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Registered Users (C)
converting a research J1 to clinical J1/H1B

Hi Rajiv,

I am a postdoctoral research fellow who will be doing medical research on a research J1 visa from June 2009. I will be later applying for residency in the United States starting from March 2011.

I wanted to know the following-

1. Can a research J1 be changed to a clinical J1 or an H1B after obtaining a J1 waiver from my home country India (waiving the 2 year no residency requirement?) Or is it that once I obtain a waiver on J1, I cannot apply for a clinical J1 from another sponsor?

2. In order that I am free to change over to another visa (J1/H1B) in December 2010, how early should I start application for the waiver process?

3. Is there a minimum time I need to wait after entering the country before I can apply for the waiver?

3. After I have obtained a waiver, how long can I continue to stay in the United States? Are there any restrictions on leaving the country after I apply for the waiver?

Entering US on H4 or B2, also have approved H1

Hi Rajiv,

Appreciate your help in advance! Here is a brief about my situation.

Both me and my wife are planning to file individual H1s in this Apr-09. My wife is already on a F1 visa and I did not accompany her to the US (as a dependant). My wife already has a full time job offer from a US company and plans to start her job soon after her graduation (could be before Oct-09 also on OPT). I intend to start working in the US but seeing the current economic situation it might be difficult to get a job starting from 01-Oct-09. Still, I want to be with my wife in the US from Oct-1 (or earlier, if possible).

Here are my queries:

- Can I enter US on a B2 visa (I am already holding one) even though I have filed a H1 in Apr-09? Is the situation any better/worse if I enter US on B2 (a) while my H1 application is in process i.e. before approval or stamping (b) my H1 is approved and stamped.
- Can I apply for a H4 visa (with my wife's H1 visa) and also simultaneously apply for my own H1 visa? In case both get approved can I enter US on a H4 visa and later on convert it to H1 (when I find a job)? Does entering US on a H4 affect my H1 visa in any way?

Pardon my lack of knowledge if you found the queries as naive.


Registered Users (C)

I filed my N-400 last January 12, 2009. I did apply because I thought I am very eligible after reading the guidelines to naturazalition about the 4 year + 1 day rule

After reading some forum thread, I felt so worried knowing that the 4year + 1 day rule will only apply to those who left the country with re entry permit. Is it true?

I am a LPR since Feb 2000 but I just started staying in the US last June 2004.

Below are the dates that I am outside the US

October 3, 2003 - June 6, 2004 (8 months since I left the US, but 5 months if the counting will start on the day that I apply for the N-400)
August 17 - September 8 ,2005 (21 days)
August 25 - September 16, 2006 (21 days)
August 30 - September 17, 2008 (17 days)

I'd my fingerprinting done, and scheduled for an interview on April 23, 2009.
Please guys, help me what are the documents that I need to bring to my interview to prove that I did not disrupt my continuous residency.

I am living with my dad and step mom, since then.

My dad is the one paying our rent. (But he was not able to keep those receipts before)
If we will request for a certification from the owner of the house that we are renting his apartment since 2000, will it be enough?
I have an ITR for the year 2004 (but it only covers the month of August - December) since I just started working on that month.

October 2003 - June 2004 is my last semester in school (in Philippines), The reason why I left the US for that long.

Thank you so much!


Registered Users (C)
F1 to H1

Hello sir,

I came to US on H4 visa. I wanted to peruse higher degree so converted my visa to F1. while studying I Worked on CPT as a intern and then I used only one month of my OPT (out of 12 months).I applied for H1 and got H1 approval in Oct 08. Since then my employer could not find project for me. And due to bad market he wants me to convert it to H4 visa. I am very confused right now.

1) In my case what is the next step should I take which is safer?

2) As I used only one month of my OPT, So can I use rest of it anyhow?

3) My employer is saying go to your country and go to consulate for H-4 stamping and re-enter US on H4. Is it safe to do? What if they ask me about my earlier visa (H1)? Can they ask any document based on H1?

4) What are the chances that In future I can change it back to H1?

Appreciate for your advice.


