Recording available for NOVEMBER 21 Conference Call

Not open for further replies.


Staff member
Recording available for Nov 21 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.
Last edited by a moderator:
How to track PERM application that has been submitted?

My PERM application was submitted on 4/25/2013. I have not received any updates on that from my employer. When I ask them the status, all they say is they cannot track it and it takes 5 -6 months so all I have to do is wait. Is that true? Isn't there any way that my employer or the lawyer can track and check the status? I'm thinking there must be some site to track that can tell us if it is under review or something? Please let me know. I'm under panic without any status update on my application.
L1B to H1B with COS

Dear Rajiv

Here is the Situation:-

L1B Valid till 1st Feb 2014 ( With Company A)
I94 Valid till 1st Feb 2016 ( With Company A)
H1B Approved with COS with new I94 valid from Oct 2013 to Oct 2016 ( With Company B)

Applied H1B with a small time Company B and have not joined till now as i have not found a project yet.

I have heard that H1B Status kicks in from Oct 1 onwards and one has to join company B in this case from October 1st.

My Questions
1) Is it illegal to work with payroll of company A on L1B until roughly 30-60 days after Oct 1st and then join company B. I have heard its a grey area and generally USCIS accepts some period within which you can switch over and join on with H1B employer.
2) If I didn't join from October 1st on H1B, then does it create issues in GC approval in the future?
2) My Employer is not giving me H1B I-797 petition copy until i sign I-9 form to join him. Is it legal ?
3) My Employer has put in a liquidated damages clause in joining letter of $25,000 if i leave before two years. Is it legal ?

Appreciate your advice

Green Card for Parents

Hi Rajiv,

I had questions on green card processing for parents and wanted your recommendations

- If parents are in India, How long does it take to process I-130 / Consular Processing?
- If parents are in USA, How long does it take to process I-130 / Adjustment of Status?
- Can I-130 be processed when parents are in India and thereupon - the Adjustment of Status done when parents are in USA?

Thank for your help
485 Filing Risk for current H4 Dependant, who had a prior H1, but partially employed

Dear Rajiv,
I have been in H1 in the US for 13years and my family in H4 for the same duration.

My EB3 was filed in 2003 and with the recent advancement of dates I am filing for my 485.
In July 2008, my employer applied for H1/H4 extension and we got it approved from 7/2008 to 7/2011.
My wife found a prospective employer who filed an H1 for her and it got approved from 10/2008 until 9/2011. Her employer was unable to find any suitable placement for her and put her on training, without any paystubs. In April 2010, they found a 2 month assignment for her and she accepted it. At the end of 2 months, she wrapped it up and got paid and was hoping to find more projects. But unfortunately did not.
So we wanted to change her status back to H4. I approached my attorneys regarding this and they said her H4 is still current and as long as we do not travel outside we must be fine. We went with that statement and in 2011 we renewed her H4 along with my H1 (valid from july 2011 to july 2014).I also included her W2 in my 2011 tax returns.
Since then, we traveled to india in 2012 and got visa stamped for all of us and rentered the US without any issues.

Now, as a part of our 485 application, when my new attorneys are reviewing my wife's G325, under the last five years employment section, where we have the 2 months of employment listed for my wife, they anticipate a query that could even lead to denial of the Green card for my wife, due to failure to maintain H1 status after her 2 months of employment.

How much of a risk is involved here, this being a dependent applicant's case..
If in case there is an inquiry on these grounds, Can you please suggest any options for me to prepare to handle this.
Please suggest.

Filing I-130 Petition for Mother from USA,can she travel after filing I-130

Dear Rajiv,

Thank you for your time to help the community .
My question is regarding my Mother's greencard. I am a US Citizen and I filed the I-130 Petition with providing details about her I-94 card number .She is currently in the US and we did not file for I 485 yet.
She will be traveling this week to Dubai with some family emergency.
We did not receive any visa number which you get after filing I -130 .We filed the I-130 about 2 weeks ago.

My concern is that can she travel outside USA after filing I 130 .In that form we mentioned she would be filing from New York for the process .In the I-130 form question 14 specifically asks if your relative is in the US,we did answer "yes"
Please advise as her traveling outside US after filing I-130 would it be a concern or not when she returns to the US and files for I-485.
We wish to file for I-485 after she returns to US and apply for adjustment of status
If you can please advise before the November 16, I will appreciate it a lot as she is flying on the November 17

Appreciate your time and help !
May God Bless !

