Recording available for April 23 conference call

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Staff member
Recording available for download for the April 23 conference call.

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: May 7, 2009

Conference Access Number: 1-785-686-1324
Conference Passcode: 552855

NOTE: 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.
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Registered Users (C)
Hi Rajiv,

First of all thank you very much for your call and answering our questions.
I have following questions.

1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June.
Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

2. My labor and I-140 is approved but if H1B extension is denied then I have to go back to Inida.
Is my GC processing can be continued? If yes, In order to maintain my GC processing how quickly do I need to come back to US?
What other options do I have in this scenario?

Jack (Name Changed)


Registered Users (C)
Hi Rajiv,

Thanks for you help. I received my Green card week back but here is the background

1. Have 3 approved i140 ( two with current employer eb2 PD 05/10/07, eb3 PD 08/03/06) ( one with former employer eb2 PD 05/31/02)
2. Filed 485 with eb3 PD 8/03/06 approved i140 at that time of filing. NBC
3. Subsequently sent an inter-file letter 02/09 asking to replace underlying i140 to that of subsequently approved i140 of former employer eb2 PD 05/31/02. Recd ack. letter for interfiling on 03/17/09 establishing 2 i140s in the file.
4. Recd another i140 approval for eb2 with current employer who notified me on 3/27/09 but notice of approval dt 3/12/09. We asked at application itself to retain the earliest PD but approval came with the error & state PD as 05/10/07 it’s original. We asked CIS to send the duplicate approval with oldest PD (05/31/02)
5. The 485 approval notice dt 04/07/09 for me states PD as “09-29-07” for which I don’t have any i140 that matches to this PD. Incidentally this date is my 485 notice date although it is received on 07/03/07. The 485 approval notice of my spouse states PD as “05/31/02” which seem to be my previous employer eb2 pd

Question: Based on the above sequence/background,

1. What in your judgement which i140,CIS used to approve the 485? while I know its eb2 but which employer? I am confused as to where I need to work?(former employer or current employer?
2. if your judgement is current employers eb2 i140, then howlong one should work afer GC (safe period)
3. If your judgement is former employers eb2 140, then either i should go work there or continue with current employer in AC21.. that case do same/similar issue crop up since CIS has all the employer i140/job description in the file?
4. Can I send CIS a letter asking to explain which employer they approved? or is it asking for trouble?


Registered Users (C)
Wretched Labor substition

Hi Rajiv,

While I understand that Labor substitution is no longer allowed, its effects still linger on (and on and on) for people who were shortchanged by this practice. My question is what aspects of the law allowed labor substitution? Even before the rules were rewritten to explicitly state that a PERM is for the person for whom it was initially applied, the current and previous rules specifically says that the labor certification is based on a "job offer" -- not a "job position". Now if I know my English right, a job offer, unlike a job position, is made specifically to the individual in the offer. If someone else gets to fill the same position, he needs to get a different "job offer".

Therefore, I believe there is sufficient grounds to suggest that Labor substitution was never really supposed to be in place. Let us say USCIS was magnanimous in allowing it (sure, they can do something which does not harm -- dare I say discriminate -- other applicants in the queue). However, by allowing the Labor substituted applicants to take on the priority date of the original applicant, barring specific laws to support labor substitution, USCIS has been continuously discriminating against people with original labor filings, and continues to do so (due to the backlog of filings in 2007).

Not sure if 8 CFR 204(5)(e) comes into play, but it clearly states that a PD can not be transferred, which is another factor against allowing PDs to be granted to substituted applicants.

I know, I dont have a specific question in my posting, however, I was hoping to hear your views on the topic.

Given that DoS is no longer allowing spillover from EB1 to get into EB3, despite distinct and specific language used in EB spillover as opposed to FB spillover, and USCIS is giving earlier PDs to labor substitution cases, it is hard on people in EB3-I who have early PDs of around 2001/2002.
Hi Rajiv,

Scenario: H1B expired Feb'09. Filed extension in Oct'08. RFE raised on 17 March'09. Last Date to respond 1 May'09. I-140 Approved. Out of Project.

