Video recording for July 10 Conference Call.

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Staff member
Video Recording for the July 10 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: July 24, 2014
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)
I am on H1 and have my I-140 approved. I have received my H1 extn for 3 years based upon the AC21 rule as i have maxed out my 6 years. I wanted to understand that if i were to switch jobs and if my current employer were revoke my GC application
1) Would i be eligible to switch jobs and also utilize the 3 years assuming that my GC application is revoked and my approved I140 is no longer valid
2) Would i be out of status if i were to switch jobs now since i have already maxed out my 6 years and my employer were to revoke my GC application
2) What are the options if i wanted to utilize the 3 years extn with a new employer without going out-of-status


New Member
Hi Rajiv ji, Yesterday I got an NOIR on my approved H1b from April 2013 to April 2016 based on my approved I140.. It says when the site inspector visited my office at client site 1 year before (June 2013), I was working from home. Now in NOIR says Site visit officer identified that I'm working from home which is far beyond the commutable distance. My employer did not run LCA on my home location since my offical work location is still my client's office and I'm remotely logging there to do the work. Now a days I'm working from home just because my manager allowed me to work from home and remotely login to the office due to my family (my wife is a Phd student at my home location and I have a 2 year old kid). The NOIR I got is asking for lot of documents (including employee employer relations and etc. ) and says if we do not respond by July 12 they will revoke my H1B.

What are my safe options here?

I am still working for the same client, same project and for same location but just remotely log in from home. :(

1) Can I change employer, if the approved H1B is on NOIR response review stage?

2) What will happen to my status if this H1B revoked and another H1B is in process? And If we get the new H1b approved before the current H1B revocation decision?

3) What is the worst case scenario? If I had to go to home country to get the new H1B stamped, is there any -ve impact on my case (in case if the current H1B revoked with effect from the starting date of H1B approval, because of my unlawful presence)?

4) In the above case how soon I should leave the country? I am well settled here. Have a new house and a car and stuffs like that. I would need some time to wind things up.

Kindly reply asap,
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New Member
Hello Rajiv ji,

I have been on a valid Green Card (sponsored by my spouse - a U.S Citizen)
for the past 3 years and am now considering applying for citizenship. My
indian passport expires in 60 days (Aug. 29, 2014) and it says (final) - that
means I will have to apply for a new Indian passport this time.

1) Is there a validity requirement when applying for US Citizenship? For
example..6 month validity of passport when traveling to and from the US?
Should I apply for a new indian passport and then apply for US Citizenship?

2) The name on my Social Security card is my maiden name and
the name on my current indian passport and Green Card is my married name
Will that be an issue while applying for U.S. citizenship? Please advise. Thank you.


New Member
Dear Rajav ji,

I am in the EB2 India category with the a PD of Dec 2009. My 485 application has been pending for more than 2 years. Now I have an opportunity to pursue MBA at a top business school fulltime. Can I be on a leave of absence from my employer for the 2 years and pursue my Full-time MBA? Assuming that my employer is willing to allow me be pursue my masters on leave of absense, are there any risks with taking this approach?

Thanks a lot for your advise!


Registered Users (C)
Hi Rajiv Ji,
My current H1-B Visa stamp in Passport is valid till Jan 2016 based on approved I-797 and approved I-140 ( after 6yrs stay here ) . But on Port of entry in USA( back in early 2013 ) ,my wife got the I-94 only until Mar, 2015 because her passport is expiring in Mar 2015 even though the VISA stamp was valid til Jan 2016 like me. ( I got I -94 until Jan 2016 as there was no Passport expiry issue with me ). We are already trying to get her passport renewed by applying for Passport Renewal.
Since I-94 is applicable only until Mar 2015, what is the best possible way to get her I-94 extended until regular Jan 2016, so she can continue to stay after Mar 2015 as well. We did not wish to travel outside country with new Passport and wished some option to have I-94 extended by staying within US. Please let us know all feasible options.

Secondly, Any news on EAD for H4 candidates / spouses. I know its open for public comments now... So, is the comments exercise going in the positive direction?, I mean are we getting good support thru comments ? When can we expect any positive news. Any information here is really appreciated.

