Questions Closed for May 17 Conference Call

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H1 transfer question

Hi Rajiv,
I am thankful for the guidance you provide to millions of people through this forum. I have some questions regarding the H1 transfer, it would be great if you answer them.

I came to US from Company, A in Mar 2006 on H1B. H1B and (and I-94) is valid till May 2008. In the month of April 07 I joined a new company, B. This company, B filed H1 transfer from company A to B in Mar07. In that regard I have some questions.

1. As per my understanding it is legal to work for second company if we receive the Acknowledgement number for Visa transfer case from USCIS. Is that correct?

2. In case the above mentioned transfer is denied the pay stubs generated by B will be legal? And after transfer denial (say in July 07) if I file another transfer (From A to third company, C) can I show Pay stubs from company B as an evidence for h1 status for the month of May/Jun/July?

3. Since I have the Pay stub for April 2007 from Company A, right now If I file another H1 transfer from A to third company, C as a backup, won’t USCIS ask for the pay stub of May 07 from either A or third company, C?

4. If I do not file any other H1 transfer as backup at this time and if this H1 transfer to Company, B is denied then can I file transfer from A to third company, C that time (say in July 07)? Or I have to go back to India immediately even though my I-94 is valid till May 2008?

5. If I can stay till I-94 validity (considering that company A has not cancelled my Visa) then as per my understanding if my transfer to the third company, C is approved then I won’t get I-94 with the H1 approval and I have to go to India to get H1 stamp on my passport before May 2008 (current I-94 validity). Is my understanding correct?

Thanks and Regards,


Registered Users (C)
H1 Extn, I-140 filing and 45 day rule

Hello Rajiv,

I have two scenarios on which I need your opinion. They are about H1 extension and I-140 filing for my approved labor.


I have spoken with you earlier regarding H1 & H4 extn, for which we haven't received the receipt yet. The H1 & H4 Extn was mailed out on April 14, and the existing H1 expired on April 29th. Based on your suggestion we decided to re-file. Both me and the company have sent the documents to the company attorney, and the re-filing package should have been mailed out later this week. On 05/16, my company informed me that on 05/15 the check for H1 Fee has been cashed by USCIS, but the H4 check has not been cashed yet. Given this, my company folks are suggesting there is no need to send the already prepared document for re-filing.

My questions are:
- Do you suggest that we still go ahead with the re-filing or there is no need to do it?
- Would this have any implication while filing for employment based 485? Do you foresee any issues?


My labor got approved by BEC on March19, 2007. We are in the process of filing I-140, which should be done in the next couple of weeks. Please note this labor is not substitution, but filed on my name and it took 3 years for DOL to approve it. Now with the labor sub rule elimination that is coming in place on 05/17, it also includes 45 day rule, which states the 140 should be filed within 45 days of labor approval. How would this 45 day rule impact labor’s that are already approved like mine? Are we given provision by which we can still go ahead and file 140 and not risk loosing the approved labor?

Thanks for hosting this call and providing your services to the immigrant community!
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Registered Users (C)
GC interview when divorce is pending


I have Green card interview at local INS office at San Francisco coming up this month end. This is my employment based GC. My wife's name is also there in GC application being dependent. We filed for divorce few months back and it is pending as of today.
It seems I got interview call because I was arrested 2 years back. My wife and myself had some argument and a neighbour called police. No charges were pressed against me and did not have to appear before court.

My questions are:
1) Since our divorce is pending, can my wife's GC be rejected during
2) Will INS have info about my divorce case during GC interview?
3) What can I do to make sure that wife's GC is not rejected?
4) Is only solution for this problem is to withdraw divorce case for now?
5) How important is it to take attorney with me during GC interview?

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Registered Users (C)
Job change and EB3 to EB2

Hi Rajiv,

Thanks a lot for hosting this conference call for people like me in need of some serious guidance. My question is not related to the topic but I really need some help.

