Questions closed for Conference Call on Jan 25, 07

Not open for further replies.


Staff member
We are closing this thread for questions. A new thread will be opened for the next conference call.

Last edited by a moderator:


Registered Users (C)
Transfer of parents GC appl to Chennai

My parents are Indian citizens and arrived in the US on a visitor visa on August 7th, 2006. On September 28th, 2006 I mailed their application packets for a Green Card. Each application was mailed to the Chicago Service Center and contained the I-130, I-485, G-325, I-693 and I-864 with all associated documents. The only document I did not provide was birth certificates for each of them as we did not have one. Instead I pointed out their birthdates on the photocopy of their passports. Needless to say, very soon we were asked to send birth certificates which we got from the Indian Consulate in Houston. On October 24th, 2006 they were called to the INS office in San Antonio for fingerprinting. Since then we have not heard back from the INS.

My Questions:
1) When I enter their Receipt number on the INS Case-Status-Search page (, it tells me that their application is at the Missouri Service Center. From this forum, I found out that its called the National Benefits Center. However when I look up the dates for this site, it does not show dates for the I-130 or I-485. How can I tell what stage my parents application is at ?

2) My mother found out that she needs a cataract surgery. She prefers having it done in India. Instead of waiting in the US until their greencard is processed, my parents prefer to leave immediately for Chennai. How can their greencard process be transferred to the US Consulate in Chennai, India?



Registered Users (C)
H1 B and GC transfer on 7th year extension

I work as an employee of a consulting firm A with client B. Been working for the same client and consulting firm for couple of years and now the client wants to hire me. I have got my 3 year extension after completing 6 years on H1B as I have an approved I -140 with consulting firm A. I have not filed for I 485 as I belong to the retrogressed country.

My consulting company cancels H1B and I-140 when the employee leaves them and are not willing to make any exceptions.

1. Can I still transfer my H1B to a new employer and if yes how long will it be granted for.

2. Can I maintain my priority date when I file GC with the new employer.

3. If the cancellation of I -140 occurs ( not due to fraud but due to my employer wanting to cancel it) after the H1 transfer has been done to the new employee will the new H1 b be invalid when my current company cancels the H1B and I-140

4.What are the best options I have in this scenario and what should I be wary of

5. To transfer priority date to EB2 category from EB3 does the experience or qualifications required for EB2 have to be met as of the priority date.

For eg. If my priority date is Mar 2003 and my case was filed in EB3. Today I qualify for EB2 category as I have gained 5 years of experience.
If I transfer my green card to another company can I file for EB2 and transfer my priority date of Mar 2003 even if I did not have the 5 years of experience on Mar 2003 ?
Last edited by a moderator:


Registered Users (C)
complicated H1B

In summary I arrived in the US in January 2004 on a H1B and have worked with three employers since my arrival( e1/e2/e3)

when the employer #2 applied in may2005 it was filed under premium processing BUT that application was never approved it remained pending.i moved over to emplyer #3 in jun2006.

In October , 2006 I received a notification from the INS regarding my H1B application . the INS approved my application for E3 but refused "extention of stay "The reason given for the decision was that an application is still pending since May 2005 from e2 .The delay was due to “security check”

q 1 how can i expedite this E2 case which is still pending ( i have tried congressmen and infopass)

q2 can i workwhile my appeal is considered
thank you


Registered Users (C)
Hello Rajiv,

I am in my 7th year H1b, working at a client place, my company applied for Labor in March 2005 (TR), and recently in this month (Jan 07) we have converted to "RIR" and it is in process.

Now, Client is considering me for a full time employement. What should I do?
I know that I can only change the company after the 140 is approved, provided my company should not revoke/cancel the 140.

What are my options? Should I ask my client to request my company to let the GC process go on till the 140 is approved? or Is there any other option to consider?

How do I convince my client and my company?



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 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 !


Registered Users (C)
Hi Rajiv

I had my i485 interview in november 06. Everything went fine , when they were about to stamp the pasport , they said you are 3 days behind your PD for EB3.Told us to wait and they will mail us the GC's as soon as the PD comes current. Now PD became current in Jan 07. No card or any approval online. I have to go to India very urgently as my mom is very sick. I am getting a info pass and trying to get my passport stamped. If you can guide me what to tell them or something else can be done to expedite this process. I had also called VCS and put an inquiry. Please advice me what to do. I will really appreciate that.

with an Approved I-140

Hi Rajiv

I have obtained approval for my I-140 under EB-3 category, about a year ago. I would like to find out why it is taking so long for visa numbers for my LC, which was filed in December 2002. Also,

- Can I switch my job?
- Can I start a business while staying with the current job?
- Can I take up an additional job while staying with the current job?
- Is there a time period after which I would be able to do any of the above.

your answers will be highly appreciated.


