Recording now available for download for March 5 Conference Call

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Staff member
Recording is now available, for the March 5 Conference Call.
Rajiv will host a conference call for all of every other thursday. The focus of the call will be answers to your professional/business immigration related problems. The time and dial-in details are as follows:

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: March 26, 2009

Conference Access Number: 1-785-686-1324
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.
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Registered Users (C)
AOS case pending at Washington office

Hi Rajiv, thank you for all your help.

My AOS case is pending background check at washington office. I opened a service request last week and on saturday I got a response that I should make an infopass appointment to check on my case.
Is this a common response?
They have already interviewed me. IF they want to interview me again shouldn't they send me a new interview notice.
Why ask me to make an infopass appointment.
I have already made the appointment but it is next week.
I am a little worried. Can you shed some light on this matter.


Registered Users (C)
Speeding tickets

My friend got three speeding tickets all of them under $500 in different states since he landed in USA. He recently applied for citizenship and did say "no" to the following question.

"Have you ever been arrested, cited or detained by any law enforcement officer"

It was an honest mistake, He did not know about it.

1. Did he make a mistake not saying yes to above question?
2. If he chooses to change his answer, Can he do it at the interview time?
3. If he chooses to change his answer, does he have to collect all the documentation for interview? It’s hard for him to get the documentation on the tickets which he got in 2003. He can get for one ticket which he got in 2007.
4. He got two (of three) tickets before he got his GC. Since it happened 5 years ago (out side the statutory period), does it matter now?


New Member
change of status application denied

I entered the US in 2006 with an F1 visa. I graduated in 2008 and applied for a change of status to B2 visa before my OPT expired. I received a 'notice of decision' from USCIS on 28th feb stating that my application will be denied. What does 'will be denied' mean. The notice however does not mention any time frame within which I should leave. Is there a definite time by which I should leave. This is just to make sure I do not violate any rules here even though I have already started making arrangements to leave.

Thank you very much
H1-B Extension & General Question about Employer Transfer

Rajiv Sir,
It is so nice of you to answer questions from hundreds of expectant immigrants like me. I do

have some general questions:-

1.) I have my H1-b, Labor, I-140 done by a company ABC. I have recently applied for H1-B Extension by recapturing the vacation time. My H1-B will expire in 3 more months. I want to shift to a different employer now. Can my new employer file for H1-B transfer along with my extension for 1-year based on approved labor from company ABC?

2.) Considering that I got my extension and my H1-B transfered, can I then apply for fresh labor and start staying in USA on 1-year extensions there on once the labor is approved from the new employer. Please consider that I might has completed my 6 years of stay in USA at the time, labor from new employer will be approved.

3.) Can I apply for labor thru another company which does not hold my H1-B. Can I transfer once my labor is approved?

4.) What happens if my I-140 is sent to a local state processing center. Does this signal anything wrong with the application. Because this local processing center does not process any I-140s ( Processing status from the site for this local center shows no I-140s)

5.) Once we file our H1-B extension ( in non-premium way), is there any official documentation which will let us work for 240 days. The I-797 ( reciept notice) does not contain any dates for legal status in USA.

As always,
Thank a lot for your time.
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F1 extension


I am an F1 student doing masters program in public health and my visa expiration date is December 8th, 2009. I am expected to graduate in May, 2010. Here are the following questions: Any help would appreciated greatly!

1) what are the options? a) visa renewal and b) remain without renewal until
2) Can I renew my visa without going out of the country?
3) If I have to go out of the country for renewal, which country do you suggest
4) Or Can I still remain until graduation without informing the immigration dept.
about my visa expiration
5) If i am not allowed to do so (as in question 4), when should I inform the
immigration department about the expiration and
6) What are the other options that you can suggest

All your efforts are greatly appreciated. You understand the problems faced by students especially. Your work mean a LOT TO US, STUDENTS!!!!
voluntary/unpaid on H4 ?

Hi Rajiv,

I am a physical therapist from GA state and on H4 visa. According to GA board requirement, I have to do 3 months traineeship before they issue a license. I am doing a job search for last 2-3 months and every company/hospitals want me to get a license first before they sponsor H1B. And GA board will not give me a license until I complete the training. This is like catch 22.

