Questions Closed for May 17 Conference Call

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Registered Users (C)
Hello Rajeev
Thanks for nice Services.
I would like to know about 485 filing ?
Here is some question.

1. I have filed I-140/485 back in 2004 using a substitute labor ( copy of labor) ( EB3 PD Feb 2001) but when my atty file the case he did not mention the that substitute labor has also approved I140 for original candidate. We got RFE to submit the original copy of Lbaor but we do not have as that was submited with original I-140 filing time.

He replied to INS all these things but IND denied the my I-140 Case and 485 also bcoz I140 denied saying they did not able to search the original labor in the DOL. We filed MTR for 485/140 ask to get original from DOL as this was with Origianl candidate I140 file but they did not able to filnd and reject/ denied again.

Now i have my own I-140 ( EB3 PD Oct 2001) get approved and can we reopen the 485 which was filed with substiute labor which get rejected with this New my own I140 or we have to file 485 again ?

Please suggest the best solution.

Labor Certification filed under TR in May 2003, converted to RIR in April 2007, approved in May 2007. My qualification in 2003 was a 3 yr bachelor degree from Indian University. My qualification in 2005 was a Masters Degree in the relevant field of job from a U.S.A university. The minimum qualification for the job is 4 yr bachelor degree. Can I use my Masters Degree while filing I 140 petition as my 3 yr degree may not be accepted by Immigration Authorities?


Registered Users (C)
Hi,This is Bavya. My namecheck is pending since one year. If i file WoM will i be successful in getting namecheck expedited. Since uSCiS released in feb that they will not request fbi if WOM is filed. what are the other options opened for me.


Registered Users (C)
question for conf. call on May 17th

Dear Sir,
I got my I-140(EB-3) approved from the company I previously worked (Company A). I resigned for that company and joined in company B.

My PD is in 2002. If the priority dates move forward in this summer and my EB3 PD becomes current, Can I file I 485 with that I-140, though I am not working with comapny A any more. What are the issues if any.

Now since the june 07 VB is out and the PDs for EB3 in my old company A case is current, What are the issues/risk (if any) in filing 485 from that case. The company A is willing to offer me the job as stated in my Approved LC in 2002. (Note: Iam currently not working with company A. I did worked with them since 2002 to 2006 on H1B. Now Iam with company B, in a different state)

What are the posibilities of that 485 being approved, while I am not working with the company A any more.

Can I port the PD (of same 2002 approved 140) even after filing the 485 (with Company A) to anohter petition that is being filed by company B.
Can I use the PD (2002) of the same I140 , for future petiotions even if the 485 (from this old Comapany A) got denied ( in a worst case secnario) .

On porting of the PD, the comany B ( Iam presntly working ) posted loss in FY 2002, (will it mean the company B is not in a position in 2002 to pay the pro-offered previaling wage ( about $50K, then in 2002). Will this be an issue for porting the PD ?

Thank you.
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Registered Users (C)
9 Fam 42.12 N5

Hi Rajiv, I was in your confrence a month back and I asked you if the immigration officer can FORCE the beneficiary to be charged to the parent's country of birth - and your reply was absolutely not. I did some research on the and found a provision 9FAM 42.12. N5 .

It reads "If the consular officer has determined that, at the time of the child's birth, the parent or parents were stationed in such country under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to that foreign state, the applicant may be charged to the foreign state of either parent." .

I dont understand the language of this provision - Is this a provision that can be invoked by the officer or is it an elective provision where the burden of proof lies in the hands of the beneficiary. In my case I was born in ROW country but I was there for only first 3 years (on account of my father's employment) and I am an Indian citizen since birth, but I do have the birth cert. from the ministry of health of that country. Please advice me as to my default chargeability.


Registered Users (C)
Hello Rajiv
Appreciate your wonderful service....
I am currently on H1 7th year extension (valid till March 2010) with company A (been with this company ever since I finished my MS).
PERM labor was filed for "Software Engineer" in EB2 in March 2006 and approved.
I-140 was subsequently filed and has also been approved.
I am currently doing my MBA (part time) and will be graduating within 6 months. I would like to move onto a "Financial Analyst/ Investment Analyst" role which is very different from a Software engineer.

1. Can I switch jobs and continue my GC processing maintaining my PD?
2. The new job, in most cases, requires an MBA. Can I file for Labor through Company B even before I complete my MBA (I will do interviews 6 months prior to my graduation)?
3. What happens if Company A revokes the I140 once I quit?