H4 Extension.

Hi Rajiv Ji,

Thank you for your valuable suggestions for my previous posts.

Today, I have question on H4 extension.

Me my wife and children have H1/H4 visa stamped till Feb, 2015 with my previous employer. I joined with other employer in May 2013 and got my new H1 only for 1 year i.e till May 2014. This new employer did not filed H4 along with my H1. He said no need to file H4, since they have H4 Visa stamp in their passport till 2015.

1Q: Is it a correct process? If not, can I apply now?
2Q: This will have any issue during GC process down the road?

Please advice me.

H4-H1B Change of Status on Maternity Leave.

Hi Rajivji, Pranam.

I am currently on H1B visa with a desi consulting firm ‘A’, working on E-V-C model with a retail client in IL. I am expecting a baby and the expected due date is: Nov 28th 2013. I will be going on Maternity leave (FMLA) for 3 months from Dec 1st 2013 to Feb 28th 2014. After the Maternity Leave, I am planning to visit India for 2 months with the new born baby from March 1st 2014 till April 30th 2014. While in India, I will be going for H4 visa stamping based on my husband H1B visa and will enter USA on H4 visa as it is going to be difficult for H1B visa stamping with a desi consulting firm. As I will be Cap-exempt, I will have my Employer apply for COS (Change of Status) from H4-H1 immediately when I am back in USA.

My questions:
1.Can the H4-H1 COS be filed immediately once I am in USA or will there be going to be any wait time (as 2-3 months) before the H4-H1 COS can be filed as USCIS might think that I am defeating the purpose of H4 visa and misusing the H4 visa just to enter USA and filing for H4-H1B COS rather than going for H1 visa stamping in India. If USCIS thinks like that, they may approve my H4-H1 COS as Consular Processing (without an I-94) in which case I need to go out of the country and get my H1 visa stamped. Could you help clarify if there need to be any wait time before the H4-H1B COS can be filed.

2. After I am back from India, I am planning to file H4-H1B COS with a new employer ‘B’ rather than my current employer ‘A’. In this scenario, do I need to submit my Pay stubs that I have before by maternity leave from old Employer ‘A’ while applying for H4- H1B COS with new Employer 'B'?

Any help in this regard will be greatly appreciated!

H1B Stamping without Paystubs

Hi Rajiv

I am presently working on L1B visa with Company X.

My H1B with COS was approved in August 2013 by company Y. However, i am not able to find any job until now on contract via company Y on H1B, So i decided to continue working on L1B with company X until i get a job with company Y.

Now i have got an offer for permanent employment with company Z. They are saying that my H1B can be transferred ( Means a new one can be filed being quota exempt) even if i dont have any paystubs generated with company Y. Is it possible ? Wont USCIS question why i didnt join from October 1st onwards with company Y when it was files as COS and why no paystubs were generated ?

Also, in case if i go back to India and then file for New H1B in quota exempt with company Z, will the officer at the time of stamping ask me for paystubs of company Y from October onwards ?

Company X has generated my salary for October and Nov 2013 on L1B. What will be a safer bet in this case

Also, if i decide to go out of country do i have to surrender both I-94's at port of exit. One which is with L1B and the new one with H1B even if i didnt join H1B company Y

Travelling while H4 extension in progress

Here is the situation with me:-

My H1B and my wife's H4 visa is valid till 30-Mar-2014. My employer has filed our H1 and H4 extensions on 12-Nov-2013. But my wife had to urgently travel to India for 3 weeks on 13-Nov due to a family emergency.
In this case :-

1). Will her H4 extension petition become Null and void (abandoned) as she has traveled outside of US when extension is in process ?

2). If the answer to question is yes and H4 extension is denied , can H4 extension be filed again from US when she returns and how good are the chances that it will go through ?

3). I have been suggested by my employer that she should wait in India till my H1 extension approval notice comes and then appear for H4 stamping with new approval notice for coming back. Do you recon this advice is ok ?

Appreciate your help.


Hi Rajiv sir,

I am completing my 3rd year bachelors on H4. I want to change my status to F1 since I am aging out.

Q1: If I apply for an F1 visa and get approved, do I need to apply for another F1 visa, if I want to study Master’s at present university or any other university?

