Recording available for Sept 26 Conference Call

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Staff member
Recording available for Sept 26 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: October 10, 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
I-140 revoked/withdrawn

*** A followup from last week ***Q#8***
Dear Mr. Rajeev,

Can my current Company's lawyer has ability to check if my I-140 (from previous Employer) has been revoked/withdrawn or is it still Active?

If in my credential evaluation from US company, diploma award date has been mentioned rather than actual completion (which is an year of difference), is it advisable to ask evaluation company to correct it?



New Member
Messed up. Please help without judging! On h1B, I140 approved, marrying illegal?

Sir, I need someone to advise me without judgement.

I am a hard worker, on H1B, I140 approved, India chargeability. I happen to fall in love with a girl who is illegal immigrant (illegal part - long unfortunate story) and had overstayed for years and we have high hopes for the upcoming CIR.

She was born in Libya, My question is can I use cross chargeability for I485 after marriage. Or I should completely refrain from it.

What documents needs to be submitted for this process of cross chargeability?
Would it be best best for us to leave the country?
We pay taxes regularly and have no criminal record?
We are just human looking for a good place to live.

Please be kind and advise.

Thank you,


Registered Users (C)
Hi Rajiv,

Thank you for your help to the community.
I posted a question for the last call but somehow it may have been lost due to the the security breach.
I have a H1b valid from dec 2012 - dec 2015. It was applied with LCA location of client(Location A)
In Aug 2013 the contact with client ended and now I am travelling to client B(Location B in different State) for a few days during the week and Working form home on friday.
My home is 5 miles away from Location A. There is no change in the nature of the job, and I am still paying taxes for Location A.

Do I have to take any action in this situation ?
Do I have to file a H1 ammendment since my client has changed ?
Do I have to file for a LCA with my home address as the new location ?


Registered Users (C)
wife filing N-400 with employment based GC of husband

Hello Sir,

firstly..thanks for your valuable time for us..

my situation is

  • Husband filed 485 thru his ex-employer during July-2007 fiasco when priority dates went 'current'
  • Wife recieved Greencard through husband's employment in August-2008 while living in NJ
  • Husband works in the same job category as GC with a different company since July 2007
  • Husband never filed AC21 etc, Recieved GC after 11 months of 485 filing
  • Wife moved to PA in August-2011 due to employment reasons alongwith kids.
  • Wife filed N-400 Sept,2013 based on her GC (older child will be 18 next March)
  • Wife filed online AR-11 for address change to PA for kids as well
  • Husband does not want to file his n400 now - needs to settle his property issues back home etc .

my questions are :

1. Only wife filing N-400 and husband NOT filing N-400 : will this raise any flags ?
2. Husband and wife not living in same state : will this raise any flags ?
3. Will the husbands employment be questioned during the interview ? if asked - any suggestions

(we own a house in NJ, we file joint taxes..but my employment reasons,house price went low in NJ and cant get out of it,kids are growing and better schools here in PA and made my move)

waiting for your advice

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Registered Users (C)
Hi Rajiv,

Filling application on behalf of somebody who's spouse is not alive. Need some urgent help regarding the spouse questions in part 8

8 B. If you are now married, give the following information about your spouse.
Since the spouse is not alive, should this be also filled as N/A. Spouse never came to USA or applied for GC.
8 E If your spouse is not a US Citizen, give the following information
The spouse is not alive. How should this section be filled?

Somebody advised to skip 8}B-E and fill F. Please advise.

Thanks for your help


New Member
Regarding Validity of H1B

Hello Mr Rajiv,

I have three related Questions

1) I was in the US for about 5 year on a H1B Visa . Then I returned to India in 2007 . So I still have one year left on my H1B Visa but now I have been outside the us for nearly 6 years . Is my old H1B still valid or would I have to apply for a fresh H1B.

2) If my old H1B is still valid and I use it to come to the US, Considering that i have stayed outside the US for more than a year can I directly apply for a fresh H1B after the 6 years are up , or would I have stay outside the US for another year after the six years are up.

3) If My old H1B is still valid can I directly apply for a fresh h1 without using up the entire 6 years.

Thanks for your help
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Registered Users (C)
Hello Mr Rajiv,

Thank you for your kind help towards the community!!

