Conference Call on July 24, 2008 - recording now available

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Registered Users (C)
Dear officer,
I had rejected H1 visa(2007), now i want to apply for F2 visa(since my husband is on F1), meanwhile i want to start the transfer of H1 to a different employer, and then go for f2 stamping(since there are no dates for f2 until august) question is if i start the h1 transfer will it affect my f2 stamping(since they might question the intent of me going to US)....or will they not have knowledge about transfer until i go for H1 stamping....please advice......


Registered Users (C)
Dear officer,
I had rejected H1 visa(2007), now i want to apply for F2 visa(since my husband is on F1), meanwhile i want to start the transfer of H1 to a different employer being in India, and then go for f2 stamping in India(since there are no dates for f2 visa until august) question is if i start the h1 transfer to a different employer being in India will it affect my f2 stamping(since they might question the intent of me going to US)....or will they not have knowledge about transfer until i go for H1 stamping....please you think i should wait to get F2 visa stamped and then start the transfer or starting the transfer process will not have any problem when i go for F2 vis astamping.

Thanks a ton for the response....


Registered Users (C)
Dear Rajiv,

I am sorry for posting these questions again. I couldn't able to get the answers because the recording was not available.

I applied for marriage to a US citizen based green card on June 10, 2008. I have the following questions:

1. How long it takes to receive the EAD documents, approximately…..?

2. When do the FBI do the name check…? At the time of issuing the EAD documents or at the later stage (before the Green Card interview, after the interview etc.)

3. I got fired from company A on March 28th 2008. I am currently on H-1B visa and I think I am out of status. I am going to join company B in 2-3 weeks. Is there any way by which I can start working for company B without going outside the US and get the H-1B stamping…?

The one possible solution I am thinking was like this. I file for the H-1B transfer by regular processing from company A to company B and start working as soon as I file my application. The USCIS will take 3-4 months to get to my application and they might ask for RFE or accept the petition and don’t issue the I-94 card or deny it. By that time, I am expecting to get my EAD documents and start working on the basis of that and don’t worry about the H-1B petition approval or denial. I want your opinion on this. Do you think this is a good strategy….? Please let me know If you know any other solution.

4. Am I in authorized period of stay, after the filing of green card application, or I am still out of status.....?

5. I am enrolled in an university (part time) since January 2008. Do you think I am doing something wrong by still going to school on an out of status / authorized period of stay state....? Should I change my status to student visa....?

I would appreciate your help,


Registered Users (C)
Dear Rajiv

Some of the following may be repeat; nonetheless, I am trying to find some method in DOS moving dates in the VB.
-what is the usual way for the overflow from EB2 ROW i.e. does it go to EB3 ROW or EB2 (IN\CHI)?
-is there any indication (none in the VB; hence, asking if there is any through other sources such as AILA conferences, etc) of moving the PDs furthermore for EB2IN\CHI in the remaining month of FY'08?

Thank you.


Registered Users (C)

Hello Rajiv,

I will give a very brief case history and wanted to get your feedback on it and see what I should do:

- Filed for marriage-based I-130/485 in 2004 (very clean, straight forward case; never been out of status, no crime, etc...)
- Did all sorts of inquiries (InfoPass, calling, Senator, Congressman, First Lady, President, Vice President, etc) no response
- Filed for WOM in 2007 in MD; fought the case quite a bit with AUSA; they filed MTD, MSJ, etc...responded to all of that
- After sitting on the case for about 8 months, judge granted MTD and dismissed the case in March 2008
- Prior to getting dismissed, AUSA filed a letter in court saying FBI namechecks are complete and file transferred to B'more; got interviewed in March of 2008 finally (got grilled!)
- Got follow up RFE after interview; responded to it
- And now waiting again! Emailed officer (have his direct email) and he responded with a typical CIS non-response kind of thing (under review etc...)
- Made InfoPass a couple weeks ago; was told that file is going through review (who knows what type of review)?

What to do now? Don't know what types of checks these are and don't know what to do ????

- Re-start all inquiries again, congressman, senator, president, etc...
- Write to district director (suggestion of one of our immigration gurus on the forum)
- Do FOIA request to see what they are doing (Could take very long time)
- What else????? Ideas?



