this service. My wife is on H4, her I-94 expires next month and my company is saying we just to file for H4 extension before I-94 expires and it is not required to have approved petition (valid I-94) in hand before her I-94 expires, is that true...

EB3 to EB2 Transfer Hi Rajiv, Thank you for offering this service. I am on EB3 I-485 pending state for last 5 years and exploring other options... 1. What does it take to transfer from EB3 to EB2 through my current company? I have around 10 years US experience with one promotion only. Is...

Bringing Relatives (Aunt/Uncle) to US Hi Rajiv, I am planning to bring my Mom in Family Visit(B2) Visa. Since my dad cannot accompany her, I am planning to bring my Aunt(Mother's sister) with her. 1. Is my Aunt eligible for this category - Family Visit(B2)? 2. If not then what Visa is...

General Qstn 1.I am planning to apply for H1-B, I heard that most of the cases are getting rejected or getting RFE. Is this true and is it advisable to apply for H1-B now? 2.I have to go to India later this year, If I get my H1 and if I am working, will there be any problem in stamping? I...