Registered Users (C)

Hello Sir,
This is regarding my SSN.
I had got my h1 approval in Nov and then applied for SSN but havent got it yet . It's more than 3 months that I applied.
When I ask the SSN office, they say my status as per INS is still H4 and they have sent my documents i.e H1 approval letter to INS to get my status updated but there is no response from INS.
I also tried in the local uscis office but again they said they cannot do anything. But they suggested me to personally write to INS requesting for update and attaching my approval and SSN application receipt.
Now my employer has found a job for me but I am just waiting for my SSN.
Could you please suggest me what can be done in that case and whom should I approach for this.

Thank you Sir.
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Registered Users (C)
Thank you for the service.
My wife's 6th year on H1b expires in March 2009.
Her PERM (EB3, IT Manager from India) is pending and will likely get approved after her 6th year on H1b expires (June 2009 by current timeline).
She intends to be on H4 once her H1b expires.

1) Under new rules ( url above), will she be eligible for 1140 premium processing after her H1B expires?

2) Will she be able to change from H4 back to H1 once I140 is approved and H1B is subsequently approved or will she have to stay outside the country for 1 year.
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Registered Users (C)
benefits that I can leverage from old PERM approval

thanks for a wonderful forum and your support

I have an approved PERM and I-140 with a PD of March 2006 as a software engineer. I have finished 6 years of H-1 and currently on my 3 year extension (based on I-140 approval) that expires in Sept 2009. I moved into a business role within my company and they said that they cannot go ahead with my I-485 since I am not a software engineer anymore. My questions are on the approvals I have till now

1. Can I apply for another 3 year H1 extension if my PD is not current in May 09?

2. How long after the PD becomes current can I still keep applying for H-1 extension? When does USCIS drop an application because of inactivity (i.e I-485 has not been submitted)

3. If my PD becomes current when I am applying for my extension , am I still eligible for one year H1 extension?

4. My company refuses to file the I-485 unless I move into a software engineering role immediately. Can I join another company on H1 and start a new GC process immediately? I will have less than one year on my H1 in that scenario. Can I still get 3 year extensions based on the approved I-140?

thanks a lot for your help
EB2 labor approval portable to a new employer if I140 revoked with the old employer

I have EB2 India labor approved from March 2006 and associated I-140 approved by June 2006 from company A for which I am working.

If my I140 gets revoked due to some reason, can I change my employer to company B (using H1B transfer)
and only re-file I-140 with the new employer without having to go through the PERM Labor processing again?
Is the previous EB2 labor portable to the new employer?

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Can a person on EAD work w/o employer

Hello Rajiv,

We really appreciate the yeoman service you are providing to the immigration community. You and people like you are the unsung heroes of all the successful immigrants in this country.

Here is my question:

An employee is on EAD and gets laid off, then if he does not find job but still has a document from a potential employer stating that the employer would hire this person once GC is obtained.

In this situation,

1. Will the employee lose his status upon being laid off?
2. Will there be any form/kind of implications and issues on his/her current GC processing?
3. In the interim with no job satisfying his GC conditions (LC criteria), can he take up any other (same or diff industry) form of full time/part time/self kind of employment?

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Registered Users (C)
change of visa in middle of medical residency

Hello Rajeev!

I have fewer years on my H1 to complete my medical residency.

My spouse has initiated GC process and PD is april 2008 under EB2 and so I am waiting on my spouses PD to become current to get EAD

I will be atarting residency this july and my questions are:
1) can i change from H1 to j1 in the middle of residency if PD doesnot become current
2) what are the potential risks involved?

Appreciate Your service!
H1-B Extension and GC Filing dependency

Hello Rajiv,

I have questions about H1-extn and GC Filing dependency and hope to find answers form you Experts :

My H1-B expired in Sep-30th,2008 and extension was filed on June-20th,2008 which is still shows as 'Case Recieved and Pending' on USCIS, Last_Update is 07/12/2008.

1. What should l do if I don't hear from USCIS at all by May-30th,2009 i.e. 240 days from my H1-B expiry to make sure that I won'thave problem on my Passport to enter US / any other country in future?

2. With H1-B already expired and Entension in Process as above, Can I file Green Card now?

3. And If answer to above is Yes, then what will happen to my GC processing if the H1-B extension is not approved by May-30th,2009?