Registered Users (C)
consulate processing

Thanks for your help

My situation

I-140 approved EB-2 (NIW) priority date is July 07,unable to file I-485 as priority date is not current.Recently lost job and I am now planning to move back to India and work there.Wife working on H1b has filed I-140 (NIW) but pending approval and plans to stay in US.My future plan is to come back to USA after obtaining green card.


1) Can i file H-4 for myself and move to India so that i can come back to check with my family as and when needed.

2)Can I file for consulate processing (I-824)do you foresee any problems.

3)Any other suggestions.

EAD or H1B?

Hi Rajeev Ji

I am currently in my 4th year of H1 and I recieved my EAD over 6 months ago. I was filed as an EB3.

My question is, I have been advised that if I move to my EAD at this time, and if God forbid, something happens to deny my AOS, I still have 2 years of H1B left - which would mean that I can still get an H1 transfer and stay in the country for another 2 years in which I can file appeal against the AOS decision or file a new case altogether vs. work on my H1 and if God forbid, AOS is denied in the 7th year extension, then I would have no choice but to go back to India for an year. Which do you advise - to keep working on H1 or move to EAD?

1. Do you have to go out of the country to get a stamping if you get an extension or a status change?
2. If I have to get a brand new H1 in the above case, in case my AOS is denied, would I have to wait for the H1 to be approved to be able to work?
3. Will I need to go out of the country right away? or go out to get a stamping once the new (transferred) H1 is approved, to validate my H1?

Thanks & Regards!


Registered Users (C)
Frequent visit to US on B1/B2 visa.

Hello Sir,

I have 10 year ME B1/B2 visa. I came to USA first time in Oct 07. At that time I was given 3 months at PoE. So I went back to India in Jan 08, stayed for one and half months. I came again in March 08 and given 6 months at PoE. I-94 is expiring in Aug'08.
Now, I am wondering if i go back to India, say for one and half or two months, and come back in Oct'08, What are the chances I will get 6 months at PoE? Can my frequent visits to US cause any problem at PoE?

I have heard about a rule regarding how many months in a year a person on B2 visa can stay within a rolling year. According to this rule, a person can stay 6 months max in a rolling year. I am not sure whether this is true or not, any comment on this is appreciated.

I don't want to file for visa extension. Because I heard if extension is filed once then next time when you come again they give you hard time.



Registered Users (C)
My brother was a Permanent Resident. In 1999 he was arrested and later found guilty of transporting marijuana with intend to sell. He went on the run for almost 10 years. Meanwhile his Permanent residency expired in 2001.
In February of this year, he was finally arrested and he is now serving his time, 2.5 years. He also received notice that he owes $45k in child support. He’s trying to prove that he gave his kids two properties and cash payments.

With all of that, is it really possible for him to get his Permanent Resident card back?
Would one of his American Citizen children be able to file for him in the future? Does he have any options?

Thank you very much for your time.
H1 visa denied, will it cause any problem to 485 processing or at port of entry?

Dear Rajiv,

Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.

When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.

We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying

"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this, my company went through DOL audit recently because of a visa issue, Can this trigger?). I couldn't find this form anywhere, what is this form?

We have ignored this since we have EAD and AP. We are planning to travel next month and someone told that
its better to get an expert advice before travelling.

My questions:

1. Since we have EAD and AP, Do we need to worry about H1 denial?
2. We were planning to send an email to the consulate about the reasons for denial, Will it help? If it is not necessary we don't want to enquire on why it was denied?
3. Will H1 denial cause any problem to 485 processing?
4. Recently we have applied for EAD renewal, will it be a problem?
5. Will it be a problem at port of entry while entering on AP?

Please advice on this matter as we have travel plans next month.

Thanks in advance for your help.
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Registered Users (C)
H1 transfer while h1 Extension s pending

Dear rajiv,

V apply for H1 and H4 extension from employee A but our case s stil pending?how many months it would take?
in the mean time i'm planning to transfer to new employee,is it possible?can i transfer while my extension s pending?or what s the procedure?i'm in situation tat i have to transfer within tis month...can i able to do?
or any problem wil occur?

if i unable to get new employee v have to move to india,while our case s pending is it possible to return india?if v return what wil happen to our case?wil tey cancel our extension?

In h1 how many months can i stay in us without job?our old H1 wil expire on sep 30...since v apply for extension is it possible to stay?