I found a private clinic who is willing to give me a unpaid/voluntary training for 3 months. Can I do it ? GA board doesn't ask any information about visa before issueing a permit.

1) Can we do a unpaid/voluntary training on H4 visa ?
2) Do we need to have a traineeship permit/temporary license/license to file H1B ? I have heard that you can file with NPTE license score report.
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I appreciate this gesture a lot. My details and concerns are as follows:

1) I am in the USA on H4 valid till Sept 2009. A company sponsored my H1B and it got approved valid from Oct 2008 and I have a new 1-94 as change of status.
2) My employer has not paid me any wages till date and now wishes to change my status back to H4.
3) My concern is can they do so without running a payroll for me at all? How will it affect my stay in the US?
4) Is it prudent for me to go to an immigration attorney and file a complaint to the DOL and then use that to change my status instead? Will the USCIS question this?
4) At a later date can my current employer or any other employer re-apply for my H1B without going through the quota?

F1 visa renewal (missed some points in previous post) sorry!

Hello Rajiv,

I am krishK and I am posting some additional info and a question that would enable you to understand my situation better (continuation of the previous post)

My i20 expiration/expected date of graudation is December 2010
I am graduating in May, 2010
My visa (stamp in the passport) expiration date is December, 2009

1) If I chose to remain in US after the expiration of my visa date (decmber,
2009), Do I have to inform the Immigration Dept. of the same?
2) I am traveling to India this summer (2009). Will the different dates on my
i20 expiration and visa (passport stamp) expiration prohibit me from
reentering into the U.S?
Hi Attorney Rajiv,

Greetings! I got my GC in August last year, but my wife didnt get yet. I have seen all my friends getting their GC for their family members simultaneously. Is it common happening? Here are the details of my case:

I-140 filed: sept 2005
I-140 approved: Oct 21005
I-485 filed: Sept 2005
I-485 approved: Aug 2008
dependent's I-485 filed: Dec 2005

could you please let me know your thoughts in this




Registered Users (C)
Questions about Applying for H1B

I came on F-1 visa in August 2004. Graduated in December 2006.I was on OPT from Dec 2006 to Dec 2007. Applied H1 during April 2007 and due to some reason it got denied so i continued to work on OPT till December 2007. To stay in valid status i took admission into a community college doing an Associates degree and continued working on CPT (Curricular Practical Training)since then. I joined a new company after that and applied H1 again in April 2008 and it did not pick in the lottery. I am still continuing on F-1 status and working on CPT...I am applying H1 again in April 2009, is it possible to apply more than One H1 with different companies ?

My other question is My F-1 visa expires in August 2009, if i get H1 can i go for my H1 stamping to any country like Canada?

If my H1 is not successful, can i go for F-1 stamping to a country close by like Canada? ...Please Advise


Registered Users (C)
B1/B2 to L1 Visa

Dear Sir,

I am President and CEO of Parahard Management Reporting Corporation in India.

It is my Proprietary Concern since 1989.

I am holder of USA B1/B2 Visa since 2004.

I have visited USA in the year 2005 and 2007.

My company is A Consulting Organization working with 20 team consultants in India to develop various Management Reporting Tools and Programs.

My Organization wishes to depute me as a President of a new proposed company which will be a joint venture company in USA to market Finance Management Reporting Tools.

Our Organization's total Professional Fees Receipt is INR 2.00 Millions for F.Y. 2007-2008.

My questions:

1. Whether we, as Organization, are eligible to file L1 A petition for Our President & CEO (Proprietor) with L2 petition for his Spouse?

2. What are the chances of getting our petition approved and renewed after one year?

3. If our proposed partners in new proposed Company in USA are H1B visa holders at present, Whether we can form a joint venture partnership with them?

4. When shall we file our petition for L1A and L2 ? Whether our CEO shall enter USA on B1/B2 and then our organization shall file petition along with CHANGE OF STATUS application or Our Organization shall file petition when our CEO is in India and shall stamp visa at Mumbai consulate and then shall go to USA on L1A and L2?

5.Will it be required for him and his spouse to appear before Mumbai US Consulate for personal interview after the petition is approved?

