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

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Asylum based I-485 application


My I-485 (asylum based) was filed in 10/2003, it is in Texas Service Center now. My daughter's case has been approved a year ago, but my wife and I are still waiting. Many people who applied as late as 2006 have been approved. Is there anything I can do about this?

Thanks a lot.
New L1A from old L1B visa

Hi Rajeev,

I am in USA on L1B since Oct'03, and now I am planning to join a new employer outside US in end of May'07 and so would be leaving US in May'07. During this period I was in India for approx 3 months.

My new employer is ready to file another L1A, but I understand that I need to work with the new employer for atleast 1 year, before getting the new
L1A again. My question is that if I come 'IN' and go 'OUT' of US on B1 visa for a year during this period, than would this 1 yr be counted in my total stay in US since Oct'03 or not?? Would I be getting a new L1A visa for 7 yrs, once I work with the new employer for 1 year, or these days in which I come "IN" and go "OUT" of US on B1 would be added in my stay in US since Oct'03.

Would appreciate if you can help me on this.




Registered Users (C)
To file MTR - Greencard

Thanks for your service.

My case details: I applied for greencard using substitution labor(EB3) in dec2005 and I-140 approved in may 2006 and applied for I-485 in June 2006. In Feb 2007 i was out of job and was not paid . So using AC21 i joined new employer on EAD.
Now my GC sponsored employer revoked my I-140 and i got a denial notice for I-485 without Notice to deny even after sending AC21 papers to USCIS. I want to apply for Motion to reopen.
1)I would like to know whether can i continue to work on EAD by just filing MTR to USCIS or do i need to wait till i receive reply on my case.
2)If no, Can i now apply for H1b transfer with my new employer
<My H1B (past employer )is valid till June 2007>.Will USCIS approve my H1b transfer as i was working on EAD and not maintaining H1b status.I am in 7th year of my H1b.

Please Advice me. Your info will help me.


Registered Users (C)
My I-140 application (EB3/ regular processing/non-concurrent) is pending for 166 days at Texas center. RFE was issued regarding ability to pay.
Here are the details -
USCIS Receipt Date: 05 Oct 2006
USCIS Notice Date: 28 Nov 2006
RFE Reply Date: 02 Feb 2007
LUD: 02/14

Questions to Rajiv >>>
(1) How much time does USCIS take on an average to make a decision?
(2) I am on my 8th year H1B extension - I would like to know what impact will a I-140 denial have on my have on my H1 Status? Will I be able to get another extension?
(3) Also, My Atlanta PERM case got certified in 323 days. I would like to know your opinion on the following - Does having a Muslim profile anything to do with my PERM and I-140 applications getting delayed for this long?
How do I go back to H1B after EAD? What will be my legal status in the mean time?

I am currently using my EAD. I-485 (through spouse's future employment) is pending since 2004 due to retrogression. For any reaons, if 485 gets denied... what is the legal process to get back to my H1B?

- I used only 3.5yrs of H1 & 0.5yrs of H4 till now
- I have H1B stamp on my passport until 2008.
- Do I just go to India/Canada, come back with new I-94 for my H1B visa?
- Do I have to leave the country immediately? I know I can not work for current employer on EAD legally.

Thanks for your help, Rajiv.
EB-2 approval for my I-140

Please post your questions for the conference call for March 22 in this thread. Please do not repeat questions that have already been posted.

My labor was filed in May2002 with requirement of Bachleor's+5 years expereince and was recently approved in Oct2006. The labor department categorised my position as Business Support Specailist though we filed for Business System Analsyst.
We filed I-140 under Eb-2 in Dec06 and case is pending under Nebraska. I have already asked my attorney to upgrade the I140 to premium.
I have BSc(Comp SC) 3 yrs degree + 3 year PG Diploma in Buss Mgmt from India which was evaluated equivalent to Bachelors here and over 5 yrs experience.
What are my chances to get my I-140 approved under EB2?

I'm on my 10th year extension on H-1B.
Can I move to another company after my I140 gets approved under EB2 or EB3 using 3yr H-1 extension.

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Registered Users (C)
8th Year H1 Extn with approved Labor

Hello Rajiv,

Here is my situation on which I need your opinion.

My 7th Year H1 is valid up to April 29 2007 and the 8th year extension filing documents are being prepared based on the Labor that was filed in 2004. When I checked my pending labor status on 03/20/2007 it shows certified online. I understand with approved 140 we get 3 Years H1 extension. But with the short time we have on the current H1, there is not much time to wait for 140 approval before we can file H1 extension. So I am falling towards filing 8th year extension as planned and do with the 140 filing after the approved labor is received.

Do you see any issue if we continue to file 8th year H1 extension, when the labor status shows approved online?

Thank you,


Registered Users (C)
Hello Rajivji,

Thank you for this excellent forum:
Here is my case:
H1B 6th ended : 02/07.
Labor Approved: 04/06. (Eb3 PD: 10/02)
I140 Approved: 08/06
H1 B 3 yr extension applied: 12/12

The current status says:
The preliminary processing of the application is complete. The case has been transfered to Newark , NJ office for a standard interview.
This is a standard process for a I129 application.
I have not visited India for the last 5 yrs and I have been with the same company(who filed Labor & 140) for the last 4.5 yrs. Is this something new? Have heard of any candidates being called for an interview while in USA? What does this mean?

Your time to answer this is highly appreciated.

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H1B based on approved I-14

Hi Rajiv,

Here is my situation:

I am employed by a company "A" and cleared the labour and I-140.
I have completed 6 years of my H1B and now i got extension of H1B for 3 years based on my approved I-140.