Q2: In form I-539, are the A-Number and SSN mandatory to write? (Father: h1-->EAD-->h1)

Last edited by a moderator:


New Member

Dear Rajiv Sir (PLEASE HELP)

I am in very tricky situation where I don't know what will happen.... Here is my case simple to understand -

L1B (Employer "A") - I94 Expired "20th Aug 2013" - now on I797C (Extension pending case with USCIS as on today)

H1B (Employer "B") -Apporved with COS effective from "1st Oct 2013"

Got to know about approval last week through Employer "B" so - Employer "B" is asking to resign immediately and start from "1st Dec 2013" even ready to pay me on bench; hoping for placement during this period.

Q1. There is overlap of 2 months pay on L1; how this will taken care in future

Q2. What happen to my L1B extension and how new employer "B" can adjust this joining

Q3. Is that really matters to start on H1B from "1st Oct" since keeping a legal status/presence on one non-immigrant visa and once rolling over with new H1B emplpyer thorgh "I9" starting on "1st Dec" - so at any given time working on only one category of visa.

Q4. Is 30/60 Rules can be used to do to AOS (Adjustment of Status)


PLEASE SHARE YOUR ADVISE .... I have very less time to decide
Change of status from B1/B2 to H1b

Hello Rajiv Sir,

My H1B is approved and employer is delaying stamping (I am in India)
as something needs to be sorted out before making me travel.

I had planned a pleasure trip in Nov 2013 thinking that I will be in
USA in Nov on H1B. Since stamping is going to take sometime,

1. Can I file for a visitor visa and go on a pleasure trip. I know VO
will think that I am trying to avoid stamping of H1B though the case
is genuine. What are the chance of B2 getting approved after having an
approved unstamped work visa.

2. Will it affect my H1B stamping if B2 is rejected ?

3. If the project issues are resolved when I am on pleasure trip.. Can
I do a COS to H1B from my visitor visa OR will I have to Return back
to India and then appear for stamping and travel back.

4. If yes, what are the timelines of COS from B2- H1B?

Appreciate your help!
Travelling while H1 amendment and extension pending

Hi Rajiv,

First of all thank you for doing this regularly. We all appreciate your help.

My question is, I am on H1b and my i94 expires in april 2015. I recently accepted telecommute option and so my company filed H1b amendment along with extension. While this is pending, I would like to know if it is safe to travel while h1 is pending? Also my Visa expires Jan 2014.

H1B Visa transfer while in India without travelling to US

I have a valid H1B Visa stamped this year. But the company that stamped my VISA does not have any openings in the US. I am planning to change company.

1. Can I transfer my petition without travelling to US?

2. Once the petition has been transfered to new employer. Do I need to go for restamping? or can I travel to US with Old stamp and new petition?

3. If the answer is yes to the first question then Is there a chance of getting RFE because I never travelled to US and I am trying to transfer petition while in India?
Moving from H1 to EAD

Hi Rajiv,

I was holding both H1 and EAD for several years now, although I never used EAD.

My current H1 is expiring in January 2014, EAD is expiring in March 2014.

I decided to no longer extend my H1(13th year) based on my Pending 485, up until now as I was always on H1 never bothered about the EAD expiry and renewal dates.

I came to know that we can only apply for EAD extension within 120 days of its expiry and I am guessing EAD extension doesn't allow us to work if extension is not approved in time unlike H1 where you can continue to work legally even after H1 has expired as long as the extension was filed in time

So here is my question

What happens if I don't get my EAD renewal in time , is there a process where we can get emergency approval from local office if it has been filed and is pending for more than 90 days ?

Impact of I 140 Withdrawal after 6 years of H1B

Hello Rajiv ji,

I wanted to get clarification on 'Impact of I 140 Withdrawal after 6 years of H1B'

Here is my question:

1. My H1b with employer A: SEP 2008 - SEP 2014. I had approved I 140.
2. I transferred to employer B in SEP 2013. Employer B used I 140 (from 1) when filing H1 transfer and I got new H1b from SEP 2013 to SEP 2016.

Now my previous employer(A) has withdrawn my I 140 so what happens after SEP 2014 (end of my six years)? Will USCIS take back the time it gave me (SEP 2014 to SEP 2016)?
Is there any USCIS article on this? Please advise.

