Recording available for Feb 20 Conference Call

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Recording available for Feb 20 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: March 6, 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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India passport (and citizenship) for US born baby

Hello Rajiv,

I know this question would have addressed zillion times in the past. But I read too many contradicting answers in various online forums. So I thought once and for all I'll get this clarified from one of the highly reputed immigration attorney/law firm in US- My sincerest apologies for asking this question once again.

We are going to have our first baby child in another week. Me and my wife decided to take Indian passport(citizenship) for our baby, as we regard Indian citizenship superior and prestigious. (This is our humble personal opinion and I do agree that this statement is very much debatable). We understand that if we register our baby's birth with Indian consulate and get a birth certificate from them, we could apply for Indian passport later - My question is the next stage of it: What should we do to get dependent(h4) visa stamping for our baby, as US considers our baby as US citizen due to birthplace in US homeland. But in this case, since we are not going to have US passport, what would be the process and paperwork required for our kid to travel to and from US.

My current status: H1b visa (on 7th year) and my wife on H4. I-140 approved and waiting in line for visa numbers. Priority date: December 2010. I live in Seattle.

I really appreciate your detailed explanation of any disadvantages (if any) of having India passport for our baby with respect to travelling outside US. Does US CBP allow a minor to enter US with just notarized birth certificate copy? I have read that this was allowed in the past. But not sure how it is now - I would like to know the present rules/regulations about this.
I would also like to know, if this has any implications in our green card process as well.

Thanks much,
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Registered Users (C)
H1b transfer & Green card

Hello Rajiv Ji,

1)Currently work for Company A
If I get a offer from Company B. I would like the company B file a premium petition for H1b transfer.
Once the H1b transfer petition is approved, if I don't join company B and stick/stay with Company A. will this have any impact on me?

2) Company A, I-140 approved, waiting for priority date to be current.
If I get a offer from Company B. I would like the company B file a premium petition for H1b transfer.
Once the H1b transfer petition is approved, I will join the company B.

What's common practice. Will Company A cancels my Green card filing (PERM, I-140) after I resign my job or do most companies don't cancel?
For Company A to cancel my my Green card filing (PERM, I-140), does Company A have to file a petition and pay $$$ to USCIS?

Employment based GC and intensions of working permanently

Hi Rajiv,

I have been reading several posts related to employment based GCs. When it comes to changing employer after getting GC, several posts read that GC is issued thinking that the employee works for the employer permanently/ for indefinite period. In other words, it is mentioned that GC is given with the intention that the employee works for the employer for indefinite period.

When it comes to EB 1 b petitions and GC based on EB 1 b, in the entire application process no where employee commits that he works for the sponsoring employer permanently. In fact it is the employer who submits I 140 and certifies that he has a permanent position for the sponsoring employee. No where in this process and during filing I 485, employee was asked about his commitment to work for the sponsoring employee on indefinite basis. How changing employer immediately after getting GC amounts to fraud on the part of employee.

Thank you
Transfer from L2 to H1 COS vs Consular Processing

Hi Rajiv,

Thanks for providing this service to the society!

I have been in US on L2 for last 4 years and working on EAD for last 1 year. My husband's L1B will be expiring in Feb 2015(3 plus 2 years extension). Actually our visas are valid untill 2018 but the I-797 petition is valid only untill Feb 2015. His company will be filing for transfer from L1B to L1A so that he can get another extension for 2 years.

My employer will be filing for my H1B in April 2014. Assuming my h1 gets approved, does my L2 visa become invalid? I understand one can not be in US on 2 visas at the same time. If for whatever reason I want to transfer back from H1 to L2 after Oct 2014, then what is the procedure? Is the procedure different whether my h1 was approved thru Change of Status or Consular processing? If I move back from H1 to L2 would I have to apply for a new L2 visa or can I just go out of the country to come back with a stamp on L2.

I appreciate for your help!

F1 OPT Questions

Hi Rajiv,

Currently on my last semester of Undergraduate and I applied for a COS from H4 to F1 in December 2013 and still waiting.

1) Since the eligibility for OPT is one academic year on f-1 status, can I still apply for OPT counting Fall 2013 and this semester (Spring 2014) as my one year academic year?

Thank You,
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Registered Users (C)
hi DR.rajav.
IAM FROM visa catogrise is F3, MY case courrent on august 2013, also my case complete on octouper 2013, can you tell me when my case forwad to us embassy in sanaa.? or how long time takes from case complete to get interview.

GOD bless you.
Green card help

In 2012 I applied for a green card for my husband who is in country illegally. We had 1-30 approved. We had a slew of other applications approved. He received his temp card and got a job, license and SS card. When the application to adjust status was reviewed it was denied. Our lawyer appealed but it was denied again. He had entered the U.S twice illegally. Once when he was 11 or 12 with his parents and then again when he was 19. The last re-entry was march of 97. He was given the 10 year ban but we have never received a deportation notice. What, if anything can we do? We have been in limbo for so long. Please advise.

