Recording available for April 23 conference call

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Registered Users (C)
AC21 to middle vendor


Thanks Rajiv for doing this wonderful service.

My I140 has been approved 1.5 years before and my 485 has been pending for more than 2 years. I have EAD. I'm working in consulting company at their client side. My end-client asking me to join the middle vendor on W2 so that client would renew my contract. I spoke to vendor's lawyer and he said he would file AC21 letter mentioning the job title and salary. He is not going to send offer letter because it is a contract position and offer letter has start and end date with the hourly rate which we can't anyway send it to USCIS.

My question is
1) Would that sending a AC21 letter alone is enough for job transfer using EAD?

2) The new job salary is 10% less than the wage offered in my Green card LC and I 140. Would that be ok? But my job title is same.

3) Do we need to include the skill set in AC21 letter matching to skill set mentioned in GC Labor?



Registered Users (C)
Military Accessions Vital to the National Interest" (MAVNI)

Hi Rajiv,
Is this true that certain physicians get direct citizenship if they join militory?
GC of wife and son in India

Hi Rajiv:
I am a GC holder working in India currently. I have applied for GC for my wife in June 2008 (family-based) and for my son (born in 2007) in June 2008. Will USCIS consider both applications at once or separately?

Also, are priority dates same as processing dates at a service center?

Rgds - Krishnan


Registered Users (C)
Questions on Re-entering USA on H1b Visa

Dear Rajiv,

I am on H1b visa and I have approved 1-140 from my current employer. Also, I will be completing my 6th year on H1 this year (Also my H1b is valid till 2010). I recently received Canada PR and I am in the decision process to whether to continue living in USA or to move to Canada. I have a few questions in this thought process.

1) According to my knowledge H1b visa holder may live in USA upto a maximum duration of 6 years. Does it make any difference if I live in USA for more than 6 years (will valid visa) and leave this country and after few year if I want to reenter USA on H1b. Is it possible for US consulate to reject my H1 application just for the reason that I lived in USA for more than 6 years in the past?
2) As I already have 1-140 approved. Considering the above scenario(point 1) when I renter USA in future on H1 with a different employer can I still utilize my priority date with new H1b.(assuming my previous employer didn't revoke i-140)? Do i have to continue working all these years(even outside USA) to utilize the priority date for GC application? The reason for asking this question is that I am planning to pursue higher studies in Canada before I re-apply for H1 in the future.

Thank you for your time on this.

kind regards,


Staff member
Question about stamping

I got an H-1 transfer done to a different employer and have a new approval notice.
My current passport has the visa stamp from old employer.
When i travel to india, do I just need a new I-94 on entry into the US or do I need to go to the embassy in India and get a new visa stamp on my passport as well.

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
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)
Answered on my blog today, Jack
Hi Rajiv,

I was working for company X till Aug 2008 and then got my H1-B transferred to Company Y in September 2008. I am currently working full-time for company Y. I had been to India in Jan 2008 and had the H1-B visa stamped on the passport valid till April 2008. I got the H1-B visa renewed after the first three years at company X in April 2008.

Now company X wants me to do some work for them. They had not reported to USCIS or cancelled my H1-B visa when I left the firm.

Here are my questions:

1. Can I still legally work for company X or do I need to file for H1 again?

2. Is it advisable to work for company X as a contractor or work part-time?

3. Do I need to let my current employer know about this arrangement?

Thank you for your time and consideration.

Best Regards,


Registered Users (C)
Hi Rajiv
I wan to travel to Puetro rico . I have H-1 b . I came to US with F-1 visa stamp on my passport. So except I-797 approval i do not any other doucment.
Do you think it is safe to travel to Puetro rico with my situation?


Registered Users (C)
hi raji, pls give me for doing this without calling u,
am a winner of dv 2009 frm nigeria and i suppose to be current by june. when i mailed kcc to ask for my interview date, they said that they have not received my form 230 which i sent to them since last year sept. so i sent a new filled form 230 on 20th april 09. my question is, is there any chance of me being called for interview before the fiscal year ends by 31st sept? pls kindly reply mail by sending a personnal message to me. GOD BLESS U.
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