Questions Closed for Conference Call on Thursday, March 22, 07

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Priority from LPR to USC

My I-360 was approved under an LPR relation. Now he is getting his citizenship:

Can my priority date for adjustment change because of his status changed even though there is no relationship right now?

I-360 approved
EAD approved
Priority date: 13JAN2006

Current Bulletin: 22APR02 ....

Hope is the last thing to loose.....


Registered Users (C)
H1b 3 year’s Ext with 140 approval and Conversion from EB3 to EB2 Case with old PDate

First of all I would like to thank you for your great support/services on life changing immigration issues..

Here is my scenario:

My H1 Status:

I just started using 6th year of my H1b from Feb End of 2007.
My current H1 approval is till Feb End of 2008,Technically my 6 years of h1 should be completed by that date but I went to India twice 4 weeks each time.

My GC status:

I got my EB3 category I-140 approval in Feb’07 with current employer.PD-Sep 2004.
but I am really having tough time with my current employer. So I am planning to change my employer and filing a EB2 case with a new employer ..


Final Rule to eliminate Labor certification substitution is going to Effect from April 1st '07.


Is it safe to change an employer in 6th year of H1b and what are the risks?
Can I apply for New Eb2 category Labor with new employer?
Can I apply for New EB2 case with different Skill-set than the one I have approval with old employer?
Can I port/use the EB3 approved LC/I-140 priority date with old employer to new EB2 case with new employer?
Can I get 3 years extension with my new employer based on old employer's I-140 approval?
When can I re-gain my h1 period spent outside the US?


**If Labor Substitution process gets eliminated ,What happens to I-140 cases(Applied with Substituted Labor) in either "Approved" or "Pending" Status ?

Thanks in advance..:)
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Registered Users (C)
Dear Mr. Rajiv,

First, thank you very much for your support.

My EB3 (India) priority date is 02/2003, status is I140 approved more than a year ago and waiting for priority date to be current. I am on my 7th year of H1B recently received 3 years extension due to approved I140.

Recently I received an offer from a small company ‘B’. This company agreed to sponsor my GC in EB2 and upon receipt of EAD only I will be joining this company, till that time I am continuing with company A.

Now EB2 LC of company ‘B’ was approved last week and ready to apply for I140. According to them I can port my priority date of company ‘A’ by providing approved I140 copy.

My questions are following:
• If I provide approved I140 copy to company ‘B’; for any reason if I continue my GC processing with my current employer ‘A’ can I do so without any problems? Can I apply for 485 with company ‘A’ when priority date becomes current while 485 in process with company ‘B’?
• My current H1B extension tied to I140 approval; will there be any issues/affect if I port my priority date to company ‘B’?
• Can I use AC21 provision (with company ‘B’ GC case) and continue with my current employer?

Thank you in advance.


Registered Users (C)
Cross-chargeability for parent's place of birth?

Dear Mr. Rajiv,

My EB2 priority date is Aug 2004 and I-140 was submitted on Jan 26, 2007 under regular processing. My question is regarding the cross-chargeability for parents place of birth as per SEC 202(b) [8 USC $ 1152(b)].

Both of my parents were born in Pakistan before 1947 and are now US green card holders (since April 2006). Their green card states place of birth as PAKISTAN.

Can I apply for Pakistan Quota for priority date for I-485 application although I was born in INDIA.

Thanks in advance.
OPT Expiring July 2007, H-1 effective Oct 2007

Hello Rajiv,

My OPT is expiring July 2007, employer has filed for H-1 which will be effective Oct 2007, having a gap of 2 months and 10 days. I am aware of 60 days grace period after OPT wherein I wont be able to work. It would be losing the job at my end, are there any suggestions to maintain status? Please Help !



Registered Users (C)
Dear Rajiv:

My two H1b filed under premim processing are pending for 36 months, pending review and back ground checks. One of the sponsoring businesses was sold, and does not exist any more.

Is there anything that can be done to get these cases adjudicated?



Registered Users (C)
Is H1/F1 possible my 57 yr. old spouse?

Hello Rajiv,

My L1 & Wife's L2 expires this year (7 years are up). We own a small company with turnover of $200K and 3 employees. We are getting ready to file H1B for my wife(and my H4) through our company.

(1) Is it worthwhile to file H1B or will is simply hurt her chances of applying for F1 Student Visa if H1B is denied?

(2) or, Should she avoid the H1-B and just try for the F-1 (and my F-2) ? She has a B.Com from India(equivalent to 4 Year US degree with Work Experience) and is 57 years old.

Thank you for your time;



Registered Users (C)
Question about job change

Hi Rajiv,

Thanks for taking the time to respond...

