Recording available for April 25 Conference Call


New Member
Hi. I am an American citizen. Now I am in Bolivia and my gf is Bolivian, doesn't speak English or even have a passport and is pregnant with our kid. It seems like a relatively straightforward thing for me to get my kid citizenship and bring him to the USA. Two questions here:

1)If I don't want to marry her, what route can we take with me helping to bring her to the US?
2)If I don't want to marry and I don't want to help her obtain a visa to visit, what route can she take on her own to obtain a visa to visit her kid?


New Member
cancel a Change of Status (COS) submitted with H1B this year 2013- urgent help needed

I am currently working in USA on L1B with an extended I94 (I94 valid till DEC 2014) with employer A.
Though my L1 VISA is already expired last year but I maintain valid L1 status with extended and valid I94 till dec 2014.

Employer B filed my H1B with COS this year and my case got selected in lottery. I have got the receipt number for that.
How can I withdraw or change the COS application and just get a consular process H1B now?

The reason for this change is - due to some family reasons I may not be able to switch to employer B immediately after 1st Oct 2013. I do not want to run into issues where USCIS already approved the COS and I needed to continue with L1 employer for couple of more months beyond 1st Oct 2013 or until my family situations are improved .

My understanding is if I continue with L1 employer beyond 1st Oct with a H1 COS approved, I will be illegal to do so which I do not want.

As my case is selected in lottery, I do not want to loose it completely. If possible I would like to change it to consular processing instead of change of status so H1 status does not kicks-in by 1st Oct 2013.

If I could convert the current COS to consular processing than probably I can continue with L1 Employer as long as my family situations improve and then when I feel comfortable I can visit my home country and get the H1 stamped and re-enter USA with H1 employer. I want to wait till my family situations are stabilize before changing my employment to H1 employer.

with COS already under processing with USCIS currently, how do I convert it to consular processing before it gets approved by USCIS ?

If you could provide detailed guidance on this case, it would be really helpful.


Staff member
Question request from a caller.

I am on H4 my wife just changed her employer,
her employer applied for H1 transfer for her.

But he didn't apply for H4 Status for me and said its not required
as my H4 is valid till Nov 2013.

Please address this question in this weeks conference call


Registered Users (C)
S744 - Restrictions on H1 dependent employer

HI Rajiv

In one of your previous community conference call session , I had inquired about the interpretation of restrictions on H1 dependend employer with regards to following
(a) Outplacement (15% or more)
(b) Allowable limit on max number of H1 employees for the year 2014,2015 and so on

Can you pls confirm if for both (a) and (b) , and intending immigration is excluded from the calculation and is not subject to the said restrictions. You had indicated that employees falling under (b) are exempt and are not counted against the limit BUT employees under (a) are not exempt and even intending immigrants are counted against the 15% limit. I wanted to once again specifically confirm if employees falling under (a) are exempt or not

I was reviewing the bill and its a bit confusing with regards to (a) . Following is the extract

OUTPLACEMENT.—Section 212(n)(1)(F) (8 U.S.C.1182(n)(1)(F)) is amended to read as follows:
‘‘(F)(i) An H–1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H–1B nonimmigrant employee.

The term ‘H–1B-dependent employer’ means an employer that—
‘‘(iii) in the case of an employer that has at least 51 full-time equivalent employees who are employed
in the United States, employs H–1B nonimmigrants in a number that is equal to at least 15 percent of
the number of such full-time equivalent employees.‘‘(B) In determining the number of employees who are
H–1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number.’’.