RECORDING available for Sept 2 Conference Call

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Staff member
Recording available for download for the Sept 2 call,

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL Date: Sept 16, 2010

Conference Access Number: 402-237-5412
Conference Passcode: 552855

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 monica1; 5th August 2010 at 10:50 PM.
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Registered Users (C)
F-4 Category ; Beneficiary Died

Dear Sir,

My uncle (us citizen) had filed petition for my father in 2001 (F-4 CATEGORY). My Father passed away in 2002. Recently, my uncle received choice of agent and Affidavit of Support fee bill for this petition from NVC.

My que: Since my father (BENEFICIARY) is not alive and this case is no longer valid for processing. But my mother lives all by herself and she also suffers from some health problems. US embassy has rejected her visitor visa 4 times. Can we be able to take a help of lawyer and get this IMMIGRANT PETITION case moving, so my mother can get immigrant visa and join us in USA.

Please advise.
Thank you. :)
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Kharge A

New Member
Regarding F-1 stamping after COS in US

Dear Sir,
I came to US to do my MS in 2006. After completion of my degree and working on OPT for a year, I had to change to H4 in 2009. I applied for a change of status from H4 to F-1 last month to start my PhD in Fall 2010 and was approved by USCIS. My husband is currently in the US on H1B. I am thinking of travelling to India to get my visa stamped. Worried about the visa interview. I have full scholarship and stipend from the university for my PhD. Do you think such cases are more prone to rejection by the visa officers since I am changing from a dual intent visa(H) to non immigrant visa (F)? Would you recommend travelling at this time? If you do, then what type of documents you think I should carry to the consulate in order to prove my non immigrant intent?

Kharge A.


Registered Users (C)
Question about withdrawn I-140

II have applied for my I-140 and later withdrawn there was no RFE nor it rejected. The reason for withdrawal was to apply H1B 7th year extension as my attorney wasn't sure if my case would be approved in EB-2 because I have 3 yrs + 1.5 years of degree from osmania university, India. My PD date for the labor is June 2006.

My question is can I reopen/reapply my withdrawn I-140 now as there was no RFE or it was rejected? Does 180 day rule still applies for this case to re-apply I-140?

Thank you


Registered Users (C)
H4 and I-94 expiration

Hi Rajiv, Thank you for this service. My wife is on H4, her I-94 expires next month and my company is saying we just to file for H4 extension before I-94 expires and it is not required to have approved petition (valid I-94) in hand before her I-94 expires, is that true? In port-of-entry the immigration officer said “your wife will be out-of-status once I-94 expires”. I don't think I will get the approval in 30 day time so should I file for Premium processing (or) ask my wife to go back home next month (or) can she stay here legally without valid I-94?


New Member
Received 1099 Misc - I485 is on Process - Need to add spouse in I485 application

Dear Sir,

I'm on H1b Visa. I have received my EAD on Jun 2009, but still continuing on H1b. My PD is Oct 2006, I have got married after filling my 485, so I would need add my wife once my PD becomes current.

My problem is, On Jan 2010 I received 1099 Misc (Non Employment Compensation) form for 2009 tax returns from Google for couple of blogs which I have created on Nov 2008 and enabled google adsense account On Jan 2009.

1. While adding dependents, do i need to send my recent tax related documents (W2 and 1099 Misc) ? Will USCIS come to know about 1099 ?

2. Will 245(k) (going out and coming in with new I94) help me ?

3. Will my EAD protect me from this issue ?

Please kindly suggest me what should i do ?

Thanks for your Service!
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New Member
I am a US citizen and petitioned for my brother who is in the US on a student visa. USCIS recently approved the petition but now NVC and USCIS is saying that I have to wait for a visa number to become available in order to file for adjustment of status. Is there any other avenue I can take considering my brother is already in the US?

Thanks in Advance.


New Member
Hi Rajiv, Thanks for holding this conference, its very helpful!

My question is - Is it possible for a company in a related field (related to my experience) to file my GC though they don't hold my H1B. I am working on an H1B from a different company.


Registered Users (C)
Dependant's I-485 not re-opened.

Hi Rajiv Ji, Thanks for all your valuable immigration advices, which are very helpful. During changing employer I took your consultation also and thanks for your suggestion. Here is my situation. Please advise me.

Questions: 1.If I re-submit with new fee, do they re-open & attach my dependant’s cases (wife, son 16 & daughter 13) to my case ?
2.Is there any other way to re-open/ attach my dependant’s cases to my case?
3.Based on the present status of my case/history, Can I invoke AC21 and join other employer? (Iam still on H1B).