My case is as follows:

I have been working with Company A for almost 7 years now. My labor cert was filed in July 2003 (under EB-3 from NJ) and approved last year 8/2006. My I-140 was approved under premium processing and I received a 3-year extension on my 6th year H-1b which expired on 12/31/2006. My new H-1 is valid till 2010.

Now I have a dilemma. My original labor was filed under EB-3 as I only have a Bachelor's. However, given my experience if I switch jobs now, I could file under EB-2 (ROW - using my country of birth).

I am not sure if I should switch jobs now and start the process all over again or if I should wait to complete my processing from Company A. I am stuck in a dilemma as to the risks associated with filing again and time taking to process it. My undergrad is from US and my experience with a big firm. Suggestions - whether I should wait for current processing or switch jobs and start over again?

Also, on the other hand, my wife is currently on F-1. We will be applying for her OPT as we won't be able to apply for her EAD card as I cannot file for 485 due to EB-3 ROW being retrogressed. Do you see EB3-ROW moving ahead in the near future?

Appreciate your input.

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Hello Rajiv,

For LC substitution, the original LC qualification is
Masters in Physics and my qualification is Masters in Nuclear Physics. Will this be accepted by USCIS ? In the job responsibilities working in nuclear fields [labs] is given. Will this help out?

Would appreciate your answer on this? Hopefully the LC substitution will stay more longer.



Registered Users (C)
Will i come under H1 quota?

Hi Rajiv,

I came to USA on H4 visa stayed on H4 for 3 years, applied for H1B1 got approved and worked for almost 2 years.

I have a valid H1 visa till Dec 2006,I have applied for H4, got a receipt on Oct 2006.Now i got RFE asking me till when I have worked .We have submitted the last 6 months paystubs of my valid work period. I am still waiting for H4 approval. My husband has a valid H1 and his GC is under process.

Here are my questions.
1)Will there be any problem getting my H4?
2)If I apply for H1 again will i come under H1B1 CAP?
3)If your answer is NO then can i apply for H1 whenever I want(after April 07)?
4)If your answer is YES then can i apply for H1 while my H4 is pending?
5) If I apply for H1 again will they see my previous work record of H1 ?
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Registered Users (C)
Passport Expiry and H1 visa stamping.

Hello Rajiv,
first let me thank you for your time.
my passport expires in April of 2007 and I have a H1 visa stamp valid till March 2010 and so my I-94, and I'm going to apply for my passport renewal .my question is do I need to get my renewed passport stamped again or will it be okay if I just carry both the passports? ( which I'm supposed to do anyhow)

also my I-140 is approved and my spouse will be joining me here on H4 visa shortly,and I'm planning to add her in GC process during 485 stage(waiting on priority dates). will there be any problem if she changes her status from H4 to either F1 or H1 after her arrival?

Thank you.


Registered Users (C)
E-2 Spouse possibly going to H1-B

Dear Mr Rajiv:

:) Thanks for being so kind and for hosting these informative conference calls.

My husband is an E-2 principal. We have gotten 3 extensions already on our I-94s, our Visas expired in 2002. I have an EAD that allows me to work being his wife, but we can't travel. These are my questions:

1.- How difficult would it be to get the Visa stamped in our passports through the consulate in Germany? Can the consulate deny the Visas? If so, what would the reason to deny them?

2.- Our current attorney asked "me" to switch to an H1-B Visa. What's the benefit for me to apply for my own Visa? With the E-2 status and my EAD, I can work anywhere. With the H1-B, I can only work for one employer. Will the H1-B allow me to apply for the green card in the future?

3.- I have a prospective offer with a Company that wants to help me get my GC. Does the E-2 and my EAD allows me to initate a labor cert process with this new company?

4.- Last but not least. Is the USCIS doing name checks on EAD applications too? My EAD renewal has taken too long. People say it is due to the name checks. Others claim that TSC is behind due to mass transfer of I-485s.




Registered Users (C)
Issue with I-94 for My H4 Status

Hello Rajeev,
Thanks for Considearion to Answer my Question on

Issue with I-94 on my Spouse's H4

My Spouse's H4 Visa Stamp on her Passport was Valid until
03 July 2006 which was based on my H1 Approval Validity.
We filed for Her H4 Extension (I-539) on March 13 2006 along with my
H1B Extension Papers.
She Went on a Vacation to India on May 07 2006, While she was in India
i received her H4 Approval Notice from USCIS which is Valid
from 04th July 2006 to 04th July 2009 as my H1B Approval Notice.

She Entered USA back on June 11, 2006.
The Immigration Officer Gave her a NEW I-94 with an
Admitted Until date of 03 July 2006, which was based on the
H4 Visa Stamp on her Passport.
She did not had her new H4 Approval Notice in her possession
at that Time.

Will the above situation create any problems, if USCIS
considers the latest one as the Valid one then her I-94 Expired
on 03 July 2006 which is more then 6 months ago.