I was an F-1 student in Strayer university, VA,USA from 2008-2011. I failed to attend 7 classes. This was around April 2010 and applied for reinstatement. I was asked to submit documents to support my case of reinstatement, and I submitted. In the mean time, I was arrested by the ICE officers in my house on September 2010.

I was out of jail on bond, and was waiting for the court date. I was denied reinstatement by USCIS. I then had court date June 2011, lost the case and I opted for Voluntary departure with a date for 18th November 2011 given by the court judge. I departed USA September 2011. I was wondering:-

1.How do I know at which point was I out of status?
2.How long could have been my overstay?
3.I was waiting for my court date and retrieval of passport. So are these days also counted in the overstay?

At the moment I'm in United Arab emirates, an expat of Bangladesh national. Strayer University allowed me to graduate my last semester online.

It been 2 years since I have been out of USA September 2011.

4.I want to apply for Masters in USA. Do I have any any bar for re-entry?
5.Is this case going to interrupt if I apply for student visa for Canada?

Any waiver forms needed to be filled before applying? I will be returning to Bangladesh after my studies, where my family lives.


Registered Users (C)
Regarding need of amendment before going for Stamping

Dear Rajiv,

Here is the background of my question.

H1 approved for In-house project-OCT 2012
Worked on the same until JUN 2013.
Started project at client site JUN 2013 With New
- LCA filed and approved for this client site project
- Job duties are the same as original petition

Now Planning for stamping..

Asked the employer's lawyer for the need of an amendment before stamping.
He responded...
- No amendment necessary as I have worked in house as per the initial petition.
- And job duties are same in new project at client site.
I am still not convinced on this and need to know if this is correct as what lawyer has mentioned.


1) For above situation do I have to have H1 amended before stamping?
2) If in the above scenario, H1 amendment is required, but not filed yet, and I transfer my H1 to new company and join full time with them will it solve this issue. (In other words, transferring H1, and then go for stamping, will it make my status clear of all this doubts regarding amendments and is it a good idea?)
3) Is amendment also required BEFORE H1 transfer, if I am getting full time position ?
Thanking You
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New Member
Age limit for child to file GC

Hello Rajivji,

I have 2 small inquiries, if you could kindly answer these, that would be really helpful for me and very much appreciated.

1) About age limit for child to file GC.

My case was filed in EB3 and Labor approved on Feb 2006 and I-140 approved after six months. I-485 has been filed for mine, my wife and my son on Sep'2007 and since then I have been working on EAD as I-485 is pending. During our file of I-485 in 2007, my son's age was 8 years old. The way EB3 is moving and unless some immigration reform bill passes, I don't see any chance of approval of my EB3 case in near future. My questions is if my son turns age 21 and by that time (2022), we don't get GC, will my son be out-of-status and he has to file separately for GC? Can he apply for colleges with his EAD, though we applied EAD once in the first year i.e. 2008 and after that we didn't renew as he doesn't need to go for any job. I heard some colleges doesn't accept EAD, is it true?

2) If I file a new EB2 case for future employer, after I-140 gets approve and if my GC priority date is current after porting, is there any time limit to join the future employer? Can I join within 1 year after my GC gets approve after porting?

Thanks and best regards.
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Registered Users (C)
sir, my immigration case(f4) is under administrative processing from last 9 month, is a immigration can help for me, if yes what will be total expenditure.thanx


Registered Users (C)
Hi Rajivji,

My wife is a citizen and I am in H1B. We have applied for my GC concurrently . But my H1 is expiring in few weeks . In this situation can I stay back in US since my 485 is pending ? Should I stop working until my EAD is approved ?

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New Member
Priority Date will change or remain Same


- Currently I am on H1B Visa.
- My Employer/ Consultant has applied for my GC process in EB2 category as '.Net Developer ' (but I am a QA)
- My GC Priority Date is June 2012 and I am waiting for i-140 decision.

Now planning

- After my i-140 approval, planning to get Full Time job as QA Engineer where they are planning to file my GC.

(1) When my new Employer starts my GC process as 'QA Engineer' ,
Will my priority Date of GC will change or remain same(June 2012) ?

Thank you.