History: Employer A – I was with him upto Aug 2008. He filed my labor Dec 2006, and then applied I-140 in June 2007, Applied I-485 in Aug/Sep 2007. Received RFE on I-140 in Dec 2007 on 3yr degree, which is responded but I-140 denied on Apr 2008, Did MTR which is denied again on Feb 2009, then per instructions in denied letter, Did MTR (appeal) on this I-140 on Feb 2009 denied on June 29 2009.

Employer B – Because of above issue, I started separate GC process with this company. This company applied labor (GC) in Apr, 2008 and approved on June 2008. Then I transferred my H1 to this company. Applied I-140 and approved in Jan 2009. Once I got approved this I-140 with same service center. On June 30 2009, I received a letter saying that, they re-opened my I-485 case and Now I-485 case is showing pending online status and even they approved my EAD and AP recently. But my dependants cases are still showing denied status.

ISSUE: I called USCIS several times, they advised me to wait. But recently I called them again to check, they raised a service ticket and got mail saying that, they don’t find any evidence of my dependant’s files and advised me to send all previously filed documents. Which I did. But now I received this receipt notice saying rejection. Few days ago, I called again to know about this rejection, IO told me to resubmit new form with correct amount of fee, and old fee paid in 2007 is gone.
(I don’t have attorney for my case. Please tell how much fee, it’s going to be, to consult with you on this matter for further information).


New Member

I am a US citizen and planning to sponsor my sister for GC. She is currently in USA with a valid visa. As a result of date of birth records adjustments done for me by my parents at that time, our date of births are within 1 month difference. (ex: 08/01/1975 is mine and 08/15/1975 my sister's). Can i still sponsor my sister with this issue? If not, what is the best way to resolve this issue?

Just an FYI, my sister's Date of Birth is already in the USCIS system while applying for social security, state identification card, green card processing(through spouse but still pending) etc.

Thanks for reading the thread and your advice/response is sincerely appreciated.



New Member
Pending I-130/I-485/I-131/I-765 question

Hello Mr. Khanna

This is a follow up question pertaining to my situation which I had described to you before and your advice proved invaluable. You will find a copy of my original post below. Since you answered my queries to the point before, I would like to re-engage you for your advice.

Since the post below, my girlfriend and I have gotten married and submitted an I-130; I-485; I-131; and I-765 all simultaneously.

We have received electronic notification just recently and the status isn't available online just yet. However, my questions are related to her status during the application process:

#1. When I look up on the USCIS website, the typical processing time for the I-131 and I-765 is 3 months; while for the I-485 it is about 5 months. During the two months between the I-131/I-765 approval and the I-485 approval, what is her legal status in the country? Can she travel in/out of the country freely on the I-131? Is her status as a pending I-485 sufficient grounds to provide entry into the country?

#2. When is the earliest she can quit her job (and in the process, relinquish her L-1A visa status)? I know that she can't work until the I-765 is approved, but can she quit her job and start preparing for future job interviews etc. and still be legally present in the country?

As always, thanks for providing this service and your help is greatly appreciated


Hello Mr. Khanna,

I am a U.S. Citizen and my girlfriend is Canadian, and is working here in the U.S. for a Canadian subsidiary under an L1-A. She has been at this status for a little over 2 years.

We have been planning to get married for a while now, but it's always been one thing or the other that comes along - money issues, job loss, etc. that has made us postpone it. However, the management at her job has changed and is giving her a hard time (and wants to pull her back to Canada) and so, she wants to quit her job and stay in the U.S., and so we have decided to get married.

I have browsed around the internet about doing an Adjustment of Status after we get married using an I-485 and that is my plan of action, coupled with a simultaneous file of the I-765. However in my research I came across a few questions that I was not able to answer:

1. The L-1 is a non-immigrant visa. However, the girlfriend and I knew each other before she entered the US and we began dating seriously right after. Will this count against us as USCIS may have a case to state that her intent of coming to the U.S. was not that of a non-immigrant when she entered the country?

2. In your opinion, do you think I need a lawyer? Or is this situation commonplace enough not to warrant the services of a lawyer?

