Recording available for Feb 14 Conference Call

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Staff member
Recording available for Feb 14 Conference Call.

Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: Feb 28, 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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I 130 supporting documents


Could you please let me know what are supporting documents needed for filing I-130 - Family bases Green card for sibling?

Sponsor: US citizen (naturalized one)
Beneficiary: Sister and her family (spouse and 2 kids under(21)) lives abroad.

The main clarification is do we need to submit the birth certificate of the beneficiary’s kids
and marriage certificate of the sibling (Beneficiary) to show the relationship with her husband?

Second do they [sibling's (Beneficiary) family] needs to get any Medical Examination and Vaccinations certificate?
If so when it is required and what are they? where should they obtain?

Do we need to provide financial support (I864 Affidavit of Support form) from sponsor while filing I 130?

If Yes, then as if the Sponsor is not employed, do we need to provide I864A Contract between Sponsor and Household member form with public notary signature?


New Member
Passport issue date and expiration date are mentioned wrong in the I-129 petition

I have approved I-797 for the above I-129 petition.

Because of some changes,I have applied for Amendment [ Premium Processing ] on August 2012.That also got approved and I got the petition package.

One of my observation in amended petition is that in I-129 ,Under Part 3 Beneficiary Information the 'Date Passport Issued' and "Date Passport expired " is wrongly mentioned.

The dates they entered is completely wrong.

How do I rectify the this error?

Can I go to H1 visa stamping with attorney letter saying as type error? will this work for me.

Please advice



New Member
EAD renewal - Travel & Job Change

Hello Rajiv ji,
First of all Thank you very much for helping us.
I have multiple questions so explaining the current status first.

Current Situation:
I am on H1 (from 2004) which is expiring in Sep 2014. We receieved EAD/AP combo cards last year (priority date Oct 2009). My husband (on H4) is staying in India from Mar 2012 and will continue for a long time because of his father's health. He will be coming to US once in a while but cannot stay more than 1 or 2 weeks in USA. My current project is going to end soon.

1) Can we apply for EAD/AP extension while my husband is out of country? if yes, can he use that AP to enter into US (as it will be approved when he is out of country)?
2) How long I can stay out of country in this situation? Is it ok if I go to India for 3-5 months? Is it ok if I don't work for few months?
3) If I need to change job, How should I proceed? should I transfer H1 onto new company without using the EAD and just wait for GC? or should I transfer H1 and file AC21? or should I work on EAD applying AC21 and then apply for new H1 or transfer H1?
4) If we adopt a baby from India then how can we bring the baby to USA add the baby as dependent to our pending GC application(I-485)? I mean can we update the I-485 application or wait for dates to become current? what if the GC gets approved while we are waiting for dates to move?
5) If I start using EAD (which expires/invalidates my H1) then how can we bring the child?

Thank you.



New Member
Employer asking for H1B fees after resignation

Hey Rajiv,

My wife was working for company A in OPT for 8 months and they applied for new H1B. H1B started in October 2012 and she got a new job in company B in November 2012. From November 2012 she has been working for company B and her H1B transfer was approved.

When she submitted the resignation letter in company A, HR made her sign a letter stating that she would pay the H1B fee since she didn't work for a year after her H1B started.
When she signed the letter, she didn't know that it was illegal for the employer to ask for H1B fees. Now company A keeps bugging her to pay the H1B fee of around $3500. What should we do about this?



New Member
Previous employer asking to pay for H1B

I worked for company A since December 2011 in OPT upon completion of my Masters. They applied for H1B in April 2012 and it started from October 2012. By November 2012 I moved to Company B after H1B transfer. When I submitted my resignation with company A, they gave me the work experience letter only after I signed a document saying I will repay the amount spent for my H1. I paid one installment of it. Then got to know from others that its illegal to pay for H1. I told the same to the company. They didnt listen to it and now after a month they have sent a notice saying I should repay the amount in full or otherwise they would use court as the venue to resolve the issue.

I am not sure what I should do now. Should I go ahead and report to DOL? Any help would be highly appreciated!



Registered Users (C)
Dear Rajiv,
Greetings. Rquest your valuable suggestion on the following.

1. Worked in US for employer A from 2007-2011 and had I-140. In 2011 company A got downsized and had to move to CompanyB and has approved H1B from 2011-2014 based on Compnay A 140.

2. Travelled to India on emergency in Feb 2012 and VISA GOT DENIED under 214b which is STILL PENDING.
3. Meanwhile, Company B applied for my GC and filed for I-140 based on earlier 140 which got approved by USCIS in Dec 2012. As per your valuable suggestion, I had opted for Consular processing at the time of I-140 filing as I was/am based in India currently and not sure when I can return.

4. On January 28, I have recieved Immigrant Visa Application processing Fee Bill Invoice of $425 from NVC. I was surprised by this and would request your valuable insights on the following.

a. I was under the impression that NVC fee invoice will be generated when the Priority dates are about to become current. My PD is Sep 2010 and current visa bulletin is still stuck for EB2India at 2004. Is this accurate for NVC to genearate the invoice at this time.? Do NVC and USCIS operate under the same visa bulletin cutoff dates?.

b. There was no timeframe mentioned on the invoice regarding the last date. Howlong do we have time to pay the fee.