Planinng to travel out of country when I am between jobs

Dear Rajiv sir,

I am currently working on H1-B for company A. I also have EAD/AP (485 pending for more than 180 days). I will be laid off next year and I have an offer from company B, to join after I am done with company A. I am planning to visit India after completing my current job but before joining the next job. I am planning to use Advance Parole to enter USA and work on EAD for company B.

My concerns are

1) As I will not have started working for company B at my time of entry and as I won’t have any payslips from company B, will I have any issues at port of entry?

2)Does company B need to apply for AC21 before I start working for them to avoid any issues at POE?

3)If the officer at POE asks me which company I am working for, should I answer company A or B?

4) If I absolutely need to fly after my current job, what are my options?

5)If I start working with Company B (along with company A)prior to leaving, would it help my situation?

I am really sorry for too many questions and appreciate all your help and support. Thanks in advance.



Registered Users (C)
Need to reclaim period counted in H1B time while F1-OPT was approved.

I am going to lose my job in a few weeks. Due to only about 14 months remaining on my H1B, most companies are unwilling to hire me- reason being – they do not want to file GC for me within one to 2 months of hiring. Without that I cannot work beyond 1st Feb 2015.
I want to reclaim some periods from my employment and visa history. For that I have listed the specific periods of visa status below. I would be extremely grateful for your advice.
H1B Petition approved for my current employer (employer C) , is valid from 05/19/2012 to 02/01/2015;

Visa History in USA
1. I started working on my F1 OPT visa for Employer A : OPT valid from 07/05/2005 to 07/04/2006

2. H1B visa approved for Employer A was valid from : 12/15/2005 to 10/01/2008; Because I already had an approved F1 OPT until 07/04/2006, there was an overlapping period during which both F1-OPT and H1B was valid.

Can I reclaim these six and half months from 12/15/2005 to 07/04/2006, during which OPT was valid, out of my H1B time and be considered as in F1 OPT status. If this 6 and half months could be added to my current remaining time on H1B (valid until 02/01/2015), I would have a total of 21 months approx.

Having 21 months remaining on H1B would make it more likely that I would get a job in a different company at this point of time.

Worked for Employer A until Feb 11-2008
Visa History in USA (continued)

3. Worked on pending H1B Petition for Employer B From 03/24/2008 to 03/28/2009; This pending H1B Petition was approved in Aug 2009, valid from 08/10/2009 to 03/23/2011; Because the H1B Petition filed by Employer B was APPROVED after I had left the employer B - can the period of one year from 03/24/2008 to 03/28/2009, during which the H1B petition was pending in some administrative process be claimed back and added to my current H1B time; I left USA in March 2009 due to frustrations with the pending H1B Petition.

4. Left USA on 03/30/2009; Joined top 10 US University for MBA on F1 visa in August 2009; After I had already joined US university for MBA in Aug-2009, the pending H1B petition was approved, with validity from 08/10/2009 to 03/23/2011. But I continued as a student and was considered in F1 status. This situation – when a H1B was approved while I was in F1 status is somewhat similar to the period from 12/15/2005 to 07/04/2006, when I had an approved F1-OPT but H1B was approved with validity from 12/15/2005. I should be considered in F1 OPT status like I continued to be in F1 status after H1B was approved in Aug-2009. Ideally the attorneys should have given a valid date after the end of my F1 OPT in 2006.
5. Left USA for 6 months – 22 Feb 2011 to 6 Sept 2011
6. Returned back to USA on F1: 6 Sept 2011 to 11 June-2012- F1 status;
7. Current H1B for Employer C is valid from 05/19/2012 to 02/01/2015; Started working for Employer C on 06/11/2012; (Since I was not working on H1B until the start date at Employer C, the period from 05/19/2012 to 06/11/2012 should be considered as F1, which was my status at that time. These 3 weeks should be considered on F1 visa)
Last edited by a moderator:


Registered Users (C)
Cn 2014AF00110xxx

Hello evry one. Please i need help. Inma 2014 dv winer wit CN 2014AF oo110xxx. Send doc to kcc on oct 25 got confirmation from them on the 4th nov that they received it and are proccessing it. Pls can some hlp with interview date following the cut off for Nov, Dec and January. Thkw
Last edited by a moderator:
Not open for further replies.