1. If I file my response and USCIS deny extension, but before that I file H1B transfer which is not approved when USCIS deny my case. Can I legally stay in US based on my H1B transfer applied?

2. Do we have to file extension after Transfer or it can be applied together?
3. If extension denied and I go back to India, file New H1B which would be out of quota. Will this H1B given for 6 years or 3 years?

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New Member
Surname Spelling mistake

:confused:Hello Rajiv Sir,
I am planning to get my parents to US on a visitor visa. I have got a strange problem, Surname spelling (of my parents) in my passport and in their passort is different. Its DAS in my passport and DASH in their passort. Will this be a problem in visa processing as I am going to be the sponsor.

Thank you very much!

Lay off situation

Hi Rajiv

First let me thank you for taking the question.

I will be laid off soon by my current employer due to reduced workload. I have H1b (8th year, stamped in passport till Feb 2011) with this employer. I also have EAD approved till April 09. I am also attending business school simultaneously.

I am in good terms with employer. Employer is willing to provide good faith letter for intent for future employment.

I have two questions:

1. Can I switch to EAD with this employer taking reduced hours and pay (less than approved in LC) temporarily and then switch back to H1B once the full time and pay is resumed?

2.If I take an employment with another employer which is not simillar to my current postion. Can I keep my I 485 pending with my ex employer if they are
willing to provide good faith letter for intent for future employment? In that case is it better to resign stating education reason than getting laid off?

I appreciate your help

Thank you

H1 change of status( COS )

Hi Rajiv,

I am working for A on L1 , and I 94 is expiring on May 27.I am asked to go back to India on May 10.I have a H1 petition approved from Company B in 2008, but i went to Canada before Oct 1 and Returned on OCt 2nd on L1 , i.e did a leap Frog to stay and work with Company A legally.

1.Since I am asked to go back to India, i want to quit the Company A and work for Company B.What should i do without going out of the Country.

2. Since I had a H1 B I94 which came along with my petition,so my company applied for an amendment,Usually how much time does USCIS take to approve this. What happens if it get rejected, Is my petition still valid for stamping?

3. What would be my status after May 27 , if i dodnt get any response from USCIS.Is it legal to work for Company B?

4. how long I can stay in USA after May 27, if my amendment(COS) is in process.

5. What will happen if I go out of the country during this COS in process.

6.At any point of time how to kow what is my status( L1 or H1 ) ( is there any website to check for it ). Can I talk/email to USCIS officials?

7. Do we have premium COS? I already applied for normal COS, can I make it premium now?

8.) If i dodnt have any status after May 27 , can i apply for a visitor visa so that i can have a status and wait for COS approval and how much time does it take
to get a visitor visa.

Thank you so much!! You are doing a great service!
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Registered Users (C)
H1 Status

Hello Rajiv! Good Afternoon

Currently I am working on L1 visa. A consultancy company applied for H1 visa for me last year. He is telling that I got Approval, but he did not give any thing like petition or Request number.

Can I contact USCIS to find out if I have a valid H1 petition?

Thanks a lot!!


Registered Users (C)
F-1 visa


I'm trying to get an F-1 visa (while working on an H1-B with 485 pending etc). F-1's my only remotely viable option and so, I can't try going to school on an H1 / EAD etc.

Since the F1 doesn't allow you to enter the US more than 30 days before the start date on the I-20 (which is mid-August) my question is this -- can I apply for the F1 earlier on (i.e., sometime in May or June)?

So, even on the off-chance that I actually manage to get the F-1, I'd like to be able to come back using my H1-B or the AP, continue with my job and later quit my job and then re-enter using the F-1, closer to the school start date?

It's just that I'd like to know as soon as possible as to whether or not I'm going to get the F-1.

Related to that, the other question -- would the consulate expect me to have quit my job before applying for an F-1?

And, of course, all of this would depend on whether or not the consulate would agree to not cancel my H1 in case they grant the F-1?

