Recording available for August 1 Conference Call

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Staff member
Recording is available for August 1 Conference Call.

Conference Dial-in: : (202) 800-8395
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 15, 2013

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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New Member
GC Perm audit - which option to choose (should travel outside or NOT required) to get H1 7th yr extn

my PERM filed on 25th Jan2013 and its selected for random audit now.My H1 max out date is 5th Feb 2014. this is short of 10 days to 365 day point. and I dont have any recapture time.
so pls guide me

Option1: Do I need to travel India for 2-3 weeks to gain re-cap period (due to 10 days short of 365 point) (to get 1 yr extn based on pending perm)
Option 2: Pls suggest if it is NOT necessary to travel as h1 extn will filed in regular processing and close to max out time, by the time USCIS opens my h1 extn case it will be more than 365 days pending perm and I can get extn based on that

I prefer to avoid travel, if it is an option.


Registered Users (C)
Hello Sir!

My US Citizen wife filed for my adjustment of status from H1 to GC.
I received EAD based on the application.

After first and then second interview, we got denial for both I-130 & I-485.

I-130 appeal (EOIR-29) was timely filed with BIA and currently pending with BIA.

My questions are:
- Is this EAD still valid ( though none of the denial talks about EAD)?
- This EAD will be expired in couple of months. Can i file EAD extension based on my BIA appeal pending?
When i need to file this extension?

It would be great if you take time to explain about the possible outcomes (their effect) of this BIA appeal,
and what to do in those situations?

Appreciate your great service !!


New Member
AC-21 Restrictions


I am aware that moving jobs using AC-21 when on EAD/AP requires the new job to be "same or similar". Are there any other locations? Salary? Location?



Registered Users (C)
EB3 to EB2 - Ported - I485 RFE

Hi Rajiv Khanna Sir,

Thank you for all of your support,

EB3 (june/2007) to EB2 Interfiling case,
Recently discussed with support center and raised a service request for confirming my interlinking,
it resulted to an RFE on same day. received RFE letter for interfiling.
Responded back to USCIS and status is in "RFE Response Received"

My immigration status as of now is in AOS (i485 filed by myself),
will i be able to apply for AP and eligible to travel to India upon approval.
What are other limitations we have to consider when AOS (i485) is in RFE mode.

your personal interest in giving appropriate guidance is very much appreciated.

Thanks & Regards,
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Registered Users (C)
DOB in Birth Certificate Vs Passport

Hi Rajivji,

My wife is becoming a citizen next month. I am currently in H1B . I was preparing my documents for my GC and found that I have a different date of birth in birth certificate wrt passport . This happened due to a clerical mistake in my educational documents which was used while applying for passport . I was able to get all the documents from India corrected other than the passport . Passport change requires a court order. Court proceeding are in progress . But it might take several months .

Meanwhile In this situation can I apply for GC with my original DOB and supporting documents for that and also provide an affidavit from parents explaining the reason for difference and actions taken to rectify it ?



Registered Users (C)
Can I Tranfer my cancelled H1B

Hi Sir,

I am new to this forum I just want to know if there is any posibility to transfer cancelled h1b visa to other employer.

Here is my case,

I am working with some A organization in inda, my organization processed a h1b visa for me and It's got approved.
Due to some personal reasons I came out from A organization and joined to some B organization. I never travelled to USA and I just have recepit number.

Please let me know what can i do in this case, I dont even know the status of my h1b.
Please let me know can i transfer my h1b to other employer if in case A orgonization cancelled my visa.



Registered Users (C)
Birth certificate & N400 Issue

Dear Rajiv - I need your suggestion regarding Birth certificate & N400 Issue - Any advice?

The Issue:
My full name is 'NXXXXX MXXXXX'. This is how it is spelled in my passport and also in my green card. DL, SSN and all my official documents. However my birth certificatesays 'LXXXX NXXXXX'. This has never posed any problem while applying for my green card or any immigration visa. This middle was never used except in my shooling certificates.....

On July 8th i had my citizenship interview. The Immigration officer did the routine check of Civics History and English test and said i have passed and gave me the Approval form to be filled up and wait for my name to be called. After an hour or so he called me an mentioned that all my documents mentions first name as 'NXXXXX' and Birth certificate says 'LXXXX NXXXXX'. He wanted to see if i have any proof or documents to see if NXXXXX and LXXXX NXXXXX is the same.

Unfortunately i don't have any and he put the 'Decision cannot be made' in the form (oath ceremony)and said another FBI check needs to be made on 'LXXXX NXXXXX' name. I am worried at this point and not sure how things are going to turn out...Any one faced similar situation? I am thinking of taking an affidavit, incase if i get any question...but wondering is this going to be an issue?


