Video Recording for Jan 23 Conference Call


Staff member
Video Recording with answers for questions posted for Jan 23 Conference Call.


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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Waiting for FB2 , Can i Apply for Visitor Visa ?

Dear Rajivji,

My Parents have applied for a green card (FB-2) for myself and my brother, we are over the age of 21, unmarried. My Parents went there through my sister on Immigrant Visa themselves. They have Green Cards.

Our Priority Date: Nov-21-2011.

My Questions are:

1) How long would it take for us to have our Green Cards, is there some hope for us in Immigration Reform currently pending before US legislators ?

2) Can we apply for a Visitor visa ? What are our Chances ? and can you help ?

Thank you

Have a nice day.

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What could be done to keep my Mother with me in here beyond her visa time?


I am in H1B for last 3 years and half year. My mother is coming to visit to me in this Late Feb. 2014 for 3rd times. Her multiple tourist visa expires in April 2014 and I don't want her to go back to Nepal. Since, no one is back home to take care of her. I like to keep her here and therefore take care of her. I am married and my husband also is in his 4th year in H1B. My company is going to file PERM for me very soon begin works as soon as Feb. 2014. Can you tell us what are my options to keep my mom with me here is States?

Thank you very much,
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Applied H1B Transfer from India.Didn't travel to USA on existing H1b visa.

Dear Rajiv,

Presently I'm in India and got H1B visa stamped with current employer (A) and visa validity is till Sep 2015.I haven't been to USA till now.
I have come across another potential employer (B) who is willing to file H1B transfer petition while I'm in India.
Posted these questions to new employer (B) and he hasn't get back to me on this.
So I need your suggestions on below things :

1) Do I need to get new visa stamp from consulate offices in India as there is a change in employer( from A to B).
2)As I do have H-1B visa stamp in passport from my current employer A,Can I use the same H-1B visa to travel to USA with new approved petition of employer B? Will there be any problem at POE.
3)Just in case if I visited consulate for new visa stamp with employer B and got denial, Will the visa of Employer A will also be revoked.( I'm referring here issuedvisa not I797 petition of employer A).
4) I couldn't find enough information on consulate site also whether stamping is required in this case. Can you provide me the link on USCIS site if any for reference.Unfortunately I couldn't find any concrete answer to this on internet.

5) I could find one document(87726) on site under section
(9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer (CT:VISA-1406; 03-11-2010))
which states as below
a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States.Upon applying for entry, the visa holder must present the new Form I-797,Notice of Action, evidencing the approval of the change of employer in addition to the visa.
6) Does this memo still valid as on date and apply to my case. By taking this into consideration can I travel with old visa and new I-797.

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Can I travel using old H1B visa stamp in passport and new H1B approval (I1797).

Dear Rajiv,

I do have same question as the previous user, Can I travel old H1B visa stamp and new H1B approval?
I am in India and I do have valid visa stamp of H1b from my current employer.
Now I am getting another offer from another employer. Once new H1B approved can I travel using old H1B visa stamp in passport and new H1B approval (I1797).
Will there be any issues at port of entry?
Do I need to go for visa stamping again before going to US?



Registered Users (C)
Hi friends,


Friends, I am new on this forum and I am trying to learn lots of things to all of yous, so I hope you all guys will help me.

Thanks in advance for your great support.

Kindest regards,


Registered Users (C)
Hello Rajiv,

Was looking for your inputs regarding my case.

Current Situation:
- PERM and I140 approved after 6th year, and so out of the country
- H1b extension was denied after RFE
as client work order indicated my current work location as offshore, and so immigration officer didn't see the need for onshore work. Attorney in process of filing another extension after obtaining another work order from client indicating my requirement onsite.

If my H1 petition is rejected again with the same client, can I refile with another client location as I should be able to find a long term project elsewhere?

Is there a maximum number of times H1 extension can be filed?

During this time, can I switch jobs, and still continue with my priority date, as well as H1-extension? If so, would I have to wait for new PERM/I-140 to get approved before I can extend my visa (it has been over an year since my PERM was filed)?