Or, even if they cancel it, I could come back with the AP and work with an EAD for the next 2 months or so?

Thanks a lot!


Registered Users (C)
PD dates

Hello Rajeev,
I would like ask a question about PD transfer. I have worked for Comp A and they file labor and I140. We got the approved I-140. but i left the comp A and they used the labor somebody else.
Now I joined back comp A again they filed my labor again and i got appoved. Now time to file I-140.

My Question is

Can We Port my Old PD of my Old I-140 to new I-140 when we file new I140 ?

Does it make a problem as some body used the labor and I-140 ?

Please suggest. We have a copy of old approved I-140 .
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Consular Processing

Hello Rajeev,

I am the new member, and was recommended by a friend about immigration portal. I have heard the last conference call recording and the question posted by aos_me, as below for your reference.

[We have I-485 interview next month for my wife who is on H1-B but she has not been working since 2007. Her H1B visa expires in Apr 2010. We have all the required documents except her W2s and paychecks. Would that be mean her I-485 would be denied. I was told that her out-of-status issue would not be an issue as she is married to a US citizen. Please can you shed more light on this issue.

You had answered this question as responsibility of employer. I will have similar situation but the only difference is I am prefering to do consular processing from home for myself and my wife is US citizen. I am preparing the checklist of document that consular officer may ask seeing my work history and stay in US.

1. My paystub (lacking for 7 months)
2. My W2 (According to LCA it should be 53k - I have 18k)

What is the officer ask for paystub and W2?
What proof should I have to defend myself? (In case employer does not cooperate with me than, Copy of letter to employer asking pay, copy of WH-4 complain)

Causer if I do not have any proof to defend, as per law there are chance of rejections and ban to retry for 3,5 or 10 years.



Registered Users (C)
I-140 A2P W-2s in 3 different states for the past 3 years

Hi Rajiv,
I am an employee of a small consulting firm of 80 employee. Where ever we get project
I go there, stay there and complete the project and comes back. In the past 3 years I did
projects in 3 different states and have 3 different states W-2 one for each year. Whenever
I got project in a different state, a new LCA has been obtained in that state. Now I got an
RFE for A2P and request for past 3 years W-2s. My GC job locaton is TX where as my w-2S INCLUDE
Different states including one for TX. Does this cause any issue in my I-140 approval.


Registered Users (C)
Hi Rajeev,
I am planning to call my mom on my graduation(Nursing).We have a GC and my husband is sponsoring her, since he works for a reputed hospital in here.We have sent all the require documents including health insurance.There are few problems my mom has. First she is separated,but she has her mother,daughters,son and grand-childrens living back home with her.Other major factor is she had a brain tumor in past which was noncancerous, got operated before 8 yrs and left with left sided weakness.Apart from that we have enough finances here.My mom has her personal properties and solid bank balance as well.Also included is the doctor's verification letter saying that she doesn't have any acute problems except that past medical history.My mom has also traveled few foreign countries for vaccations after her surgery.
You think she will still be able to get her visa.


Registered Users (C)
I-140 RFE response by new lawyer

Hi Rajiv,
And also a the I-140 RFE response was answered by a new company lawyer from a different lawfirm. I beleive he attached the new G-28 from the company. Incase if any issues arise will you takeup the case on my employers approval? and who should I consult for the details and the cost.
replying to RFE by a different lawyer from a different law frim with a new G-28 cause any issues?
GC holder: Returning after 370 days stay outside US

GC holder. Re-entry permit expired Aug 2008. Spouse had major complicated life-threatening illness which was undiagnosed in US. Went overseas in July 2006 for diagnosis/treatment. Few surgeries done and recovering. Last visited US for diagnosis in April/May 2008 and on doctor's advice, returned overseas to continue treatment.

I work at US company's overseas branch. I need to return back to US on official work. But, due to some overseas branch activities (organizing a major conference overseas with visiting US luminaries in their field and local CXOs), I cannot return within the 365 days of last visit. Will be able to return about the 369th or 370th day of the last trip in US.