New Member
Green Card EB2 Eligibility

Hi Rajiv

I have a question about which category (EB1/2/3) of Green card i fall IN.
Nationality : India
Education : Bachelor of Engineering in Computers
Experience : 4 yrs with employer A(2 yrs in India + 2yrs in USA) + 1 yr with employer B(USA) = 5 yrs experience
Designation : Quality Analyst (Information Technology)
Visa Status : H-1B

Now my new employer i.e. with employer B with whom i have worked for 1 yr will file my GC.
Under which category i fall of GC, usually my employer says EB3 since they say u need to have 5 yrs of experience outside employer B i.e. my previous employment.

Please suggest which category i am eligible for. Thanks in advance !



New Member
Re-applying for H1B

Dear Rajiv,

Thank you for being generous with your time to help the immigrant community.

I would like to know how I should go about re-applying for H1B. Previously I was on F1 visa and did my masters degree from USA. Post my education I was on a H1B by employer A. When I joined employer B, my H1B was successfully transferred to employer B. In total I worked for about 3 years on my H1B. As I was transferring my H1B to employer C (in 2009), the transfer was denied. As a result, I left for my home country, India, and have been here since.

I wish to understand how a prospective employer can file H1B for me - If I am to re-apply for H1B, do I fall under the fresh category and have to be among the first 65,000 applications in that year? Or am I excluded from the 65,000 limit, since I have had H1B earlier, so I may not really be a fresh H1B case? Does a masters degree from US university mean there are additional options for applying for an H1B?

I very much appreciate your time and attention.

Thank you, again.

Warm regards,

Fukrey (Username)


New Member
After getting H1 Approval notice do I need to get stamped in home country to work?

Dear Attorny

Thanks for all your time and service.

I worked in US in the year 2007 in L1 visa for 6 months(I got SSN)then I went to my home country(India) and got married. After marriage I quit my job and came to USA on H4 visa in 2008 and till now I am unemployed.Last year I went to India for vacation and while coming in I got a passport that expires on 19th Sep 2013 so they gave me a I-94 that is valid only till Sep 2013.
After that I applied and got a new passport.
With that new passport and I-94(expires this september) I applied for H1 and I got approval notice.
But now my consultant is asking me to travel to India to get H1 stamped.
My questions are,
1) Do I need to get it stamped in India before taking up a job or
2) Can I start working here and whenever I travel to India ,can I do that?
3) Do I need to get stamped only in my home country or can I get it stamped in Mexico or Canada?

I am really waiting for your reply.
Please advice


Registered Users (C)
Hello Rajiv,

Thank you for your time and consideration.

In 2008, Employer A1 filed for an H1B for me which was approved after a lottery and was valid until Sep-2011, but I did not get it stamped or use it.

Later, in 2010, Employer B2 filed for an L1 and I have been working on it since. Recently, I also received an L1 extension. Employer B2 does not intend to proceed with my GC application.

Now, I have a job offer from another Employer C3, who is willing to do both my H1B and GC. My questions are as under -

1) Can my new employer C3 file for a Quota Exempt H1B referring to my old H1 (the one which was approved in 2008) since 6 years have not passed since I was counted in the H1B quota? If yes, till when can the H1B transfer done - April 1, 2014 (6 years from April 1, 2008 Visa processing start date) or September 14, 2014? (6 years from Visa approval date)

2) Does it matter if my new H1B will be filed for a different occupation than the one for which my prior H1B was approved for?

Thanks & Regards.


New Member
Kids visa stamping issue

Hello Rajeev Ji,

Me and wife are working on H1b and my kids(10 year old twins) are holding h4 visas for which I am the primary applicant. All of our US visa's have expired in 2008. My kids went to India(with my cousin) for the summer break and we wanted to utilize the drop box facility to get their US visa renewed. However, at the dropbox center their application were turned down mentioning that dads visa is not valid. We thought that going for a interview process would help us and we sent my father-in-law after taking an appointment. He was not even allowed to enter the consulate and here they mentioned that only a parent has to come down for interview on kids behalf. On the appointment letter, it was clearly mentioned that parent/guardian come for kids under 14 years but they were not allowing him to go for the interview with consular officer.

I have the following questions and appreciate your expert advice here:

- Can you please advice what are we supposed to do in this scenario as they are not honoring what ever is mentioned on the documentation ?
- Is it true that the principal applicant need to have a valid visa if his/her dependents need to get the visa renewed?



