Recording available for Oct 24 Conference Call

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Staff member
Recording available for Oct 24 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: November 7, 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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H1 B Transfer

Dear Rajiv,

Thank you for this public service. Appreciate it.

Brief background:
I came into US in 2005. I'm currently on my 9th year H1B. H1B expires on July 2014. My priority date is Dec 2010, I have my Labor and I-140 approved in EB-2 (India) and waiting to file I-485.

I have been working working with the my current employer since the time I came into the country. Through my employer, I have been working with a client for the same duration and at client location. The client now wants to hire me and the opportunity is pretty good. My current employer has agreed to the transfer and has assured me that they will not revoke my I-140.

Below are my questions:
  1. Assuming my client (new employer) does a premium H1 B transfer and initiates PERM process immediately, should I be worried about any delays in H1 B transfer process in premium due to any backlog of cases (due to govt shutdown)?
  2. Based on my current approved I-140, can I assume that I will get a 3 year extension on my H1 B? If yes, will that be valid for 3 years from the current date or from July 2014?
  3. The average time for PERM processing appears to be close to a year now, should CIR or some form of it pass in the interim, will I still be able to file for I-485? Will I need my old employer to give me an offer letter or can the new employer through whom my PERM will still be in process be able to process it? Since its an employment based GC application, do I even need an employer to provide me any documentation to file I-485?
  4. If the answer to the above question is Yes, am I required to join my old employer once the Green Card comes through? I have read somewhere that if 181 days have elapsed since the date I-485 has been filed, a person is not required to join the original petitioner. What would happen if the green card comes through before 181 days have elapsed? Do I have to join my old employer? My job description at the new employer is likely to remain similar to the one filed in PERM application with the old employer although the title will change. The PERM was filed as a Project Lead while the new title is Vice President.
  5. My work requires me to travel internationally (3 to 4 times a year), can I go to Canada and get my H1 B VISA stamping done immediately after my H1 B transfer is completed or do I need to go to my home country (India) for stamping? Since my current visa is valid until July 2014, I was thinking it would be safer to go to Canada as I will be able to return to US even if something goes wrong during stamping in Canada.

Thank you again for answering my questions.

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EB2 eligibility question.

Hi Rajiv Ji,

Thanks for your service.

I have my EB3 (PD: 2008) with 3yr Bachelors degree + PGDCA + 8 yrs experience. Recently I completed my MBA (48 cr hrs) from Lindenwood University, MO in March 2013. Then joined back my previous employer (H1) and now I want to start my GC process in EB2 category.

I have following questions:

1) Do I eligible for EB2 category, if job has Minimum requirement as Masters (no experience mentioned) ?
2) Can I claim my experience acquired prior to MBA completion?

Documents that might work as alternative to Birth certificates - I'm filing green card for parents

Hello Rajiv ji,

Many thanks for your help.

I am a US Citizen and I want to file forms I-130 and I-485 for parents so that I can start their green card process.
Unfortunately, they both don't have their birth certificates. They both have visited US and have the multi-entry visit visas. They both have Indian passports.

What is an alternative acceptable form that I can provide with my application packet if I don't have their birth certificates?

Mom and dad reside in Mumbai, India, but they are visiting me in US currently.

Mom was born in India
Dad was born in Pakistan.

Greatly appreciate your help.

H1B and EAD transfer information

Dear Sir,

I am working for a company A on H1B and planning to get hired into company B via H1B transfer or EAD. Can my previous employer find out about my new employer in either case ? Is H1B transfer information open to pubic or previous employers and easy to find out where the employee went ? Any other way you can think of that they can find out ? (I do not want my current boss/employer contacting my new employer unnecessarily and bad mouth me just because I did not agree with him on certain issues.)

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Coming Back to Work in US

Hi Rajiv,

Great work you guys are doing for the community. Really appreciate it!

A little background about myself. I have an MS degree from a reputable US university in computer science and I also worked for about 1 year in Silicon Valley. Unfortunately, due to family issues, I had to go back home. It has been 2 years since I left US and I am planning to go back again. What would be the best way of going back?

I have contacted some recruiters and they suggested that my profile is strong but the companies they are dealing with need urgent placements and not willing to wait for so long for H1B to get processed. I have heard that even if I apply right away and got approved by the company, I will NOT be able to work before Oct 2014, is that true? Are companies willing to wait for so long?

The other option I was thinking about is to go back to school to take another MS or PhD in the field and then utilize CPT or OPT to work for a company and file for H1B visa afterwards, do you think that would be a good option?