It would be great if you can help with my questions.

Thanks for all your help!
Dependent naturalization

My spouse filed for me as dependent, he was the principal, he got his gc (eb3) on October .2007 and mine I got in august 2010. Our files were separated and mine took almost 3 years after his.
He got his gc around 2007 and we separated in 2009 (his idea). I got my gc in 2010 (when I still believed we were going to get back together). I filed for divorce on 2011. He agreed for the divorce in 2011. We were together since 2003. (married in 2006) Does it affect citizenship?. The divorce was final on 2011. (may).

we meet 2003
lived together 2004-2009
married 2006
file gc 2007
separated 2009
divorce final 2011


Registered Users (C)
Left the USA voluntarily while on withholding of removal status and want to come visit with a visa

I have a situation here, I came into the USA in August 1999 with a F-1 visa. I've been granted withholding of removal status in June 2005 but I voluntarily left the U.S. in November 2008 to live in France as a newly naturalized french citizen thru marriage (I obtained my french citizenship while living in the USA). I haven't been back in the USA since I left but I tried to get the ESTA authorization twice in vain, I got in touch with the DHS to understand why I couldn't get it, they sent me a letter saying that I wasn't barred from coming back to the U.S., therefore I have the possibility to apply for a visa. In December 2010 I applied for a visa but it was denied because I was unemployed at that time, the consular officer told me to wait until my situation changes before I could apply again. As of now, I am in a better situation, I am the co-owner of a company in my homeland and I have plans of applying for a B1/B2 visa this summer in order to attend a medical expo in MIAMI. Do I stand a chance after staying out for over 5 years? My mom has also recently been naturalized in the USA but I'm over 21, married and I have 2 kids. What are my chances of getting sponsored by her and how long will it take?


Registered Users (C)
USCIS communication with last employer

Dear Sir,
I wanted to inquire if any of the processes below leads to any correspondence with previous employer or their attorney (via USCIS or any other way). Is last employer/Attorney sent any information or informed in anyway when

1. Filling of AC21 or AOS porting is done by new employer.
2. Filing of G28 is done by new company's lawyer for I-485. (If 485 was previously filed with last employer's attorney)

Thank you for your consideration.
Visa validity when Visa type is changed

Hi Rajiv,

My wife has completed 2.5 years on dependent visa L2 (I have L1B), and she has applied for H1 which is approved.

Question 1: How long she can work on H1 (H1 will be for full term of 6 years or only 3.5 years)?

I have completed 2.9 years (Including 1 month India vacation) on L1B and have approved H1B now

Question 2: How long I can work on H1 (Full 6 years of remaining 3.3 years)?
Query on AOS; did not ammend H1B in past from previous employer

Dear Rajiv,

My previous employer (just before I joined current employer in 2009 on H1) failed to file H1 amendment when I worked from CA on a project for 167 days whereas the original LCA was for CT. My GC was filed by my current employer in 2011 (I-140 also approved in 2011) and I have re-entered US in 2012 (3 year H1 extension). Can failure to file H1 amendment by previous employer be a problem when we will file I-485?

If the above case is unclear, here are the timeline of events since I entered US..
• Arrived in US on L1B VISA (Company A) in 2007 and started working immediately.
• Company B applied for H1B CAP in March-2008 with a consular process. Got approved however neither went for stamping nor joined Company B.
• Company C filed the H1B transfer on PP (Based on H1B CAP already approved through Company B)
• Resigned Company A
• Company C received H1B approval valid from x/2009. Started working for Company C on x/2009.
o On y/2009, I was assigned to a project for a client in California. Initially, I visited them and then moved with family on z/2009 as the project required client interaction.
o Very high chances that Employer C did not file a new LCA or H1B amendment.
• Company D filed H1 transfer and I started working for Company D after few days from approval.
• Company D started GC and got I-140 approved. I-485 not filed due to PD is not current. Received H1 extension for 3 years in 2012. Re-entry to US in 2012 with VISA till 2015
o Another Travel Plan (Exit 1/2014 – Entry 2/2014 on Company D H1B)
• Company E plans to file for H1 transfer while I am outside USA (with a future date 3/x/2014) and 3 year extension (Based on I-140 approval from Company D )
o If I join company E, they will restart my GC in Aug-2014 (will port priority date)

I never paid attention earlier and recently discovered a lot of things about H1 and GC processing.

