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Registered Users (C)
Hello Rajiv.

It has been over 100 days since I filed my I485, I131 and I765 applications and I still have not heard anything on my AP and EAD applications. Last week, I made an infopass appointment at my local immigration office and the IO there told me that EAD and AP will not be adjudicated until the security/background checks on my AOS application are clear.
Is it true that the EAD and AP applications approvals are dependent on the clearance of security checks on 485 application?
If yes, any ideas which security checks need to be cleared for the approval of AP and EAD?
If no, then what can be done to find out the actual reason of delay and possibly request USCIS to process these two applicatons?
Would you please suggest the next steps that I should take here?
L1 to H1 COS

I came US in Oct 2006 with L1A VISA up to Aug 31, 2007

In March 2007, applied for L1A extension (as I wanted to have valid status by Oct 2007)

In April 2007, H1B with Change of Status is been applied through another Employer

In May 2007, H1B got approved with COS with I-94 effective date of 1 Oct 2007

In June 8th L1A extension got approved with I-94 effective date of 1 Sep 2007

Note: Even though I applied L1 extension before H1B, it got approved later as each got processed at different INS centers.

1) Since L1 got approved after H1B approval, as per last action as of Oct 2007 will I be on L1A or H1B?

In some websites it is mentioned last action of INS is applicable for current effective dates, and since my H1 effective date (Oct 1) is later than my L1 extension effective date(Sep 1), I can work on H1B from Oct 2007 with out going out of the country.

2)Or Can I apply for another COS from extended L1 to approved H1B again for the same H1B employer?

3) One Lawyer suggested, continue on L1 status and transfer H1B to different employer (that becomes last action) and start working for them.
Is it possible to do this? (possible to transfer without working for first H1B employer using L1 paystubs?)
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Registered Users (C)
EAD vs 7th Year H1B, With Job change

Hi Rajiv -

My 485 was filed in June 2007, and my EAD just got approved. I have an approved 7th year extension starting Jan 2008 from my current employer.

However my employment with the current company will end in Dec 2007 (180 days after my 485 filing), and I would NEED to change jobs at that point. Moreover, I plan to join my husband who is a Green card holder and lives in a distant state at this point. What are my options?

1) Can I get my 7th year H1B transfer to a new employer, although my LC/485 was filed through a previous company?

2) If I use EAD instead, can I change to a different job description, say from Engg to Marketing, or do I have to find a job with the same job desc. for which my LC was approved? This would give me greater flexibility in terms of finding jobs in the area I am planning to move.

3) If I go the H1 route, can I file for transfer BEFORE completion of 180 days, as long as my join date in the new job is AFTER this period? Anythings else I should watch out for that could be a potential pitfall when I change jobs?

Thanks for your time!


Registered Users (C)
H4/H1 to EAD to H4 /H1

Hi Rajiv,

I m on H1B and filed the I-485, EAD and AP for both me and my wife (H4). I have some questions regarding the use of EAD

If my wife starts working on EAD and then plan to not working later , Does she has to go back to H4 status or Could we just keep renewing the EAD/AP without she working on EAD. I think my question is that is it necessary to work while you are on EAD status ?

I have the same question for H1B, If I change my status to EAD and then stop working after a while .. Do I have to come back to H1B status of can I just keep renewing the EAD/AP and be on a valid status ?

I have read on the forums that once you change your status to EAD from H1B , its not possible to go back to your H1B , you have to apply for the new H1B in new quota. How true is it ? could you please put some light on this H1B-EAD-H1B switch.

I would like to thank you for this great community service. I really appreciate the work you are doing .



Registered Users (C)
Interfile of I-485


My future employer company-F was filed I-140/I-485 with the substitution labour.
Incase in future if my current employer company-C files a perm based I-140, can current
company-C's I140 be linked with already filed I-485 while furure employer company-F's I-140 is pending. if Yes,

A) What will be happen to the case if future company-F's I-140 is revoked or denied
after current employer Company-C's I-140 is linked

B) Does priority date to become current to link a new I-140 which is going to be filed by current employer company-C with I-485 which is already filed



Registered Users (C)
Ac 21

Hi Rajiv,

I have few questions:-

1) If i use AC21 with the current company who filed my I-485,would GC be faster?
2) if i use AC21 to a different company, would GC be faster?

3) What is the procedure after we apply AC21?Faster or slower etc?

4) what is the time allowed for new H1 to start with after oct?(H4 - H1 not yet stamped)
5)When should i start enquirying abt the i140 after i applied thru labor subsitution?after 6 months or an year?
Help on H1b Bond / non-compete

Hi Rajiv,

I had signed a non-compete with my consulting company stating that I
cannot join the end client upto one year after leaving my consulting
company. I've joined the end client. What could be the consiquensis?