1. As returning resident (SB-1) visa would take time if I file, what are my options?
2. Can I just fly-in with my spouse's medical reports and letters/statements from my employer?
3. If I am denied entry, what are my options?

Thanks in advance for your response.

p.s.: Plan was to return when wife has the surgery and recovers with a SB-1 visa in the future. Meanwhile, company also wants me to stay at least for another year as business opportunities/expansion prospects in this part of the world are good.
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Registered Users (C)
US Citizenship

Dear Rajiv:

Firstly, thank you for this great phone conference service.

I obtained my Green Card in June 2005. I believe I should be eligible to become a citizen by June 2010. I have been continuously living in the US since I obtained my GC [except for a 4/5 month vacation I took from March 2007 to August 2007, when I went back home to Africa]. I will be graduating with my graduate degree this June 2009, and thereafter would ideally like to return to Africa and live there till I become a US citizen one year later, in June 2010. I have lived continuously in the US for well over the 30-month requirement of continuous residence required for obtaining US citizenship.

Since I have continusouly llived in the US for a good 43/44 months, I was hoping to be in Africa starting June 2009, and return to the US once every 6 months (for a month or so) until time comes for my citizenship. Effectively that would mean a trip to the US around December 2009, and another trip to the US for my citizenship interview in June 2010. In Africa I may/may not work/start a business involving some connection to the US. I could say that I am looking for business opportunities in emerging African markets.

1. Is this plan of living abroad for my last year before obtaining citizenship safe (Provided I return to the US 2 times during that last year)?
2. Do you think the immigration officer at the port of entry could give me issues, even revoke my green card possibly?
3. Would applying for a re-entry permit make my case (of being genuinely interested in residing permanently in the US and becoming a US citizen) more credible?

Once again, many thanks!
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Registered Users (C)
I485 and I765 Pending

Hello Rajiv.

I applied for green card through marriage in 2006 and it is still pending as of today. I spoke to an immigration officer and he told me that my name check has been cleared and not its under review in Houston office.

I also applied for work permit in February 60 days instead of 90 before expiration as I was out of town due to work.


1) My current EAD expired on April 14 and my employer gave me leave of absence for a month and I am not sure how long they will hold on to my position. I tried expediating but MSC denied it because its within their time frame. What can I do which can help me out either expediating my EAD?

2) Immigration officer told me that my case is now in local Houston office and its under review but they don't know how long it will take to process the case. Finger prints are done already for the second time but they did not ask for medical again as I sent them orginals back in November of 2006. From your experience what is holding them to finalize my case with background check complete.

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Hello Mr. Rajiv

I've 4 quick questions. I applied for my first H1 Extension for 3 years (after completing 6 years). My H1B is already expired in Jan-09. RFE raised in Extension. Last date of response is 5 May-09.

Q-1. Can I transfer my H1B to the other company before 5 May-09? Should I file H1 transfer in Premium-processing category? What do you suggest?
Q-2. Will decision on my H1B extension will affect H1 transfer process or these 2 are independent?
Q-3. Can I stay legally in US based on H1B transfer receipt?
Q-4. My new employer will put me on project in first week of July. Is it OK if he does not run my payroll for 60 days? I heard there is some 30/60 days period.

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Can I recoup lost months on my H1B ?

Dear Rajiv,
I was on H1b for 6 years in the past and currently on F1. If I want to file a new H1b then as per USCIS rules I have to stay outside US for 1 year. I would like to mention that I had a layoff while I was on H1b and wasn't able to adjust my status in time, so technically I was out of status for about 8 months. USCIS approved the new H1b but asked me to go out of the country to get the visa stamped which I did. However, the 8 months I lost were included in my 6 years of H1b visa.
I read on the forums that it is possible to apply for extension for the duration for which I am out of status or on vacation outside US. I actually used up only 5 years and 4 months of my H1b. (Also about 6 months of vacation too!)
My question is can I now file a petition for H1b extension for at least 8 months for which I was not on H1b status?
Thank you
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