Recorded Answers Available for Conference Call on April 19, 07

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Registered Users (C)
Dear Sir,
My I-140 (in EB-3) got approved from comapny A. I resigned for that company and joined Company B. Company B filed for my PERM labor and after approval filed for I-140 in EB-2 with Masters degree. ( I am a 3 yr B.Sc + 2Yr M.Sc from Andhra University, India) That EB-2, I140 got denied from NSC saying that I do not have US masters equivalent.

I am starting a new PERM case in EB-3. I have 12 Years of experience.

1) Do I need to cancel the earlier approved PERM labor ( for EB-2 case) before I apply for new EB-3?

2) Can I apply under EB-2 saying that Bachelors+ 5Yrs expereince as equivlent to masters? ( will this has a better chance?)
3) I want to port my EB-3 PD ( July 2002) to this new EB-3 or EB-2 case. But the company B is showing loses in their 2002 tax returns. But they were paying wages to all the employees then. will this be a problem?

4) Can I get 3 yr H1 B extension based on by Company A I-140 approval?

Thank you Sir,

1) Using remaining period in L1A and 2) Stay beyond i-94 expiry

Hello Rajiv,

I entered USA in 2001 using L1-B category, and in 2004 it was renewed under L1-A category. My employer filed for Green card in mid 2004 under EB1 category. I-140 has already been approved, and I am now waiting for I485 Adjudication (Stuck in Background check for almost 3 years!).

I have following questions:
1) The L1-A petition approval was expired in Feb2006 and company did not renew it since I could continue to work on EAD. Now, if the I-485 is denied by USCIS (less likely, but still..) can my company apply for L1-A extension again ? If Yes, given the fact that I have already stayed 6 years in USA (3 Years in L1B, 2 years in L1A and 1 year in EAD), how much L1A extension I would possibly get?

2) I am now working based on valid EAD and Advanced Parole valid till end 2007(and will renew both thereafter). My I-94 expires in May 2007. Will this I-94 expiry put me in out of status after May 2007? I will be traveling to India in Sep 2007 for 2 weeks, and will get a new I-94 during re-entry, but is there any reason to worry(or negative impact) if I stay in USA beyond the current i-94 expiry date (May 2007)?

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Filing my N-400 without knowing spouse's date of naturalization

Hi Rajiv,

I married US citizen, got GC (H1->GC). She is naturalized through her parents (under 18 when both parents naturalized).

She had a US passport, but no naturalization certificate. So I applied it for her alongwith my Green Card in 2002. I got my EAD, GC(Conditional and 2 yrs later unconditional) everything on time. But her case has been thrown around between service centers ever since.

Now it's going to be 4yrs9mths and I am planning to apply on the basis of a 5yr stay. However it's still going to be the same N-400 - Part 8 (information about spouse) asks for spouse's citizenship status, alien number, place and date of naturalization, which I don't have. I did'nt apply after 2yrs9mths based on marrying a US Citizen due to that reason.

If I still go ahead and file, would my application get held up and be deemed incomplete?

PS - Obtaining the naturalization certificates or naturalization dates of my spouse's parents seems very unlikely.

Thanks in advance
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Registered Users (C)
Hi Rajiv,

Thank you for the wonderful service you are providing to the community.

My question is regarding working as an apprentice (no expectation of compensation, other than the experience gained) for a company outside US while on H1B visa. Is it allowed? Since the work involved will be through remote login procedure, I will still be physically present in US (working on my H1B day job).


PS: I will be unable to login during the duration of the conf-call, as I usually download the conf-call recording.


Registered Users (C)
Hello Rajiv,

Thanks very much for hosting this call. following is my question.

I will be completing my 6 years of H1B visa in July 2007. (First 3 yrs on L1B and the next 3 yrs on H1B). So far I havent started any of my Green Card process.

If I want to continue staying/working here beyond the maximum of 6 years, what are my options ? 1 option that I have think of is, doing a change of status to L2 (my spouse has L1B visa - 5 years will get completed in 2010) and then applying for EAD.

1) Can I use this EAD and continue with my current employment ?
2) If yes, can I then have my current employer apply for Labor and I140 (start my GC process) ?
3) If I get my I-140 approved by next year (July 2008), can I then get 3 year extensions on my H1B visa and go back to H1 status ?

Thanks again.
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Dear Rajiv,

Thanks for hosting the conference call. I would need some help understanding my options for the scenario I am in.

A) I had applied for H1 (Company A) in the 2005 quota and got an approval for the same with a start date of Oct ' 2004. At that time I was in India.

B) I chose to come to USA in Nov'04 on a L2 visa for 3 months.

C) Then again I came to USA in Oct'05 on L2 visa. Thereafter I have not returned to India and changed my status to L1 (Company B)

Q1) Now, if I wish to change my job, can a new employer (Company C) file for a new quota exempt H1B visa for me ? I have the 797 from Company A and it is valid until Oct'07. So can I use that as proof to show that I have been counted against quota in the past 6 years ?

Q2) If the answer for Q1 is yes, do I have to find a new employer and file for a new quota exempt H1 visa before Oct'07 ?