6. Can Law Office of Mr. Rajiv Khanna provide us services as our Attorney to file petition for L1A and L2 and renew our visa later on and file green card petition for our President and CEO (Proprietor)?

Bharat Gandhi
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Registered Users (C)
multiple I-485s

Hi Rajiv, Thanks for your valuable time

This is regarding multiple I-485s and I talked to you in person in 2008 after my denial of the I-140 application with Employer-A. You have advised me to file the second I-485 application through Employer-B. Also, you have stated that multiple 485 applications should not be an issue.

Employer - A
Labor PD - May 2003 - EB2 (Approved)
I-140 and I-1485 applied in Jul, 2007
I-140 denied (Jan 2008)
Applied for appeal (Feb 2008)

The I-140 in the USICS website shows as "we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER". So far, there is no status change on this I-140 for the past one year.

Employer - B (I am currently working with this employer and is a very big company)

Labor PD - Nov 2005 - EB2 (Approved)
I-140 applied in March 2008 and was approved on July 2008
Applied I-1485 in August 2009 ( I have passed 180 days and am eligible for AC21 incase some thing happens to my employment in future)

Now, I am thinking about withdrawing the pending I-140 appeal and I-1485 application from Employer-A.

Do you think I am thinking the right direction ? Please advise. My company lawyer advises me to withdraw the application based on the below law.

Filing of Second Petition While First Petition is on Appeal
After denial of a petition, it is sometimes possible to file an appeal. This process may take a long time, since an appeal could take about two years for a decision. While the case is on appeal, the petitioner may decide to file a second petition with the USCIS. Due to status issues and other considerations, it may be advisable to file the second petition. However, the USCIS confirmed that the second petition will not be adjudicated until the appeal is resolved. It is sometimes more prudent to withdraw the appeal if the petitioner desires a faster adjudication of the more newly-filed case or petition. A procedural and strategic decision of this type should be discussed with an experienced immigration attorney. It may be possible to file a different case that arguably could be adjudicated even while an appeal is pending.
Hi Rajiv, I have two questions and thanks for the community service

1) when I landed into US, the cbp inspector has put an invalid exipiry date of I-94 in my passport. I live in Jacksonville, FL. I went to airport to find the Border Protection office and there exits no office and the airport autorities have clue about my immigration question. How can I reach the nearest Border Protection office from jacksoville?

2) In my GC labor application the preveling wage was put as 60 K , but the offer GC office letter given to USCIS by my employer says as 100K. Also, the offered wage in the my GC labor application says as 100K. Incase I loose my job and want to invoke ac-21 (140 approved and 485 passed 180 days), should the new employer pay based on the preveling wage (60k) as in labor application or 100 K based on the USCIS offer letter or labor app offered wage?
H1-B transfer/extension denied


I came to US though an Indian IT majour(employer A) in 2007 june on H1-B. I had my Visa and i-94 valid till april-2009. In december 2008, i changed my employer (to employer B) and applied for a visa trnasfer/extension. I started working for a new client after they filed my transfer. I am still in project and my client is willing to extend the contract for another 6 months. But i got an RFE seeking my contractual documents and offer letter , which my new employer(employer B) sent. eventually they have denied my visa. I have my visa valid till 2009 april. I am still working for the clientas My employer said he will start a MTR. please let me know , if i can file H1 transfer with any other employer(employer c). ? Also, if there are any other options ,please do let me know, as I have to go back to India if i cannot get my visa by april 2009.


Registered Users (C)
GC thru USC Wife and H1B with no pay

I am on H1b and i was married to my usc wife last year.I am in the process of applying GC through her.

My questions
My employer hasnt paid me from oct 2008 since my h1b started.
Is there a way i can transfer my h1b without paystubs(or pay)...?
Since i may be offered a full time job soon...?

if i can transfer my h1b to a fulltime employee can i include myself in affidavit of support for GC application..?

I am willing to complain to DOL or sue my employer thru an attorney who can work with me on contingency basis...which option is better for me...?which option gives me protection from employer retaliation like canceling h1b.

I am aware that I-485 thru my wife will keep me in status even if they cancel my h1b,But i would really like to maintain my h1b status till i get my GC.

