Recording available for December 19 Conference Call

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Recording for Dec 19 Conference call.


Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: January 9, 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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EB1C eligibility


I came to USA on 2011 on L1B with a MNC and Moved to H1B on Oct 2012 with a different organization as my company was not filing green card. Now my earlier company is callilng me and telling that they can apply my GC. I would like to know is it possible for them to file under EB1C category. I have worked as manager in both India and USA for them.

would my case is eligible under EB1C if I moved to them? If yes, do I need to move to them prior to filing the green card?



Registered Users (C)
I came to USA on an F1 in 2002 and have not gone back to Pakistan since. I am now working on an H1B. In August 2013, I got my EAD card and on the bottom it says " serves as I-512 Advanced Parole". I want to visit Pakistan in February 2014 but I have only the F1 stamp on my passport and I don't want to go to the Islamabad embassy for a new stamping. Please outline in detail how to go about planning my trip so I can re-enter with no hassle. If I enter on AP, what will become of my H1B status?
Can I visit Canada without going to Pakistan first? Will I face any issues re-entering USA from Canada?

In your experience, how much longer do I have to wait to get my I-485 approved and receive my green card?
Can I change jobs now that I have my EAD?

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Immigrant visa application was denied under Section 212(a)(4) of the Immigration and Nationality Act

Dear Mrs. Khanna,

My son's immigrant visa application was denied under Section 212(a)(4) of the Immigration and Nationality Act (INA).
After the denial I've send an e-mail to the embassy and this is what I got as an answer:

"According to the U.S. Department of State's guidance (9 FAM 40.41 N5.2), “to qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) domiciled in any of the 50 States of the United States, the District of Columbia, or any territory in possession of the United States.

Therefore, in order for your son to qualify for a visa, you, as the sponsor, must have a domicile in the United States. If you cannot satisfy the domicile requirements, your son cannot be issued a visa to immigrate to the United States. Please keep in mind that being domiciled in the United States does not mean that you only need to be present in the U.S., rather that you must establish permanent residence in the United States.

A consular officer has reviewed all evidence that you have submitted and compared it with your travel to and from the United States and has determined that you have not satisfied the requirement for establishing and maintaining domicile in the United States. Once you have satisfied the domicile requirement, your son’s file will be reviewed for completion."

I have send all the evidence I have so the only reason is that I've traveled a lot. How can I make them believe that I do not intend to travel anymore for a long period a time. I'm here from May 2013 (I have a job from June 2013 to Present, I have an apartment lease for a year starting November 1, 2013, energy bill on my name starting November 1, 2013) . I left USA for a month from August 23, 2013 to September 23, 2013 to sell my house. How much more months do I have to have here so that I can satisfy the domicile requirement?

They're saying that "Once you have satisfied the domicile requirement, your son’s file will be reviewed for completion.", but on January 2014 will be a year from the initial refusal day. I don't know which day they get as the refusal day, the interview day which was on January 10th, 2013 or the last refusal day? Last refusal under section 221(g) was on June 5th 2013 which states that " if you don't take any action within one year following visa refusal......the action require that your application be canceled." and then we got the other refusal under section 212(a)4 on November 2013 but it doesn't state anything related to the time frame in this refusal letter. I'm just afraid they will cancel the application on January.
When do you think is the best time to resend the documents?

Is any other documents that can help me with this?

I also contacted the congressman of my county. They gave the same answers to them but they're not specific.

Thank you so much!
Best regards,
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Priority Date Porting Questions

Hi Rajiv -

This is regarding the Porting of the Priority date from one employer to other while on H1B and we have an 140 application approved from USCIS.

I have heard that once a Priority date is established for a given person based on the approved 140 that priority date is tied to that person for the entire lifetimetime irrespective of if the employer revokes the 140 application and can be carried over/ported to another employer or USCIS does it automatically as a part of their process. Based on this can you please help me with the below question?

- Can we port the priority date from one EB category to another as well (For Eg: EB3 to EB2) when we leave the current employer with whom we have the approved 140 but has been revoked later? or if we can only port the priority date from one EB category to another if we are porting with the same employer with whom we have the approved 140 application and have the priority date established?

Thanks a lot for your help and time in this regard.
H1B Expiring Perm Pending looking for options to stay in USA

Dear Rajiv,

First of all I would like to thank you for all your help and support and the great work that you are doing.

My situation is Like this :
My H1B is expiring in 2 months. I have filed my Perm and its already been 7 months but no response from DOL.

I talked to our attorney about probable solutions.

He told me that , I need to have Perm and I140 approved before my H1B expiration otherwise I have to leave the country , there is no other way that I can stay in USA.

1- I would like to know if me leaving the country, has any impact on the perm and I140 processing. Will my GC processing stop if I go back to India?

2- Can I come back again from India once my I140 gets approved.

3- Can I work in India for a different employer while I am in India waiting for my Perm and I140.

