Questions Closed for Conference Call on Thursday, March 8, 07

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Staff member
The conference call details have changed. Please read below details about the procedure for the conference call.
Rajiv will host a conference call for all of you on Thursday, March 8, 2007. The focus of the call will be answers to your professional/business immigration related problems. The time and dial-in details are as follows:

Start Time: 1:55PM
End Time: 3:20 PM
Dial in number: 1-218-486-1300
Conference Bridge No: 531023

NOTE: We are using a new service for this conference call and therefore, you are are requested to read all details on this page.
Note that this call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.

1. A new forum is started where we will post details of each conference. Link to the forum,
2. A new thread will be opened in this forum when a new conference is planned.
3. You are requested to post your questions in the thread. Please be brief and to the point in the questions. Kindly present them in a clear manner that should require short answers so that we can cover maximum possible ground. If you have not posted your question in the forum, there might not be anytime during the conference call to assist you. We can try but there is no guarantee that we will be able to answer all questions.
Our recommendation is:
a) Post your questions in the forum ahead of time.
b) Be present at the conference. If you are unable to do so for some reason, you can listen to the recording that will be made available after the conference is over.
c) Wait for the next conference if you were unable to post your question this time.
d) If a question similar to the one you are asking has already been posted, you do not need to post it again, just be present at the conference to hear the answer or listen to the recording later.
4. The questions will be answered in the order in which they have been posted.
5. The thread will be opened for posting questions 3 days before the day of the conference.
6. We do not guarantee that an answer will be provided to every question posted.

On the conference day:
1. Conference Call will begin at 2.00 PM sharp. Note that is an open call and will be recorded. You might want to preserve your confidential information like your name and other personal details. Also, note that your voice shall be recorded.
2. Call in the conference number and follow the prompts. We suggest that you call in 8 min. earlier than 2.00 PM so as to not lose a spot. You will be placed on hold and muted until the host joins the call. If the conference waiting time is exceeded, you will be prompted to confirm the conference time and call back then. Depending on the number of callers, we might close the conference for new callers at 2 PM so that only the people who are already in the conference can get the time.
3. The conference will be started in presentation mode. This means that you will only be able to listen.
4. Rajiv will answer questions in the order posted on the forum.
5. If you have posted your question earlier in the thread, call in early or you may miss your answer. If so, you can listen to the recording later.
6. Once your question is answered, please hang up so that someone else can call in for their question.
7. Time permitting, Rajiv might open a question/answer session once he has answered all the questions that were posted. If you want to ask a question at this point, you can “raise your hand” by pressing (5) (*) from the telephone keypad. This will allow Rajiv to UNmute this caller allowing them to speak. When the question has already been asked and answered, a participant can “lower their hand” by selecting (5) (*) from the telephone again and Rajiv will mute this caller.
8. Everyone who participates in the conference call will be dialing a regular number (not toll-free/1-800) and depending on your long-distance plan or phone service, you may be charged long distance fees by your own service provider.
9. After the conference call is over, a link will be posted on the forums to listen to the recording.
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Registered Users (C)
Question : Can a labor be substituted for another person based on another old labor petition if this old labor petition has an underlying I-140 approved already.

Niral Modi

Registered Users (C)
H1B Filing for Start-up

I am a U.S. Citizen and want to start a consulting and staffing company. But it is very difficult to find qualified people in the U.S.. Can I file for H1b visas without any revenue for the april 2007 quota. Is it easier to file for h1b transfer for a new company.

I have personal funds that I can invest which would show I will be able to support the business. Furthermore I have 3-4 years of consulting experience myself.

I also have an offer from an Indian company to partner with me what is the process to get my qualified individual team from india on an L1 visa.


Registered Users (C)
Question for moderator: Is the concall on Mar 6 or Mar 8th?
Question for attorney:
Do you have any rough idea of how long it is taking on an average for FBI to clear namecheck? How many applicants have to wait more than 6 months for namecheck to clear?


Registered Users (C)
AC21 Usage & Travel on AP while using AC21

Hello Rajiv.
Thanks for arranging this conference call again. Its really nice of you to speak with us and try to help us whatsoever manner possible. I really appriciate it.

