Recording for Feb 6 Conference Call

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Staff member
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: Feb 6, 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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Registered Users (C)
Left the U.S. while on Withholding of removal status in November 2008 but I want to come visit now

Hello Sir,

I apologize for posting again but I want your advice before I apply for the US Visa.
I've listenned to your answer but I forgot to mention to you that I plan on applying at the US consulate of my homeland (country which I was seeking protection from with my asylum case but I got the Withholding of Removal status instead).
I figure that since I'm no longer in the USA for over 5 years now, plus the fact that I have been naturalized French, and the fact that I permanently live in my homeland since 2011 and I also co-own a business there since 2012, my ex Withholding of Removal Status shouldn't matter no more while applying for a the B1/B2 visa.
What are your thoughts on that?
Should I still apply for a visa there or not?
I have already received the Invitation letter from the Medical Expo
Thanks for your assistance regarding this matter.
Best regards
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New Member
immigration proceedings terminated without prejudice

Hi, after i had employment authorization for 2 years, my I-485 was denied because i worked out of my religious visa in 2004. Then, i was sent to IJ to be deported. The judge decided to terminate the deportation without prejudice. Now, i am married to a US citizen and i want to know if i am eligible to adjust status to LPR. Filling I-130 and -131 hve been a nightmare. Anyone could help me on how i can fill these forms? Since i am in the USA for 13 years do i really need reentry permit(application for travel document)?
Will conviction affects my citizenship application?


Last year in November I was little troubled after one of my colleague committed suicide. I went to departmental store after funeral and I happened to walk out without paying for couple of items valued less than $200. I was taken to the police station where they took my finger prints and pictures. Since this was my first offense, I do not have to do any jail time. They gave me a ticket with the date to appear in the court. I have never been in trouble with any law enforcement. I did not know what to do. So I called the court after few days and the lady told me to get the lawyer. I have a lawyer working on my case. My court date is next month.

I was thinking to apply for citizenship this year. But because of this incident, I am not sure if I should apply for citizenship at this time. My lawyer told me that since this is my first offense, he can request to amend it to littering. He asked me to talk to immigration lawyer if amending to littering will still affect my citizenship application.

I am a permanent resident since 2005.

Thank you.

P.S.: I am not sure if I am posting this in correct thread. I apologize for that. I couldn't find the way to start new thread or a place to post my question.
H4 to h1 to h4 to h1


I came to US in H4visa on may 2006. April 2007 I applied for H1( 2008 quota) and got approved. I did not work and due to personal reasons changed my status to H4 in 2008. Since then I am on H4 . Now that I want to work what are my options?. ? Do I have apply new H1, Go through the Quota process and wait till October or can I apply for it and start working after I get the receipt number.. Please guide me
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H4 to H1B and H1B to h4?


I am on H4 right now and looking for an employer who can file H1B for me this year so that I can work.

1. Suppose an employer 'A' files H1B for me in April 2014 and suppose my h1B gets approved, then what would be my status after H1B approval? I will be on H4 or H1B?

2. If I will be on H4 after H1B approval , then when my H1B will be started actually? Is it oct 1 2014?

3. Suppose by any circumstances or personal reasons, If I won't be able to start work on H1B from October 2014...then what would happen? What would be my status? I would be on H4 or H1B from october 2014?

4. Can I come back to H4 again immediately in October 2014?
If yes, How long it will take to come back on H4 from H1B?
OR Do I need to work on H1B for some time in order to come back on H4?

5. Does USCIS have any issues with these visa changes?
Are there any restrictions or risk involved in these visa changes?

6. Can I back on H1B later some time in future without waiting for April quota?

Thanks for reading such a long question and I will really appreciate your true response on this.