Thank you,
Advice RE: spousal or fiance or visit to marry Visas


I am new here so please bare with me with my questions. I live in the US and my fiancé lives in the UK and is a UK citizen. Plan is to eventually be married and live in the UK and is able to provide financial support for both of us. Fiance has a past criminal record from 25 yrs ago (B & E), and he may be losing his job in the near future. I live in the USA and have a part time job that I started early January 2014.

Plan A: fly to Greece and get married. I return home and apply for a spousal visa.
Plan B: I apply for fiancé visa fly to the UK, get married and live there
Plan C: go to Canada get married, he returns to the UK and I return to USA and apply for fiancé visa. Upon discovery, my fiancé would need to complete the application for criminal rehabilitation-does this really take up to a year to process and gain entry to Canada for him? What would he need to do to speed that process up?
Plan D: would I be able to apply for a visitor for marriage visa, fly to the UK, return home, apply for spousal visa then move to the UK.

We are both desperate and would greatly appreciate any advice.

Thank you.


Registered Users (C)
My I140 got approve on April 2012 with company A - Applied for I485 immediately-Got EAD and done fingerprinting- In Dec 2012 joined company B (after 180 days with company A) - In June 2013, company A informed USCIS that I did not complete 180 days after my I140 approved (which is not true) and resigned- In November 2013 got query on my I485 asking to provide proof that I worked in company A - After investigating company A confirmed that I worked for 180 days and provided letter with clarification to immigration plus submitted last few months pay stubs- Last week we got Automatic email notification for I140 revoke - Our I485 query response still on pending status.


1. Does it mean my I485 got reject? Currently my response query online showing pending...
Per company A this is in regards to revocation they did in Jun 2013 which came into effect now?
Is it? Or they did something recently which cause this automatic revocation now?

2. If it is not revoked than what are my options?

3. If it is reject I485 than what are my options now?

Appreciate your response and help on this.
H-4 to Visitor Visa conversion

Hi Rajiv Ji

I am currently on the H-1B (6th Year) expiring on 20 April 2014, with PERM applied in end of Sept 2013. I would be going to my home country for few months before 20th April 2014, until either the PERM is approved, after which will apply for I-140 and the H-1B extension OR will wait until PERM date crossed for 365 days, after which will apply for the 1 year H-1B extension.

I have my wife and my school going son as an independent living with me. Their H4 dates are tied with my H-1B dates.

My question, Is it possible that I can apply my wife and son's visa to Visitor visa so that they can get the 6 month continue stay, while I am gone to my home country? The reason for that is, I dont want to interrupt my son's school. He is into the elementry school right now.

Once, I am back into the country with the H-1B extension, I can apply thier H4 petitions again from the visitor visa.

H1 B after 6 years and Labor pending for over an year

I got H1 transfer to EMPLOYER A, in Apr 2012 during 5th year of H1B. My 6 years would have completed by 2013 March. They have applied for H1 B with 3 years extension. It was supposed to be applied only for about an year. But unknowingly they have applied for 3 years until Feb 2015. H1 got approved and I went to stamping in Canada and stamping is also done. Now I have visa until 2015 Feb. Not to overstay I returned to India in Feb 2013.

EMPLOYER A had applied for labor in Dec 2012. The status is still showing as in process even today (Feb 17th, 2014). My questions are,

  1. My labor is pending from over an year. I have stayed in India for an year now. I am planning to come to US in March 2014.
    Can I come now on current visa which is until Feb 2015. ( My 1 year out of country stay will be completed) ?

    Can I come to US and apply for new H1B. Will my H1 be included in general quota? will lottery system apply to me?

    How can I findout about labor status?
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GC holder/us citizen petitioning for step children/seperated due to abuse

Hello all,iam a GC holder who has recently being separated from my abusive us husband who is filing for my children...the filing went in when they were 16 an 19, they are now 18 an 20,i know because of the situation he wont help them with the paper work anymore because he has threaten me in the pass about calling uscis an have his name take off their petition,now is even worse....What do I do now iam so stress because I told my children that they will be coming I refile,will they be able to come now due to their age are do I wait until I became citizen?
Thank you all.I wait for y'all response...
Child born abroad to us citizen

Hello, i am a usa citizen born in los angeles, was raised in the U.S.A until the age of 13, moved to mexico and just came back a few times for vacations after that, when i was 28 yr. old gave birth to my daughter in mexico, and when she was 1 year old my husband(mexican/ permanent resident know) and me now moved to the U.S.A my daughter entered with a tourist visa, (she is now 2 yrs old) now I want her to become a U.S.A citizen. It seems that it cannot be possible with the n-600 application for the certificate of citizenship, since it says that the U.S citizen parent (me) should of have been living in the U.S at least 2 yrs after my 14th Birthday and prior to my daughters birth.
Get her a U.S Passport? I Can't, they told me they need a certificate of citizenship. Then What Do I have to do in this case?

I would really apprecciate your reponse.
Thank you.

Yesenia M.
Regarding Green card - Affect of Job role and wage mentioned in PWD



Iam on H1B. I did my masters in MIS and graduated in Aug 2007 . I started working for my employer company "A" from Dec 2007 on OPT. My first H1 was filed in Oct 2008 through this company as “Programmer Analyst” role I continued working for the same company since then.

