April 16, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Hi Rajiv
I am currently in US on L1A visa. I have 15 years of experience and working for an IT company in managerial capacity. and now preparing to file GC in EB1-C category.

My question is, that for filing I-140 petition, is org chart required to be shown, if yes, is it that org chart should be based on the client we work for or should it be company specific? The reason why i am asking is that because from organization prespective there are many people reporting to me from offshore (india) but from client prespective there are very few people who report to me (i.e people in my company who work for this client) and some of the people who report to me actually have higher designations than me as they play role of architects etc. Will that be an issue if I show such people as sub-ordinates in my org chart and mention their role rather than job title. Is there a way for imm officers to know from networking sites (like linkedin etc) to know the sub-ordinates actual job titles and based on this case can there be issues in approval of the case.

Dear Mr. Rajiv,
Thanks for all the help as always.
"I Entered US on Immigrant visa ( Via Green card process Employment category) in July-2014. My passport was stamped at Airport and Visa packet was handed over to immigration officer. They asked me to sign and fill a form for actual physical green card and SSN. Since then , i am waiting for my physical green card. After speaking with USCIS over time, i was told that my Visa packet has been lost and was never received by USCIS from CBP. Scary for me! ( Received SSN within 6 weeks)
1) I have called USCIS customer multiple times and in Dec-2014 got a notice to visit USCIS office(infopass) and handover copy of my birth certificate and picture at Infopass/immigration officer. I did in Dec-2014 and waited for 2 months.
2) I again went for Infopass appointment in Feb-2015 and checked status as calling customer care did not helped as they had no update. I was told that my previously submitted Dec-2014 form seems to be lost again. Then , i resubmitted copy of documents again.
3) Went to POE office(CBP) locally to check on any updates and they said i have to talk to USCIS for any issues.( USCIS customer care asked me to visit CBP office).
4) In Feb-2015, Opened a ticket /request with Ombudsman and they said i will be assigned a office to check-in my issue which i am still waiting
5) I called USCIS last week and they have no updates on my Green card status as of now.

What options do i have to get physical green card ASAP? Do i need to visit some other office ? I have to travel internationally for business but holding on to that plan to avoid any issues at airport.

Subject : Change of status from F1 to H4, to receive EAD

My current Status
- F1 since Dec 2013
- I-20 Valid until Dec 2015
- Spouse on H1B, valid until 2017, his I485 filed before marriage, with EB2 India Feb 2010 priority date

Question 1 :

Is it possible to file a change of status application (From F1 to H4) while in US, along with a request for EAD application, after May 26, 2015 ?

If that’s possible, how long do you expect to get an approval for H-4 and receive EAD ?
- Approx. 4 months (as is for a normal change of status) or
- Approx. 7 months (4 months for change of status plus 3 months for EAD) ?

Question 2 :

Should I do a change of status (F1 to H4) while I am in US ? OR
Should I go to India and appear for visa interview for H4 and then re-enter on H4 status ?

Question 3 : (The bigger question ?)

With India EB2 priority date now at Apr 2008, and my spouse priority date being at Feb 2010, should we

- Do a change of status from F1 to H4 now ? OR

- Should we hope that dates may become current around Sept 2015, and directly file for my 485 ?

Question 4 : (Related to Question 3)

- For my 485 filing and approval, which status is better to be in ? F1 or H4 or it doesn't matter?

Thank you, for your time and responses


Staff member
Hi Monica and Anna

My questions are as below

1) I have my H1B visa stamped.Petition filed by employer A. Visa stamped in Dec and am still in India.
Employer B is interested in providing me a job but states you come to US and upon enetring US do not work for employer A and he will have my H1B transferred/ported without any pay stubs.
My question is
Is employer B genuine . Can employer B file a new petition without any paystubs as I will have just entered US and would not have worked with employer A.
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My I-140 is approved 8 month ago and I am on H1-B Visa and it is valid till March 2017.

I am planning to change my job and I want take all the required steps, so that I will not lose my priority date.

I am sure my present employer will revoke my I-140 and how I can prevent my old priority date ?

can you please tell me list of document I must have before i will leave my first employer.
What all document I must have with me?

How I can get I-40 petition copy ?
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