I came to US in H4visa on may 2006. April 2007 I applied for H1( 2008 quota) and got approved. I did not work and due to personal reasons changed my status to H4 in 2009. Since then I am on H4 . Now that I want to work what are my options?. ? Do I have apply new H1, Go through the Quota process and wait till October or can I apply for it and start working after I get the receipt number.. Please guide me


Can you please tell me that after your H1B got approved in 2007, you did not started work from October 2007. Am I right?

If yes, Is this due to your personal reasons?

Didn't you change your status to H4 immediately in october 2007 as you didn't started working?

H1B Issue


I am on H4 currently and looking for H1B this year.

Suppose i got my H1B approved, what if I do not start work from October 1st of that year?

What will be my status?

For how long I can stay on H1B , if not working? If I have to change my status back to H4, then within what time frame I should file COS from h1B to H4 again?

Does anybody has idea of how much is the fees for filing H1B these years? Anybody's personal experience?

Are there any risk from changing visa status so frequently?

Filling Form N-470

I am in the process on taking up a job in India for an american company subsidiary (have been working with the same company in US). Have had green card since 2009 however was in India from 2010 to oct 2012 and have been physically present in US for more than a year now.

Questions :
What are the requirements for filling form N-470 ?
What all would I need from my employer to file form N-470 ?

Please advice

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Citizenship Application Process

Hello Rajiv,

This is a great service to the community; thank you.

My question concerns the U.S. Citizenship application (N-400) process. Here is a brief background.

1. My Green Card was started in 2002 by Employer A, with the 485 filing made in 2004. I worked in an IT-related role.
2. I started pursuing my MBA in 2004 concurrently while working for Employer A.
3. By Jan 2007 I switched to Employer B in a non-IT related role (completely different from my role at Employer A).
4. By Feb 2008 I switched to Employer C, this time in an IT-related role (very similar to my role at Employer A).
5. Green Card was approved in Oct 2009. No AC-21 was ever filed.

As I plan to file my N-400 application this year, should I be concerned about the above situation, given that I switched employers twice (once in a non-IT field) and also pursued my MBA, before my green card approval? If so, would sending in my N-400 application put my existing green card at risk and so should I simply NOT file N-400 at all?

Thank you!
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I-864/Affidavit of Support

I've signed an affidavit of support for my son and 3kids and they arrived here on may 2013. Somewhere along the line their is a falling of in the family. He's been disrespectful
towards my husband and me and don't want to work. He was so protective of his children and he don't want to sign any paperwork when it comes to dealing with the children. This caused stress on our part as the sponsor and had to submit ourselves to the hospital. Comes december, we called him and was so irate that he said he will leave with the kids. He's been advised that he need not to leave the house and wait for us to decide what he really wanted to his life. We came back, and they're all gone, no letter, nor note where they are.

My question is, he left the house with his own decision, even told us that he need not receive anything from us, and he will have the kids taken cared of by an old lady. He don't trust us at all, well in fact, since they were in the philippines, we are the one supporting them. We are always surprised when he calls that he needs money for the hospital, or needs money to buys food for the grandkids. But when he arrived here, we got no right at all to his kids. He is already overaged and he wanted that he be added as our dependent. For 8 months he live free on our house, complete with thier foods, groceries, clothes, and shoes. Actually, he don't let the kids wear these clothes. When he saw that they are wearing them, he removed it at once. Can we revoked that affidavit of support we signed since he left his residency on his own free will?

Appreciate your advise.
Travel to US while waiting for I-130 and I-129F


I am a US citizen. I got married girl from India. I filed I-130 in october 15th 2013. After receiving I-797 from USCIS, I filed I-129F for K-3 visa on november 6, 2013. Both application are in pending status right now.

My wife already have valid B2 visitor visa till 2018 even before got married to me. The visa stamp is on her maiden name passport and now she have new passport with name change (my name). Though our last name is same. Just a middle name has been changed.

Now, I am planning to have her visit me for 2-3 months while we are waiting for I-130 and/or I-129F. We are not looking for status change here. She will go back to India and finish all the I-130 and/or I-129F process from India only.