Registered Users (C)
Form 1-30 And Green Card


I'm LPR of USA I got married in India and My wife is in India.
I filed my wife's form i 130 on 6 may 2013 and on September 6 2013 the case is moved to local office (New York city) and Now showing on USCIS website they started processing in the local office (New York city)
My questions is

1. How long it takes to get approval from local office ? (Priority dates are current for F2A Category)
2. As soon as I-130 gets approve can I schedule her interview in Delhi ?? (Whats is the next step after approval of form I-130 ,Please advise step by step)
3. How long it take for her visa interview from the first day i filed for her May 6, 2013? ( since priority dates are current)
4. Do I need to be there with her on interview day in India ?

Thanks in advance !!


Registered Users (C)
F2A Category

I am a permanent Green Card holder and I have applied for my Spouse's GC, Priority date OCT-2012. Recently we got RFE and we replied to it and now waiting for approval. My query is, is it okay for me to leave USA after we get the approval and stay with my husband until he gets the GC? My stay in USA has been like 4 weeks per year since last 9 years. Last year i got my GC renewed and currently i am in USA for about 3 months.

Thank you very much.


New Member
Green Card application and visis.


I am a citizen of USA through marriage, and my husband native American has filed for divorce and moved away from our home. I am 61 years of age and want my adult son who is in another country to come live with me, to go to school and get a good job and help me here. If I apply for GC, can he still visit me as he does on his B2 visa? and can I apply to change status on one of his visits?

Thank you



New Member
Company wants to keep me but doesn't sponsor


I am in a very difficult situation that would appreciate any advices from you. I got my (STEM) BA and MS in the US and currently I am working a job that is related to my degrees. I have 4 months left of my OPT and the company wants me permanently. However, due to a company policy they don't sponsor me either H1B or Green Card, however they are willing to provide any paper works/evidence of my employment needed for my filing for a green card. I might get addition 17 month extension so I will have almost 2 years to find a way to file for a green card. I'm not sure how to proceed at this point. I want to ask how involved a company must be when they petition for an employee's green card if I'm willing to pay all the fees to file for my green card? Thanks very much.

Best wishes,


Registered Users (C)
Dear Rajiv,
Thank you for your kind advice (of course assuming no client-attorney relationship) regarding my previous questions posted here in last two conference calls. Sorry to hear about the malicious attack on the site, bad things do happen to good people some times, this being classic case of that.

On to the questions, would love to hear your thoughts on the following:

If the N-400 applicants (married couple) can't attend the biometrics appointment at ASC (Application Support Center), can they go in BEFORE the appointment and tell the staff that they (the couple) can't come in on the scheduled day because of personal reasons (medical appointment, convenience, exam date etc) .

1. Does it mean that background checks will be initiated earlier since the biometrics were done BEFORE the scheduled date?

2. Will it have any negative impact on the processing as in USCIS system might consider this to be a no show on the day of the appointment?

I would think that when the applicants appear for biometrics appointment, the information is sent straight to USCIS system and is "linked" to applicant's profile.

Best regards.


Registered Users (C)
Hello Rajiv,
Thanks for your support .

I filed I 485 for my dependent son when he was 20 years old under EB3 in June 2007 and renewing EAD and AP since that time. But I took the US citizenship in June 2012. I filed I 130 in June 2013 and it has not yer approved. After dates become current in sept 2013,now we received the denied email yesterday. We have not received the letter. Is the dependent can stay legally in US.He independently filed labor which is in the audit since a year .
I will appreciate if you could guide me for other options in this situation.

New Member
from O-1 visa to a green card?

Hello Mr. Khanna,

I have a PhD in Immunology/cancer research-drug discovery from Germany and postdoctoral experience at the same research area from UTSW medical center at Dallas (UT Southwestern has five Nobel Laureates). I work currently as a research scientist with an O-1 visa in a pharmaceutical company on development of therapeutic for breast cancer in MD. My O-1 visa has been approved on June. As you may know publishing in area of basic science is not very fast and we need several years of lab work to publish a paper. I have 4 publications: 1. Impact factor of 10.164, citation 6 as coauthor... 2. Impact factor 2.447, citation 11 as a coauthor...3. Impact factor 3.730, citation 2 as first author... 4. A book chapter, citation of book is 92 as a coauthor. I have also some publications in different conferences, I also reviewed once a paper for one of my research related journals. How difficult/easy would be getting a green card for me? EB1 or NIW? I have all of my O-1 petition documents; can these documents reduce the legal fees of your office in my case? I appreciate your time and look forward to hearing from you.

Thank you!

Best regards
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