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Registered Users (C)
EAD to H1b

I am currently working on EAD having switched employers using AC21 in Feb 2007. Since I have an approved i-140 and an i-485 pending since 3 years, can I apply for 7th year h1b extension and bring my spouse into US on H4 ? Will I be subject to the H1b quota / cap ?

I know my H1b expired when I start working on EAD. I can recover about 6 months from my original 6 year H1b limit since I was out of US.

Lastly, is the minimum stay period in US for GC holders 6 months or 1 month in a year. I want to put some rumors to rest.
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Getting married to a GC holder, parents applied for GC

My sister is in India and I am in USA on H1. Our GC parents(got last year) applied for GC for my sister(over 21) in India in Feb 2006. The current date for this category is Feb 2005. For last 1.5 years the date has not moved. My sister is getting married to a GC holder. How can she come to USA? Since her immigration is filed, would that cause problem for a visitor visa? What documents would it require to get Visitor visa without any problems? Any idea when the category would move? What is causing it to delay?


Registered Users (C)
I-140/485/AC21 Question


I work for copmany A on H1B visa. company B offered me a future job and Applied I-140 with the substitution labor with priority date APR 2004 in EB3 on July 12th, 2007. I have not worked so far with copmany B.

I have the follwoing questions.

A) if I apply now I-485 as priority date is current till Aug 17th, and if I-140 is approved which is filed by copmany B and I-485 is pending more than 6 months , can I continue to work in compnay A with out joining in company B using AC21.

B) if the company B revoke approved I-140, still can I use priority date of the approved I-140 . if I can use it , how can I get the approved copy of I-140 if company B is not willing to provide me a copy of approved I-140.



Registered Users (C)

Company A offered a future job and also applied I-140 with substitution labor. They also suggesting me that they are going to apply PERM labor while the process of I-140 with substitution labor is going on. They are telling that if incase I-140 with substitution labor is denied , still they can port substitution labor prioirty date with the new PERM I-140 application . can we port substitution labor priority date with new perm I-140 application though substitution labor I-140 denied after July 17th, 2007


Registered Users (C)
Hi Rajiv,

I have filed 140 and 485 (not concurrent) from a company for future employment (PD Dec 2004). I am not sure if I140 will get approved as I am not sure about the financial capacity of company. I am working with a very big company right now. I am filing for PERM and then I140 from this company. Assuming premium processing (i140) is allowed again can I get my new 140 approved and replace the old I-140 (for 485) with the new one?.

This way then I do not have any connection with the small company?. Can small company in any way create any issues?.


Registered Users (C)
Hi Rajiv,

My company is filing for my 1-485 but not for EAD and advance payroll. They are saying it is not good to switch on EAD status because if my I-485/GC gets rejected then I will have to go back to my home country immediately if I switch from H1-B to EAD status. I have H1-B valid for next 3 years and company it is saying better to remain on H1-B status till your GC is approved as I can file on another GC on H1-B status if there will be any problem with current GC. Now my queries are:

- Is EAD and Advance payroll must be applied together with I-485? Or Can these be filed independently after I-485 is applied?
- Can I file EAD and Advance payroll by myself (without going through employer) if I have I-485 applied?
- What is advantage and disadvantage of going on EAD status verses of H1-B status? What is more advantageous if I have H1-B valid for next three years.
- How many days in advance should I apply for advance payroll if I have to go to my home country ( India) after converting my status to EAD?
- If my 485 is applied then do I need to take advance payroll even if I am on H1-B status?

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Registered Users (C)
Hi Rajiv,

Could you please clarify me on this one. I have applied my wife’s and my I-485 application on July 2nd 2007 and my wife went to India on July 10th 2007 with a valid H4 visa. But the visa bulletin became current on July 17th . Will our application be consider as July 2nd or July 17th . I really appreciate your answer.

Thank You
Citizenship - continuous stay question

Hi Rajiv,

It has been more than 5 years since I got my GC approved and I want to start with my citizenship process.