Thank you very much. I appreciate you spending time to answer these questions.


Registered Users (C)
Hi Rajiv,

My question is on post graduate degree from india for EB-2

I did my Master in computer applications (MCA) from reputed university campus in india. It's a 3 year masters after 3 years bachelor in computer science. Recently my employer started my perm for EB-2, the job description was prepared with "Masters degree or EQUIVALENT in computer science/computer applications/Eng/Information Sysyesm & at least 2 Yrs expr in job duties" clause. Do you think it is OK for I-140 approval as job requirement mentioned EQUIVALENT. Please let me know what care(like docs to attach etc) should i take while filing the I-140 to avoid rejection/RFEs.

I have one more question, If i change employer after I-140 approval, can i carry PD to new employer even if prior employer revoked approved I-140.

Appreciate your service.

Hi Rajiv,

Thanks for your wonderful service. My question is regarding the I-140 and filing for adjustment of status.

I have an I-140 approved under EB2 in Oct 2005 from Company B. I have a labor pending in backlog under EB3 category with Company A. Company B is not willing to share the I-140 approval notice. I only have the reciept notice with SRC# and print out of case status as approved from USCIS web site.

CompB: I-140 approved under EB2 Oct 2005
CompA: pending labor under EB3 Dec 2002
I possess: receipt notice SRC# from Comp B And
online case status as approved in USCIS website

Once my I-140 is approved from company A under EB3, can I file for adjustment of status (I-485) under EB2 with Company A using EB3 date and the online approval from USCIS website along with the reciept notice of Company B.

Question:: will the above possessed documents suffice for this case for AOS with date portability across EB2/EB3

Will USCIS accept these or will I have a problem to proceed with I-485 filing as I could not get a copy of I-140 approval either from company B or the attorney?

long wait


I wish to get my mother a green card. She is a non-immigrant worker who has established a professional worker sponser and has submitted ETA 750 Application for Alien Empoyment Certification on April 20, 2001. Due to the backlog in New York based applications, we haven't received any Notice of Action letter from the INS. It has been 6 years since.

In those 6 years, I received my green card through marriage to a U.S. citizen. I am aware that once I become a citizen (approx July 27th 2008), I can sponser her.

Which procedure will get us the best results, a) ETA 750, or b) my sponsoring her once I gain citizenship?

Is there anything I can do now as a green card holder to start the sponsoring process? Can my US citizen husband help in anyway given his status?



Registered Users (C)
IRS Form 8843

Hi Rajiv,

I wanted to ask your opinion on the following matter:

1. I am currently in medical school on an F-1 Student visa until 2010.
2. I was on a H-1B from 2000 to 2005 in an IT job.
3. I was on a F-1 Student Visa from 1999-2000.
4. My wife is currently on a H1-B. Her employer is sponsoring her GC (EB3-ROW). Her PERM LC and I-140 have been approved. AOS is pending due to Retrogression. I am listed in that application as a dependent.
5. I have been filing taxes as a Resident (For IRS purposes) since 2001.
6. My wife and I just filed our 2006 taxes as Resident-Joint Return.

I just heard that F-1 students need to file Non-resident tax returns even if they pass the substantial presence test. Is this true?

If F-1 students have to file Non-resident tax returns, then do my wife and I have to refile separately (hers as resident and mine as a non-resident)?

Also, I have heard that IRS Form 8843 "Statement for Exempt Individuals" is mandatory for all F-1 students by the IRS. Is this true?

There is a question (question 13) in this form that asks, "Have you tried to take any steps towards permanent resident status, ie greencard"? How should I answer this question? given that the GC application is in my wifes name and not mine?

If I file form 8843 and answer YES to question 13, then am i in violation of the non-immigrant nature of the F-1 visa?

For the 2006 tax year, can I just file Form 8843 (as I have already filed my tax return) or should I refile the tax return and include this form?

Lastly, do you know of any GC applications that got into trouble for non-filing of Form 8843?

Thanks for your help!!
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Thank you so much for any help you can give on my question.
I came to the US when I was a teenager with my parents. My father has an H1b and we have been here six years, it has been renewed again and the greencard process is almost complete. They are working on our date right now. The GC should have come in September of 06, but they say it is just waiting in line at Nebraska Service Center. Nothing is wrong, just waiting. Request for Evidence was in July 2006, but the sixty days has long since come and gone. As we thought it would be here by now, I scheduled my wedding to an American citizen for March 07. We went ahead with the wedding, so here I am, married, but I believe I am kicked off at this point from my fathers greencard application, correct?
The twist to this is, my mother and her children are here under my fathers H1b but also from asylum, but my father was not included as he has to be able to go back to help his family left in our home country. So, I do have asylum, I am in status because at the time of the marriage I was under my fathers H1b. What should we do now?
If I apply for GC under asylum it will take forever, so should I proceed now with GC under my American husband or is there some slight chance that I am still covered by my families GC application as I was a part of it when it was applied for and almost right to the end?


