Recording available for Jan 9 Conference Call

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Recording for Jan 9 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 23, 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-20 Date

Thread is now OPEN to post questions for Jan 9 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.

I am Nishikant Raje. I just have quick question regarding my wifes status. My wife joined her school for fall 2013 on H4 Visa. During her first semester she requested I-20 from her school and received it in Nov 2013. when done with her first semester, she went back to India & got her F1 stamped in her passport by visa interview at consulate with the issued I-20.

Last week when she was checking her I-20, she found that- last date to report to school mentioned on I-20 is 18 Nov 2013, a day when received her I-20. So my question is- Is this date is right or she needs to request new I-20 with official school start date?

She is coming one week late after official school start date. Is that ok or she need permission from her school to join late.

Please let me know so that she can take corrective action needed in advance to get through immigration at port of entry successfully.



New Member
N-400 application: Qn about employer that filed for Green Card

Hello Sir,

Thank you for your time in advance.
I was approved for my Green Card via employment EB3 category 4 yrs ago, and am now planning to file an N-400 based on being married to U.S. Citizen for 3+ yrs. I was working for the employer that filed my I-485 at the time it was filed (employer A), but had switched to a completely different employer (employer B) more than a year before my GC was approved. I did not file any portability requests with the UCSIS when I switched employers, but my GC was still approved without any interview.

My question: Will filing the N-400 now (through the marriage to citizen clause) potentially cause a problem because I did not work for employer A for quite some time prior to GC approval, nor after GC approval? The N-400 application has a section which asks me to list all employers for the last 5 years - this would clearly show that I was NOT working for employer A prior to my Green Card approval.

Thanks much!
Transfer H1B without pending GC (after 6 yrs on H1)

I had my I-140 approved with company A and 11 months after I-140 approval, I transferred to company B. This transfer was based on Company A’s I-140. Company A had revoked my I-140 a few months after I left and I was not notified of this withdrawal (found this out later). Company B had recently undergone a merger because of which there was a lot of uncertainty and my green card process hasn’t started until now. I tried a visa transfer to company C around July 2013, but it was denied because I did not have a valid I140 (my current H1B expires in mid 2015).
At this point am trying to get company B to file my GC but they have not yet started the process due to too much bureaucracy.
I am looking to pursue other opportunities now but given what happened with the transfer to company C and from what I have been reading online, looks like you need a valid I140 to change employers after completing 6yrs on H1. Is there any scope for me to pursue other opportunities given my labor hasn’t been filed? Do I have any options at this point?
Getting married in Pakistan and will apply for spouse visa but she already has multiple entry visa.

I am getting married in Pakistan. My wife to be already has a multiple entry traveling visa to the U.S. to visit relatives here. I will be applying for the spouse visa after our marriage. She will be coming to the U.S. after 3 to 4 months to see some relatives like she normally does from time to time. We want to stay together in the U.S. after she sees her relatives until she gets called for the interview in Pakistan and then she can go back and get her spouse visa. Her traveling visa will not expire in that time (six months). I want to make sure we are not breaking any laws and are allowed to do this. Please let me know if there is any other better way. What are your thoughts on the status change application?
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H4 for my spouse with H1B transfer completed but with old H1B stamping.

I have a H1B visa stamping valid till Sept 2015 with company A. Now company B has initiated a transfer petition which would be completed in another 15 days as it is a premium filing. I would like to know during my next visit in april 2014 to home country do I need to get re-stamp of H1B for company B or my existing H1B is valid for re-entry. In april 2014, I will be going for marriage. I would like to apply H4 for my spouse and can I do with my existing H1B stamping but with new transfer petition or better to get re-stamp of H1B and new transfer petition.

Thanks a lot for your help.
PERM pending - H1-B expiring - Need to work from home country

Hello Mr. Khanna,

My PERM was filed in SEP 2013, is pending for approval and based on the current ETA, the approval should arrive in around May 2014. However, my 6th year H-1B, after recapture, is expiring in April 2014. I am planning to go to my home country in March end/Apr start, to stop the H-1B clock.

My question is, If my company allow, can I work from my home country, on the same job, for 2-3 months, while waiting for the PERM approval and then I-140 and H-1B extension? Is there any DOL/USCIS restriction on this?

In the above case, if I can work from my home country, then do I have to re-file the H-1B extension to capture the remaining 25-30 days on my 6th year H-1B and let it be pending for the decision?

Alternatively, in worst case scenario, if PERM has an audit, then I will have to wait until Sep 2014, to file the 1 year H-1B extension, based on my 1 year PERM pending. Can you confirm this please?

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inkbodu abrasax

Hi, my wife and I very much want to move to the USA. We are Australian citizens, and she is a speech pathologist with a degree currently working here in hospitals in Australia. She has been working now for two years since completing the degree. I do not have a degree.

