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Re: Problems with my I-131 and RFE

Hi Rajiv:

I filed for my green card (through marriage with an US citizen) application in July, please can you help me with the following questions:

Here's my filing status:

6/17/08 Got Married
7/11/08 Mailed I-485, I-130,I-765 to Chicago
7/14/08 USCIS received documents
7/20/08 - 7/22/08 Receipts for I-485, I-130 & I-765
& FP notice (for 08/09/08)
7/29/08 Mailed I-131 application
08/05/08 Received Receipt for I-131
08/08/08 Received email that RFE for I-485 has been sent out
08/09/08 FP for I-485 & I-765. Even though I already have the receipt
no. for I-131 but the immigration officer said that I will be receiving
another notice for another fingerprinting for I-131! I have not received
that yet.
08/18/08 Called USCIS Helpline regarding my RFE since I have't received
it yet. They said that I need to wait 15 days before I can call to ask
for it re-sent to me.

1. My paralegal warned me not to file for I-131, he said that it could
cause problems. I still filed for it anyway later on. It seems that
after I received the receipt for I-131 (08/05/08) that later on
immigration sent out the request for further evidence for my I-485
(08/08/08). Could that be the case?

2. My paralegal told me that as soon as I receive the receipt for I-765
that I could start working immediately. However, today I called
the USCIS helpline and they said that I have to wait for the actual
EAD document to arrive before I could start working. Has anyone's
lawyer/ paralegal also told them that they could start working as soon
as they receive the receipt for I-765?

3. When I went for my FP for I-485 and I-765, the immigration officer
there told me that if I want to request for expedited processing for
my I-131, then I need to visit the local office (Los Angeles) and
reapply there personally myself. Otherwise, it would take 3 months
before I'm granted my Travel Document. Would I be able to go to the
local office and reapply for an expedited processing for my I-131?

4. I tried to make an appointment with InfoPass but all the dates are just
blocked and I am unable to make an online appointment with my local
office, what should I do?

Thank you so much!



Registered Users (C)
TSC/NS is not approving EB2-NIW (India) cases, Why?

Hello Rajiv Ji,

USCIS Texas service center has been approving some EB2- LC (India) based cases having PD of 2006. Also many having PD Oct-Dec 2005. However, they have not approved any EB2-NIW (India) cases with a priority date of 2003-2005. I am aware of my friends having pending EB2-NIW (India) cases since 2003, 2005 and 2005. Why TSC/NSC are not processing EB2-NIW category I-485s at all. This is per www. approval posting/record.

Hello Rajivbhai,

This is hiltop from NJ; I am thankful to you for your kind help.

Well I came here on green card in May 2006 and it happens to me 2 years that I am here. I am married in Jan 2008 and brought my spouse on Student Visa in Jan 2008.

I will become citizen probably in 2011-2012 as I finish 5 years.... Now I wanted to know, how should I proceed for my wife's adjustment of status as she is on F1 here. ...;

What are the problems could come if I file for her as being on PR... Shall I wait till I become US Citizen....

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Registered Users (C)
L1 to H1 Doubt

I am currently Working for A on L1B visa. I got H1B from B. But I would like to continue on L1.

Please Guide me how to do this. Can I go to Canada/Mexico to retain L1? If yes, what docs I need to carry.
I 140 denied twice

Hi Rajiv,

First of all Thanks for your Help.

here is my case.. It is rearding my I140 Denial. Denied twice.

I am on my 6th year of H1. 11 more months remaining on my H1.

I140 Denied first time on 05/05/08 -
I140 was efiled and sent the documents along with I485 papers. I140 denied saying "missing Initial Supporting evidence". I485 status still pending even I140 denied.MTR filed on 05/27/08.

I140 (Motion) Denied secondtime on 08/11/08
Received Denial notice which states that "A notice was submitted on 06/23/08 stating that additional evidence was required but no response was received so far. " and hence they denied the petition and motion and even I485 . But neither my lawer nor my lawer received the notice asking for additional evidence.

Lawer is going to file an MTR again.

1) Do you think my I140 will get Denied again? what are the chances of getting denied again? Since we did not respond to the USCIS additional evidence notice which we never received?

2) If my I140 is denied again. do you see any risk if i remain with the present employer as I have 11 more months on my H1B.

3) do you think if it is a good idea to move to a new employer and start a new Labor while the current MTR is filed with current employer ?