4-Can I work for a company in USA remotely from India while waiting for my Perm and I140.

5- I would really appreciate if you can suggest any other way which will allow me to stay in USA.I heard something about 180 day limit after expiration any hope for this approach?

Thanks a lot in advance.
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URGENT my spouse is very abusive I need advice please

I need help and I would like to apply for public assistance and I need to know what are the requirements that i need to include with my application in order to get the emergency housing assistance i need. please keep in mind that I do not have the affidavit of support that my wife sign for me when i was applying for the permanent resident. I am a green card holder and I have a mental illness that I why I need to apply for emergency housing.

My situation started when my wife asked me to sign a car loan to get a car for her, becasue her credit is very bad and I have a very good credit. when I did not agree with the idea, my wife started to abuse me and treated me so bad. I am now suffer form exiguity and panic disorder that is why i could not keep my job. I do not have the I have lost the affidavit of support document that she sings for me when we were applying for my green card but i still need to apply for emergency housing, please advice me if you have any alternative that will help me get the emergency housing i need. thank you in advance
H1B Transfer

Got my H1B stamped in home country for a genuine inhouse project.
Now the employer wants me to start on a different project at client location at a salary MORE that what was mentioned in the petition "AFTER I TRAVEL TO THE STATES". Few Queries

1. Is this illegal ? If yes, Please let me know the legal way in this case.

2. Employer plans to file an H1B amendment and LCA with updated details but wants me to start with the client project as soon as ammendement and LCA is filed.

Should I work for another company when the new LCA and H1B amendment is in process or should I wait ?

3. My H1B is stamped through company A, Can I join i.e Transfer H1B or file a new H1B in cap exempt by company B without even starting working for Company A? Is this Illegal?

4. Can I travel to US on Stamped visa of company A & get my H1B transferred/or file new cap exempt visa by company B and start working for it while the transfer/or new visa filing is in process?

5. Can this cause problem or negative point in my GC filing i.e not working for the project for which I got H1B stamped or transferring/filing new H1B with another company B without working for company A ?
My husband recently got H1B stamped in India. My H1B petition is also filed by the "SAME EMPLOYER" & has been approved but not stamped. I have Business visa & L2 visa stamped on my passpport. Below are few queries

1. Should I appear for H4 as I would not start working immediatly after travelling to the US. I will take care of setting up the new place and act as a home maker for few months while taking care of some health issues.

2. I was hired in the US for a MNC & worked there till 20-Jul-2013. I opted for an LOA(leave of absence, NOT PAID) while returning back to India. So technically I was an employee of MNC US and opted for international transfer of employement to India which is still in process, but not getting paid in India or USA.
What should I answer the VO if I am appearing for H4 stamping & is asked if I am working now ?

3. If I decide to appear for H1B stamping (Should I??). Would VO question about the same employer filling H1B for both of us in the same inhouse project ? We have exact same skills and same qualifications. This is genuine but we are concerned about VO being suspicious. My 8+ years of experience may add to the suspicion.

4. What visa stamping should be preferred H1B or H4?
B1/B2 Visitor Visa

Hello Rajiv,

I am a Green Card holder. My fiancee has a B1/B2 Vistor Visa, but never visited US before.
We are planning to get married back home but haven't decided that yet, if we should do it here or back home.

We were hoping to file for I-130 soon after marriage. To follow the immigration rules and do it the correct way, We want to know if we happen to get married back home, can he use his B1/B2 Visa to travel here along with me right after marriage?
In the entry point, If asked, the purpose of visit. Can he state that, he is here to join me as we just got married?

If, not what are the other options? Should we get married here instead, to avoid any problems?

Thanks a lot. You have been a great help to the community.
Applying for GC on L2 VISA


I am on L2-EAD, working for state department through a consultancy,

1)Can I apply for GC if my employer is ready to sponsor?

2) Also Since I have an PhD from India, can I apply for GC in EB-1 category by self petition?



Registered Users (C)
Can I-90 Form filed when outside USA

Hello Rajivji,
Can Form I90 for Green Card error correction be filed with USCIS when the person is outside USA?

L1 to H1 Status Change


I have valid L1 and I94 till the end of march and planning to apply for extension from company A.Can I also apply for H1 at the same time from the same CompanyA? If yes, what if my L1 extension gets rejected and I had to go back to India before the H1 is approved ....Can i still get my H1 visa by getting stamped in india or will it be abandoned?

Regarding L1 to H1 conversion

Hi Sir,

I have general question regarding USCIS Immigration process. Currently I am in US on L1 visa with company A. I also have H1B petition approved for 2014 with company B. It was applied without COS last year. Incase if I want to move to company B on H1 now, Do the company B need to file new H1 with COS and go through the same process happened last year? OR the company B just need to file COS only? Can you please clarify me on the same? Incase if they need to file only COS, what is the form number?

Also can you please tell me the cost if they apply H1 with COS and the cost when they apply just COS to H1B?

