Recording available for July 18 Conference Call

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Staff member
Recording available for July 18 Conference call.

Conference Dial-in: : (202) 800-8395
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
NEXT CALL DATE: August 1, 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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New Member
Is it Legal to stay and work on I-94 validity after L1B visa expiration without filing for Extension

My L1B Visa is getting expired in September 2013 and I have my I-94 valid till April 2015.
My employer does not want to file for extension and wants me to continue working with I-94 Validity.

Is it Legal to stay and work on I-94 validity after L1B visa expiration without filing for extension?
If yes,does the stay on I-94 create any Issues when I go for any visa stamping next time in home country ?

Appreciate your response...!!! Thanks


New Member
Change Job process after post 6th year H1B extension, green card application filed

Dear Sir Rajiv,

I am fron India and working with my company for almost 4 years. I am currently on H1B and second term is due to expire in September 2013. The H1B extension has been requested with Vermont service center.

My green card petition was filed in February 2012, and have my labor and I 140 approved. I wish to change the jobs as soon as I receive my H1B extension and it would be very helpful if you can help me understand the process how I can do this. Also it will be helpful for me to discuss the steps they would need to take for me to be able to work with next employer.

Thank you very much,



Registered Users (C)
AC 21 after H1B transfer:

Hello Sir,

In year 2009, my company A filed GC application (PERM and I-140). I got EAD in 2012.
My employer has two companies. 6 months after filing I-485, my employer shifted me from company A to Company B.
At that time I had valid H1B on company A. So my attorney did H1B transfer from company A to B, and new H1B is valid until 2015.
Please note that we didn't use AC21 at the time of transfer.
Now attorney suggesting to do AC21.

1) Is it required to do AC21? If so..since I didn't do it at the time of transfer, Will delay in filing AC-21 jeopardize my I-485 application?
2) What would be my status after filing AC21?
3) After filing AC21, will my H1B still valid?
4) If my employer closed company A, is there any problem to my I-485 application?

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New Member
I-140 question

Hi Rajiv,

I am currently on H-1B visa( 3rd year) working for a Client through a Consulting company in Texas.
The consulting company filed for my GC in EB2 and my I-140 is cleared.

Now the client wants to convert me to FTE by sponsoring H-1B .

Can i ask client just to sponsor H-1B and don't worry about GC as they will apply only in EB3 , i want to have the GC process going on with consulting company even though i work for client.( i spoke to consulting company and they said they dont revoke the I-140 or cancel the posting)

Please suggest.

1) if i can work for client without a GC process from client?
2) what kind of problems will i get in future?
3) what should i do after the PD(march 2012) become current ? assume i am working with client with no GC process.

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New Member
N400 - Evidence of - The applicant did not obtain employment while abroad

I applied for naturalization (green card based), my initial interview is done and I got RFE (request for evidence) to prove:
(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad
In my case I did not work in US in last five years. One of my trips abroad (1.5 years ago) lasted for 9 months. We did not keep home/apartment while we were away. My husband took job abroad as he was laid off in US. I remained house wife while I was away.
Question – what kind of evidence is needed to prove that I did not work abroad and from which authority I need to obtain that? Apart from tax transcripts (already submitted) what else should I provide to strengthen my case? Please advise.


Registered Users (C)
PERM case might get VOID due to attorney fraud & H1B stamping

Dear Rajiv,

I have got into very strange issue here. I had my PERM filed in EB3 category with Priority Date of NOV-2010. It went through audit (recruitment related questions) and finally approved. After that i got my I-140 approved.

Now, end of May -2013, our employer brought to our attention that the attorney who worked at immigration attorney's office has committed fraud with all PERM cases he filed for our company between 2010 and 2012 and has been arrested for that crime. In reality, he did not do any job posting and prepared fraudulent paperwork. With this, there are high chances that our case will be marked VOID and we need to restart whole process with old priority dates being lost. Employer has initiated (PWD requested on 7/11) new PERM application and will be filing under EB2 category.
Based on approved 140, I got my H1B extension approved for another 3 years till May-2016. I am now into my 7th year on H1B.