C. Are GC via CP costs higher than via AOS route. Please clarify.

D. I am trying to go to US after appling for 2013 H1B cap.. Assuming that I will be able to land in US in the coming 1 year, what are the options to continue to GC?. If possible, I would ideally evade the CP until I enter US and will convert it back to AOS. Since once in the US by opting for AOS I will atleast have EAD to contnue working until the GC arrives.Please throw some light on my options and best path forward. Thanks for your time.


New Member
H1B transfer

Hello Rajiv Ji,

Thank you so much for your service to the community.

Following are my details:
1. I am on H1B for company A since Apr 2010
2. I have my EB3 PERM approved with Company A in Dec 2012. PD for the same is 09/20/2012.
3. I also have my EB3 I140 approved on 01/16/2013 with the same company A. I have a copy of the approval.
4. My H1B extension is due on 03/29/2013
5. My max out date for H1B is around Mar 2014.

My job is unstable and I am suspecting there could be a layoff sometime this month or early next month. As a proactive measure, I am thinking to do a H1 transfer to company B(with whom I previously had H1 from 2008-Apr 2010)

I would like your help in answering few of my questions listed below:
A. For the H1 transfer to Co. B, can I use the approved I-140 of Co. A ? If yes, will I get 3 year extension ?
B. How will it impact my situation for the H1 transfer, if Co. A decides to revoke my I140(Irrelevant of I quit or they layoff) before my H1 transfer is approved ?
C. With Co. B, can I use PD for my EB3 filing even Co. A decides to revoke my I140 ?
D. In the event Co. A doesn't lay me off, is there a certain period(from I140 approval date) I should stick with them before I do a H1 transfer ?

Appreciate your time in answering the above.

Thanks and God Bless you !


Registered Users (C)
asseset VOL.

Dear Mr. Rajiv,

I have questions with two cases to ask -


To make it brief and to the point with my background - I am with COMPANY-A, beyond 6 years of H1B and I-140 Approved 3 years ago, with a PD of September 2008 and in EB3. I hold a "Technical Diploma - 3 years" and "An Enginnering Degree" done in 3 years (as due to diploma in India, the students get admitted to the second year of 4 year degree course. I have the same degree of 4 years for all practical purposes.

COMPANY-A filed in EB3 stating that I have a 3 year degree (in reality, it is 3+3 6 years) and did not qualify for EB3 even if I have 12 years of experience in the field

My questions are, can I -

1. Change to COMPANY-B and refile in EB-2 retaining my PD to September 2008?
2. If I change to COMPANY-B, can I expect to have the new H1B with COMPANY-B have 3 years.
3. If I move to COMPANY-B, and I don't like working there, can I switch to COMPANY-C?
4. If 3 can be done, I would like to know if there is any time limit, restriction, wait for any I-140 APPROVAL, etc.?
5. If I leave COMPANY-A and they file for I-140 revocation, does that have any impact?

Case 2

My H1B and my wife's H4 is expiring this year in May. Our extension is just applied. However I realized later that in the form I-539, there was a mistake -- my wife's passport's valid date was 2010. That is when her prior passport expired. We have gotten it renewed and is valid upto 2020. The attorney had an oversight and we to had the same. I am not sure what needs to be done in this situation. Can you please advise?

Thanks and best regards
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New Member
Visitor's Visa

Hi Rajiv,

My mother is here on a visitor's visa and her stay here in the USA is valid until end of March 2013. We would like to extend her stay for another month and would like to apply for an extension. However, her 10 year multiple entry visitor's visa expires in May 2013. In the past 10 years, she has visited us about 5 to 6 times and we have applied for an extension once before. If we extend her stay now, will that have any negative affect when she applies for a new visitor's visa?

Thank You.


New Member
H1 cap exemption

Hi Rajiv,

A friend got H1b approval but at time of visa interview she got 221g. her 221g was not responded.
she got approval on 17th sept 2012, visa interview was on 11 OCT 2012. it was her 1st visa and never enter US on any visa.
If she enter to USA on any other visa like B1/B2, will she come under H1 quota cap exemption as she already counted in 2012 and got approval. Can we file her h1b once she enter US on b1/b2 or any other visa.

Many Thanks


New Member
Multiple petitions for H1B transfer

Hello Mr.Rajiv,

I am currently on a H1B visa and employed as a consultant with Company A. I have been in US since 2003 on H1 and I have approved I-140 (EB3 - PD April 2008) through my employer.
My employer has also filed for PERM labor under EB2 in August 2012.
I now have 2 new employment offers from 2 different companies for full time permanent position which are equally good. Both the companies are willing to hire me on H1 and process my GC.
I am open to join either of the companies, depending on who can process my H1B transfer quickly.
If I provisionally (depending on H1B transfer) accept both the offers, Can both the companies file for H1B transfer at the same time?

Thanks & Regards
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