We are trying to work out a way for both of us to get working VISAs for the US. I read about the L1 VISA, but I'm not 100% sure on the requirements. Would it be possible for a hospital in the USA to sponsor my wife for an L1 VISA if she was successful in applying for the job? thus enabling me to also get an L2 VISA and work as well? We noticed there's quite a lot of speech pathologist jobs around.

Thanks a lot!
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L2 EAD Extension when Visa Type Changed from L1-B to L1-A

Hi Rajiv,

I had L1-B Visa & my wife had L2 Visa (both Visa had Validity until Jul 12, 2013. My I-94 was valid until Jan 16, 2014 & my wife's I-94 had validity until June 20, 2014), so my wife got L2 EAD until June 20, 2014).

My company applied L1-A conversion (from L1-B to L1-A) for me and it was approved by USCIS.

We recently visited India and got NEW stamping. I got L1-A and my wife got L2 again (this time from my L1-A instead of L1B)

Ours New Visa & I-94 both are valid until Sep 15, 2015.

Question 1: Does my wife need to applied for new L2-EAD before start working, as my Visa typed has changed from L1-B to L1-A and she got new L2 with my visa OR she can work with OLD L2-EAD until June 20, 2014 (which she got with my L1-B) and apply for new L2-EAD sometime later before expiration date of old L2-EAD?

Question 2: Will it be new L2-EAD or extension & How much time in advance we can apply for it? Only 5 month validity remaining, can we apply now ?

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Green Card for parent (concurrent Filing of I130 and I485) in progress

Dear Mr.Khanna,

My mother came to US in July 2013 on a visitor's visa and was granted a 6 month stay (till January 2014).

In November 2013, I filed for my mother's green card, concurrent filing for I-130 and I-485, along with Advance Parole. We have received the acknowledgement form USCIS and also completed the Fingerprinting in December 2013.

1. Given that her 6 month stay, per I94, ends in January 2014; do I need to do anything? I am under the assumption that since we have filed for her Green Card, we do not need to file for any extension of her stay here, or do any other paperwork. Is that correct?

2. Approximately how long does it take for the Advance Parole to come through? There is a family wedding in India in February 2014, and she wanted to go for that if possible. Also while she is out of teh country on AP, does she need to take any precaution? What documents should she carry with her?

Thank you

L1A to B1/B2 while in USA

Hi Rajiv,
I am on L1A Visa and my 7 years are getting completed in June'14. My wife is pregnant and she is due in May'14 end. What are the options for me?
Can I apply for COS from L1A to B1/B2 visa for period after May'14 end while staying in US? I know I won't be able to work, but can I and my wife stay legally and complete the pregnancy formalities and go back to India after couple of months?
Pl. advise

I-130 and K3 visa issue


I have applied I-130 for my spouse. I have also applied for I-129F for her K3 petition. It's been 4+ months for K3 application. USCIS web site says 5 months time for K3, but I have not heard back anything yet on my K3 nor I-130. Can we apply for tourist visa? Will applying for tourist visa affects negatively on our I-130 or I-129F? OR should we wait for K-3 application processing?

Dhaval Doshi
Business School while Pending GC

Hi Rajiv, thanks as always for your service.

I am currently on my 3rd year on H1B (first two years through regular cap H1B employer and switched job to a cap-exempt employer). I am contemplating asking my current employer (university investment office, hence cap-exempt) to be my GC sponsor. However I am also thinking about attending business school in the next 2-3 years.

If my employer decides to start the GC process (through EB3) right away (guessing ~2 year wait including perm, i-140, priority date, i'm not an indian or chinese national), do you think I would be able to attend business school for an MBA during that process (or at least until after the i-140 is approved and waiting for priority date to become current)? If not, what are my options?

Is there some kind of expedited process for PERM, i-140, etc, if you work for a higher-education university (not as a professor)?

Side question:
I am from a country where mandatory military service is required and although i have valid h-1b status in the US until 2016, my country won't renew my passport past dec. 2014. Assuming I never travel outside the US, would there be a problem if a) i am trying to extend my h-1b after 2016 and b) trying to apply for GC with an expired passport?

Thank you again.
about denial of adjustment of status throug family.

hi there,
I applied for adjustment status through marriage(through my wife who is U.S citizen) and had the interview about three months ago. there was request for more evidence and I did sent most of them. im waiting eagerly for the decision and just to be prepared if it is denied I have some questions that I would like to ask u on the conference call.