Ahmer Kodvawala


Registered Users (C)
L1-A expiry Nov 2007 (7years) back up plan

Hello Mr. Rajiv.

I am nearing my 7 yr L1-A visa (Nov 2007) under Manager/Executive. My I140 (RD Oct 6, 2006 at NSC) is still pending. My lawyer told me his backup plan for me is to refile under EB-3 category since I have a "back-up" labor certification which is approved (PD Nov 3, 2004). Current the EB-3 cut-off date is Aug 1, 2002.

Question 1: If my current I140 filed at NSC is still not processed when my L1-A expires or my I-140 is denied again (2 denials in the past); is my lawyer correct that he can refile me under EB-3 WITHOUT me having to leave USA for 1 year and I can continue to work legally?

Question 2: If the above is not true, i.e. L1-A can only remain in USA for 7 years (max), is there any other visa category I can apply to remain in US and continue working?

Thanks in advance.

Approved I - 140 : Can I change EB3 to EB2

Dear Rajiv -
I am computer systems and network engineer. I have an approved I-140 based on the labor cert that was filed under "Third Employment-Based Preference (EB3) Skilled worker. I was wondering if I could file I-140 with EB-2(B) under "person with exceptional ability" using the same labor cert as I believe the exception ability is inherent in the job advertisement posted for this position (Associate degree + more then 8 years experience + industry certifications + 90 K salary) and reflected in column 14 and 15 of ETA 750, Part A.I meet more then three requirements (but I have 3 year degree) listed in official USICS I - 140 form for EB-2(B).

My lawyer says that the person must at least have the degree and then meet additional higher criteria to qualify for EB-2 (B) but none of the official usics documents or public copies (including 656.10) states that please help me clarify that.

I spoke to two prominent immigration lawyers but could not get a definitive answer, please help.

Thanks & regards


Registered Users (C)
Mr. Khanna,

I applied for N-400 in Dec 2003 and had my interview in May 2006. I passed the interview. Similarly, my sister applied in Dec 2003 and passed her interview in Oct. 2004. We have been waiting for name check to be cleared since then. We have not received any official letters from USCIS/FBI. However, upon conducting inquries through senator, InfoPass, Ombudsman etc. we found out 2 yrs back that out cases have been stuck in FBI name check.

Our parents also applied in 2003 and became citizens in 2004. I am from Knoxville, Tennessee area and there aren't ANY attorneys filing lawsuits against USCIS (as that's the only option left). I thought about filing Pro Se; however, as USCIS do not accept any expedited name check requests, it seems rather difficult to file a lawsuit against USCIS.

(1) My question is that whether you can suggest any other experienced attorneys who can help with this situation and also what is the success rate of this type of law suits filed especially after Dec 2006?
(2) Would you recommend filing Pro Se?? Also, can you tell me an average time it takes for this type of cased to be resolved whether filing Pro Se or through and attorney??

Thanks a lot,


Registered Users (C)
I have rather generic question about Advance Parole.

Assuming the primary has valid H1 petition and advance parole, if s/he entered the US with AP, s/he still can work under H1. However, the USCIS memo says one who used AP is considered "parole status" which I believe is not H1 status. In this scenario, are dependents still eligible to be in the US under H4 ?

I have seen a post that spouse could get H4 stamp by showing primary's AP at the US consulate, and they could enter the US.
Last edited by a moderator:


Registered Users (C)
H4 to H1 conversion

My wife has filed for H4 extension in Jan 07 along with my H1 extension and I dont see any chance of CSC approving it in 60 days or less.

If she were to file for H1B on Apr 1st 07, Does she need to have her H4 approved? (or) Can her prospective employer just take the notice of action part on her H4 extenstion and file her I 129?