New Member
Changing employer on EAD with H1B as backup?

Hi Mr. Rajeev,

My current company has filed my Green card with “Manager” job title back in July 2008 in EB2 category and salary for example base salary 100K/year to build hypothesis. My EAD got approved in Feb-2012 and 180 days got completed in Aug-2012 since filing of I-485 application. Also recently I received 3 years H1b extension (July 2013 to July 2016) through my current company.

If my next employer can offer a Director job title (which is 1 level up than manager > Director) with base salary for example 170K with additional job duties; what would be the best bet for me to transition from current to a new employer.

1.Can I make new employer to file AC21 portability with USCIS? Given there is a big difference (for example 70% based on about hypothesis) in a base salary and 1 level increase in job title (Manager to Director) with more job duties; is it good idea to file AC21 with USCIS or not to inform USCIS by skipping AC21?
2.If I don’t file AC21; will it be better my new employer file H1b transfer as a backup option (transfer H1b visa with new employer which is valid from July-2013 to July 2016)?
3.What if we skip AC21 portability in step #1 but doing H1b transfer in step #2 which is nothing but informing USCIS about changing employer. Does that cause an issue with my pending GC processing?

Please advice the best practice for my specific scenario. Your community service is becoming a life line for thousand aliens like me. May god bless your offering and appreciate your community service.



Registered Users (C)
Agreement with my H1 sponsoring compnay - Liquidation damages

HI Rajiv

I am currently on H1 and I have signed a agreement with my company which requires me to pay a liquidation damage to my company if i breach any of the clauses mentiond in the agreement. Basically my company wants me to go back to India and work there for so many months , should i decide to resign. In case if i do not to do this, then i would be required to pay few grands (USD) to compenstate the expenses that the company incurred on sponsoring my H1 (and other business expenese) and the knowledge loss

I reviewed your article "Liquidated Damages Clauses In H-1B Visa Holders’ Employment Contracts" and got a feeling that the company cannot eforce such restrictive measures both in US and India. Can you pls advise if for the above case, can i file a complaint with DOL if my company tries to enforce the agreement (either in US or India) and what are my options to contest the case. Pls advise if there is any specific situation where the company infact does have right to extract liquidation damages in lieu of Business expense incurred for H1 sponsorship as this would allow me to be more cautious.
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Registered Users (C)
GreenCard processing..while working in US VS India..same company

This is regarding my Green card processing in EB2. I have a US masters degree in computer engineering.

I was working for Company in City 1 in Texas from mid 2006 to mid 2011. Perm and I-140 was approved with a priority date of June 2008.

Then in April 2011, I moved to City 2 in Texas in the same company (but a different job role in a different organization). My Immigration attorney told me that I can’t use the Perm/I-140 from City 1 as city 1 and city 2 are far apart. Is this true?
I requested my attorney to use the perm/I-140 for city1 while I am working in City2, but my request was denied. I was informed when I-485 petition for City 2 is filed, I can use the priority date for City1, which is June 2008.

In July 2012, new perm was applied for City2, which was audited later. Just today my attorney office got an email notification that my perm for City 2 was approved.

From August bulletein, Jan 2008 is current date and I am expecting my priority date of July 2008 to be current soon.

1) Can I do a job transfer for the same company in India and still ask my company to continue the green card (I-140 and I-485) process while I am working In India. This is called consular processing is'int it?

What is the difference and similarities between green card processing in US (I-140/485) VS Consular processing while working in India.?
Will consular processing take more time?
When I am working in India, can my H1b Visa be kept active by my company while doing the consular green card processing?

2) If my priority date becomes current.. Is the below true?

a) After 3 months from filling I-485 I get my EAD and Advance payroll.

b) If the priority date is current for 6 months from filling I-485, I will get my green card.

c) If I get EAD/AP after three months from filling I-485 and priority date becomes retrogressed,
DO I Still have to maintain Active H1b, till I get my green card approved.?
Can I change the employer after I get EAD/AP?



New Member
B2 to F1 status conversion

Hi Mr.Rajiv

Am on B2 Visa (valid from jul 2013 till jan 2014) and willing to convert it to F1, Please let me know whether

1. can i directly apply I-539 to USCIS without leaving the US or do i have to return to my home country and begin F1 application process.
2. In latter case, how long the process would normally take(as am considering admission this fall) and what happens to my current B2 status
3. Is there any help regarding direct F1 application or change of status, that i could seek from university's admissions department who will be issuing my acceptance letter
4. Can my brother (on H1B) sponsor my education in US.

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