I joined as a guest in the last conference and asked you a question related with AC21.

Quick details on my case :I-140 approved on Aug-2004.
140/485 concurrent filed on 4/2004(case transferred to TSC 3/2/07) Priority Date: June 2002

I am planning to use the AC21 to join another company(B).
The position i will be taking is different from my LCA(LCA = Programmer Analyst & new position = Sr.Software Engineer).
Job duties will remain same/similar. Company lawyer is not interested in updating the USCIS now. May be wants to make more money later with NOID/RFE/MTR.

The questions i have are:
1) My LCA was using the code 030162014(Programmer Analyst). The position i am getting is using the code :030062010 (Sr.Software Engineer).

DOT Codes
030062010 Software Engineer
030162014 Programmer-Analyst

As per the O*NET website: Programmer Analyst could be part of the following Codes:
15-1031.00 & 15-1032.00(has both Programmer Analyst & Software Engineer)
15-1051.00( has only Programmer Analyst but not Software Engineer)
15-1021.00( has only Programmer Analyst but not Software Engineer)
15-1061.00 ( has only Programmer Analyst but not Software Engineer)

Job duties will be same/similar in wordings.
As a Lawyer do you recommend to take a chance with this given scenario. Will it be ok to convince if a RFE/NOID is raised?
JOB Duties includes keywords like (DESIGN,ANALYZE & DEVELOP).

2) We have planned for a visit to india in May, and now that i have received the offer for this new position which i would like to take not sure how its gonna impact the trip.

So, Basically if we are out of the country(USA) on our AP and in between our I-485 gets denied(NOID/RFE) for whatsoever reason(AC21 not informed....) will it impact our re-entry to US. Any suggestion/precautions you would like to suggest.

In case i need to file an MTR or response to NOID/RFE do we both have to present here in USA?
My wife case is dependent on my 485

Thanks a ton rajiv. Its been a great pleasure to be involved with you on this conference.
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Registered Users (C)
Adopting child from India being on H1

I have an H1 visa and my wife is here on H4. We have adopted a new born child of my relative from India. I understand because of the immigration restrictions we cannot bring the child here in US on H4 visa. Is it possible to apply a tourist visa(B1) to bring the child here for some time and then we move back to India. If this is possible does this time what the child stays with us on B1 visa gets counted in the 2 year period required for the child to have been in custody before being eligible for H4 visa?

I really appreciate any suggestions and guidance on this.



New Member
LIFE ACT 245(i)

Hello Rajiv,
I am doing the EB immigration through LIFE Act. I received an RFE asking for two items:
1. proof that the previous company is the successor in interest of the new company ( I have separation agreement/property settlement agreement) that proves that. The company was an LLC before and now only the husband runs it as a sole proprietorship
2. The new company is financial able to petition for me
For #2 USCIS is questioning financial ability of the sole proprietorship and even though the net income on tax returns for 2004,2005 & 2006 is more than my proferred wage. The lawyer thinks it's because the company currently has no employees but the owner does pay himself (he doesn't have pay stubs though). Anyway since it is SP we can use personal asset statements. I am providing them with his retirement statements ONLY for more than 50K in assets (my proferred wage is 34K). However, for most part of 2004 I do not have the statements for each month. BUT the company was LLC for most part of 2004 and switched to sole at the end of the year. BUT the tax returns are done as sole for the entire year.
Do you think I have a chance???????Have u run into this kind of issue with a client before????
I am in a peculiar situation need some help on this.

My educational qualification is Commerce & Law degree from India (6 years). In India it is mandatory to have 3 years degree to get admitted into a 3 years Law Degree. I have been living in US for the past 8 years gained very good IT experience as well.

My Labor got approved under Eb2 category. How ever my attorney is hesitant to file under for I140 as I may not be qualified due to my 3 years degrees. Recently I have got evaluated my educational qualification thru ECE (One of the US reputed educational evaluators). According to them both my degrees are equivalent to US Bachelors Degree in Business & JD with Indian Law.