GC mama

Registered Users (C)
Impact on US citizenship - laidoff during GC approval

I got GC in march 2002.
I was laid off Dec 2001 (while on EAD).
Started working on EAD for different employer on same type of job from Feb 2002 to 2004.
Currently working on same type of job.
I have citizenship interview in june 2007. Will the layoff affect my citezenship appoval?
thansk in advace.
can a Canadian citizen visit US after immigration (to US) papers have been filed?

Dear Rajiv,

What a great service to the community!

My question is for my Canadian citizen sister. My parents (both US citizens) live with me (also a US citizen). When they file the immigration papers to US for my canadian sister......can she still visit us during the processing time. If yes, how long can she stay with us in the US? How can she work in the US during the stay?


Registered Users (C)
Bring Spouse to US

Hello Rajiv -
I would like to bring my spouse over from India. Currently, I work based on my EAD (485 pending) and my employer will not sponsor h1b. Could you recommend possible options on how I can bring her over without leaving my current employer (in order to seek an h1b from another employer) ?

Thank you.


Registered Users (C)
H1B Extension 8yr valid start date

Hi Rajeev,

Thanks a lot for taking time to answer all our questions.

My 8th year extension was applied before the expiry of my 7th year H1(March 1st 2007) and I got the receipt notice also(dated 25th Jan 2007). 8th year extension got approved on March 20th 2007. The Validity start date on the approval as well as the I94 card on the approval is March 20th 2007. I thought it should have been March 1st 2007 (the date my previous H1 expires).

So my question is, is this a mistake by USCIS that I should get corrected, or am I ok since I have the receipt notice that mentions that my H1 extension was applied before March 1st. I am planning to go to the US consulate in Canada to get my H1B visa stamped. Will I face problems when I go for visa stamping. My company HR says that nowadays they are getting approvals in this way only. I searched the forums and did not see anyone mention this.

Thanks a lot in advance for answering my question.



Registered Users (C)
Hello Rajiv,Thanks for your service.
1. I changed my employer on AC21 and sent the Supporting papers to TSC almost 2 months back. When ever i call USCIS i get the same reply that they dont have access for it. How many days it takes for AC21 papers to be attached to the file.How to confirm the same.

2 I sent a letter to TSC to remove my attorney from file and to send future letters to me directly. How to make sure the attorney is removed. I keep calling them and always they say still its not updated.How many days it takes to update.
Hi Rajeev,
I just want to find out if I can get my H1B visa stamping done in Canada - Am I eligible? Any new rules?

I am from India and currently working in US on H1B visa for the past 7 years.

My first H1B visa was stamped in India but it is on my old passport which expired. The second H1B visa stamp currently on my passport expired on Jan 2005 and I had renewed it over here in US by mailing it to St. Louis. which was possible to do in 2003.

I would like to know if i can go to canada for renewing my visa. I am planning to do my 8th year extension.

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Registered Users (C)
PERM Audit

Hi Rajiv.

Is there any time guideline from DOL on the processing of a PERM audit, i.e. once they receive the documentation that they requested in an audit, how much time would they take in concluding the final status(Certified/Denied) of the case? Does the processing time differ based on the category(EB1, EB2, EB3)? Also, if you could you please share your experience in this regard, that'd be great!



Registered Users (C)
I 140 questions

Hi Rajiv
I have questions regarding EB2 I-140 filed @ NSC.
My PERM labor was approved with BS+5 years exp (Alternate education was MS + 3 years exp)

I have 4 year Bachelor of Engineering(B.E.) degree from india and 5+ year progressive exp.

There are two ways to get admitted to this degree course=
Get admitted to 1st year after 12th Grade(10+2)
Get admitted to 2nd year after completing 3 year diploma in Engineering(10 + 3 year diploma)

I was admitted by 2nd option, So I have 4 year degree completed in 3 year (10+3+3).
Students admitted by both the options get the same degree.
Also I have transcripts from 2nd year to 4th year.

My questions are
1) In case of REF on 3 year degree, I am plannig to submit education evaluation.Can you suggest
any other documents which will make RFE reply strong ?
2) If my I-140 is rejected, can I file new EB3 I-140 using same PERM labor ?

Question on I-140 for May 17th Call...

Hello Mr. Rajiv,

Firstly thank you very much for your guidance to millions in immigration matters.

I have few questions pertaining to the Employment Based Category in which one files for Green Card. But before i ask them here is the info about myself.

I recently got my labor approved after waiting for it for good 3 yrs and 6 months. Like everybody else even i had my share of frustation, but i am glad that now i do not have to get frustated for atleast the Labor approval anymore :). One thing about this approved Labor is that it was filed under EB3 category.