I hope you understand my current situation and I am seeking your help for the best option to come back.



Registered Users (C)
H1 Amendment while H1 extension pending

Hi Rajiv

My current H1 I-94 expired on 30th Sept 2013 and the H1 exten was filed in June 2013. I am still waiting for my H1 extn to be approved as USCIS is taking around 5-6 months to adjudicate cases. Next month I might be changing my Client & Job location but would continue be employed with my current employer. My employer would be required to do a new LCA and H1 amendment prior to my move to the new Client. I had a few queries

1) Can H1 amendment and LCA changes been filed when the beneficiary has an expired I-94 ? In my case (mentioned above) the original H1 (i-94) has expired while the H1 extension is in “pending” status.
2) If answer to previous question is Yes, can the beneficiary start working at the new Client/Location as soon as LCA is filed & H1 Amendment is filed or is he required to wait for LCA to be approved & H1 Amendment to be approved before he can start working at the new Client/Location
3) Is it advisable to travel outside US when the H1 extn is pending ? Not sure if there any risks associated with USCIS denying the H1 extn on the grounds that the beneficiary has travelled outside US
4) If H1 extension is approved while the beneficiary is outside US and is required to go to consulate for H1 stamping, what are the chances of the H1 stamping getting rejected even though the H1 extn petition is approved.
5) Assuming my H1 extn is approved and i get my new I-94 and my wife subsequently travels to India, can the consular office reject her H4 visa on the grounds that the H1 beneficiary has a I-94 but does not have a H1 visa stamped ?

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Expand my small business in India to US and test the US market - send colleague to USA

Dear Rajiv,

I greatly appreciate your taking the time to answer my query.

I want to expand the current business of investment consultancy based out of north India primarily into the real estate, financial planning and agro sectors to clients in the USA. For this purpose I want to test the US market by sending one of our employees to USA (who has previously lived there on F1 and H1B visas).

  • What are the legal requirements I need to meet to set this up?
  • How do I start this and how much time will the process take?
  • Is there a minimum threshold that I need to invest to set up my small business in USA?
  • What visa options are available for the person to go there and set up the business?
  • Any additional requirements or hurdles that need to be thought of in this regard?

Thank you for your help.


Fukrey (username)


Registered Users (C)
Last name issue in GC

Hello Rajivji,
1. My spouse has received her Green card.When she applied for her I-485,she did not have a last name filled so USCIS issued the receipt notice with First name,No given name.After getting guidance from you(I would say that was the best advise we got since until then we were running around in circles) we changed the name on her Passport to have a last name and along with it
submitted an self affidavit and USCIS issued the EAD and AP with the first name and last name.She got her SSN and Driver's license based on that.Now on the Green card they have again issued as No given name. Will this be considered a USCIS error?
Should a I-90 filed for USCIS error or is there any other option(like calling the USCIS) because I-90 takes a couple of months.

2. My wife is outside the country.She has a AP valid till July 2014. Her Green card(dependent) has been approved. Can she enter USA any time until the validity of the AP or should she come sooner.

3. Iam(primary applicant) now working with the GC sponsoring company A. I had an offer from company B and based on that offer letter filed an AC21 just before the GC Approval with the intention of working for them when the GC was approved.Now my green card has been approved.But due to policy changes in company B (though Iam ready to join them immediately) my start date might be delayed by a couple of months or in the worst case they might not have the job.In this scenario can I continue working for company A? Would it cause problems for me in future. will a letter/correspondence from company B help me get over this issue.
Thank you very much.
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AOS for myself and wife filed sperately

Hi Rajiv,

Firstly thank you for this great community service. I filed for my AOS back in 2007
and became current again with the september 2013 visa bulletin.

My AOS was approved Sep 5th and since I got married only in 2011, I only filed
for my Wife's AOS in September. Her papers reached USCIS one day before my
AOS was approved.

I self-filed her application since my lawyer was charging a huge amount ($2500 +485 filing fees)
I beleive I filled everything out correctly and we double and triple checked the forms.
We received her AP and EAD receipts as well as fingerprinting appointment (which we completed)
promptly. The application is currently in'Acceptance' stage indicating that at this stage USCIS
reviews applications for completeness.

my questions are two fold:

1. there is still a part of me that is afraid about what if there is something wrong in my filing and USCIS
decides to reject the application as incomplete. What happens if this occurs say 5-6 months after we
filed. what are our options then? My wife is currenly on an F1 visa. She was on H4 for about a year.
I beleive following-to-join can only be done upto 6 months after marriage correct?
2. We both need to travel to India for an important family function to India in Dec-Jan. My understanding
is that if the AOS gets approved while we are out of thecountry, she will not be able to re-enter even with
a valid AP, correct? Can I use this as a reason to request USCIS to expedite here case processing via an
ombudsman request as it could potentially cause us immense financial harm? Could there be any
negative repurcussions to this approach? Cn I try reaching out to my senators office to expedte processing?
Should I try this before/after the DHS ombudsman request?

