Questions Closed for Conference Call on Feb 22, 07

Not open for further replies.


Registered Users (C)
I am curently waiting for my Labor Approval EB2 (TR) from Michigan Dated Feb 2002. Assuming my labor is cleared in the next few months,

1) Should I do Premium I-140 processing?
2) Is Consual processing faster or should I go with the 485/EAD process? I want to get my GC faster and I heard that the FBI check can take a long time in the 485/EAD process.
3) How long does it take with the CP and 485/EAD process.

Can you please let me know.



Registered Users (C)
My wife is on H1B and I’m on H4. My wife had her first H1B stamped in India. Both our visas in the pp have been expired over 12 months. But our approval notices (I-797) have been extended until September 2008.

1)Can we go to Canada to get our visas stamped or do we have to go back to India for stamping?
2)My wife has a 4 year Bachelors from India. Will the fact that she does not have a US degree be a problem if we go to Canada for stamping?

Thank you so much for your time and effort!
How long does it take for PERM denial appeal

My perm refiling was rejected by Atlanta PERM processing center in September 2006 because my attorney mistyped the date of prevailing wage determination. The attorney filed the motion for reconsideration immediately after the rejection. Now 5 months have passed and we have not got any feedback from DOL. My RIR priority date is September 2004. The new PERM is an identical case in order to to retain the priority date of RIR. How long does it take for PERM denial appeal? What can I do to expedite the process? can the employer call DOL? can we contact AILA?
Thanks in advance!


Registered Users (C)
Advanced parole with I-140

I am on a F-1 from India. My F-1 is valid for 2 more years. I have an approved I-140 NIW and waiting to submit for 485 due to retrogression.
Can i travel to India for few weeks and return without an advance parole? If I need to apply for AP, I shud file 485 also, which is not possible now, so what are the options to travel now?
I will continue in the program when I return.

Thanks for your time and service.


Registered Users (C)
I have filed the Eb3 I-140 with PD OCt 2001. I have got a EB2 I140 with (substitute labor) approved with PD Nov 2005.
What are the possiblilites to get I-140 approval under EB3 ( Mine labor) ?

if EB3 l140 get approved can we file 485 ?

Can we file 485 under EB2 ? take the PD of EB3 to EB2 ?

please give the direction which way we should move

or we have to wait to get EB3 date current and file 485 ?
Last edited by a moderator:


Registered Users (C)
***** EB3 TO EB2 conversion with Priority Date from Old-Employer's EB3 case. *****

I will be enterning into 6th year of my H1b in March 2007..
I got my EB3 category I-140 approval in the last week with current employer..
but i am having really tough time with current employer .
so i am planning to change my employer and filing a EB2 case with new employer ..

Can i do that ?
Can i use my old Eb3 case(with old employer) Priority Date with my New Eb2 I-140 ?
Is it safe to change employer in 6th year ?
Can i get 3 years extension with my old employer 140 approval ?

any suggestions or help greatly appreciated ..

Last edited by a moderator:


Registered Users (C)
Hi Rajiv,

1. Can a contract position qualify for porting the job using AC21 (w/o full time permanant offer)?
2. If the employer pays by hourly rate, will it have any issue with AC21, even it is a full time position?
3. My prospective AC21 employer says there is no "permanant" job in USA. All jobs are "at will" . Will this kind of offfer letter has any isssue in AC21?


Registered Users (C)
L1 visa holder going on leave without pay

Dear Mr. Khanna,

I am a L1 visa holder currently working on a project in USA. I am applying for a H1B through another company and will be joining them after October 2007.

In the meantime, I have some personal problems due to which I need to take 5-6 months off on unpaid personal leave. I will still be an employee of my company.

My question is, can I still remain in the USA in valid L1 status, if I take unpaid personal leave. If so, is there any procedure/documentation to be followed? Will this personal leave on L1 visa cause any problems later on during my H1B or during my green card processing.

Thank you very much.


Registered Users (C)
Q? about I140 timings and escalation

Hi my I140 (EB3) has already crossed the processing times of NSC what they claim. After 30 days of that, my lawyer has already inititated the query with them. After query its already been over 30 days.....
Since I140 filing there hasn't been any LUD change at all (except just once 7/22) what if they don't even respond to query.....What is the next escalation path to get any clue of whats going on with my pending I140 doesn't show any thing except that they received my case on date such_and_such....which is what they are showing up since day one.

any clue on which direction I can proceed to ?