How can i get my money and maintain my h1b status...?
H1 transfer from software developer to CEO of my LLC

1. Recently, I moved from F1 to H1B on Oct 1st, 2008.
2. I am starting a LLC in Texas with members (family and others) from India. (5 in total)

Currently I work as a software development manager for a large corporation and now want to move to being a CEO of a metals & mining company(mainly export and import).

Q1. Can I transfer my H1b to this LLC and work as a CEO and also own a share in the company? If so, down a certain % share or no share help in the approval of H1B transfer as I can choose not be the investor in the new LLC.

Q2. I am moving from a software development manager to a CEO, will this be an issue in the transfer? as it will be a different occupation

Q3. Should I take the risk of trying an H1B transfer or just go for B1 and help guide the company operations?

Q4. Does my H1B denial affect my B1 for the future?

Thanks, I do appreciate it!
US Green card holder trying to bring spouse to USA

I'm an Indian citizen and a US green card holder which i received in May 2005.
I got married in mid 2007 in India to an Indian Citizen.
My wife applied for H1 visa towards the end of 2007 at US consulate in Chennai which was rejected.
We are now planning to apply for a F1 Visa.
I'll be eligible to apply for US citizenship in May 2010.


1) Can she come on a Visitor/Tourist visa by mentioning about the marriage ?
What are the chances of granting a Visa by the consulate, because the applicant is married to a green card holder?
2) Can she come on a F1/student visa by mentioning about the marriage ?.
What are the chances of granting a Visa by the consulate, because the applicant is married to a green card holder ?
3) What are the consequences of not mentioning about the marriage in the visa application ?
4) If F1 & tourist visa options do not work out, only option I see is to bring her to USA after i get my citizenship.
In such case does USCIS/Consulate look at the information(Marital Status) presented in the previous visa applications ?
5) What are the other options available with approximate wait times ?
H1B DENIED-- What is my Status

Hi Attorney Rajiv, !!! Great Work !!!

1) I Entered US in April 07 through Company A (I-94 stamped till Sept 09)
2) Company A created problems, so transfered to Company B (in June 07) and started working for them
3) when working for Company B, got better offer from Company C (in Nov 08) Applied the transfer to Company C (Didnt start working for company C Looking for Project)
4 )Got laid off in DEC '08 and company A & B have terminated the H1B and Company C transfer got Denied (Reason: End client agreement letter) Which i company is not able to provide.

Note: Never went to stamp the visa for Company B still PP holds the visa of Company A *till Sep 09 & I do not have any more contact with Company A.

What are the options i am having now to cope up with the situation and not spoil the status here in USA.

1) What is my current status, If iam out of status what are the implications and how to overcome those?
2) Can i apply for change the status to any other status like F1 or B1 and continue to stay.
3) Can i file for another transfer/ new H1B with Company D if willing to offer a job while continue staying in US?
4) Company C is willing to pay for the payroll starting from Jan 09 till Feb 09 (till Denial received date) Will this be acceptable as the H1B got denied and it would show that my status for the two months is not as on bench.
5) While applying for another H1B Transfer/ New filing. should i mention about Company C / show its paystubs or should i request Company B to run the paystub for me (which is likely impossible)
6) How can i come back to USA in future legally on H1B and till which year i wouldnt be counted under CAP for new H1B petition.

Thanks, I Appreciate your work
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AOS Pending - H1B Transfer for a different Job

Hi Rajiv,
Thanks for this Service, here is my Situation.

Employer "A" filed my I-485 in July 2007, I-140 was already Approved.
After 6 Months of I-485 Pending "A" was taken over by Employer "B".
"B" assumed all the immigration responsibilites and since
I-485 was pending for 6 Months, they did not apply for I-140 Amendment
and said that i am automatically Eligible for AC21.

I have been on H1B All along, now my Project with "B" is coming to an End.
Another Employer "C" is offering me a a new job they are willing to do a
H1B Transfer for me.
The thing is the NEW JOB which "C" is offering me is in IT field too, but it is slightly different. I am not sure if its similar or not. since Old Job on Labor was
that of a Computer Programmer and new job is Sr. Quality Assurance Analyst, even though the roles are little similar.

I do want to Accept the Offer from "C" and not file AC21.
Can i continue my GC Process with "B" and work for "C" right now.

Please let me know.
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