To brief you about the situation,

I came to USA in Dec'05 [I signed the employment agreement in sept'05
while in India]. I applied for SSN. Received my SSN by end of December.
They asked me to fabricate my resume to show 3 years of U.S. experience.
I had no choice but to do it because I was totally dependant on them.
I started my project in Mar'06 with a client. The consulting company
did not pay for Dec'05 - Mar'06. They covered my insurance though, but
decucted the amount from the following salaries. Then my project ended in
Dec'06 and immediately I joined another client. I worked there for 6
months and joined the client. I informed my consulting company regarding the same after I joined.
They said [obiviously] that I cannot do that and I need to finish my 18 months of contract [which I already did -
considering the signing date-sept'05]. Later they said, you cannot
directly join the client. When I asked of some way out, they asked for
$10,000 [THis was on phone] or else they would hand my case to attorney and
take legal action. This was the last talk we had in end of June. Since
then they have not contacted me back directly.

Please suggest of the consiquenses that could take place in this
matter. Can they take legal action inspite of they exploiting me [fabricating
my resume and not paying me from Dec'05 to Mar'06]

Thanking in Advance. Your suggestion/advice is highly appreciated and will help a lot.
H1B Expiring.

I have three issues:
1.My company started the PERM recruitment process for me in second week of August,07 and my H1B is expiring in May of 2008 (6 years expired), which leaves me 9 months between start of process and expiration. Do you think if I have enough time till June, 08 to get my I-140 approval done (based on current situation) and get that three year H1B extension? If not then what are my options? I have about 9.5 weeks to recapture on my H1B. Besides, I will be traveling out of the USA for company work for 1 month in Jan. 2008. Can I recapture that too?
2. Can I change my job taking similar position in another company once I get my I-140 approval and the 3 year H1B extension?
3. Do you think the termination of premium processing for I-140 is temporary?

I would appreciate your reply.


Need help on upgrading/downgrading visa category


My mother filed an I-130 for me back in Feb 2001 when she was a LPR. I'm an unmarried child over 21. If I'm not mistaken, the priority date for this case is May 01, 2001.

On September 14, 2007, my mother was sworn in as a US citizen and received her Certificate of Naturalization. Based on the Visa Bulletin for the month of October 2007, visa numbers are already available for my case. However, I plan to get married within the next year (July or August 2008).

My question(s) is: Should my mom request for an upgrade of her application for me from category FB2B to FB1 and then after me getting married, make another request, but this time a downgrade from FB1 to FB3 (this will be requested when the FB3 of my priority date becomes current)?
OR, is it possible to just wait till I get married THEN CONTINUE to wait till the FB3 category for my priority date becomes current AND THEN make a request to downgrade from FB2B to FB3? This is so that my wife (after marriage) and I can file at the same time as derivative of me, instead of my wife waiting 5+ years if I got the green card first under the FB1 category.
What should be done now that my mom's a USC.

side note: I'm an Indonesian citizen currently studying in the Philippines (so the priority date is NOT under Philippines)

Hi Rajiv,

My I - 485 application is pending from Dec 2004. I have I-140 approved. I am presently working on EAD.
My Labor application copy has my job title as programmer analyst and company is in new hampshire.
job description is
-Develop, plan test client server software applications using, oracle,unix, visual basic, ASP..etc
and salary mentioned in this application is 65000$ per annum

I have a job offer from another employer which has job title as Principal software Engineer and the salary will be around 100000$ per annum and position will be near Newyork City.
I do not have offer letter but the job description advertised for this position is very detailed. here are few details from that.
-developing/implementing data warehouse solutions with SAP BW 3.0 or higher.
-Assist in the analysis, design and implementation approach for ERP custom programming.
-Assist in testing and staging of new applications and releases.
-Knowledge of UNIX operating systems and experience in Oracle database would be a plus.

Please tell me if i can change my employer and take this new offer.
Do i need to inform USCIS? if i have to inform USCIS, what should i send to USCIS.

Issuing 221g blue form at consulates in INDIA

Hi Rajiv,

Your reply will be of great help for all the guys who are being issued 221g's at consulates in India.
What goes at the background after issuing 221g Additional Administrative processing or Case is under review for some purposee(Like Inhous-project validation or client validation)?
Why is that they dont have specific time frame to solve these type of issues?
Can the applicant's ask their Petitioner or attorney to contact consulate and find out if they need any additional information?

I was issued 221g blue telling me that he's unable to take decision as of now becoz he is not clear whethere my petitioner is doing an inhouse-project or not. He wanted to review the docs and get back to me. It's been a month and still no reply.



Registered Users (C)
Multiple 485 filing question

Hi Rajeev,

We really appreciate your help for the valuable information and a great service you are doing...