Registered Users (C)
L1 to H1B where L1 I-94 expires before Oct 2007

Hi Rajiv,
Currently I am on L1 with company “A” and my I-94 is valid till Aug 31,2007 and I am planning to apply for H1B with company “B”. I contacted one of friend and he intern contacted some advisers and they suggested like below

1) I can apply for H1B in April 2007 with out change of status (new H1/counsiller processing)
2) Assuming H1 gets approved in July/Aug/Sep
3) Company “A” will apply for L1 extension June/July and it gets approved Sep/Oct
4) After getting L1 extension, file amendment for approved H1B, after amendment approval I can start working for H1B company without leaving country

Is it possible/legal to do this? in which situation we go for amendment ?

Or what is better method to apply for H1B and start working for it (after approval) without going out of the country. Your help is appreciated..

Thank you..
Last edited by a moderator:


Registered Users (C)
I94 issue

Hi Rajiv,

Thanks for your outstanding service to community.

I applied the H1 in May 2005 with company B while I was in US workin on L1 with Company A. I got the H1 approval in August 2005 with new I94 attached. I went on vacation for two week to India in Dec 2005. I hand over my old I94 but did not handover new I94. Again I came back to US on L1 visa with out H1 stamping and at POE officer gave me got new I94 based on L1. After two month I change my company from A to B. After working with company B for more than 10 month and planning to change company C. Will there be any issue when I will transfer my H1b to company C? I don't know whether COS will cause any issue?

Thanks for taking my question.



Registered Users (C)
Attorney's License Revoked -- Will this cause problem for H1-B stamping

Hi Rajiv,

I have a very strange situation and need your help.

I have a h4 visa till last year, i got an job in a product based company and company has filed H1-B for me. I am planning to go to mexico to get my h1-b stamped. But there is problem, i came to know thru my employer that my attorney's (who filed by H1B) license is revoked last week. So i am in a dilema as to whether this cause any problems when i go for stamping.

I checked the forum for similar situations but found none. So please give me your suggestions/advices regarding my situation.

Thanks for your help.


Registered Users (C)
Does H1B stamping cancel all other contemporary H1B approvals in hand

Dear Rajiv Jee,

I currently work for a university on exempt H1B on my second term which expires in June 2009. This H1B renewal was filed in June 2006. In the second week of February, 2007 I went to Mexico to get my renewed exempt h1 visa stamped. As my plans are to transfer to a consultancy company H1B (non-exempt), I had a consultancy file my non-exempt H1B (under advanced degree quota) in July 3rd week, 2006 with a start date in January 2nd week, 2007 expiring on the same date (June 2009) as my current exempt H1B. But to my surprise, some one told me that when I got my exempt H1B renewal stamped in last week, it will automatically void my consultancy h1B approval as the start date on that was prior to my visa stamping date (in January, I had both H1B approvals in hand - i.e. as of my visa stamping date I had both exempt &non-exempt H1Bs valid with start dates prior to visa stamp date). I did not take my non-exempt H1B approval - I-797 to visa stamping. It is still with my consultancy company. The consulate officer did not ask me anything about my consultancy H1B approval.

Can you please tell me, if my non-exempt H1B is still valid and if I can go work for that consultancy in next couple of months as I planned earlier?

Or do I have to go for visa stamping again with my consultancy H1B in order to start working for them? If yes, what are the odds of getting my visa stamped as I 'd be applying for two H1B visas within a span of couple of months?

If I can work for the consultancy without going for stamping, will I be able to go in and out of USA with the stamped visa (exempt H1B which is valid till June 2009) till it expires?

I am in a big confusion and frustration about this, please advise me on this.

Thank you very much for your time and help,


Registered Users (C)
Transfer of H1, that has been 221(g)ed, and never used

Hello Rajiv,

Thanks for hosting this call. My name is Somasekar, and I had opportunity to ask for your opinion on H4 stamping for my wife in your earlier call, and it was of great help.

My wife was here in US on H4, found a company that sponsored H1. Then she had to travel to India for family emergency before she could start working for the company. The H1 stamping interview resulted in a 221(g) for the company documents. After waiting for couple of months and not knowing when the 221(g) related documents from the company would be sent, after much thought and based on your suggestion she did go for H4 stamping and the interview was smooth, and we are waiting for the passport to arrive in mail.