Our applications are also in seperate service centers. Mine was approved from nebraska and hers is pending in
Texas (as we are NJ residents)

Appreciate your help with this. Do let me know of any other suggestions you may have as well.

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Kid's Stay extention "in India" if on Emergency Visa

Hi Rajiv,

I hope this is right forum to discuss this question.

My wife & I (L1B) had US Visa and our Kid born here (US Citizen).

My wife (and kid) had to travel to India due to some family emergency and we got emergency Indian Visa for kid that is valid for 6 month only.

My wife and my visa got expired (we had valid I-94), so for coming back to USA, we need fresh US-visa stamping.

Question 1: If my US L1B visa get denied and we cant come back to US, what do we need to do to make sure our kid can stay legally in India for longer time.

As per Indian embassy website, tourist visa is not extendable and PIO can be applied in India only if you are on long visa (more than 1 year).

Kindly advise.

Question 2: If my L1-B Visa from current employer get denied, how long do I need to wait to apply for H1B stamping ; If I have H1B Petition approved from different employer (as of now I have not worked with new employer who processed my H1B)




Registered Users (C)
Dear Rajiv,
First I would like to thank you for your help in clarifying our doubts.
I am happy to say that my parents are finally getting GC after 2 RFEs related to Birth certificate.

They are in USA for last one year and would like to get few things clarified w.r.t to maintaining GC status

I believe they have 6 months stay in USA rule for maintaining the GC right ? -

1) if they get GC on Nov15th - can they leave immediately ?

2) If they leave on Nov 15th 2013, do they need to come back at least May 15th 2014 (6 months) ?

3) On return on May 15th 2014 to USA , do they need to stay in USA for next 6 months ? (May 15th 2014 to Nov 15th 2014 )

4) In any given year - they need to stay in USA for atleast 6 months(180 days) and is it counted between Jan to Dec ?

5) Is it ok for them to visit USA two times in a year for 3 months duration (like Visit 1 = 3 months , Visit 2 = 3 months)

6) Any piece of advice for first time GC holders, which we might over look

Is H1 visa transferrable across Companies

Hello Mr. Rajeev,

First of all thanks for your community effort. I have a real quick question which has been raised by my brother who is currently in India. The question is:

- If my brother's current company (Company A) files H1 and after the approval he is able to get the H1 visa stamped on his passport, but do not come to US for what ever reason. Can he use same H1 visa to enter the country if some other company(Company B) files for H1 and gets the approval?
- In the above situation when Company B files H1, would that be filed as new H1 or it would be H1 transfer from the Company A to Company B?

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6th year of L-1B/H1-B with PERM filed less than 365 days before visa expiry. Do I have options?

Hello Rajiv:

My 6th year of a combination of L-1B/H-1B visas will expire 04Jan2014 (including the recapture of all the days I have spent outside the US). Employer filed for PERM LC (I think is EB2) on 16April2013 but my application has not yet been processed.

With the govt shutdown causing delays in DOL processing, what options may I have to remain in the US after 04Jan2014 and bridge the gap until PERM/GC process is completed? I understand H1-B extension is not possible since PERM was filed less than 365 days before H-1B expires. I am from Venezuela and also have a valid B1/B2 visitors visa.

Thanks in advance for your response!

Correction on the form

Hi Rajiv,

We have a quick question on the immigration records. This is regarding a typo in the Marriage Date on the different immigration forms. While reviewing the documents we noticed that the Marriage date filled in the I-485 and the other immigration forms like I-485, G325 Biographic etc. has a typo in the YEAR; (month and day is correct). This was due to a typo in the marriage certificate which was submitted along with the forms, it had incorrect YEAR and it was overlooked and filed accordingly at that time and it’s been 5- 6 years now.

Should we get the YEAR corrected and update the marriage certificate with the correct Year in USCIS or it should not be a problem. If, it needs to be corrected before we apply for Citizenship what should be the process? Also, if we need to update the records do we need to do it in USCIS and State Dept both or just USCIS and what other agencies? Kindly advice.