Now, I have few questions here
(1.) I was told that already approved H1B extension won't have any issues and that I can continue staying in US till May-2016.
(2.) I have plans to visit India this year end in December and will need to get stamping done to return back. Will there be any issues with my stamping considering my underlying I-140 case might be Voided?
(3.) I will prefer to get my VISA stamped in (Mumbai) India as with new rules, I wont have to appear for interview since my last H1B stamping was done for same employer and at same consulate. But considering this situation, is it advisable to go to Canada immediately and get VISA stamped before my case is flagged in the system?
(4.) Are there any other options or my rights that i can explore considering I was not at fault in all this mess.
(5.) Are there any other legal actions that you think I can explore? There are many people in our company who are victim of this fraud.
(6.) Is it possible for me to change the job? Is there any risk?

Looking forward to your guidance.

Thanks & Regards,
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New Member
EB2 India vs Family Based Greencard. Which is better?


Here are my details. I got my green card in March 2012 through EB2 India, priority date November 2007. Our 485 was filed in December 2011. My wife had to go to India after we received our EAD and AP in Feb 2012. Our fingerprinting mail was received after she left to India. So she did not attend the fingerprinting which was on Feb 28th 2012. I had attended my fingerprinting and received the green card in March 2012.

She attended the fingerprinting after she came back from India in May 2012. I had raised an SR in March 2013 to get the status and received a response

"There are currently no visas available to process your I-485 application. Your priority date is later than the cut-off listed on the visa bulletin for your preference."

We have renewed her EAD and AP in March 2013 and received a new combo card valid till Feb 2015. We also received a RFE for some missing medical documents in June 2012 which we already replied. Now her 485 status is Request for Evidence Response Review

Now, her PD of November 2007 is current in August 2013 bulletin. I also observed that Family based category F2A Spouses and Children of Permanent Residents is also current.

I would like to know what would be the better option, file a I-130 for family based green card and link it to her pending I-485 or wait for her case to be processed under EB2I derivative. I do not want to spend $420 for the I-130 filing. But if the chances of the dates going back are high I would not want to take the risk and spend the money.

Please suggest what course of action would be good.



New Member
H1B Ammendment

Hello Sir,

I am working in US Based company. It has two locations(Columbia,MD and Herndon,VA). Now I am working in Inhouse project.
Intially my work location is in Columbia and got H1B approval. recently my work location is changed to Herndon but project is same.
I submitted the DS160 on May2013 and book the visa appointment for August based on my old H1B approval notice (at that time I have only this). In June I got the mail from my employer, they applied for H1B Ammendment in June 15th and got the receipt number on June 28th under normal process.

My Questions:

1) Do I need to give H1B approval and H1B Ammendment papers at visa interview time?
2) Do I need to say only my work location is Columbia (if they ask what is my work location) or Do I need to say my current work location is Columbia and submitted for H1B Ammendment, once I get the approval notice. I will be working in Herndon location?

3) Do I need to hide the H1B Ammendment topic?
4) Do I need to submit new DS 160 based on Ammendment receipt number?
5) Will it cause any issue with Ammendment? mine is same project and same employer and it is Inhouse project

Please suggest me...I would appreciate, your response



New Member
Interlinking of filed I-485 (in EB-3) as derivative to Spouse’s I-485 (EB-2)

Hello Sir –

Thank you for answering all our previous concerns through this immigration portal, which has always provided us with guidance we needed. Today, we have another question relating to my paperwork.

My permanent residency paperwork was filed by my first Employer (Company A) in EB-3 category with Priority Date: Dec 2004 and I got my EAD through Company A in 2007 but no GC as the dates retrogressed.

In 2010 I moved to a different company B due to family reason and started working using my approved EAD from Company A at a client site representing (Company B), who have not filed my AC21 (neither did I).

This month, my husband paperwork which was filed in EB2 progressed and the dates became current and now he is ready for submitting the I-485 applications. When my husband spoke to his Attorney, it was conveyed that they will only file his I-485 first and wait for the Receipt Notice. Once the Receipt Notice is received, my husband’s attorney will call up the agency and ask them to de-link my previously filed I-485 application from my I-140 that was filled through my Company A (in EB-3 category) and link to my husband’s I-485 as derivative.