Registered Users (C)
Change Employment After 140 Approved

Mr. Rajiv,

I Am Working In Company A (xyz Type Business) As Analyst Since 2002. My Labor Was Filed In May 2003 And Got Approved In Aug 2006. Also Got I-140 Approved From Texas In Eb3 With 3 Years Bachelors. Filed For Extension In Company A. Now The Requirement Of The Position Which I Am Helding Is Masters ( As Per Uscis), But As I Am Already Working I Will Not Have Any Problems In Extension-lawyer Said. After I Get Extension I Want To Transfer My H1-b To Company B (xyz Type Business) As Analyst.
1. Will I Be Able To Carry My May 2003 Pd To Company B?
2. Do Company B Have To File labor & I-140 Again?
3. If Yes Will I Face Problems For 3 Yrs Bachelors?
4. If I-140 get denied can my current GC process with company A remain as it is active ( ofcourse when employer don't revoke)?
5. If I-140 Get Approved Will I-485 Get Approved With Company B?
6. Is it good to transfer H1 from A to B after labor and I-140 with company B (with old PD) get approved? or it dosen't matter?

God Bless You for all this wonderful service.



Registered Users (C)
Hi Rajiv,

My RIR labor certification case was filed in July 2003 from Chicago, IL that is still in pending status at Backlog centre. Around Feb 2006, the Company moved its office to California and closed down the Chicago office.

Please note that the company had got many labor cases filed and approved from Chicago in 2002 and 2003. Most of those cases are in 140 / 485 stage or GC approved status.

Can my labor cert be denied or have trouble because of the fact that the company does not have office in Chicago.

Can the labor application be summarily rejected as company office does not exists in Chicago or DOL can ask the employer to do a new labor cert or ammend the labor application. If so, will the Priority date be lost ?

converting from H4 to L1

Hello Rajiv,

My question is regarding converting H4 to L1. I worked for a big MNC in India for 2 years and I got married when the company was ready to apply for L1. Due to some factors, I quit the company and came to USA on H4 in August 2006.

Question: Is it possible to apply for L1 through my old company if they are willing to do so? I left the company in August 2006.

Your help in this matter is appreciated.

Thank You
H1 to H4

Hello Mr. Rajiv,
I am on H1 and my husband is on OPT, his H1 has been filed for FY 2008. I am planning on quitting now and which would mean moving to F2 and then to H4. I would really appreciate any information you can give me with regards to this process. I am specifically interested in understanding if this process invloves going back to India for any stamping or anything.

I sincerely appreciate your time and help with this.

L1 and L2 to H1 Conversion

Dear Sir ,

I am currently orking on L1A visa with company A and my wife has got her EAD and SSN on L2 visa. We have applied for H1 visas during the year 2007. My wife has got an offer from company B on her L2 visa and EAD.

Her company has asked her to reject the application form for H1B as we cannot produce 3 paystubs from her current employer required for H1 transfer from one employer to another. We don't want to loose the H1 if we get it this year. Also her new company said that in case her H1 gets accepted she looses her L2 VISA even if I am still on L1.

Is that correct ? Similarily if I get my H1 Visa do I loose my L1 status and if I loose my status of L1 can I still work with my current company ?

Also what happens if my wife gets the H1 visa this year and I don't get it and vice versa.

Thanks a lot for all your help.

We are really confused with the current situation. Thanks a lot for all your help in clearing our doubts.

Thanks A Lot.
Confused Guy


Registered Users (C)
Dear Sir,

I have BSc(3 Yrs) + MSc(2 Yrs) in Computer Science and my LC approved as BS with 5 Yrs exp. (ETC col (14) description B.S or equiv degree computer science).

I-140 filed in EB2 category. My education will be an issue for I-140 approval?

Priority date porting using revoked I-140

Hi Rajiv,

I have an approved I-140 under EB3 from Company A and I am on 7th year H-1 with 10 months remaining.
I am planning to apply for H-1 transfer to Company B & start the green card process under EB2. I have two questions

1. Will I get a 10 month extension for remaining period of Company A's H1 or am I eligible for a 3 year extension as my I-140 is approved?
2. Can I port the priority date from company A even if they revoke the I-140?



Registered Users (C)

Hi Rajiv,
We applied in the DORA program for rapid adjustment in Dallas
Interview 1/16/07, went great took 5 min
Receipt/NOA date 1/23, from MSC
FP 2/14/07
LUD updated 2/15 (case received and pending)
no 70 days letter,
2 info passes: no answer on when the 70 days letter will be sent or why it hasn't been sent already
1) should we E-file for EAD, and if so,
2) where to send the supporting docs (receipts for I-485/pics)
a) Chicago office
b) National benifits center (MSC)
c) Dallas DO
Child adoption while on H1

Hi Rajiv,

I am in the US on H1 and my wife holds an H4. We want to adopt my brother's newly born child. We understand that as per US immigration laws, the requirement for the baby to be defined as "Child" is to have stayed with the baby for 2 years. I would like to ask you

(1) Can my wife alone stay with the child in India for two years to fulfill the above requirement while I continue to work in the US ?

(2) Also, can they both visit me in the US sometime ? I mean can we get a tourist VISA for the child. If yes, will the time baby spends with us as tourist count towards the two year requirement ?

Thank You,
Navneet Arora
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