I know I can go to court after I file a motion to reopen my case if denied...but can I file political asylum while being in removal proceedings or can I file it while my case is still pending in immigration court after the denial?
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F2A visa

I am on my OPT which expires in May 30, 2015. My spouse is on green card. We got registered marriage here in usa however, we are planning for traditional marriage in Jan 2015 in India. We are considering applying for greencard for me based on her greencard- Category F2A. I have few questions.
Would it be safe to travel to India while 1) application is pending and 2) application is approved?
Would you suggest going India on OPT and return to USA on OPT? I would be back in US 4 months prior to expiration of OPT. We will file for immigration after we come back in 2015.
I know that the best option is to get AP and AOS and go to india however, due to time constrain, it seems like impossible. Please guide me.
Dependent I-485 pending but Primary approved and dates retrogress concerns

Hello Sir,

I applied under employment based green card category under EB-2 and in November, both me and my wife's I-485 got approved and received Green card but my child's ( under 10 yrs old) I-485 is still pending. I called USCIS but they just asked to wait and then dates retrogressed. Now the Child has approved AP but GC is pending. If I leave my job now, will it impact my child's GC or will child still get GC when dates become current again. Please advise.

thank you


Registered Users (C)
AC21, EAD, H1b

Hello Rajiv Ji,

a)If After 6 months of applying for I-485, if I receive EAD, but not the green card.
If I need to change employer, I get a job offer in new company and I can myself apply for AC21 right? (My new employeer does'nt need to file AC21?)

b)I am a Sales Engineer in my current role.
The new job with new employer, can it be any engineering Director, Product Manager, Sales manager, Sales Engineer, Product Engineer, Technical Marketing engineer or
it has to be a individual contributor Sales role only (same Job title as previous company)?
can't be a management role?

c)If I loose a job while in H1b (either company bankruptcy or layoff), I can apply for a visitor visa for 6 months right here in US to maintain status?

d)If I loose a job while in EAD (either company bankruptcy or layoff), do I need to have a Job in US to maintain status?

2)I have a US Engineering Masters degree, your thoughts of getting a green card thru Comprehensive immigiration program in 2014?

3)Your thoughts of H1b visa stamping in a US consulate in mexico?

4) re-entering from Mexico/Canada within 30 days, if my visa is rejected should be OK?




Registered Users (C)
Dear Rajiv,

Thanks for your valuable advice.

Ques-1- Pay Stub

I am going to be terminated in a week or two. I work on H1B visa. Another employer would file an H1B petition for me in a week. During October, November, December and January, I was on unpaid leave (approved as per Family and Medical Leave Act) or was on paid leave after mid december for two weeks. I have only one recent pay stub which shows only the paid leave earnings and no salary. Before that, I was on unpaid leave. Usually, H1B Petition requires 3 recent pay stubs. I have only one recent pay stub. I am concerned about that.

I am concerned that the pay stubs showing much less than normal earnings could be a problem in the H1B petition. What should I do. Should I include an employment verification document from my current employer which may indicate that I was on unpaid leave. Or should I just let the H1B petition include those recent paystubs (two) which show partial earnings based on paid leave. ?

Ques 2 - Recovering time worked on Pending H1B

In March 2008, I had changed from employer A to employer B. My employment with employer A had ended a month and half before employer B filed the H1B petition. The Petition filed by employer B went into security check and was approved 16 months later. I began working for employer B soon after the employer B filed the H1B Petition. But because the H1B petition filed by employer B went into security check and remained pending, and also because I wanted to pursue MBA, I left employer B in March 2009 - a year after I began working for them. The I-797 that the previous employer had got approved was valid until October 2008. Can I recover the period that I worked on Pending H1B petition (after the previous I797 approval date ended) - that is period from October 2008 to march 2009? . Recovering this period would really help as I only have 12 months remaining on my H1B.

Ques-3 - How quickly GC process can start.
Because of 12 months on my H1B, I want my new employer to file my GC application asap. how soon can this be done given the timelines for the different parts of the process. ? What happens if my 6 years on H1B are over and I do not have a PERM approval. Usually How much times it takes for getting PERM and I 140 approval?

Ques 4 - H1B Stamping

The H1B visa stamp in my passport for my current employer is valid until Feb 1-2015. If I change my employer, and the H1B Petition to change status is approved, do I need to get another stamp when I travel to India before Feb 1 -2015. ?
Thanks Rajiv
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H1-B stamping with DUI

I got a DUI back in Feb of 2009 and subsequently the case was dismissed and I have a letter from the Records division stating that case has been dismissed and all the physical records have been destroyed as of April 2010. I am going for H1-B stamping in March of 2014. What are the chances of getting a 221 g and a medical evaluation. Per the 2007 DOS applicants with one DUI in the last three years had to go through Medical Eval, but now I checked another link which says any DUI arrest in five years will have to go through Medical Eval. It will be over 5 years of my arrest when I will be going for stamping, however the case has been dismissed as of 2010.

Also my fiancee is a green card holder and we are getting married in March of this year. Worst come worst scenario if I get stuck in India, can she come and file for I-130 and wait for dates to be current.

Thanks in advance for all your help.

Never drink and drive
Change of Job Role after green card

Dear Rajiv Sir, I am working as a Project Manager and have received my green card through my current company which is alsi my sponsoring company two months back. Now I have received a new job offer from another company in a different job role - in business development and sales. Can I switch to a new job role and title or do I have to stay in my sponsored position of project management ? If so, how long do I need to stay in the same occupation ? Will this cause problems later on during citizenship if I switch now ?

Please answer my query.


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