Recording available for December 5 Conference Call

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Recording available for December 5 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: December 5, 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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question regarding previous case

Hi I have a question regarding your previous case, I am wondering if you can answer 2 questions regarding this case please. Thank you!

1. when the EB2 became current, did you file a new 140 petition under EB2 or a amendment to change the previous approved EB3 140 to EB2? According to the law, the PERM will be expired after 180 days, unless you file an amendment to change EB category in a previous approved petition. Did your client's EB3 140 still valid after the later EB2 140 approved?

2. Did you file the EB2 140 and 485 concurrently? the case stated that EB3 cutoff was current when the previous 140 under EB3 was approved. Did you file the 485 then? If you did file 485 under EB3 140, what was the result for the EB3 485 after you receive the EB2 485 approval notice.

thanks a lot in advance:). Looking forward to hearing from you.

Here is the case:

Case type: EB2 approval after EB3 on the same labor certification
Submitted by Rajiv S. Khanna on Sep 8th 2010
TweetCategory: Form I-140, PERM - Labor Certification
Status: EB2 Approved

We had a Labor certification case filed for an IT professional. The
requirements were Bachelor's degree and 5 years of experience. We filed I-
140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE
saying Bachelor's plus five years would not qualify under EB2 unless the
experience required is progressive in nature. We knew that USCIS was wrong
under the circumstances of the case, but an argument with the government was
unnecessary because the EB-3 priority dates were then current. In the RFE,
the employer was also given an option of changing the classification to EB3
. After discussion it was decided that employer will accept EB-3
classification since the priority dates for EB-3 category were current.
Then the EB3 and EB2 priority dates slipped back.

Recently when the EB-2 PD became current for our client, we applied again
for an EB-2 I-140 using the same labor certification.

The I-140 approval was received along with the I-485 approval notice.
Name correction on green card

Rajiv Ji,
Thank you for taking my question.

There was a mistake on my employment based 485 application, my first name and middle name were swapped. When we received the receipt notice, I came to know about it and my attorney opened an SR to correct it. I received the receipt for the SR and it stated that the case was not assigned to the officer and when it is assigned, the officer would make the correction. I was glad USICS agreed to make the correction although it was not their mistake. During the biometrics the officer also made the correction on the system to make sure my name is spelled correctly in the right order. Last week my case was approved by the NSC service center and I received my green card with the incorrect order of the names on the card and the welcome notice. I guess the 485 approving officer did not make the correction. My attorney called USICS and let them know about the already opened SR and says to wait for them to reissue the card with the corrected order of the names or see what the outcome of the SR will be.

Will they reissue the corrected card like that?

Now during this time of correction is my status still a PR? Is there anything I need to concerned that USICS will cancel my GC, or I have to refile 485 or loose my status?

Do you have any suggestions for getting my name corrected in the right order?

Rajiv Ji - can you also please explain about impacts to GC from 140 revocation by employer after GC approval, not due to fraud but other reasons?

Thank you for taking the time and answering my questions.

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Registered Users (C)
H1b & Green Card move from Company A to B

Hello Rajiv Khanna ji,

Questions reg H1b transfer and Green card priority date from Company A to B.

My I-140 has been approved by Company A. Last week Company A is filed a petition to renew my H1b for another 3 years (eventhough I am used all my 6 years in H1b because I have approved I-140).
I a expect a decision within 6 months.

1) After my H1b renewal is approved for comp A, if I move to new company B, I know I will have my H1b tranferred.
Will H1b be still valid for 3 years (same validity as approved for Comp A)

2) After 3 years with Comp B ( Say in 2017 Jan), can company B still renew my H1b for another 3 years, based on 1-140 approved for Comp A.

3) Can company B, use the priority date of company A green card petition.

If yes, does company B, need to only file I-485 or start the green card process from scratch (Perm, I-140 & I-485)?


Porting EB3 to EB2 with change in nature of job - your advice sought on possible options

Dear Rajiv ji...I & my spouse have a slightly tricky immigration situation, that we face ironically after we decided to become a couple after a long term informal separation. During this separation, my spouse was in India while I was in US, filed an EB3 and got my EAD (PD: 2005) without my spouse.

Background: I have Bachelors in Arch and 5+ yrs of experience in 2-3 architecture firms. But I decided to change career, did a Bachelors in Nursing and I am now a nurse for last 1 yr. I don't have any IT experience.

Objective: I wish to port my PD to a new EB2 so that my spouse will also file & immediately get GC. My spouse just came back to US and is looking for a job on a recently approved H1.


- How is 5 yrs experience proven in EB2 application? Can 1 yr in nursing be seen as "similar progressive job" after 5 yrs architecture experience? Can an IT firm consider my 5 yr architecture "autocad software designer" experience as an IT job to file an EB2 job?