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Registered Users (C)
Hi Rajiv,

I applied for green card in 2006 through marriage and was interviewed in april of 2007. At the time they ended the interview with this that they have everything they need and now they are waiting on my security clearance.

I did an inquiry through my lawyer back in december 2007 and received a response that its pending at third party investigation. I did another inquiry this july and received that my case is pending at third party review/ investigation agency.

1) My lawyer said your case is cleared from FBI and is on the move now. Is this true. even thogh we received the same response twice.
2) i got married in June 06 and i applied for conditional green card but now i am married already for two years. Does this remove the condition.?
3) What the best possible way i can do to speedup my process because my case is already been pending for over 180 days and still the response from CIS is not different.
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My brother is 16 now and he was born in the US so he is a citizen. My question is, when my brother turns 18, can he sponser my parents for a green card? And can he also sponser me?
Also, can we stay in the US while he is sponsering us?
Thank you for your help.


Registered Users (C)
Hi Rajiv:

I am currently on my 1st year for H1B. I am planning on making a trip to India in December' 08. My company is planning on starting my GC process in the next couple of months.

1) Should I wait for the the PERM to be approved before making my trip back home.

2) When I go for stamping in India, am I required to indicate on the DS156 that I have applied for the GC. I am probably wrong about this, but I've heard that until the I-140 is filed, we don't need to state that we have filed for permenant residency.

3) Will I have any issues in getting the H1B stamped since I would have already started my GC process? I understand that the H1B is seen as a dual intent visa but this would also be my 1st stamping for the H1B.

This is unrelated to the above topic.
My wife has 4 years of work experience after graduating from a US university and is curently on her 4th year of H1B. Her employer is planning on starting her GC process later this year under EB3 category. She has a masters degree but her job requires a bachelors.

1) Once she has 5 years work ex in another year can she move to the EB2 category?

2) If that is allowed, would she need to go through the PERM process again? Briefly, could you explain how this process works?

I140 denied

Dear Attorney,

My 6 years of H1B expires on Oct 19 2009.(I came to US in 2003). My company had filed for I140 thru substitution labour last year, but last week, got denial notice, and my company doesn't provide the reason for denial mentioned in the notice. I'm not sure if my company is going to re-appeal or file for a new labour before this Oct 2008, so as to file for an extension when my H1b expires.

I'm single, and planning to get married by this year end, Can I get the girl in L1 visa and I convert to L2 and continue working. If so, can I stay in US until my wife's L1 expires or I've to leave the country in Oct 2009. I'm not interested to file for a new labour thru the same current employer.

what are my options now.



Registered Users (C)
Dear Rajiv,

This is a question in regards to traveling while doing AOS. I won the dv lottery and I am considering doing AOS. Is it possible to travel outside the country in that period ? Is it recommended ? I am currently a F-1 student, in OPT for a year.

When does AOS really "begins" ? Is it when I tell KCC that I'll do AOS or later when my number becomes current ?

Thank you very much for your precious help.


Registered Users (C)
Unusual status change on an approved I-140 - Continued

Hi Rajiv,
I posted a question in the last conference call with the same title. To give a quick recap I am a July'07 AOS filer. My I-140 was APPROVED long time back and then its status changed to "This case has been received from the State Department with a request we review it." recently.

In my I-140 application either counselor processing was chosen or there is a mistake on USCIS part which marked my application as counselor processing instead of AOS. For this reason State Department has sent my file back to USCIS.

As you suggested I told my employer to call USCIS and fix the issue. My attorney still says that there is nothing to fix and he will not call USCIS.

My priority date will be current in August. As the current status of my I-140 is showing as review will my I-485 be eligible for approval?

Staus adjustment

Let me first thank you for your help to the community.

My question is about the status.

I had Denial of 485 and subsequent denial of H1 transfer (both by error).

For 485 I had file MTR and now 485 case has been reopened, I went out of USA and reentered in USA with newly transferred H1B within 180 days, what about my dependants do they have to go out of USA and re-enter to be "in status", or are they back "in status" since 485 case has been reopened?



Registered Users (C)
Life after 485 approval

Hi Rajiv,
This is my second question for this conference call.

How long a person should stay with his current employer (who sponsored his green card) after his 485 approval. I read in the forums that its at least one year just to be safe. Is this really true? What happens if the person leaves his employer early say in 4 to 6 months after the 485 approval?

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