Now i want to work of another company "B"

1. Can the company "B" file H1 for me, based on my current visa status.
2. If YES , will it be a 3 year H1B visa
3. I want to process Green card through company "B".
4. What happens if i don't get my labour and I-140 cleared with the visa period?

Thanks in Advance ! !
Quetsion regarding change of jobs

Hello Mr. Khanna,

Thanks for conducting this conference call.

My question is similar to another one posted in this forum but with additional clarifications required.

My greencard is currently processed under EB3 with a priority date of June2003. My 1 40 is approved and I have filed for my 485.

I am planning to switch employers in my 7th year H1b and plan to start my greencard in the EB2 process again. The new job is of totally different category.(Shifting from Software to Consulting after compeleting MBA).
My spouse is currently working using the EAD from the EB3 process.
What impact would it have on my spouse's job if I shift jobs and start the EB2 process again? Would she be able to continue working using the EAD from the EB3 process until I port the priority date to my EB2 from EB3? What would be her status to work, after I port the date and until I file the 485 under EB2 and obtain new EADs?

I really appreciate you taking time to answer this question.

E3 flexibility

Thank you for providing such a service, it is invaluable as we feel we have very little places/people to turn to!

My husband is currently on an E3 visa and he is very unhappy in his job. Can you please advise if there is any flexibility in the E3 visa regarding movement between companies? Are you able to change employer without notifying the government or is this illegal?

I look forward to hearing your response! Again, many thanks for your help!
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Can H1B Visa be possessed along with Tourist Visa


I have an H1 B Visa through my employer however I have not been to US till now, My question is if I have to go to the US on a tourist Visa will my H1 Visa get cancelled automatically.

Stop working on H1B, 485 pending

My wife is currently working under H1B. She has a pending 485 applicaiton as a dependent on me. She is going to stop working for the H1b company and has no plans for working in the short term.

My questions are:
1- Does she need to do anything to maintain her legal status in the US? (again, she has a pending 485).

2- Does she need to get EAD and/or AP if she's not going to work?

3- Does she need to infrom USCIS about the termination of H1b?

Thanks a lot!


Registered Users (C)
Can I open a Small company while working on EAD ?

Hi Rajiv,

Thank you so much for holding these conferences. Appreciated.

My situation:
Filed for I-485 in 2003 under EB3 category. Retrogression is in effect and still waiting for GC. I changed employer and changed my status from H1B to EAD. I am renewing EAD everyyear and currently working on EAD on W2.

My Question:
Can I start my own company (s-corp or LLC) when I am on EAD? Can I own this company and continue working with my current employer on W2? Is it legal to own a company and do a full-time W2 job?
What kind of company I can open while on EAD? Can I open S-Corp or LLC? Any legal complications?
If I run my own company in parallel with my W2, does it jeopardize my GreenCard in anyways? I am concerned because my GC is employment based.

Thanks a lot for your time.

Best Rgds.


Registered Users (C)
Dear Mr. Rajiv,

Thank you for your service. I am a dentist from India with BDS. I am currently on H1 working under limited license -State Board issues Limited license to foreign-trained dentist to practise dentistry in healthcenters and non-profit organizations only.

My labor is approved under EB3. My questions
1. Will I have any problems in getting my I140 under EB3 with limited license.

2. Do I qualify under EB2 with limited License. (I match with the job advertisement.).

a. I have BDS, which is considered equibalent to DDS per my state board, and hence I have limited license to practise.
b. I have license to practise the profession.
c. I have state and national dental professional membership.
d. I have commended higher salary for my job.

Thank you very much for your valuable time.


Registered Users (C)
dependent wife got GC

My wife was a dependent on my EB3 filed 485, she got her Green card couple weeks ago. I didn't think it was possible for a dependent to get GC before the primary applicant.
So what does this mean for my case?
My name check is cleared that is atleast what I was told when I called after we got my wife's GC?
How long will it take for my GC?


Registered Users (C)
Question on AC21

Hello Mr. Rajiv,

Thank you for taking my call!

I have EB3 PD July 2003, approved labor, approved 140 with pending 485 and currently working on EAD for past 3 years and now planning to join another company B.

Question1: Should the attorney be same from Company A and Company B? Does it really matter, I like to continue with my current Attorney?

Question2: Can AC21 papers be sent by beneficiary OR it has be through Attorney and how soon should we send the document?

Question3: My job description is almost similar from both employer but the Job title from Company A is "SYSTEM ANALYST" and from company B "Sr. System Analyst" Will it matter to USCIS?

Question4: For AC21, do we have to send a copy of offer letter/appointment letter OR can we send a letter from HR which will solve this specific purpose? Is there any specific format required?

Question5: I am getting 20% raise then what is offered in labor from company A, will that be a problem?

Thanks for all your time and help!



Registered Users (C)
a mistake on the H1B visa

I am a Canadian citizen, while the citizenship on my H1B was mistakenly put down as Chinese.
I was born in China.
Will this mistake affect my GC petition?
Do I need to correct that mistake before I do the GC petition?

second stage

Registered Users (C)
trying to bring fiancee to the US

Thanks Rajiv for the wonderful forum.

Am hoping to become a US citizen by end of May and then apply for K1 visa for my fiancee...

No one is absolutely sure how long this might take..few months to several months...Is this route the quickest or should I try to bring my financee here on a tourist or visitor's visa?

I understand we'll have to get married within 90 days and apply for her adjustment of status..

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