My application with my wife as secondary was filed on Aug 7th, 2007 ...whereas my wife's application with me as secondary was filed on Aug 8th, 2007...In both Cases we did not mention that we r filing multiply...

None of us till now have recieved anything from USCIS will our multiple applications create problem and delay the case ???

Can you please explain some concerns and issues regarding multiple 485 filings, how it works, will it delays the processing etc....

Thanks in advance.........


Registered Users (C)
Porting the PD date for family based GC

I have a question regarding filing for an unmarried son and daughter of my brother..

My brother sponsored GC for my elder brother in 1996 and recently both brother and sister-in-law got their GC. When my brother filed for my brothers family all their kids where minors and their I-130 also got approved. But when their PD became current the kids could not get their GC since they where over 21. My question is when my brother come over here and later sponser their kids... is it possible to port their old PD date to the new application?

I appreciate if you could answer this question.
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Registered Users (C)
Employer not ready to share I-485 receipt

Hello Rajiv,

First of all, thanks for wonderful service to community.

Employer not ready to share I-485 receipt.

a) Is there any way to apply EAD without I-485 receipt?
b) Can I used AC21 using H1b transfer also after 180 days passed?
c) What are chances I-485 denied after using AC21 after 180 days passed and I fear that employer can says to USCIS that he don't have permanant available right now which was available previously.
d) What happen if I am on vacation in India and 485 get approved and I don't have I-485 receipt and AP but have H1b valid. Can I enter in US without any issue?

Thanks you so much your great service...


Registered Users (C)
Hi Rajiv,

I am on L2 visa with EAD and working for a reputed company (Company A). I applied for H1b through another consultant firm(Company B) and it got approved with COS effective Oct 1, 2007. Now, I have following questions.

1. Is there any way through which I avoid the COS and continue working for CompanyA?

2. For how long can I legally continue in Company A after Oct 1, 2007? Say I need to complete some committments

3. If I decide to forgo my H1B petition, do I need to apply for COS from H1B to L2? Also does cancelling H1B petition becomes a risk to my future H1b application?

4. Company B has just given me I797C and the wordings in it suggests that its a COS. They are not gioving me I94 saying that I will get only after I get my project with them. Is there any way I can confirm whether it actually is a COS?

Education requirement for I-140 based on ETA750A

Thanks for your wonderful service Rajiv.

I have a question related to the education requirement for I-140 based on what my attorney has filled up in ETA750A under old system of labor. Labor has been approved. I also filed I-140 but need some clarification. I have a B.Sc. 3 years and 2 years M.Sc. Mathematics with software experience more than the requirement.

The details of column 14 and column 15 of ETA750A is as below :

Column 14 :
College : 4
College Degree Required : Bachelors of Science
Major field of study : Computer Science
Expericence : Job Offered : None
Related occupation : 8 years
Related Occupation : Advanced Degree or Systems Analyst
Column 15 : Other Special Requirements : Knowledge of MS Windows & Unix.
Advanced Degree experience may be considered equivalent to
related experience.

My question is :
1. can the applicant have either BS or MS. If MS then do I need to have MS in computer science or Advanced degree in any subject is fine.
2. Will my case be under EB-3 Skilled or EB-3 professional based on column 14 and column 15 of ETA750A.

I will greatly appreciate your help in this matter. Thanks so much for your services.
J1 Visa

I have been doing some research here in the UK and have just been informed that if one's J1 visa has expired over 2 years ago, then he/she is eligible to another J1 visa.

Is this a new development, and something you are aware of?

Also, how easy is it to change from a J1 visa to an H1B visa with the same employer?

Thanks a lot,
Sir, I have another question:
The earlier question was for my brother, this one is for me.

I submitted my I-485 application in July 07. Received my EAD and FP request already.
I would like to change my job after 180 days from my 485 receipt date.
The problem I am facing is, the jobs are similar (and the titles are similar too), but the JOB CODE will be different. this is because my current lawyer used a specific Job code for the firm (an accounting firm) even though I am a specialist within the firm - clearly noted in my job duties and description submitted with my application.
Now, if I were to leave my job and join another firm, the new employer will use a different Job Code (more aligned to my function there).

What do you suggest I must do here? Should I try to go along with this, and if I get an RFE, explain my job function now and in the future, or drop my application now and resubmit papers because of an error from my Company lawyer (due to no fault of his - accounting firms are too rigid when it comes to special cases - everyone's not an accountant in an accounting firm).

Thanks a lot,


Registered Users (C)
Thanks for taking questions in your conference.

I am a US citizen and applied I130 petition for greencard for my sibling. The notice of action mailed back to me has the reciept number (WAC ***), recieved date (July 26 2007), but the priority date is blank.
Is this cause for concern and something I should get corrected/changed? Will this be an issue years from now when the visa gets approved or when the visa numbers for India become available?

Thanks in advance.
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