Thanks for your guidence and help in advance.
Hi Rajiv,

I have completed first 3 yrs of H-1B with company A, (Oct 2005 - Oct 2008)
Applied for extension on may 2008, got RFE, replied aug 2008, H-1B extension denied on JAN-2009
and currently working on EAD with same company.
I-94 expired Oct 2008.

Got my I-140 approved on DEC-2008 (before h1 denial) and 485-pending with priority date of
25th Nov-2001.

1.Can I apply for H-1B transfer with company B? should I transfer my EAD to company B
by filing AC21 along with H1 and what is the time limit for my H1 transfer after denial

2.If H1 is transfered to company B should I get it stamped outside usa before working

3. If transfer of H1 is not possible can I apply for new H-1B?
4. If my I 485 denied say after 6 months, can I apply for H-1B transfer with company B? is there a time limit
after my h1-denial for new/transfer H1B


Registered Users (C)
H1B Stamping at Vancouver

Hi Rajiv,
My wife is going for H1B stamping next week to Vancouver, Canada. I beleive you are aware of my wife's case. She is a derivative applicant of my GC filing and my I-140/I-485 are pending for almost 2 years. Recently I raised a service request on my I-140, after a month I got an RFE. Meanwhile my wife's MTR on the H1B notice of decision is pending, but got message from Congress office informing that the review on MTR has been completed and the updated notice will be in mail soon. We do not know what is there in the updated mail. Now is it a good idea to travel to Vancouver for H1B stamping. She has valid approved advance parole.

1. H1B is non-immigrant visa and because she is derivative applicant of my GC
is there any issue like intent to immigrate will afftect H1B stamping. If so can she reenter with advance parole.

2. My wife got initial H1B stamping from vancouver, Canada before I apply for her GC. after her H1B expired she has been working with EAD and on parolee status. Now her H1B approved but has to get stamping from outside america and reenter on H1B. If H1B issued is there any issue while reentering USA with H1B as her GC is pending.

Thanks & Regards,


Registered Users (C)
1099 Question

Hi Rajiv,
Thanks a lot for your great service.

I am a July' 07 I-485 filer and have received my EAD and AP.

I am currently on H1 and not using my EAD yet.

In my situation can I accept any contract work on 1099? This will be beside my full time work.

Do I have to switch to EAD from H1 to accept 1099 for contract work?

Thanks in advance.
Dear Mr Rajiv

I currently hold H4 visa and will be applying for H1 this year.

I am not residing in USA at the moment and will be out of USA when my H1 application is filed. My H4 is valid until 2011. Once my H1 application is filed, can I enter USA on H4 without causing any problems to my H1 application? If I can, does it have to be only after INS approves petition or it can be even before.

If I should not enter USA, for how long would that be?

Can I enter USA after INS approval and before I get H1 stamped? Or I can only enter after H1 stamping?

Kindly advise
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H4 and internship

Hi Rajeev,

First of all many many thanks for helping all of us.I am a H4 pursuing my MBA.I know I am not allowed to work for money.But can I work for no money,such as an unpaid internship?

H1 - quota exempt or not.

Hi Rajiv,

I was issued an H1B in 2004 by an IT Major (subject to the annual H1B quota Cap). It was stamped on my passport, but I never entered the USA using the H1B.It expired in 2007 and I did not extend it.

I entered US on H4 in sep2008 and now I intend to change my status to H1B.

*Can I file for COS and a new non-quota H1B application rightaway (since I have been in the quota count once in 6 years?)

*or do I have to file for a fresh new H1B subject to the 65,000 quota cap in April? (Since, I am not sure if I am quota exempt with the 6 year clause, bcos I never entered the US immediately after the H1B was stamped in 2004.)

My Employer is also in a confusion wether to apply for non-quota H1B rightaway or to wait for April to file through the 65,000 Cap.

Doing both simultaneously would be a financial burden on my employer and they would like to go through only one option. Also, would applying simultaneously for both quota and non-quota be legal?

Kindly advice. I am not confident of getting another project/sponsor in this economy and desperately want this to work.

Thanks a lot!
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