Thanks alot in advance for the clarifying me on the same. Please let me know incase if any further info is needed.


Registered Users (C)
How long before termination (on H1B visa) should I file for Visitor Visa

I believe I would be terminated in the first or second week of Jan 2014. I am currently working on H1B visa. I have an offer from an employer who is willing to transfer the H1B and also file for green card.

My current H1B I797 is valid until Feb 1-2015. Because it would take a few weeks for the new employer to file the H1B petition, I might need to file for a visitor visa so that I remain on a valid visa status at the time the new employer files for H1B.

If I file for a visitor visa before my current job is terminated and then
1) I get terminated
2) my new employer files for H1B change of status from visitor to H1B,

Question: do you think there could be any problem ( such as what happens if the H1B change of status is approved by sometime in Jan ) and the visitor visa petition is pending decision - whose decision - approval or denial - would come in about two and half months (it takes about two and half months for visitor visa change of status to be approved for California applicants)

Question 2 : As per this website - - THe new employer from which I have a job offer had 8 LCA for H1B Visa denied out of 55 applications in 2012 AND 1 LC for Green Card denied out of 24 applications in 2012. Is that something I should to be concerned about. Can I ask the employer about it.

Thanks a lot Rajiv.
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L1A Extension denied - Available options

Dear Rajiv,

My L1A visa and I-94 both expired on July 1st 2013. Extension was requested on June 14th 2013, RFE came in August 2013, Response submitted on Nov 5th 2013 and Dec 5th extension denied with an option that my employer can file an appeal or motion to reconsider within 33 days.

I have couple of questions please advise

If I leave before 28th Dec 2013 (180 days after expiry of I-94) then also will my presence in USA be counted as “unlawful presence”. Also am I suppose to submit any documentation to USCIS after returning back to India? (boarding pass, copy of passport with entry stamp in India, and letter stating that I overstayed because I was awaiting a decision)

Is it possible that my employer files an appeal or motion to reconsider my case and I leave the USA before 28th Dec and apply for Blanket L1A visa sometime in Feb/March 2014 in India

OR I just leave the country before 28th Dec (no appeal or no MTR) and apply for Blanket L1A visa in Feb/March 2014 in India. Would be a better option in given situation?

After leaving the US within 180 days of expiry of I-94 if I apply for a Blanket L1A visa after 2 months whether should I mention “YES” or “No” in DS160 form against the question “Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?”

Thanks a lot for helping the community!
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Sposor H1-B VISA


I have a small registered company with four people working including me, who are all GC holders, from past 2/3 years.
Now I have a request from one of the employeee to sponsor H1-B VISA who will also be working with us.Presently he is on L2- EAD working on W2, with validaity of EAD till June 2015.
1) Can I sponsor and process his H1-B Visa for the year 2014-2015?
2)what are the documents I need to provide as a employer for his VISA sposnorship and processing?

Name changed

Background information:
I am a US citizen. In year 2003 I filed I-130 for my brother, his wife and his son who are in China. And the I-130 was approved in year 2010 and the files were transferred to National Visa Center (NVC). Now they are waiting for visa becoming available. My brother’s son had his name changed (just changed given name, surname remains same) few years ago for the reason of going to elementary school.
Now questions are:
1. Do I need to write to NVC to update the information in regards to name change?
2. If so, when should I do it – ASAP or wait till visa becoming available
3. If so, what documents should I enclose to send to NVC?

Thanks a lot.

Add a New Born child after I-130 was approved

Background information:

I am a US citizen. In year 2003 I filed I-130 for my brother’s family (my brother , his wife and his son). The I-130 was approved in year 2010 and the files were transferred to National Visa Center (NVC). Now they are waiting for visa becoming available. Recently, my brother had a new born girl. The new born girl’s name was not on the approved file (because she was born after the I-130 was approved).

Now questions are:
1. Do I need to write to NVC to update the information in regards to new born baby?
2. If so, when should I do it – ASAP or wait till visa becoming available.
3. If so, what documents should I prepare to send to NVC?

Thanks a lot.

Husband has Conditional Resident Status but should have been issued 10 Year Card

My husband is Caymanian and I am a US Citizen. We were married in Grand Cayman in August 2009 and applied for his green card by completing the I-130 just after we were married. He was finally approved in February 2012 (after they saw we had a child together), so we moved to the U.S. in April 2012.
Now looking at his card, it is showing it expires in April 2014 so we have to remove the conditions by completing a I-751 form and pay $$.

After reading more about this, I noticed the permanent resident card is for people who were married for less than 2 years on the day they were given permanent residence.....which we were not....we were married for more than 2 years. So, my question is did they make an error and issue him the permanent resident card when they should have issued the 10 year card with no conditions?

I have tried calling USCIS with no assistance and don't want to spend the $580 + dollars when I may not have to because of their error. Someone please give some guidance.
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