I have a question on my physical presence here in this country. I got my GC approved on March 2002.I was living here in this country until Mar 15th, 2006(more than 4 years) and left to India to work for my US company. Now I am back here in US for good, I have visited US once in Nov 15th, 2006 for about 10 days and then I came back on Jul 11th 2007, hence I have break of 8 months each between Mar 2006 and Jul 2007. I am not too sure if this is an issue, if so, can we do some thing for it?

Thanks a lot.


Registered Users (C)
I140 and H1B

Hello Rajiv,
Thank you for the great service. My questions:
Can USCIS initiate I140 revocation on it own, due to employer copy of the I140 was undelivered by post office? Even in the cases employer address is same as the job location mentioned on LC.

Can person still take 3yr H1B extension even after I140 is revoked? What happens if the H1B filed before I140 revocation request sent to USCIS?

Company A H1B is valid until Mar/2009. Transferred from Company A to company B, got approval till 2010. If person move to C, before Company C file h1b and company B revokes, does it impact on my company C H1B approval?.


Registered Users (C)
Ability to Pay in Context of AC21

hi, My I-140 got approved on a sub-LC with PD in early 2003 recently and I-485 got filed on july 2nd. Yet to receive the receipt. I have not yet joined the company:

My Questions are:

- If I use AC21 I-485 Portability, does the new employer have to show ability to
pay in 2003. I think not. do confirm
- If I use AC21 I-140 Portability (since I want to make the underlying labor a
perfect match), does the new employer have to show ability to
pay in 2003. Do i need the approved I-140 petition (I-797) for this or is
Receipt Number sufficient.
- If I file a new labor and file I-140 to port the priority date,giving the
reference of the previous I-140 and after this filing the
previous I-140 gets revoked.Does the PD still get ported?
- Is there any specific period of time for which i need to actually work for
this employer during the 180 day period following I-485 filing. If I were to
work for him for only 2-3 months would my case be denied or jeopradised.
- I would like to delay the adjudication of my I485 since I am still single and
would also like to replace the underlying labor. I have already sent my
medical etc .. If I dont give fingerprints, how long can I delay the
adjudication. Any other strategies for delaying adjudication?
- How can I get the I-140 approval notice. I have tried both FOIA request
and I-824. FOIA request is stuck in a very long queue and I-824 got denied.
is there any other way that you can think of? Do I need I-140 receipt to
invoke AC21 I140 and I485 portability or is receipt number sufficient?
- Is it possible that my prospective employer could have filed labor substitution
for a different candidate using the labor already substituted for me without
revoking my I-140, since my LIN No. still shows approved. Could he be waiting
for an RFE on the newly filed I140 before revoking mine ...Is this considered
fraud or could he potentially pass it off as human error/ forgetting to revoke.
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Hi Rajiv,

I am on an L2 visa and my husband on an L1. Our visa expired in June 2006. My husband's company applied for extension while we were here in US. We now have I-94 stamped till Aug2008. On this I-94, I got an EAD till Aug2008. Can my employer now file for a green card for me and my family based on employment.
I would appreciate your answer.
Ramifications of Missing the Boat of Priority date 'Current'

Hi Rajiv,

I understand there will be lot of people, who might have missed the boat of priority date current for several reasons.

In realtion to this, I have few questions. Please clarify.

1) The only option left for these unlucky people is to follow the process freshly thereby carrying the future date as the priority date and now there will be lot of applications floated with I-485. Considering this, what will be the duration you would envision as fas as the direction of the priority date going forward?

2) Those who have the priority date of future date ( after August 1 st 2007) , how long do you think they may have to wait before they will be able to file for I-485?

3) I read that once the labor and I-140 are approved through one employer, employee can change the employer with the possibility of carrying the priority date except that the process needs to be started afresh. What are the scenarios where labor PD cannot be carried over with new application? Moreover, is there any limit on number of employers that one can switch on this, for ex, if I have I-140 and labor approved for Employer A, can it be carried forward the same PD if i start the process again first with B and then C?