The rationale provided by my husband’s attorney was that since my I-485 was already filed (and waiting its approval) it does not make sense to reapply another one. In addition, there is reasonable cost associated with it ($1070.00/- plus medical expenses).

My question is that, can this be done as stated above. That is once my husband’s I-485 filed and Receipt Notice is received, my husband’s attorney will call up the agency and ask them to de-link my I-485 application from my I-140 (EB-3) and instead link to my husband’s I-485 as derivative. If so, can this be done over the phone and which agency? And what is the exact process that they are expected to follow?

I am (and my husband) not concerned about the additional cost associated with reapplying my I-485 as dependent to my husband application. It’s just that I want to ensure what is the correct process for filing in our current situation. We just don’t want to miss the window and get delayed in getting the GC in this process as it is highly anticipated that the dates will be retrogressed again in the next bulletin (i.e. Sep’ 2013).



New Member
J1 waiver based on NOS from India

Dear Mr. Khanna,

Thanks a lot for valuable information on my previous concerns!

With reference to my previous post on June 20:
[I am a Research Scholar in cardiology on J1 visa with 2 yr HRR due to country specific exchange visitor skills requirement since October 2012. I got married to an U.S. citizen recently and now I wish to apply for an LPR. So I would like to know the best way to get the J1 waiver.
I would like to have an idea to write the best "Statement of Reason" for getting the waiver on the basis of NOS from India.]

I am on J1 research and not on J1 clinical. I am not pursuing graduate medical education (residency) in U.S.A. I would like to have more information on creating "Statement of Reason" in my case. I am on J1 visa since October 2012, which expires on July 2014 for Cardiology research. I got married recently in May 2013. I did not have any preconceived intention for this marriage before coming here. But I would like to know how can I show this to the DOS in my SOR.

Thank you.


New Member
I-90 questions

Hi. I came to the US from the Philippines last 2003 on a class E35 category visa (child of skilled worker). I was 16 back then. I then received a green card. My green card will expire on January of next year and I was filling up form I-90 online to renew my card when I couldn't answer some of the questions. Can anyone help me? Thanks.

1. On the class of admission, I understand that I should put E35 but there's no E35 on the dropbox. What category should I use?

2. On the city of residence where you applied for an immigrant visa or adjustment of status, I'm not sure if I was the one who applied for an immigrant visa/adjustment status or my mom. Anyone here familiar if the person who applies for the E-35 is the parent or the child? So if it's my mom then I should use the city where she applied from? And if I applied I should use the city I was in before coming to the US?

3. Consulate where immigrant visa or USCIS office where adjustment of status was granted. I really don't know how to fill this one out. I remember being interviewed back in the Philippines at the US consulate there before coming here. But I'm not sure if the immigrant visa was issued here to my mom or to me in the Philippines. Anyone familiar or has gone through with this situation?



Registered Users (C)
Hi Rajiv,

I'm currently employed full time under cap-exempt H1-B with a non-profit. I've never been counted against the H1-B cap pool. I have a job offer extended from a cap-subject for-profit company. Since the cap has run out this year, I plan to ask the cap-subject company to do a concurrent H1-B for me. I have a few questions.

1. After the concurrent H1-B is approved, if I quit or get laid off from the cap-exempt non-profit company, will I still be in status and be able to continue working for the cap-subject for-profit company under the concurrent H1-B?

2. Having a cap-subject employer means that the concurrent H-1B petition will be filed under the H-1B cap. Does it mean I will be counted towards the cap, hence I can transfer to any cap-subject employer afterward anytime?

3. How long does it normally take to approve a concurrent H1-B before I can work for the cap-subject for-profit company?

Thank you so much,
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Registered Users (C)
Preparing to file I589 on political asylum

Dear Sir,

This forum is the best information instrument to be prepared for such an important step of life guarantee.

Me and my child 16 are on B visa legal stay till Dec 2013.