Hope that clears background. My questions are,
1. Can she travel on her visitor visa?
2. If yes, will that be any problem to have visa stamp on her maiden name passport.
Changing employer 3 months after getting employment based green card

Rajiv Ji,

I have been working in a University for the last 9 months. Two months ago I got my GC through EB 1 b. I have some questions in connection with accepting a position in a company (Both the jobs relate to my field of expertise).

1. Whether my leaving the present employer amounts to committing FRAUD.

2. If my present employer is not happy with my decision, can he inform USCIS and request for revoking my GC ?

3. Are there any cases in which the GC was revoked in this type of situation in the past?

Thank you
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FNU problem

Hi Rajiv,

I tried finding if there is any existing thread related to this but was unsuccessful. Plus there are so many threads here, I just got overwhelmed. It will be great if you can answer my query.

My name is Given name: Pooja Surname: Jindal. However, in my Indian Passport, my first name is POOJA JINDAL and the Surname is Blank.

So, in the US visa (L2) my name bacame FNU Pooja Jindal. Now, below is how my name appears in my different documents:

1) Passport
First Name : POOJA JINDAL Surname : BLANK

2) US Visa
First Name : FNU Surname: POOJA JINDAL

3) SSN
First Name: POOJA Surname: JINDAL

4) Driver's License
First Name: NONE Surname : POOJA JINDAL

5) EAD Card
First Name: FNU Surname: POOJA JINDAL

6) I94
First Name: FNU Surname: POOJA JINDAL

Now, I will have my employer file H1B petition filed for me. Would there be a problem if I submit my petition as FNU POOJA JINDAL? My name is correct in the SSN. So there is a difference between how the name appears in the SSN and the visa.

I am not sure whats the best way to avoid any problems in the H1B Visa processing. I am ok with being FNU POOJA JINDAL or changing the name in the passport. But right now my concentration is to avoid any possible problems with my h1 processing.

Can you please help?

mr. Rajiv

I have a few question regarding n-400. I have been on GC since 6 1/2 years.
My time line is as follows:

2002-2006 worked with employer A
2006: left employer A joined employer B (for temporary project only)
2006: employer A filed i-140
2007: filed i-485, went back to Employer A and got gc (90 days aos). Got laidoff from A after almost 5 months after approval.
2007-2014 worked with other employers on same capacity.
2014: currently unemployed, filed for n-400

Is there issues because i joined employer B before gc albeit temporarily? Do I need docs from sponsor? I have w2 for all years. And paystubs. gc was approved without interview (eb3 245i).

I sent 3 years taxes with n-400. I plan to take all paperwork from 2007 until present. Sponsor is out of business now, so might not be able to provide docs as easy as with the greencard process.

Thanks in advance for your consideration.

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Possible Job Loss while Pending H1B transfer Pending - Transfer H1B/Convert to H4

Mr Rajiv,

I have below question on my Out of Status/Conversion to H4/Transfer H1B to New employer :

Sequence of Event:

1. Entered US on L2 Visa as dependant on my spouse who was in L1 Visa with I-94 valid till 2nd Nov 2014
2. Got EAD under L2 Visa.
3. Got a job and my employer has filed for a new H1B and got approved.
4. After 1.5 yrs, as my contract was getting over, I found a new employer who has initiated H1B transfer as per hour contract rate and I joined with H1B transfer receipt.
5. I started with The project as contractor to a client under my new employer while my H1B Transfer Petition pending. My Old employer has revoked my previous approved H1B.
5a. This project has ended now due to Budget issue at client location and I am back to kind of bench with my new employer from Last week while H1B transfer still in Pending state with USCIS.
6. My new employer has processed my payroll till last week.
7. New employer is looking out for a new contract project for me now and informed me verbally that if I don't get any new project in next 10 days,
they will initiate my termination of Job as well as send a request to USCIS to stop my H1B
8. In the mean time My spouse got a new job and got his H1B in Aug 2013 and he switched to new job. He is having an approved petition of H1B valid till 22 sep 2014.