Q1: Since Company C didn’t file the LCA/H1 amendment when work location changed, was I out of the status or unauthorized to work or unlawful present till I joined Company D (For Total 167 days)?
My PERM was filed after that by Company D and I have traveled outside USA once after that. Will that still create problem with I-485 (when they file in future)? Will Section 245(K) fix this problem?

Q2: I was always paid by Employer C however first few paychecks were not of same amount. Does that create a problem? Is that checked in AOS?

Q3: If I join company E and reprocess the GC, does it increase my chances of I-485 getting denied?

Thank you very much in advance and appreciate your effort and help to community.
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H1B Transfer application while outside US for a future date

Hello Rajiv ji,

I am currently working for Employer A on H1B with valid VISA and I-94 till Aug-2015. I will be traveling outside US for 4-5 weeks from next week.
Employer B will file my H1 transfer application PP when I will be traveling outside US. It will be filed for a future date (few weeks later from my re-entry) with a 3 year extension. If H1 is approved, it will possibly not have the I-94?

Since I will re-enter with my current employer H1B to work for them for few more weeks, I will get a new I-94 till aug-2015.

How will the new H1 for a future date from Employer B take effect? Will I still continue using the old I-94 or I need to go out of country and re-enter?
What happens if I do not join Employer B on the future date? does it changes my status(last action rule)? At that time what do I need to do to stay with Employer A?

Thanks for your help and advise.
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Registered Users (C)
Fee payment date extension request for Consular Processing

Hello Rajiv Ji,
I worked for company A with a valid H1B petition from May 2011-May2014 and PERM was filed in Aug 2011.However, in January 2012 I travelled to India on family medical emergency and my stamping was stuck under 221g. Meanwhile company A processed my I-140 in July 2012 with consular processing option since I was in India and the same was approved in Jan 2013. Immediately I received Immigration Fee invoice for self & spouse with a due date of Jan 28,2014. Meanwhile, I changed employers in India and am going back to US in February through company B. My company A is supporting to continue the GC process. I have the following dilemma
1. My PD is Sep 2010 where as current EB2 is SEP 2004. Why is the CP processing fee due immediately when the PD is clearly backlogged by 6 years. Is it possible to request additional time since I am reentering the US in few weeks post the due date and immediately request for AOS from CP

2. In 2013, we had a baby girl in India. At what point we should add her to the application?. Can we seek additional time based on this event since my daughter needs to be added to the application as well.

3. I saw there is once a year requirement for the CP fee payment and processing. What happens if the fee is not paid by the due date?Will the I-140 be void opting for a CP. I believe for AOS there is no such expiry and expect the same with CP.

Appreciate if you can throw some light and clarify the nuances. Thanks a ton for your time.
Change of status to F1, denied. I-129B to motion a file


Change of status to F1 was denied due to insufficient finance available as per them, they asked to have liquid cash available to pay for tuition and living expenses.
However they have given me an option to file a motion by submitting I-129B with additional proof to re-open this file with a fees of $630.
My question is, what proof I need to submit after collecting enough amount in my account, with a bank letter do I need to get affidavits from the friends who helped me in deposit? I do have enough amount in my account now, will they ask how did I get that amount?
Also, I would like to know if I myself can submit this form or do I need a lawyer? And what is the process time after submitting this form.

Thanks, appreciate your help.
L1B to H1 conversion


I am currently on L1B with Company A and they are applying for H1B this April.
I am discussing company B for an offer and they also apply for H1B.