I have verified the qualification & experience requirements under the approved ETA and it matches to both Education & experience requirements. (US Bachelors with major in CIS/Business with 5 years progressive expn).

Basing on the above facts can you advice how should I go about it?

Opt - H1

Thank you in advance. I am a Phd student working on my dissertation at Univerity A and also working at a University B as faculty. I am on OPT (EAD) which expires in August 2007. At University A, I am registering for one course of dissertation.

My I-20 expired on November 25, 2006. Even though my I-20 expired, I was registering for one course of dissertation. Few days ago I realized that I should have renewed my I-20.

My employer at University B will be sponsoring H1 in few weeks under non-profit organization Quota. My question is Will there be a problem to get H1 and Green Card because of my I-20 expiration? But I still have OPT card valid till August 2007. I am expecting to graduate in August 2007 and will get my Phd degree.

Thank you once again.


Registered Users (C)
PR, AC-21, Salary change

Hi Rajiv,
I applied for PR in Feb 2002 in the EB3 Category and have an approved I-140. I than submitted my 485 application and waited for 6+ months before invoking AC-21 to change jobs. I have now been with my new employer for over a year and being offered a siginificant increase in pay for increased responsibility (title change doesnt need to occur). My labor was approved with a pay in $100K range and the pay that is being offered to me is 400% increase. If I choose to accept it--
(1) how will it affect my pending 485 application?
(2) Also, if the increased pay is given to me as part of a partnership interest (k1) versus w-2 income will that make a difference?
(3) What are my options?

The way I am thinking about it is not to accept this offer if it impacts my pending application negatively. Please advise.

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H1 Transfer after bench

I worked for a client thru company A from Jun 06 and I went to India in Dec 06 for vacation. I came back to US in first week of Feb 07 and I was told that my contract with the client is expired and I am on bench. Now I have got an offer from company B and I want to transfer my H1. I only have paystubs from Company A from Jun06 to Dec06 .Do I need paystubs for January 07 and Feb 07 also for my H1 Transfer? Company A is blackmailing me that they will not give me paystub for bench period if I leave them.
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Registered Users (C)
Thank you for the great help you have been providing on this website!

I will be applying for citizenship soon. I had a traffic infraction ($640 fine + 15-days license suspension) for "Speeding in excess of 100 mph" [VC 22348 (b)] in California 2.5 years ago. No alcohol/DUI were involved.

Would this create any problems in my application? Do I need to file application through an attorney? If I get denied, will I be deported?



Registered Users (C)
Thanks for the service. My 485 was denied as my I-140 was revoked by my previous employer. I moved to new company after I got portability only. But haven't submitted my AC21 with new company. I submitted MTR and got receipt number. My question is how long it takes to get the response to MTR? Is there any way I can expertise for the response? Can I use my EAD during this period or do I need to wait until I get approval for my MTR?


Registered Users (C)
Hi Rajiv,

This is really great service.
Company A filed I140 and 485 with approved labor on Dec2004 and I-140 was approved on May 2005. I worked with them till Oct 2006 and moved to company B. Now I got deniel on my 485 as my previous employer revoked I140. My 6 years of H1B was done and I am on EAD from Sep 2006. I applied for MTR and waiting for approval. My question is: Since I don't know when can I reply for my MTR, and there is another Company C has approved labor( Which they applied for me long time back and got approved recently). Can they file I140 on the approved labor and H1B on that? If yes, does it comes on H1B extension quota or new quota? Do I need to go out of country to work back on this new H1B? Please advise.
Travel while 485 pending on H1b

I have an approved I140 under EB11 (extraordinary ability). My I140 was approved on Dec 2006 and I called the NSC on Dec 14th, 2006 and they told my that my concurrently filed I485, with receipt date Nov 2005, has been assigned to an officer and that all security checks have been completed and that I should hear from them within 30 to 60 days.

Till now I haven't heard anything from them and I contacted my senator and he confirmed that my case has been assigned to an officer and I should hear from them within 30-60 days.