4) what would you suggest? to remain with the current employer or to move to a new employer and start a fresh labor ?

hello rajiv
good to see u help many across the country. here is a very serious situation . i came to the u.s 10 yrs back on an F1 and since been out of status for 6yrs what best can i do and is there any hope. waiting for your words.

need help with item no 13 and 14 on application for EAD ( I 765):

14.manner of last entry:
15:current immigration status

p.s i still have my h1b valid until oct 2008. i entered us on advance parole in august 2008. I have my EAD which expires on march 2009.

pls advise whats the best answer for 14 and 15.

on my I 94 it says DA- AOS


Registered Users (C)
Even I'm in same boat. I have started company on my eAD and working for my own company as consultant.

Dear Rajiv,

I'm on EAD and I'm planning to start my own consulting company and want to work for it. Is there any negative consequences that affect my ongoing GC process? and What procedure should I follow to retain my GC process.

Thanks and Regards,
H1b visa denied


I applied for H1b visa on 1st April 2008 based on my MBA and my convocation was on 26th april 2008, semester completion was 24th april, 2008. At the time of filing H1b visa I had attached a letter from my Graduate Director that I will be graduating on 26th April 2008. (OPT stared june 08)

My h1b application which was selected in lottery got denied based on my letter from the Graduate Director mentioning 26th april, 2008 without getting any RFE.


1. Should I apply for Motion to Reopen or Motion to Reconsider or Appeal if I get a letter my University mentioning my requirements completion before 1st April 2008?

2. If I apply for MTR /Appeal will the decision of it be before 1st April 2009 so that if i do not succeed in MTR it will not cause any problem in next year filing of visa?

Thank you Sir,



Registered Users (C)
Re-enter United States from Canada after expiry of I-94 on a Multiple Entry Visa

Dear Rajiv,

Thank you very much for this valuable service. We really appreciate it.

My parents-in-law are visiting us in the United States from India. They have a 10 year multiple entry visa expiring in 2015.
They entered the United States on May 25, 2008 and got permission to stay for 6 months till November 24th 2008, as indicated on their I-94 forms.

Their older daughter lives in Canada and they are visiting her currently. They entered Canada on July 18, 2008 and got stamp to stay in Canada for 6 months. Their I-94 was not collected at the border crossing when they entered Canada. They are planning to stay in Canada for 4-5 months. This means they are planning to return to United States after
November 24th 2008, that is beyond the date on their current I-94.

My questions are:

1) Can they re-enter the United States from Canada based on their multiple entry visas after November 24, 2008?
2) If yes, can they request to stay for upto 6 more months?
3) If not, will they have to enter from Canada and leave the United States before the exipiry of the I-94 on November 24, 2008?

Their return flight to India is from Chicago.

Please advise.


Registered Users (C)
Greetings Rajiv,

Many thanks for this service. My (H1B) and my spouse's (H4) expired in March 08.
* Company has filed for my H1B extension but forgot to file my spouse's H-4 extension at that time.
* They did file a H-4 extension once the error was realized, the duration between expiration of visa stamp & notice date (reciept from USCIS about recieving H-4 extension) was 10 days. So my spouse was out of status for 10 calendar days.

* Spouse's H1-B was filed in MS quota & she has received her I-797 A, COS (change of status) was approved. However her H-4 extension petition is still pending.

1. Does H-1B approval (I-797 A) auto-magically invalidate the H-4 extension that was filed ? Does approved COS (I-797 A) indicate that her pending H-4 extension petition was cancelled ?

2. Would there be any correspondence intimating us about the invalidation/cancellation of her H-4 ?

3. Since she was out of status by 10 calendar days for H-4 filing lapse, can she go to Canada/Mexico for new visa stamp (H1-B) or does it have to be India (country of residence) ? as we need to travel to India in mid november.

Please advise.

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Registered Users (C)
Dear Rajiv,

Thanks for the incredible service. Would appreciate if you could help me clear this doubt:-
1. I am on J1 visa and recently got the approval for H1 to work from Oct 01. I have got the new i-94 as well. I understand that whenever I will be travelling outside of the country, on return, I have to get my passport stamped with H1 visa. Is there any way that the stamping can be done by residing here in US or is it only done outside of US?

2. I understand that I can work for one company on H1 but simultaneously can apply for jobs in other companies if I would like to change the company. Is it that at one time only one company can file for my H1 transfer or Can I have H1 transfers approved from diferrent companies and it would be up to me for which one to join?
Thanks for the help.

I came on a J1 visa, a couple of months ago. My J1 category is trainee where the maximum duration for visa is 18 months. I am not comfortable in my host company and I asked my sponsor company that whether I can change the host company or not. My question is that if the sponsor company is not cooperating for the change of the host company then can the change of the host company be done from some other sponsor company?
P.S: The change of the host company would be under the same program type.
Thank You.
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