Is there a Way that we can Correct this Issue and should i
proceed to correct this Problem?


Registered Users (C)
Multiple labor/I-140 question.

Hi Rajeev,

You are doing great work for immigration community!

My questions are as below :

I am on 8th year of H1B, ends in July, 07. 9th year H1B extn filed in Feb, 07. I am from India.

My non-RIR, VA, EB2 labor was filed by my current employer A (big Corporation) with PD end of 2002. Recruitment report was filed in end of Jan, 07 no resumes received. Last week status changed to CLOSED due to error on BEC part, my Company Lawyer talked to BEC and resent the report again.

Can this impact my H1B extension? At time of filing Labor status was "in process"

One future employer B has substitute EB2 labor of Feb 2004 available with title Programmer Analyst, My current job title is software engineer. My title was never Programmer Analyst in experience letters but job description is similar. That employer showed my documents and company tax documents to lawyer, as per his advise chances of 140 approval are 50%. If this gets rejected then 140 with my current employer A could it be in trouble and may be scrutinized? Also later if any 140 is filed is this required that it must mention in part 4 and item 6 "yes" that another immigration petition was filed?

Another future employer C had filed EB2 PERM in Aug 2006 still in process, no approval yet! Is that usual now with PERM? Does DOL tracks PERM with labor in BEC even if labor is from different employer?

Looking at my situation as a whole what advise you have?

I wanted if any or all of above employers could switched my case to you but they are agreeing.

If my question is too long or complicated please let me know I can schedule appointment with you to discuss.


Registered Users (C)
Dear Rajiv,

I had question related to AC-21 rules and PD portability.

If an AOS applicant avails PD portability from EB3 to EB2 to take advantage of earlier priorty date (as per Pearson's Memo)
then How does AC-21 Rule (180 days since filing the 485 application) apply in this scenario?

1> I-140 EB3 & I-1485 Filed on Jan 2005
2> I-140 EB3 consquently approved & PD established as APR 2002 EB3

3> New I-140 EB2 Filed using a PERM Labor in Jan 2007 from different Employer
4> Newer I-140 EB2 consequently approved & PD established as APR 2002 in EB2 using PD portability.

How does the AC-21 180 day rule apply in this case?

Thanks in advance for your reply.
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Registered Users (C)
Company acquisition Impact on I-485

Hello Rajeev,

Thank you for offering this service.

I applied for I-485(Approved I-140) in Febraury. I found out 3 weeks ago that the company A I work for and the one that was sponsoring my Green card has been acquired. I have been told that the new Company B will be assuming successor of interest responsibilities and the acquisition is expected to close in the next 2 weeks. I have already done my fingerprinting last week

Do I have to inform USCIS about the acquisition? If so, what do I have to do exactly? I have heard that I might have to get my I-140 amended. Is that true? Please let me know what I have to be aware of.

What should I do for the next step lawsuit?

I fill a lawsuit for my I-485, the United states attorney District of Arizona and Assistand U.S. attorney give an answer, he deny all of my complain in the answer, so what should I do for the next step? Thank you very much.
H1B Visa - Time Period

Am Indian Registered Nurse presently working in Dubai. I have applied for RN-NCLEX and would be appearing for the exam in April 2007. If am offered a job in a Hospital in US in June 2007 when can I expect to leave for the US.

Is it possible for Nursing agency Aboard to tie-up with US Hospitals, if so could you please provide us the details.

Issues with H1 Status

Here is my Scenario

I Came to USA on 04th July 2000 on H1B Visa.
I have been with the same Company from the past 6.5 Years.

Here are my Case details and questions.

1. The Employer filed for my Labor on Jan 09th 2004 in EB3/RIR

2. The same Company Applied for My 7th Year H1B Extension on 02/01/2005 on the basis on Pending labor with Backlog Center .
I Got my H1B Extension for 3 Years since employer requested 3 years instead of 1 year,
on the basis of Pending Labor at Backlog Center . We Never corrected this.
On Feb 5, 2007my Labor Case status has been updated to DENIED on the website.

3. Also, my Employer filed for another Labor in PERM (EB3) in August 2006 which got approved and
I Have a I-140 in Nov 2006 with the Texas USCIS Center which Got Approved on Feb 13 2007.

4. Is My H1B still Valid for 3 Years, eventhough this was Exended on the basis of Labor Pending at Backlog Center
which is currently DENIED.
Do i need to Request any Corrections/Amendment to maintain my H1B Status??

5. Is it safe to request for a new 3 Year H1B Extension or Amendment based on my I-140 Approval?

6. Can i apply for a new Labor with Same Employer but for a different
Position in EB2, i have B.S. + 8.5 Years of Experience
(2 Years in India and 6.5 Years in US)

Please let me know.
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