- My previous architecture employer, who I left in 2007, can sponsor EB2 in good faith for senior civil architect type job provided I can take care of all legal procedures. I can engage an attorney but is it advisable that a small architecture firm (can be a sole proprietor) with no immigrant petition history, file my EB2?

- Is there a chance that my spouse can file EB3 using my 2005 PD and may get EAD? I have heard this USCIS sometimes does it by oversight.
Visa expires but I-94 is valid

Hi Rajiv,

I am on L1 visa. my visa is going to expire in April 2014. However my I-94 would expire in OCT 2014. I know i can stay in US till my I-94 is valid. However i am not much aware of the new immigration rules which were updated for I-94 as well.

So my questions are :
1. As per 2013 new immigration rules, Can I stay in US till October 2014 on based of I-94 expiry date rather than visa's expiry date ?

2. If yes, Would it cause any issue in the future for being stay in US after L1 visa expired ?

3. If I apply for H1-B ( though a sponsor) next year 2014 and the application process falls after my visa expiry date, Will this impact or reject my application to L1 to H1 change of status process ?

Please advise

Thanks a lot
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H1B Petition and Stamping

Dear Rajiv

I am in india.

1) My H1B was filed by company A. I never went for stamping with company A and the employer has not withdrawn the H1 petition till now. Company B now wants to transfer my H1B. If the stamping gets rejected with company B, Can i still join company A as they have still not withdrawn the petition

2) In case company A withdraws petition and my stamping gets rejected with company B, then, can i search for a suitable employer ( Company C) who can file my cap exempt H1B petition.

3) If answer to point 2 above is yes then which petition copy will be required for filing new H1B with company C? I-797 with company A or I-797 with company B? or Both ?

Travel During H1B Transfer

Hi Rajiv

I am planning to travel during my H1B transfer is in progress. I am not H1B stamped in my passport. If the H1B is approved with a new I94 while i am in india and after stamping at consulate i enter USA with a new I94 i would end up with two I94's.

So would i be returning both I94's at the point of exit only at a later time or do i need to deposit it before that.

As during point of entry i will already have an i94 which will come with an approved petition.



Registered Users (C)
H1-B Stamping and F-1 (OPT) to H-4 conversion for spouse

While I am writing this post, I am also watching your video on C-SPAN on side. You look great.:)

Situation: I was in India 1 year before and had F-2 visa based on my wife's F-1 who was in USA. I worked for a company in India who filed my H1-b but position, for which the petition was filed, was closed by Oct'13 and I did not travel to USA on that position and/or role. Although I did manage to get the H-1B visa stamped.

Beginning this year I entered USA on F-2 and stayed on F-2 for few months. Later on I found an employer in US and they filed a new H1-B petition for me and were able to get me a new I-797 because I was already counted under quota. I have been working with this employer for past few months.

Q1. Now if I have to go to India and come back. Do I need to go for a new H1-B stamping or will the previous H1-B stamping can still be valid since it was neither cancelled nor is it expired for next 2 years?

Q2. If I do have to go and get it stamped, can I get the stamping done in Canada - lets says Toronto or Ottawa? (I have stayed in USA on H1b for 6 yrs, moved outside and remained outside for 2 years and entered on F-2 with H1b stamping). If not, under what circumstances do people go for stamping other than their country of citizenship?

Q3. My wife has been on OPT for past few months and has two months left on her OPT (It can't be extended. She has utilized almost most of it). She is planning to quit her job and join me. When should we file for conversion of F-1 to H-4 for her without creating any issues related to out of status?

Q4. If we get her visa status converted while being in USA, can she stay in USA on H-4 while I am out of India to get me visa stamped? OR does she need to accompany me since her visa H-4 is dependent on my H-1?

Q5. If she goes to get her H4 visa stamped while I stay in US, wouldn't she be required to get my visa copy as well? Since I do not have a H1B visa for the current employer, can she get the visa stamped based on my I797 and proof of marriage?
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Salary Increase to match Prevailing Wage after GC approval

Dear Rajivji,

I am working with my current employer through which I received my EB-2 based GC few weeks back. Now, the prevailing wage while filing PERM is atleast 7% higher than my current salary. I've asked if they will match or exceed prevailing wage as it is required by law once GC is approved. If employer is now unable or unwilling to match prevailing wage, then what are my options ?
1. Continue to work at current salary
2. Leave Employer immediately

Also, please comment if Bonus ( based on yearly performance) is counted toward prevailing wage or is it just base pay ?

Either way, I am worried if my GC will be revoked for no fault of mine if employer does not match prevailing wage. Please help how to deal with this issue.

thank you in advance


Registered Users (C)
Hi Rajiv Sir, I seriously need some help. I got my permanent resident through asylum. I am from nepal. I met my husband in india and we got married there. Now I have a 4 months old daughter born in usa. My husband is still in nepal. My question is that can I send my daughter to her father and grandparents to stay for some years in nepal. Since its my cop, will it effect in my citizenship or in any other way.
H1-B Layoff - Laid off because of employer mistake


I have been looking to get the right medium to share my story and to know if there are any legal options that I can against such a unique case.

