Recording available for Oct 10 Conference Call

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Staff member

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: October 24, 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
Working while H1b extension pending.

Hi Rajiv Ji,

I applied my H1 extension in May 2013 till now I haven't received my approval and my present H1 expired on Sep 25th 2013 (completing 6th year). How many days I can continue working? What are my options?

Am i eligible for Green card/any special status to stay long time in USA.

I am currently living Nashville TN. I recently blessed with baby girl on 8 th of september.My daughter is US Citizen and she has Genetic disorder. Only in USA this Genetic disorder can be treated. In India we don’t have any hospital which is providing service for this disorder.for this disorder Genetic doctor, Metabolism doctor and Nutrition monitoring and help need continuously. As of now I am on H1B and My wife & boy is on H4 visa. Am I eligible to stay here for my baby treatment, can I adjust my status to GC/any other status to stay long time to provide financial help to my baby for treatment.

RFE on Master's Cap H1 petition. Master's from Herguan.

Hello Rajivji,

I graduated from Herguan in 2011. I am currently working on OPT (Stem). My employer recently applied for H1B in Master's cap. I got a RFE on this application.

Following are my major concerns from the RFE.

1. Curricular Practical Training

I opted for CPT but canceled it within one month. I did not work on CPT. In the RFE they are asking me to provide evidence for CPT (Cooperative agreement between employer and herguan university, paystubs). What should I be providing for this query.

2. Master's cap petition: (My major concern)

USCIS is asking for a master's degree from accredited university as my petition was filed under master's cap. Since I have master's degree from Herguan which is unaccredited university, what is the best way to answer this question?

Thanks for your time!


Registered Users (C)
GC filed by USC for wife.

Dear Rajiv,

I am a USC and I have filed a GC for my wife who is currently on an L1A (concurrent 130/485) at the Chicago lock box. We have received the biometrics notice for 10/22. My questions:

1) Is it okay to try to go for a walk-in biometrics appnt ? Does that make it more possible to get an RFE ?I know it sounds like a stupid question, but we would like to be safe, although we would like to do a walk-in and speed up the process (possibly), if it is safe. What is your opinion ?

2) We did not file for the EAD along with the appln. Is it okay to file it now ? Is e-file okay ?

3) My wife's L1A will expire on Nov 23rd. Her company (TCS - TATA Consultancy Services) may file for her extension (it is doubtful at this point), in which case I think she can continue to work on her L1A pending processing of her L1 extension appln, CORRECT ? But if her employer does not apply or her extension does not go thru AND her EAD does not come thru till that point, CAN SHE STAY IN THE COUNTRY based on her pending GC appln ? Also, WHAT HAPPENS TO HER ELIGIBILITY TO WORK ?

Many Thanks,
Definition of prior experience after company got acquired

My employer filed Labor Certification for me in 2012. Priority date was in Sep 2012. After an audit and 10 months of waiting my Labor Certification has been denied in Sep 2013.

Now my employer is willing to restart the process all over. However, in Apr 2013 my employer has been acquired by another company. So the employer name will be different in this new petition. Is it now okay to claim the experience from before the acquisition as 'prior experience', both in terms of the number of years and also the skill sets ?
AC 21 related questions

Hi -

I am currently on EAD/AP and am actively thinking about moving to "same/similar" job to another employer using AC-21.
I still need to find a new job.

This is an awkward situation where I will need to tell my current employer with 3 months notice (which lets me collect a significant bonus). However, if the current employer revokes my I-140 as soon as I tell them and an AC-21 filing is done 3 months later after I have a new employment offer, will that be a problem for my eventual AOS? Do I need to explicitly ask my current employer not to revoke my I-140 till me last day is done? I don't want to proactively raise this issue with the current employer since that would take away significant negotiating leverage re. exit bonus/timing, etc.

Also, is it common practice to hire an attorney for AC-21 filings or is it something that a lot of people choose to do themselves?

My 1-485 Denied because My Husband 1-130 was denied

Dear Rajiv,
Can I have two attorneys filing g-28 in my appeal to immigration?
If it is possible, are both attorneys supposed to pay the filing fees for this same appeal?
The truth is that I do not want to take chances and I believe that having two attorneys to fight my
case separately will help me better.
What do you advise?
Concurrent Filing for Green Card for Widowed Mother

Hello Mr Khanna,
Your services to the community have always been so helpful and I hold you in high regard for your past help to me as well.
My mother (she is a widow) is already in US. I (a US Citizen as of May 2013) am now thinking of having her stay with us long-term and will file for her Green Card through Concurrent Filing this month (October 24th, 2013). She arrived in July-end 2013 on a visitor visa. She has been a regular annual visitor for the past 10 years on Visitor's visa and has never been out of status.

Question #1: Do you have any advise on what we should take care of when filing her Green Card (Concurrent Filing while in US)?
Question #2: What all forms do I need to fill? After some research I have narrowed down on the following forms: Did I miss anything?
- I 130: petition
- I 485: AOS
- I 864: Affidavit of Support
- I 693: Medical Form
- G 325: Biometric Information
- I 131: Advance Parole

Thank you for your help.

EB2 eligibility?

Hi Rajiv

I graduated in Jul 2005 with bachelors degree (12+4) and worked in India for 4 years and 7 months. I moved to US on L1b visa with the same employer in 2010 and has 3 yrs & 9 months exp in US. Will I eligible to file under EB2 - will DOL consider my US experience given that it is the same employer who is filing for my green card? Appreciate your help.


Staff member
Regarding Education Equivalency, Do Master’s from India (Whether from renowned Accredited College/University like IIM’s or IGNOU (thro’ distance education program) is *not* considered at par with Masters done in US) ?
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