Now my question is about whether the H1 that got 221(g) issued is of any use. I understand with the new rule it is possible to change status between H4->H1->H4->H1 using the first approved H1 itself, and there is no need to wait for a new H1 from the yearly quota in order to change status to H1 from H4.

Now after returning to US on H4, if she finds an employer who is willing to hire her
- can they file a H1 transfer using the H1 that was approved last year from the 2006 quota?

- In case if it is possible to transfer the H1, given that this H1 is in limbo because of the 221(g) on the company, what kind of issues we can anticipate? Some I can think of, but not sure are:
1. H1 transfer with no I-94
2. She could be asked to go to home country for getting the H1 stamped before starting to work

- or do they need to file a brand new H1?

I am trying to do the ground work so in case if she decides that she wants to work after coming to US, we know our options and what we are dealing with.

Thanks again!


Registered Users (C)
FBI name check delays

Hi Rajiv! I just have a general query- What are the immigration attroneys/AILA doing to pressure the USCIS about expediting the name check procedures? I know that it is not the USCIS's responsibilty and they put the blame squarely on FBI. But is the immigration community doing anything to atleast voice their concerns to USCIS so that they can take up the matter with FBI? And what can we do as applicants to help our cause?
Can a Employer file Labor without being on H1

Hi Rajeev
Thanks again for hosting such a great call.

Right now I am on EAD Status. I am planning to join a new company. just as a Back up I am thinking to ask the new employer to file a new labor and do I 140.
So , my doubt is that can the new employer just file the labor without doing the H1 or do they have to first file H1 and then file the labor certification.

Thanks again .


Registered Users (C)
PD Porting question.

1) I have an approved EB2 / I-140 with PD of 2006 from company A.

2) I have an approved EB3/I-140 with PD of 2002 from Company B. This was approved after above.

What I understand is now Company A can file for my 485 like below.

In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date 2002.

My question

1) Is above procedure correct?

2) Is there a Need for filing another I-140 by company A
for porting the priority date of EB3/I-140 to the EB2

3) if there is a need to file I-140, can this I-140 and 485 filed concurrently?.

4) if I-140 needs to be filed, can it be in premium processing since Original labor is with USCIS .

Thank you Sir for answering these questions.


Registered Users (C)
Question on H1B and on AC21

Hello Mr. Rajiv,

Thanks for your great service!! I have two question...

1. My nephew is doing his MBA and will be completing MBA by March 2007, at the same time he is taking professional training in SAP which is more likely Technical cum Functional Job..He has heard from his company that if you have done MBA and filling the H1B on technical behalf could cause an issue. His company told him that USCIS is working to make this a law where if you are MBA then you can apply H1B for only Management Job NOT for technical job.
He has done BCom from India and there is a 2 years of gap between Bcom and MBA. Please suggest me how we can avoid this issue. He will be filling his H1B in beginning of April 2007!

2. Currently I have been working on EAD card for past 3 years and my I-485 also pending for 3 years. I am planning to join another company and probably I will be joining them as Team Leader cum Manager and in my Labor the job title was System Analyst. Will this be an issue? If I can take the some type of letter from new employer which may have similar job title and description would that be enough? Also Is AC21 is compulsory to file, can we wait if yes how lang can we wait? My PD is July 1st 2003, EB3 India category, been here in this country since 1998!

Thank you for taking time on this!

Thanks & Regards
Last edited by a moderator:


Registered Users (C)
File new EB2 Labor and RETAIN current (EB3) Priority Date ?

Hi Rajiv:

Scenario: Pending 485 based on a EB3 substituted labor and approved EB3 140 (approved in early 2004 !) -- 485 pending since June 2004 - so way past the 180 day limit.

Can a new PERM EB2 labor be filed (by a DIFFERENT or SAME employer) for the same person ? Can the old "approved" EB3 Priority Date be attached to this new EB2 labor ?
(Can the PD be migrated to the EB2 - if so how is this done ??)

BTW, the applicant qualifies for EB2 as of the old PD.

Any known risks with this ? Would it negatively affect the pending 485 or the EB3 140 in any way ?

Thanks for your help !
Not open for further replies.