Registered Users (C)
Name Check

Dear Rajiv,

I filed I-485 at TSC on the basis of an approved I-140 (EB2-NIW) in April 2004 with my family. So far I had two times FP, one in September 2004 and another in January 2006. After almost three years 485 pending and several times case inquiry, every time I was told that USCIS is waiting for the result of my NAME CHECK. My attorney says there is nothing we can do about it and I need to wait! :confused: USCIS says there is no timeline for this waiting. :(

How many more years should I wait? :confused: :confused:
What should I do? Is there any way I can expedite this?

Last edited by a moderator:
Thank you for giving your valueable time to assist others

Q, Son (British) is a green card holder and married to a USC, they are having a baby in April 07

Will the baby be entitled to an American passport and a UK passport, eg dual nationality ?

Q Is aila working with attorneys to be able to assist legals for a fair immigration or just trying to obtain reforms for illegal immigrants?


Registered Users (C)
If either me or my husband loose their Job

Hello ! Rajiv,
First of all thanks a lot for helping out the community with your such busy schedule. We all appreciate services provided by you highly.

My question is:

Me and my husband both are on H1-B. My 2001 labor is still stuck in backlog and I am still waiting on it. but my husband's labor is approved thru perm and he has an approved I-140 and is on 3 years H-1B extension. What if he looses his job can he become my dependant and will his H-4 get approved? As long as I am on valid H-1B. Until now he has his own H-1B. Also if he gets another approved labor can he apply for I-140 again? what will happen with his previous approved I-140?

Thanks for all the help and support.



Registered Users (C)
H1b transfer approved - old employer H1b still valid for entry?

I got my first H1b in 2001 from company A,transfered in 2004 along with second 3 year term (until april 2007)to company B. In April 2006 I transferred companies again to company C and requested a 3 year extension based on approved I140 with company B and got the approved I797 to April 2009 but not the stamp in the passport. I now have approved I140 from company C as well as pending I485, I765 and I130.

I came to Cairo (home country) for a two week vacation to get the passport visa stamp, at the interview the consular told me that I am primilarily approved but have to go through administrative processing. When I asked how long this would take, he said there is no estimate. My return flight leaves in 10 days , if by then there is no reply can I travel back to the US using my old employers visa stamp (valid until April 2007 and approved I797 from new employer -approved til April 2009)??

Thanks in advance for your help.


Registered Users (C)
WoM effectiveness?


Like many others in you online forums, my wife(LPR applicant) and I (USC) are caught up in namecheck after our LPR interview at Chicago DO in August of 2005. We are considering filing a Mandamus suit in federal court, but having mentioned this to the constituent services rep with our congressman’s office, we were discouraged from doing so with the simple statement “That doesn’t really work”.

To get to the question, do Mandamus filings work, are they effective? And…has the Congress taken any recent action to protect USCIS and FBI from these Mandamus actions? Or is success simply a function of the AUSA’s attitude toward immigration?

Best regards,

AOS for spouse 130-485 ND 6/9/04.
Interview 8/4/05.
FBI Namecheck pending
Changing from H1B to F1 student visa; but GC applied; pls advice

I currently work on the H1B visa in the US and got an admission to pursue an MBA education degree (full time MBA program for 2 years) beginning this fall in top 5 business school in the US. If I plan to pursue the MBA education, I would have to change from H1B to F1 student visa, and would like advice on the same issue.

My employer had filed for my greencard process last year. Labor (first stage) and second stage (I140)are completed. Since my country of birth is India, the third stage is retrogressed and hence this application is not done. Since F1student visa is a non immigrant visa, have i already violated all my chances of getting F1visa by applying for a greencard. What should i do to show non-immigrant intent when i apply for the F1 visa? What is the best procedure for visa change - (1) change of status within the US from H1B to F1? or (2) go to home country (india), and then apply for F1 student visa there.


Registered Users (C)
B2 extension for my parents.

Hello Sir,
My parents have 10 years visa. They visited us last year and stayed here for 6 months.
They again entered US on Jan15th of this year. But this time they have got I94 just for 3 months, upto Apr 14th. They are in California now. They have to visit my brother who is in Chicago and Me in Dallas.
What best reason can we give to get the extension? My brother has purchased a new house. So they have to visit him. Is it a best reason?
We have some personal issues also for which they have to be here.
Please suggest.
Also let me know how sooner can we apply for the extension.
Can they stay here till they get response from the USCIS even after their I94 expiration? R there any problems if they do so?

Please let us know.
I will be waiting for your reply in the conference.
Last edited by a moderator:
Not open for further replies.