1. If my current employer don't get a project for me and terminate on 3rd week Feb(not sure if he will be running the payroll from now till my termination),
will I be considered as Out of Status now while my H1B transfer petition is still in Initial review State with USCIS?
2. Can I put COS to H4 under my spouse H1B upon my termination from new employer or I need to do that right now?

2a. is it mandatory to have a payslip till the Date I file my I-539 for COS as my current employer may not issue a payslip
from now till he terminates me in next 15 days subject to if he don't find a new project for me?
3. I know H4 petition approval for COS will take 3-4 months and I can't do any job till my H1 gets re-activated after approval of H4. so net net for next 6 months
at least I can't take a new this correct?
4. My spouse is on H1B approved petition, Can I go to India alone upon my termination from my current employer and get H4 Visa Stamped and comeback to US?
This way I don't need to wait for 3-4 months H4 approval process by COS and upon arrival to US, I can look out for new jobs and an employer can do a Premium
H1B if I found one and can get to Job at an earliest. IS this a possible option?
5. As per CBP website, my current I-94 validity shows 2nd Nov 2014 under L2 Visa. SO does this means I am valid status till this date?
6. When Will and what time I become Out of Status in current situation?
7. When I am on Pending H1B transfer decision, Which I-94 considered? The CBP website or the I-94 with my revoked H1B from previous employer?
8. Can I find a new employer who can transfer my H1B while current employer's H1B transfer is in pending decision with USCIS and previous approved H1B is revoked by my old employer?

My Intent is to secure My future H1B status and not become Out of Status state....Please advice what are the option I do have


Registered Users (C)
Question about DS-160 FORM.

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or
otherwise violated the terms of a U.S. visa?

I am planning to go for H1 Stamping soon. Currently on H1, Valid until 2015.

I need clarification regarding FORM DS-160 question as mentioned above.
When I was in F1 status, I had reinstatement done as due to some issue I was out of status. I applied for reinstatement with DSO's recommendation and later the reinstatement was approved by USCIS.

My Ques.
Should I mentioned "YES" Or "NO" for the above DS-160 question?

Sample birth certificate and affidavit

Just wondering whether you have sample birth certificate and affidavits that I could use
Thank you
Regarding F4 Category Visa


My uncle applied for my mother under f4 category in Sept 2002 ,that time my age was 16 years old and now i am 28 years old , am i still eligible to go with my mother? (because of visa delay i am over 21 years old now).
Recently i noticed when my uncle applied for her sister (my mother) ,he put my date of birth wrong instead of 30-10-1985 he put by mistakenly 30-10-1989.When the US embassy call us for visa ,can i amend my DOB ?? would it affect my application?? ( i can show as a prove my passport, my academic certificates or birth certificate to US embassy )
also i am not sure that my uncle has submitted form I-130 for me though my mother has case number that US embassy has received my uncle application.So could you please let me know does he need to submit I-130 form for me or its too late now?? and what would be the next step from his side??
Looking forward to hear from you
Many Thanks
H1B Renewal Stamping


Please provide your suggestion on following query:

Current Situation:
My H1B Renewal petition was approved(not withdrawn yet) under Company A(brother's company) in 2013. Company B filed for H1B in Sept 2013(still under process). I shifted on Company B payroll. Company B terminated me on January 15, 2014. I am getting severance pay until Feb 15, 2014 and not going to Company B's office. I have re-joined Company A's office from January 16, 2014. My VISA Stamping is expired in Sept 2012 and I want to travel to India by around Feb 20, 2014. I need to get VISA stamped while coming back.

Can I draw salary starting January 16, 2014? Please note I am getting severance pay until Feb 15, 2014 from ex-company.
Should I explain the whole situation to consulate during interview, if asked?
Would it not raise a red flag to consulate when he see my pay stub from Company A starting immediately from next day of my termination from Company B?
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