Recorded Answers Available for Conference Call on April 19, 07

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Registered Users (C)
Hi Rajiv,
I know there are many Company A / Company B Scenarios posted in the questions before me. I'll make it quick and straight forward.

I'm planning to get my GC from my previous employer because I have a much better priority date with them. Due to a mutual understanding my previous employer is not expecting me to join them after the GC, hence I may not want to join them if they can't find a suitable client for me.
1. Is it okay if I never join the company who sponsored the Green Card? Will this cause any complication in future (Renew GC / Citizenship)?
2. I have an approved I-140 with my current company (but with a recent PD), can I port the PD from my previous company to the current one?
3. Which of the above two options are better according to you.
4. Can I file for 485 thru previous employer and use AC21 portability to transfer the process to current employer?
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H1B 6 Years completed: For new 6 years validity (extension/New H1B)?

Hi Rajiv,

Thank you very much for hosting this call to help the immigrants following is my question.

I am working on H1B and leave the country 1 month before completing my 6 years period(June 2000 - May 2006). My objective is to stay out of the US for 1 year and re-enter. My employer applied the H1B extension on April 2006 based on my 365 days labour pending application. It was approved in the August 2006 and my employer sent the documents. I went to the consulate on Mar 2007 and I got the VISA, which is valid until September 2007.

1. Do I need the 65K quota available for applying the H1B?

2. After completing the 6 years period, Do I need to file the new H1B (or) Can I extend my old H1B? (Note: My job is still open and employer is willing do)

What are the better options for me to get the 6years of valid H1B again?
Hi! Thanks for the great service.

The terms of my recently approved LC are MS with 0 years or BS with 3 years experience as per ETA 750 Part A. In Part B of LCA we indicated my MS as well as my 7 years of experience. Now my question is, for I-140 do I have to attach all my experience letters even though labor approval needs only MS, just because I mentioned the experiences too in ETA 750 Part B of labor application? Will it negatively impact the I-140 approval, if I keep it simple & show that I meet LCA conditions by attaching only my MS degree?



Registered Users (C)
Passport queestion

Hi Rajiv,

Thanks for the wonderful service.

My spouse in in India, I am in the US.

We got married in Jan 2007. Our marriage certificate has my wife's name before the marriage. I also got her H4 done (which also has her old name, the one before marriage).

Now she applied for a name change and got the govt. document. Since her air ticket to India is issues in the new name, I think she will have to apply for her new passport (reflecting her new name).

My questions are:

1. Is all the above right?
2. How much time does it take to get the new passport (Pune)
3. The marriage certificate has her old name, so is it a problem?
4. When the new passport is issued, do they change the name on the VISA automatically? Or does it need a trip to the VISA office?
Post Questions for Conference Call on April 19

Hello Rajeev,
I have H1B(3 year extension on basis of I-140 Approval) and EAD both, last December I enter on AP as problem to get appointment for H1b stamp, my question is can I extended my H1B again for 3 year? As I enter in this country on AP? My H1B is still valid? I have not submitted I-9 form to my employer for EAD and still with H1B.
My lawyer filed green card under EB3 category on 2002 even though I was having approx 10 years of experience with bachelor degree(B.E ) from Bombay university at that time when file GC, can I file again on EB2 with same June 2002 priority date? What are the chances to get under EB2?

Thank you,
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