Currently, I am in my 6th year of H1. My visa expires in Sep 2014. Iam planning to apply for extension in April 2014 recapturing 1 year of my stay out of US in past few years. From now including recapturing time I will be left with 18 months. In November 2013, my employer filed Prevailing Wage Determination(PWD) as “Software Engineer-Team Lead” and the PWD got approved for 122k in Feb 2014 which is almost double the wage I am getting right now.

Here are my concerns regarding my H1 extension and GC

1) My role was always a "programmer analyst" and my employer applied PWD as “software engineer-team lead” designation and the DOL approved PWD at wage level 122k which is almost double to what Iam getting currently. Will that create any issue at any stages of GC process?

2) If Iam not ok with the current PWD which got approved for 122k, my employer said he can apply PWD as “Business analyst” with annual income of $70k which is close to what Iam getting right now. My concern is, my role has always been a programmer analyst ( H1 petition), If I file PERM as a Business Analyst , wouldn’t there be any issue? "Business Analyst" can be filed under EB2?

3) In November 2013, my employer company "A" was acquired by another company “X” . Until December 2013, my payroll was run under the name “A”. After acquisition, from Jan 2014 my pay roll was run under another name “A global”. When I enquired if my H1 needs to be updated, I was told no changes required to my current H1 which was filed on name “A” before. My employer updated public files with this new name “A global”.

There is another company "B” which was also acquired by the same “Company X” that acquired our “company A” . My employer is suggesting me to apply GC through this Company(Company B) as a “Business Analyst” and apply for a H1 extension too through this company . If I move to company "B" , Will it be considered as “Intra transfer” as these two companies(B and A) have the same parent company(X)? or would it be considered as H1 transfer to a new company?

If I move to this company "B" and apply PERM through them. In future , if this company "B" merges in to just one single company "X" . Then , how it would affect my GC process?

4) Iam a programmer analyst as per H1 , what job title would be appropriate under EB2 to apply for PWD and what should be the wage range?

Please advice.

Thank You!
EB -2 With BS + 5 years progressive Experience

Hi Rajiv:

Thanks for giving this opportunity.

Here is my situation:
Qualification: BFA(Bachelor of Fine Art) from India. I have Graduated in 2001.Worked in India before coming to US.

I came in 2008 Aug on J1 for Company as a trainee Graphic Designer and after 18 months I joined them as Graphic Designer on H1B I have worked with them until Aug 2012. Then I joined Company B on H1B a Graphic Designer and till date I'm working with them. I have Experience letter from my Previous US employer(Company A) showing this.

1.) My Current Employer Company B wants to apply for GC. Do I qualify for EB-2 under BS + 5 years progressive experience?

2.) If My Employer shows that job tittle is Graphic designer and original job requirements for is Master degree(MFA) but alternative qualification is BFA + 5 years of experience(That's me), Will my profile be fit for EB - 2? Although the part of those 5 years experience is from my current employer. Will it be counted This Case?

3) Or after reviewing above scenario do you think it is safe to apply under EB -3 with original job requirements Bachelor degree?

Thanking you in advance.
Green Card through Spouse(F2A)

Hi Rajiv,

Iam an Indian national married to a Green card holder and my I-130 has been

recently approved.

May I know the next steps in my immigration process .
Can I do the Police Clearance Certificate(PCC) now .Once the dates are current , What will be the steps that are needed for getting the US Visa .


AC21 - Job title - From Analyst to Leader/Manager

Hello Rajiv Ji,
I am planning to invoke AC21 to change jobs. My labor/140 says "Tech Consultant Sys Analysis (Oracle Application)" as my title. Over the years I have grown in my career and got promoted as manager, but still supporting same applications/system and playing similar role. As my company is laying off me now, I am planning to take up new opportunity that is called as a 'Oracle Application Project Leader' doing similar work and additionally require leading/managing people.

Would this fall into 'same /similar' job title scenario as required by AC21 or what supporting documentation I need? Or do I need to look for an analyst job with no additional lead/manager responsiblities?

Thanks in advance.

L1A to H1 Transfer

Hi Rajiv ji,

Thank you for the great service that you provide to the community.

I am in the US in L1A visa with employer A since June 2008. My L1A visa is valid till June 2015. My employer doesn't want to sponsor Green Card. So, I am planning to move to employer B who is willing to sponsor H1 visa and Green Card in EB2. Employer B is planning to apply H1 visa in April 2014 so that I will be eligible to work from October 2014. Employer B will also start my Green Card processing along with H1. I will be completing 6 years and 3 months in October 2014 when I am eligible to work in H1. I’ve learned that I can work for a maximum of 6 years in L1 A / H1 combination in the US (or 7 years in L1A visa alone) and I need to work outside the country for one year for the clock to reset. Could you please suggest the options to avoid max out issue so that I can work continuously in the US?

Employer B said he will apply for H1 with consular processing. once the PERM is approved, he will apply for change of status to H1. This way I can work in my L1A visa until the PERM is approved and present a lawful status in the US. Is this a right approach?

Appreciate your help.


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