Registered Users (C)
Hi Rajiv, Thanks for your service

Q1: what is interfiling? I have 2 I-140's pending with two different companies one with my current employer and also i have applied for I140/I485 concurrent filing through my future employer on july 2nd 2007. Can I use interfiling if my I- 140( and 485 applied) applied through my future employer gets rejected as I don't know about financial position of my future employer after my I-140 filed through my current employer gets cleared as it is big corporation.

Q2: Can i file a second 485 when my first I140/I485 concurrent application (with my future employer) is pending without receipt since 2-july-2007.If i can file a second 485 application (with my current employer), should i withdraw one of the 485 applications.What are the risks involved in filing two I485’s. I am hearing that if we file two I485's USCIS will generate two A numbers which will lead to complications in security clearance etc
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I am in my eighth year of H1B and my wife is on her 4th year of H1B and I applied for I140/1485 and waiting for my EAD, I want to work for two companies using EAD both similar jobs and have I140's applied in both companies but only one I485 applied. If my green card gets rejected for some reason can i move to H4 status as a dependent for my wife and later move back to H1B.

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Registered Users (C)
8th year H1

Hi Rajiv,

Thanks for this great service !!

I got my 7th year based on RIR pending, it is still pending at backlog center. Mean time my perm got approved and my lawyer filed 140/485 last week.

Pl. tell me, based on what i'll get my 8th H1 extension? what happen if my RIR pending got rejected??

485 approved but spouse still on H4

July 19th recvd email 'Card production ordered'. Filed spouse 485 on
July 23rd. Could not file earlier as CIS was not accepting application
till primary's PD is current. I was married prior to my filing and spouse
is on H4 valid till 2009. So far haven't recvd any physical
correspondence from CIS? Will this be any issue? What are my best options incase?
I-485 reached USCIS on July 2nd

Hi Rajiv,

USCIS has received my I-485 application on July 2nd. I am not sure if I am in the pool of applicants whose applications were returned back in the first week of July. So far, I have not recieved my application back and I did not get any receipt for my application yet from USCIS.
My question is, what happens if I get my returned package from USCIS after August 17th? Would I still be able to reapply after August 17th by showing the UPS tracking receipt for July 2nd and that USCIS rejected it based on the revised July Bulletin?

Thanks in advance.
TN,apply I-485, without 30 days residency fraud

Hi Ranjiv,
i have TN visa and daily commuting from windsor canada to detroit. If i apply for I-485 without completing 30 days residency in US, any how i can not complete 30 days till aug 17, 2007. Is it considered fraud because TN does not have dual intent.

Thanks in Advance
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Dear Rajiv,
Thanks for your service and valuable advice. I urgently seek your advice regarding a out of stay issue for my 485 filling.

I had entered US on a L1B visa in Aug 2000. My I94 was expiring on July 24 2003. My employer applied for extn on July 19th 2003 But the received date is displaying July 27, 2003 whearas my I94 expired on July 24 2003. Unfortunately this extension was denied after an RFE to show how much salary increase was done as my status change was requested from L1B to L1A.
But the extension denial came in on the 179 day (19th Jan 2004), so although I immidiately left US(25th Jan 2004). But it was still 185 days after the expiry of my I94.

I returned back after a month with a new valid L1A visa/stamping and has been in status since then. My new L1A was extended. Then I changed status to H1B and changed job. Again I went out of US and came back with the new H1B stamping.

1. Would my stay in US durring that period ( 25th July 2003 - 25 January 2004) after my expiry of I94 till I left the country, be considered as out of status stay?

2.Since I had left US and returned with valid visas has my out of status stay being muted or will this cause a negative issue in my 485 process?

3. If it would create a problem in I 485 process, please can you suggest any way I can be saved?

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