We will be applying for Citizenship soon and planning to put the correct Marriage YEAR in the form, can this cause any problem?

Thanks in advance
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L1 to H1 COS

Dear Rajiv,

I have L1 with company A and I also have H1 petition approved with another company B. If i apply for COS from L1 to h1, do I need to apply for new H1 or I can use the existing H1 if i am planning to with company B? Any idea how much the cost will be in this case of conversion? And my company A is having notice period of 3 months in india. I travelled to US with company A on L1, Do I need to sever 3 months notice periond in US too? As soon as my status changes to H1, I cant work legally with company A on L1. Will my company A can stop giving me experience letter, since I didnt serve my notice period of 3 months in US?

Please let me know on the same.
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N 400 Citizenship

Hello Rajiv,

Thanks for all your help and support to the community.

My questions are related to Naturalization process.

1) After submitting N400 application, if the applicant travels overseas for 1-2 months will it hinder the naturalization process; say if I am in between the FP/Interview. Will it have any impact during the entire process until I take the Oath?

2) As we know, N400 – has a 90 days STATE residency requirement before applying.
If the person meets the requirement and submits the application and later moves to a different USCIS District State. Does that voids the 90 days requirement and the time restarts from day 1 and can cause the delay?

3) If, there any traffic violation like not following the Sign, Speeding, Parking but no arrest or DUI. Do we still need to disclose this information in the form?

4) If name change is required with N-400, how much delay it can cause for Naturalization process.

Thanks for answering my questions


Registered Users (C)
GC Process continuation if not in US

Hi Rajiv ji,
Greatly appreciate your taking these calls and helping please.

Current situation:-

I have been US over 6 yrs in US on H1 and my current H1- extension is based on my approved I-140 petition.
My H1-Extn is approved until Feb 2016. I work on EVC model ( Employer-Vendor-Client )

I am waiting for the priotity date to be current and my PD is 14-Jan-2011

I got approved Permanent Residency in Australia( which entitles you to stay for 5 yrs at a stretch ). If I do not stay there for certain amount of duration in those 5 yrs, I could lose the Permanent residency of AUS which I got approved after lot of hard work.Moreover wife is on H4 here and cannot work whereas in AUS she can work

Few quick questions:-

--If I go to AUS now or early next year in 2014, would that impact my gren card process even if I am not in the country i.e USA?

--If the dates become current in the meantime and I am still out of country in AUS, can I file my 485/EAD. If yes from where:- AUS, INDIA or need to come back to USA to file..

-- If I am in AUS, when the dates become current, would I able to file for 485/EAD even without salary slips as I won't be having USA job salary slips then.

-- Can my H1-B employer with whom I am currently working as a consultant at client location thru another vendor, continue with my GC process by not revoking I-140 or by rules he has to revoke it. Basically I prefer to be in USA but do not want to lose AUS residency as well as we are not all certain about US GreenCard

-- Is there any potential of any good news for us( I mean H1-B people ), after Immigration reforms with date movements and also where H4 spouses cannot work currently.

-- I know, its guess question but felt like asking:- as to any insight when the Immigration reforms might happen.


Sameer G


Registered Users (C)
I am on H1status year 11 no stamp since 2002. Have changed employers 3 Times. Current H1 FROM employer approved for 3 years with another concurrent H1b fRom another employer for whom I do part time work. If I leave the country for stamping do I have to show and submit all h1?? Risk in stamping is always there isn't it? ?
2. I have a approvd I140 from employer 1 for whom i Don't work. Changed to employer 2 and then to 3 who filed for new labor. . Now i am getting a better oppurtunity with emp 4.. Can they file another labor while one labor pending. ..... how long is it taking for perm these days? ?

Is it safe to travel to put errico??? In my case for a vacation? ? Can I go to Candaforstamping

Hello team,

I have a question on the eligibility of EB2 classification for Indian Chartered Accountants with 3 years degree.

EDGE AACRAO, considered by USCIS' as "gospel truth" confirms that ICAI associate membership upon passing the ICAI final examination represents attainment of a level of education comparable to a bachelor's degree in
the United States. If the job description is eligible for an EB2 position (minimum requirement as BS degree with 8 plus years of post qualification work experience in Finance/Accounting field),is it possible to secure EB2 classification with a 3 years bachelors degree followed by 3 years education resulting in CA certification followed by 12 years post CA qualification work experience in Finance/accounting functions?

Also please advise if USCIS' "single source" interpretation of "foreign degree equivalent" is same for both EB2 & EB3 Professionals classifications.

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