I am on a work visa (H1-B) and was laid off by my firm (Global Computer Enterprises Inc.) on accounts that they can no longer bill me on the Federal contract that I was working on. Several other employees (including other H1-B workers) were also laid off with the same reason.

I understand (although I don't have any constructive proof) that company had illegally let immigrant workers work on federal contracts without their knowledge; I was only offered a 2 week severance package even though I worked with them for 8 years.

I feel like the company used me for their benefit and in an attempt to cover up for their mistakes, I lost my job. I was not even provided with a notice when I was laid off.

Please advise as to what legal action, If any can I take against my previous employer.

Any assistance in this matter is greatly appreciated.

Employer Name: Global Computer Enterprises Inc. (Reston, VA)
Federal Contracts worked on: Department of Labor, Equal Employment Opportunity Commission

Milind Shah


I lost my green car and had to file for replacement right before I left the US for health reasons that required family assistance. I have been a permanent resident since 94 and would lie to file for US citizenship now. However, my replacement green card hasn't been issued yet..Can I still file for citizenship even if my case is still pending?




Registered Users (C)
H1-1 Transfer and risk associated with it while amendment is in progress

Hello Rajiv,

I am working with a client on EVC based. As there was a material change in my employment (job duties and designation is same as petition, but now working with client, as compare to in-house before) LCA was filed right when this happened. Now the amendment of H1 has been filed by my employer and its in process.

While above is going on, I have a good opportunity to join the same client with different line of business for which I applied long back. They are willing to do the H1 transfer.(The client is one of the Top US corporation).

In this situation my questions and concerns are as here under.


- I am accepting the full time position asking the company, I will start working for them only after H1 transfer is approved.
- Current employer has filed the amendment, and the decision is pending on it.

Question 1: If my transfer gets denied, will this affect my current H1? Can I continue my present job without any immigration problem?

Question 2: When the new company file for transfer, can USCIS asks regarding the amendment in process, filed by present employer?

Question 3: Or should I wait for amendment to be approved and then trigger the H1 transfer process, which is the safe bat to go?

Thank You
L2 to H1 Transfer within Us

Hi ,

I came to US on L1 visa and I applied for L2 for my wife and he travels on the same. Also my wife holding Valid H1 B for next two years.
Once she reached to US on L2 visa , whether she can find an employer and transfer the visa status from L2 to H1 within US ?

Could you please suggest?
B2 Visa holder passport got damaged.

Hello Sir,

My mother has came to USA on visitors visa, yesterday her passport got damaged by water from which her photo in her passport 1st page got shaded, but her photo in USA Visa and rest of all her details are perfectly visible. Her passport in going to expire in 2021 and her USA visa is going to expire in 2016. She has to leave to India in couple of days.

1. My question is "Will she have any problem while going back to India, so that she can apply new passport in India".
2. Can I apply for re-issuing passport for her in USA?

Please suggest.

I will be very thankful to you.

Thanks and Regards,
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Marriage in the US/ Visa formalities

Hi Rajiv,

My fiancé is in the US undergoing his Master's Program. He will be graduating in Dec 2013 and will be joining work in the US from January 2014. Since he was on F-1 visa during his studies, he will be joining work on OPT(Optional Practical Training). His employer will process his H1-B visa in April 2014.

I am working in India. The plan is to visit him on B-2 visa in January 2014 once he joins work. We are considering getting married in the US within a month of my visit.

We do plan to undergo a Hindu ceremony in India but that will be by end of the year 2014.

My questions are

1. How Long can I stay in the US with B-2 visa(Tourist Visa)?
2. Once I am married to him, will there be any change in my visa status?
3. We are looking for a job opportunity for me in the US with his Employer. I currently work on one of the products that his employer uses. His Employer has mentioned that they will provide professional career counselling for the spouse. Since I am going on B-2 visa and will be married to him, can I attend the job interview there with his employer and start working?
4. Once married, can I continue to stay with him or will I have to return to India once visa expires?

Your's sincerely,


Registered Users (C)

First of all, I would like to thank you for your service in community.

I have few questions about naturalization interview:

1. My parents had their naturalization interview last month. My mom has passed civic test and reading test, but IO told her to come back in 2nd interview because she didn't pass writing test. So does she have to do all of the test again or just writing test?

2. How long will it take to schedule for 2nd interview?

3. I went to India to finish my left over study, and stay for 182 days. I also have all documents like tax return transcript, bank statements. Will it be denied my citizenship?

Lastly, this forum helps me a lot. Once again, I would like to say thank you.
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