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

Not open for further replies.


Registered Users (C)
Mr. Khanna, thanks for the forums and for hosting these calls.

My I-485 was approved last week, it was based on an EB2, Advanced Degree NIW I-140. All the time the I-485 was pending (and for three more months) I'll be in the job whose description I put in the I-140. But alas, my post-doc appointment will come to an end and I will have to move on.

Is it safe to go to jobs that still require a Ph.D. in mechanical engineering but are not that closely related to what I was doing when I filed the I-140? I'm afraid it might come up in 5 years when I file for citizenship...



Registered Users (C)
Post Approval Greencard & AC21


How can we thank you enough? Thanks again. My background is given below. Would appreciate if you could address my Q's. thanks again.

Q1-It is not clear what happens after one obtains the plasticGreencard in hand? While i know one required to start employment after the card arrival in mail, how long I should work for Co-A before changing employers? How many times we can change employers after obtaining the Gcard?
Q2-If co-B takes over the GC from Co-A using AC21 law, then what happens about all the Co-B own Gc process for me ( those eb1& eb2)? can we continue that separtely or is it cancelled automatically?
Q3-Attornies have changed since applying in Co-A. while appliying I-140, is it mandotory to attach original labor approval or just approved case # is enough? b/c i am afraid, where the original approval is now & I know only case # is certified. Can we submit the attorney rep form afresh & obtain a duplicate copy?

-------------------- Background-------------
Company:A- EB2 Labor (old RIR) approved thru BEC PD 05/2002
Currently working in Company:B in H1b exp 10/2007 - EB3 approved PERM 08/2006, I-140 applied for EB3 labor,Simulatinously EB2 leg work done & looking to file Perm Labor shortly.


Registered Users (C)
Question about Citizenship Interview and possibility of not being able to make it !

Hello Mr. Rajiv,

Myself and my husband who applied for citizenship this January 2007 both attended our fingerprinting appts in February. We got our inteview letteres last week and the date is scheduled for may end.
I am currently pregnant and have greater possiblity of being on bedrest around that timeframe. I may be able to allowed to sit up for 1 to 1 1/2 hrs if that will be the case. So my question is without taking risks for my pregnancy, if I want to resheschedule, should I call the USCIS now to reschedule? or will they accomodate special request on medical terms like leaving me in as soon as I arrive and finishing off my interview first thing?

I have heard if I reschedule, it would delay the entire process from here on thus making it difficult? Just wanted to how big of a delay will it cause to the normal process if I were to reschedule?

Hope you can shed some light with your experience and best suggestions,
BTW, We applied in southern CA (Laguna niguel service center)

Thanks ,


Registered Users (C)
Hi Rajiv

My labor was approved with Masters's + 18 months in May, 2006.
In I-140, attorney mentioned EB3 category by mistake.
When I got I-140 approval Notice in Dec, 2006, I came to know that it was filed in EB3.
My lawyer has filed for amendment in I-140 to change it to EB2 in Dec,2006 itself but haven't got any reply.
Was my lawyer right to file amendment ot he should file new I-140 with same labor ?
Do USICS consider such cases to amend approval notice from EB3 to Eb2 if it is attorney's mistake.

MS degree from US and got H1B visa : Need advice for H1B stamping

Dear Sir,

Thanks for kind help.

I had done my MS in Electrical and Computer Engineering from US and I have my H1B too but I haven't got my H1B stamped in my passport.
My marriage is fixed and I need to get stamped for both of us (me and my wife(H4)).I have the following questions

1.Is it good idea to get my stamping in Mexica or in Canada before I go to India and later ask my wife to go for H4 visa interview in India or

2.Go to India for both of our stamping

3.I'm working as a software consultant (Dot Net) in one of the fortune 500 company.I'm working in slightly different area with respect to my MS degree( my degree is in electrical and computer engineering.)
I have done some software courses as part of my MS degree and I have cleared few Microsoft certifications(with respect to Dot Net) .
Will this have any effect on my H1B stamping(please note,I have an approved H1B visa).

Please advice. Thanks alot.
Dear Mr. Khanna,

My labor cert was filed (under EB-2) and approved last year 5/2006. My I-140 was approved. I have applied for my visa extension. Once I get my visa extension for 3 years, Can I change my employer?
Can I get 3 years extension with my new employer based on old employer's I-140 approval?

Thanks in advance.


Registered Users (C)
I am working as a PT in IN and am considering moving to VA as a PT. Do I need to fill in any forms to invoke AC21 after the 180 day period of filing 485? When I move to my new job how do I prove that my old and new jobs are similar? What should I get from my old employer that shows the job description and any other documentation that I might need? Should I get labor cert etc done with my new employer as Schedule A doesn't exist any more? If no legislative changes happen and lets say my 485 is pending for 2 or 3 years, Do I need to be employed all the time? Can I take leave of absence while my 485 is pending? What kind of documentation will USCIS ask for when my PD becomes current and if I am working for a new company than the one that filed my 485?


Registered Users (C)
EAD expiring and I-485 approval pending since Nov 2005

Firstly, Thank you for these great service and taking time for everyone of us. Below is my issue:

Married to USC, applied for second EAD on 1/16/07. My EAD will be expiring on next week (3/26). I applied for my renewal on 1/16/07 and current MSC status shows processing cases for application from 12/27/06. Since it hasn't been more than 90 days, would I still get an interim EAD card from Local Immigration office? If not what should I do?

Also, my I-485(c-9 based) has been in pending status since my Interview with Immigration officer since Nov-2005. The officer told everything is fine except my FBI check is pending. I am not sure how long this FBI check is gonna take. Have been local Immigration office several times. No proper answer. I did try going to local Congressman and have him help push my file. Nothing so far (been more than a month). Should I wait for something miracle to happen or Is there any thing I can do?
Thank you again.


Registered Users (C)
Masters from India, H1B possible?

Hi Rajiv,

I am in US on H4 and am applying for H1 this year. My company is applying for H1B based on my 2 year PGDCM from India. They are depending on the educational evaluation which says my PGDCM (Post Graduate diploma in Communications Management) is equivalent to Masters of Arts in Communications Management and will apply on that basis. I do have Engineering degree(4 year) from India, however, my job is completely unrelated to that. However, my concern is that I have heard that INS does not accept Indian PG degrees like mine even if the evaluation agency credits it equal to a Masters. I want to ask you if this is true? Does INS not accept the 2 year PGDCMs even after evaluation?

Have been really confused about this, will be really great if you can help me with this one!!

Thank you so much....
Last edited by a moderator:
Visa status if applied for H-1 being in F-1


I am a graduate student on my F-1. I will be completing my MS by 4th May 2007. I have applied for my MBA for fall 2007, but the results of the admission will not be available untill later so I want to go ahead and apply for my H-1 incase I don't get admission.

My doubt is, if I apply for my H-1 through a consultant but later get an admission for MBA what will my status be from October 2007. What are the remedies that I can take now?
Hi Rajeev,

Thanks for organising this session. My 485 is pending since June'06. 140 approve in Jan'07. EB2, India. Replied RFE to 485 (Employemt letter & driving license copy, for spouce marriage certificate copy), also Finger Printing cleared. NSC says expect update within 60 days from RFE received by them, which will be over by this March end. If I dont hear from them, what should I do? Please advice. Thanks
Not open for further replies.