My labor was approved in June-06 and 140 –EB3 was approved in March-2007 and currently in 8th yr. of H1B extension. I have already applied for 3 year extension. My priority date is Oct-04 (EB3).

I will receive my Bachelor’s degree in Aug. 2007 and I have 7 years of IT experience already in US and another 6 years in India.

• Can I switch employer based on 140 approval and once I receive 3 yr. h1 extn. with current employer.
• Since I will get my B.S in Aug. 07 can I file my green card in EB2 with new company based on BS + exp. (above 7 yrs. in US).
• Can I port the priority date of old 140 (EB3) from previous company to new 140 (EB2) with new company as the qualification for job will change and some of the job description as well. My job title will change from “programmer analyst” to “data storage administrator.”
• Can my experience prior to receiving the Bachelor’s degree be counted to file in EB2 category.
• I have asked my employer for a copy of my labor and 140 approval and he always answers back saying that it is a company document and its against the company policy so he cannot give me a copy. What should I do in this case?

I need to change my job as soon as possible and so look forward to your guidance.

Thanks a lot.


Registered Users (C)
Seeking advice (Thanks in advance for your time and response)

I see several people in the EAD forums that have fallen victim to my situation. I tried to reach you via e-mail. I guess I got a standard reply template. I am trying to reach you directly via e-mail and not via any 3rd party or attorney. If you have a few minutes; please reply back. Once again thank you for your time and response.

I am currently on I-485 pending (applied June 1st 2006)
I do not have H1B status anymore.
I am using my EAD which expires on June 17th 2007.
I had applied for my EAD renewal with receipt date of April 12th 2007.
Since it is not over the normal processing time of 90 days for EAD - the 800 number USCIS service is of no help.

Can I continue to work based on the receipt notice for the EAD renewal?
Will I be forced to not work till I get my EAD approval and EAD card in hand?
Basically, what options do I have?

Is this another false demand being created by USCIS to get a expedite ($1000 extra) service for EAD?

Thank you.


Registered Users (C)
EAD Expiring soon, no H1B


Thanks for help, in advance.

I have been working on EAD since last 3 years, and this year I am late in filing EAD renewal.

My EAD will not get approved before the expiration date. What are my options? I can not afford to stop working and loose salary, for me and my wife.

MY case details:
EB3-India (Nebraska Service Center)
PD: Aug-2003.
EAD1 expired: 11-Nov-2004
EAD2 expired: 21-Sep-2005
EAD3 expired: 16-July-2006
EAD4 expires at: 19-June-2007, renewal filed in May-2007.

Please advise. I dont have H1B since 2003.

Best Regards
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Registered Users (C)
H1 transfer is approved but no i-94 is given

Thank you for spending your valuable time and educating immigration related queries online. Thank you verymuch!!

I have applied h1 transfer and started working for this company thinking that he applies h1 transfer on time. But he delayed almost 1 month applying for h1 transfer.
Now, H1 transfer is approved but no i-94 is given. I have h1 visa and i-94 valid until this year end. Please clarify below things.

1. Should i stop working for this company until i get visa stamp for this employer?
2. Should i need to go out of USA or do i need to get new visa stamped on my passport.
3. Can i go back to my prev employer as i am sure they have not cancelled my h1(i cant think going back to my prev employer, but ..).

Please suggest!!


Registered Users (C)
F1 to GC


I am in a F1 visa, from last 1 and half years doing my masters in comp sc, right now i am in CPT which allows me to work for another couple of years and continue my studies at the same time without going to school. I am working fulltime from last 2 months as an IT consultant and my employer is ready to sponsor me for GC, i wanted to know if i can process my GC right away instead of going through H1 and than GC can i process my GC in F1 status while in CPT.

I am liittle worried about the situtation as someone told me that my intent was study as f1 and now i am filing for GC which shows an immigrant intent.

Pls. suggest me in this so, that i can take good decision.

Looking for your kind reply

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