What happens if Company B H1 gets approved and not A?
My understanding is From Oct 1st, my L1B is not valid with A and have to start working on B. Is this generally what people do and works without any issues?
My main concern is with if for some reason Company B revokes my offer, I will be in trouble from Oct 1st and have to leave the country.
Is it possible not to change the status and stay on L1 with Company A and inform B to withdraw in September itself?

Also what happens If both H1 gets approved? do I have option to withdraw H1 of Comapny B?

Tourist visa


I have applied for my spouse for I-130, I-129F(K3 visa). She got tourist visa now(10 yr multiple entry). Is there any procedure after she comes to US on tourist visa for her change of status? Can we apply for I-485(change of status) and get EAD? OR does she have to stay on tourist visa and wait for I-130 approval? If she does not get green card in 6 months, can she go to Canada/Mexico for a day/two and come back to US on tourist visa?

Thanks in advance,
Dhaval Doshi


Registered Users (C)

My husband and I became permanent residents in December 2011 under the Cuban Adjustment Act. Below are the details:

Sept 2009: First admitted to the US
End Dec 2010 - Jan 2011: short trip outside US approx. 15 days
August 2011: Applied for GC
Dec 2011: Received GC

The problem is when we received our green cards the date shown is January 2011 (the date of our last entry before we submitted I-485) and not September 2009. We sent our green cards back to USCIS along with a letter explaining the mistake in the dates and they responded that they were going to fix the dates but they still issued new green cards without fixing the date (January 2011 again). I have pasted below sections of the CAA law:

"Have at least one year of aggregate physical presence in the U.S. before applying for benefits under section 1 of the CAA (amended from two years by the Refugee Act of 1980). However, if an applicant was admitted or paroled and later departed from the U.S. temporarily with no intention of abandoning his or her residence, and was readmitted or reparoled upon return, the temporary absence shall be disregarded for purposes of the applicant's "last arrival" into the U.S."

"When adjudicating an I-485 under section 245 of the INA, the date of admission for lawful permanent residence is the date on which the case is completed, i.e., when the I-181 is signed off. This is not the case with an application under the CAA. When an I-485 is to be approved for a Cuban applicant, the alien's admission for permanent residence is thirty months prior to the filing of his or her application, or the date of his or her last arrival in the U.S., whichever date is later."

We are not sure what we need to do to amend out GCs. Please advise.

Appreciate your help,
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Registered Users (C)
Question 0- My job was terminated on Jan 13. I filed for visitor visa on the same day. I have a job offer from another employer who would file H1 Petition soon. Would I need to travel out of US and get a H1B stamped before beginning to work for the new employer? My last I-797 and visa stamp is valid until Feb -2015.

Question 1 - What is the shortest time in which the GC petition (PERM) be filed by a new employer. ? I have 14 months 2 weeks remaining on H1B out of the six years allowed. The attorney for my new employer says that I may need to spend 1 to 3 months outside of USA if the PERM approval does not come in time. What is your opinion.

Question 2 - What may be the consequence of PERM being denied. I would not have enough time left to get perm filed and approved by another employer before the end of my 6 years of H1B.

Question 3 - What should I do to mitigate this risk? Get PERM filed by another company while also getting PERM filed by my employer?

Question 4 - After I-140 approval, am I eligible to change to a different employer and different job? Or is it necessary that the job has to remain similar to last one but only employer can be changed?

Question 5 - Is it possible that you file for my GC -start to finish - even though you are not the attorney for my employer? How does that work out and who pays for the expenses. As of now, my next employer has agreed to get my GC Petition filed through their own attorney but I found that out of two PERM they had filed in 2012, one was rejected. Out of 11 PERM in 2011, two were denied.
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US citizen and running for public office in India


First, thanks for your valuable time. Your work to help the community is greatly appreciated.

I am GC holder eligible to apply for US citizenship. I wanted to know, after getting the US citizenship can I run for any public office in India. I am very much interested in running for public office (probably panchyat president, mandal president and possible Member Legislative Assembly) as most of my family members are in politics back in India.