While i was speaking to my friend, he adviced me to change this Category to EB2 at the time of I-140 application. My educational qualification is B.Sc (12 + 3) from univ of Mumbai with atleast 11 years work experience in relevant field. I have experience letters to back that experience. Of those 11 yrs, 8 yrs of exprience is in US. My questions are as follows :-

1. Given the situation stated above i wanted to know if it is really possible to change the EB category while filing for I-140 ?

2. What are the pre-requisites for the same ?

3. Given my Educational qualification and experience, will i be eligible to file under EB2 category ?

I would really appreciate if you could find time to answer my questions during the May 17th Call. Since i am eager to apply for I-140 before my next H1B yearly renewal. That way i can take advantage of 3yr extension. I have already have applied for 9th yr renewal and awaiting its approval.

Thank you very much in advance,

Warm Regards,

Questiond for May 17th Conference call

Name :Senthil K

VISA Status : H1 B visa expiring on Dec 31 2007
Current Employer : Company A

Pre-Approved Labor : Company B
Process Date : March 31st, 2003

Questions :

  1. Is it possible to use Company B pre-approved by labor Substitution at this time? (Confused about "LC Substitution Regulation - OMB Review Concluded" - please advice)
  2. Is it possible to file I-140 in premium processing?
  3. Is it possible to file I-140 before transferring the H1? If yes, what's the risk to get approved?
  4. The consultancy has 15 employees ONLY? Is it will affect the my GC processing?
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Registered Users (C)
Hi Rajiv,

Thanks for this conference call. I have a generic question which might have been answered before. But for the benefit of everyone would like to ask this 1 more time.

These days we have noticed that the H1B transfer cases (regular or premium) are taking atleast 5-6 weeks to be receipted. And because most employers would not keep a position open for so long, many are loosing out on new job offers. Are there any ways around this ?

1) Can we use the FedEx receipts to begin the new employment rather than waiting for the receipt from USCIS ? I understand that there are risk associated with this, but I dont know how much of a risk it is.

2) Would you suggest any other work arounds for this problem ?



Registered Users (C)

Thanks for helping us out with these fortnightly calls. They help us a long way in getting our questions answered !

I have a Bachelors in Computer Science from India (graduated in 2001) and a Master's in Computer Science from US (graduated in 2003). I started my internship with a F-500 company in June-2002 which converted into a full time job from January-2003. So, I was on F1 from Aug-2001 to Dec-2002. I finished my graduation on H-1 (May-2003). This company applied for my Green Card (GC) in March-2004 under EB-3 (since I joined the company with a Bachelor's degree). Because of the fear of retrogression, they told me to apply for a PERM labor, under EB-2, as well in April-2005 which got approved in October-2005 (priority date of EB-2 is August-2005). My lawyer called me again last week and told me that the INS has pulled out my case from BEC and it might (lawyer never says "will" :) be approved in 2 months. He also told me that I can apply for the I-140 premium processing for the old labor (EB-3) which will be approved in a week. Further more, he added that I can use the priority date of the EB-3 (March-2004) to file for I-485 under the EB-2 category if that is current. I am sorry I confused you here. So, here is the summary:

Bachelors Degree in Computer Science: August-2001
Master's Degree in Computer Science: May-2003
Date of joining the Company "A" as Intern: June-2002
Date of joining the Company "A" as Full Time: January-2003
Date of filing of EB-3 Labor (priority Date): March-2004
Date of filing of EB-2 Labor under PERM (priority Date): August-2005
Date of approval of EB-2 Labor : October-2005
Date of I-140 approved for EB-2: December-2005
Anticipated Date of Approval of EB-3 labor: July-2007
Anticipated Date of Approval of I-140 for EB-3: July-2007


If I change from Company "A" to Company "B" and company "B" applies for GC in EB-2 category, can I retain my priority date of March-2004 (EB-3 Labor Applied in March-2004) assuming that Company "A" revokes both the I-140's (EB-2 and EB-3).

Questions 2:

My second H-1B expires in September-2008. Can I get a three year extension if I change to Company "B" and they apply for labor but it is not approved before September-2008 ?

Considering the noise created for the priority dates, I want to clarify what is going to happen before taking the next step.



Registered Users (C)
Regarding RFE for medicals

Our I-485 is pending for 2+ years and PD current.My husband is primary and I am derivative .
I couldnot take required immunization as i was pregnant that time. I am unable to go to India as i am
expecting RFE for medical.
Which of the following option is good.
1.)Can i take it now and send it to USCIS even though i didnot get any RFE for that.
2)Can i take the required immunization now and my husband will keep the record and I will go to India and if any RFE is issued, my husband will reply RFE as he will be here.
3)I have to drop my trip and wait for RFE, then take immunization and later plan the trip.
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