My questions:
1- I want to take a trip and I have a valid H1b stamp in my passport. if my I485 gets approved while I’m traveling, can I use the H1b for entry or I should get an AP before travel (since I can no longer use an immigrant visa)?

- If it is possible to use the H1b, could you point me to an official documentation I can take with me while traveling indicating that, to avoid trouble at the port of entry.

2- Why didn't I hear from them yet, even though it's passed the 60 days (the status online is still pending at NSC)? Is that normal?

3- Is there a way I can speed it up, especially that my fingerprint was done in Feb 2006 and I'm afraid it may expire and I may have to go through the security checks again?

Thanks a lot.

Really appreciate your help.


Registered Users (C)
Adjustment of Status

Hi Rajiv
I have failed to maintain my nonimmigrant status. I had visited US first time on a Visitor Visa (10 year multiple entry) and returned back to India within the stipulated time. I visited US again and stayed for 6 months and got an approval for an extension of stay beyond 6 months. In the meantime my H1-B application was filed by a NJ based company. They decided to withdraw my application when they recived a long RFE. I was kept in dark and was not informed about any of these events by the company representatives. By the time I got to know about all this I had already overstayed my Visitor Visa. Since then I have also married a person of Indian origin on H1B visa here in the US.

I consulted a few immigration attorneys who did not see any hope in my case. Finally one attorney decided to take up my case who prepared an affidavit along with the US marriage certificate and submitted an application (Form I-539) to change my status to H-4.

USCIS sent a denial notice stating the following -
"You have failed to maintain my nonimmigration status because your authorized stay expired prior to filing this application and you have given no justifiable reason for the delay in submitting your application. Your authorized stay expired on July 19, 2002. Prior to this date, on June 17, 2002, a Petition for a Nonimmigrant Worker (Form I -129) was filed on your behalf (EAC-XX-XX-XXXXX) That petition was withdrawn on March 17, 2003. You filed this application a year and two months later, on May 6, 2004" My attorney adviced me not to proceed with Motion to Reopen or Reconsider.

Presently - I am a dependent on my spouse's Green Card application (Currently in I-140 stage). Do you think I or my spouse could face any problems with the Green Card process particulartly with the adjustment of status during I-485 stage? Does my situation requires that I need to do CP for adjustment of status and could I get debarred from reentering the US for 10 years?

I appreciate your insight on my complex case. Thanking you in advance.


Registered Users (C)
Hi Rajiv,

First of all, thanks for providing this forum.

1) Can ones H1B stamping get rejected because that person might be out of status in the US for 3 months (owing to a confusion caused by changing employers from blanket L1B to H1B) ?
2) What kind of questions should one be prepared for during the H1 stamping interview.
3) If H1 does not get approved, can the person go for a L1/L2 stamping to the same consulate (in India) within days from the H1B stamp getting refused ?

Thank you very much for your time and valuable advice.


Registered Users (C)
Staring Travel business on H1B

I am on H1B status. My Labor is apporved and expecting my 1-140 to be approved in next 2 months. I am planning to start Travel busines.

1) Can I register INC company on H1b (I am working on s/w field)

2) My husband is going to run the business. Can I sponser his H1B on Travel?
if not can we do this as weekend job?

3) How do we show Travel income with my current W-2

Thanks in advance
Info Needed


I will be joining a new employer who has done a H1 transfer. He now tells me that he has a pre-approved labor (EB3, PD Jan 2003) that fits my profile. He said he will use this pre-approved labor and apply for my I140. After this is approved, He also tells me that, concurrently, he will apply for an EB2 PERM LABOR(for me) and get the I140 approved for that. At this point, he will have two I140s for me. One with EB3(PD Jan 2006) and one with EB2. After that, he says that he can transfer the priority date of EB3 to EB2 and apply for my I485. Can this be done? Please let me know.



Registered Users (C)
Prevailing wage

I recently got my green card. My current salary is lower then the prevailing wage that was filed with the LC. Is this going be a problem down the road when applying to citizenship or at any other time?

Also when is a good time to leave the company? 6 months? Again would this pose a problem now or in the future?

Thanks a lot for your answers.
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