3. What would her “Application Type” be in Part 2 of The I-485.? Do I just put in wife of U.S. Citizen?

Thanks for your assistance and advice



Registered Users (C)
Here's a quick summary of my complicated situation first:

I am a DV2011 selectee currently on an F-1 visa here in the U.S. My case number is 2011AS000010**. I will hopefully graduate in December 2010. Now the complication arises from the fact that I plan to get married to my girlfriend who is back in Iran. My initial plans were to return to Iran in January, get married, and then take the CP route and have my interview in May or so (due to complicated reasons, I cannot have my interview earlier than that). The reason is that I do not want to get my green card first, and then have to wait an unknown amount of time to be re-united with my future wife.

My questions:

1) Is there a risk of DV visas running out in May?

2) Is it even possible to postpone my interview for that long?

3) Any general advice or guidance in this regard would be greatly appreciated.

Thank you very much.
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New Member
I-140 Premium Processing

Hello Mr. Rajiv ji,
Namaste. Thanks for doing this community service. I have a question on I-140 Premium Processing. Kindly see below. I want to thank you in advance for your advice.

My BackGround:-

I worked for Company A, who filed my PERM in Nov. 2009. I got laid off from Company A and joined Company B in Dec. 2009. 6 years of my H1-B visa will be completed on Sept 30, 2010. I obtained one year extension on H1-B Visa until Sept 30, 2011 based on previous company's (Company A) PERM approval (7 years of H1-B Visa will be completed on Sept 30, 2011). My current Company B filed my PERM in the 6th year of H1-B visa (filed in May 2010). PERM with Company B was approved in July 2010. Company B is planning to apply for I-140.

1) Kindly advice me if I am eligible to process my I-140 in premium processing.

2) Kindly advice me if it is legal to file I-140 in premium processing because my H1-B will expire in Sept 2011 even though my 6 years of H1-B visa will be completed in Sept 2010.

I want to thank you for all your help and advice in this matter.

Thanking you,
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Registered Users (C)
I am from Bangladesh , My wife win DV 2011 Our is a love marriage we dont have marriage photo ,we got marriage in 2002 ,we have one son ,if any chance to visa refusal for this reason,my another our cn is.2011AS00016xxx when we will get 2nd letter.


New Member

Hello Sir,
I came to the US on H4 in May-2004. I got my EAD in Dec-2007 and started working. Our I-140 and I-485 got denied (husband employer sponsored) in Sept-2008 and our lawyers have appealed and we are still awaiting for the outcome of the appeal. I have been able to work on the EAD till date, but my EAD is expiring next month and my employers is willing to sponsor my H1B. My husband's employer have filed for a new green card.
My questions are;
1. What will happen to the appeal and green card processing if my employer files my H1B. Will I still be able to get the green card even if I have changed my status from H4 to H1B?
2. Will I have to leave US and return once I get my H1B?
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Registered Users (C)
Reg I-485 RFE/NOID for not having a LCA for Working at a location other than Employer City

Good Afternoon Rajivji,
This is a followup to an earlier question cople of months ago on the same topic.
It seems there has been a few cases,where if the LCA does not reflect the client
place where the employee was working and the Employer Location being different,
USCIS had issued RFE/NOID for I-485 based on the information in the G-325A form.
You had mentioned that you had a couple of cases similar to above situation.
Did you get a favourable response from USCIS for those cases.
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New Member
Hi Rajiv..

Very first.. thanks to this great service.. Here is my situation..

1) Iam working for a consulting company which holds my labor, 140 and 485 ( filed in 2007 ). Recently this company has been audited by DOL to check if it was following LCA rules and other stuff. Naturally there is a good chance that some percentage of voilations might have occured with the company. So can you suggest is it better for me to stay with this company or to transfer to a new company so that my GC is not affected. What actions DOL might take on the company for any violations and how does it effect employees GC process in that company.

2) If you want to transfer to the new company after more than 180 days of 485 pending - Is using EAD a mandatory or can we do H1B transfer and use AC21 for transferring the GC to the new employer.

3) While EAD renewal is pending ( But fingerprinting done ) - Can we travel outside the country and return on AP though EAD is not approved.

Thanks and appreciate your great help...


Registered Users (C)
Hi Rajiv,

I am from the caribbean and was denied AOS under lulac in 2005, not being qualified for the benefit.(no evidence of parent's front-desking, I was an child at the time and my mother has since passed.) Im now a derivative benificiary of my husbands approved I130 (now filing I485 under 245i. will my previous denial have any bearing on my AOS application?
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New Member
Hello Rajiv,

A sincere question. I was accepted as a refugee to the USA. I went there on 14 April 2010 but stayed there until 22 July 2010. I had to go back to my country due to family urgent issue without getting travel document in USA. Now i want to go back and dunno how can i get back to the USA. Please your kind advice in this regard.
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