I would need two more weeks to be ready to apply.
Question 1: When is the best timeline until December for me to apply?
Q2: do I need to extend visa?

Q3: do I need to apply for F1 for my child to start high school in September.even though I might have not applied yet?

Thanks a lot.



Registered Users (C)
Dependent Visa Stamping - Current on I-94

HI Rajiv

My colleague is currently in US on a I-94 but with expired visa (L1). He wants to apply for a L2 dependent visa for his daughter who is currently in India. Pls advise if it is ok for him to apply for L2 visa for his daughter based upon his I-94 status (L1 visa) or is he required to have a valid visa on his passport in order to be able to apply L2 visa for his daughter. He I-94 is valid till 2015 but his visa has already expired. I read somewhere that the L1 principal applicant needs to have a valid visa on his passport in order to be able to apply for L2 visa for dependents else the consulate might reject the L2 visa.

Pls advise...Thanks


Registered Users (C)

hi there,

is there any further step after my dispute I sent to Uscis for my sister's change of category they did. from F2 A they changed the category into one below as she turned 21 a week before her interview date.

what should I do as our calculation of Cspa status show her 19 yrs old.

many thnx


New Member
Work permit after living 9 months in the USA

I'm a student living in Miami, Unites states. I've been here for 6 and a half months and I finish school in 7 weeks. I've heard about a work permit valid for a year that I can get if I have lived here for at least 9 months. I have no idea about what kind of visa I should apply for, do you have any information please?
thank you.


New Member
DV-2014 Selectee

- notified as winner on 13/05/2013 by Dep. of State
- check status case No 2014AF0011XXXX
- Sent DSP122 and DS230 to KCC by DHL ON 20/06/2013
- Aknoweldge receipt by KCC on 24/06/2013
- contacted KCC For interview expected date and advised by KCC that notifications will be ready by 15/08/2013 and should be cheked thru ESC on or after that date.
- pending medical examination
- pending clearance police certicates
- pending preparation of documentaion
- finally interview.

One of the family members will turn 21 years of age by the end of this year-2013, and hoping to obtain visa before that date. i have been advised to notify NVC two months earlier before turning 21.
Can you advise knowing the fact that she is studying medicine in the 4 semi final class at a Univ.? can she enter the USA later after notification to NVC, and if her Visa can not be expedited?
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New Member
Changing Employer soon after Getting Green Card/ AC 21

I got a full time job offer at Wells Fargo. My priority date is Oct 10th 2007, which will be current, beginning Aug 1, 2013 . Could you please suggest me if I can accept a full time job immediately after getting the green card ? or is there any condition like I need to work for the same employer who sponsored my green card? or Should I file AC 21 prior to August 1, 2013 with the job offer. I am in a state of confusion, would you please suggest me in which direction should I go after getting GC? Is it fine to file AC 21 until the day prior to GC Approval? Thanks, Azeez


New Member
Questions Regarding Green Card through F2A Category

Hi Rajiv,

The dates for family based immigration Category(F2A) are current for the month of Aug 2013. It is predicted to be current till Oct 2013.
My fiance is a Green card holder and is currently in USA .I was in USA from Jan 05 till May 2011.Iam again trying to come back to USA on H1B Visa.

I would like my fiance to come to India for marriage . once the marriage is done we could file petition I-130 ASAP . Once my I-130 gets approved ,
both me & my spouse can go to the US consulate for an interview & get a green card(temporary or probabtional) or an visa to come back to USA again.

I have the following questions for you.

1) Based on your experience , do you know how long the dates will be current for this category(F2A) ?

2) If Iam outside of USA , Realistically speaking is it possible for me to file for green card application(temporary or conditional)
if everything takes place ASAP like marriage , I-130 filing ,I-130 approval etc?

3) Is there any scope of Proxy marriages ? & if it happens , Any chances of me getting a temporary or conditional Green card through marriage since it is
legal in some states?

4) Do you advise me to come to USA on a tourist ,fiance visa or any other Visa category , get married in USA ASAP & then file for Adjustment of Status(AOS) till the dates are current?


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