THANKS Rajiv ji..Appreciate the help..



New Member
Hi Rajiv,

I was born in Germany and have it noted on my passport. I, however am an Indian citizen raised in India. My parents as well are Indian Citizens. I currently am on H1B and my husband is also on H1B working in US.

If I apply for Green Card, can I Charge it to Germany ? (Using Foreign State of Chargeability)
When my Husband applies for Green Card, can he use Cross Charge-ability to Germany ?

If cross charge ability is applicable, then will applying for Diversity visa(Lottery) have an adverse impact on Green Card Application filed by a H1 B worker ?



New Member
Hi Rajiv,

My H1B petition got denied recently and my employer would be filing for MTR. My current STEM OPT expires on July 15th 2014.

Can i continue to work for my client, while the MTR is in pending?. If yes, then how long?

Also, while the MTR is still in pending, my client is in the process of changing the vendor. The new and the old vendor are in favor of providing me any supporting document that i may require during my H1 application.

How do i support the MTR, that has already been filed, with this vendor change?.



New Member
Hi Rajiv,

Thank you for your service to the community. I am in my 7th year of L1A visa. My employer is not willing to sponsor Green Card. I couldn't switch to another employer who sponsors H1B visa since I've completed 6 years of stay in USA. I understand that I can stay for a maximum of 6 years in H1B visa or 7 years in L1A visa. If an employer files visa for me in H1B Cap-exempt category(working for educational institute, Research organization or non-profit organization), does the 7 years maximum stay rule still apply for H1B cap-exempt category?

Thanks in advance for your advice.


New Member
Hello Rajiv,

I have corresponded with you the during the last conference call about my current H1B/EB-2 situation. This is a follow up to confirm my Attorney's recent update on web-based ad placement due to which my PERM filing got delayed by 30 days. Just a brief recap of my situation - am in the 6th year of my H1B and it expires on Sep 15th, 2014. My attorney was supposed to file for PERM in the week of June 23rd after completing the required 30 days for web-based recruitment ad placement. However, he mentioned during my follow-up that he was mistaken and there is an additional 30-day cooling off period after the first 30 days of web-based ad placement. This means that my PERM cannot be filed until the week of July 23rd. Can you please confirm about the cooling-off period? Also, is there any alternative to enhance this ad process so that we can file my PERM asap.

Appreciate your time and consideration.

Thank you,

PS: We completed the recruitment processing including ad placement in newspapers for two-weeks and job posting in my office for two-weeks.


New Member
Hello Rajiv,

Thank you for your service. I got my H1B approved(with profit organization in lottery) this year with my employer and my end client offered me a full time. Now my questions are
1. My end client is DMV which is govt organization, can i transfer my current H1 to non profit organization and in the future if some thing happens can i switch back again to profit organization(means change employers from profit- non profit-profit)?
2. End Client does not apply for GC, can i apply through different employer and use that to extend my current H1B after 6 years, and do i need to work to employer who filed for my GC for any certain amount of time?

Many Thanks


New Member
Hi Rajiv Ji,

Thanks for your help in advance !

Please find the details of my case below and kindly advise:

1. I came to US through Company A on L1-b.
2. Towards the end of my 5 year completion, Company A applied for my H1-b and I got it.
3. Later I changed to Company B.
4. Company B applied for my PERM (in the 6th year of H1) which went into audit.
5. Since my H1-b was expiring upon completion of 6 years, and since my PERM was in audit, I joined the offshore branch in India.
6. Few months later, my PERM was denied.
7. Company B filed for a second PERM - Nov 2013
8. Once I completed 1 year employment in India, I applied for L1-A and got it stamped - Mar 2014
9. Meanwhile, my 2nd PERM got approved - May 2014
10. I came to US on my L1-A as a regular US employee for Company B - Jun 2014
11. After coming to US, my I-140 was applied and got approved - Jun 2014

My question is, can I now switch to any other company based on approved I-140 ? i.e. Can I switch to Company C on the H1-b extension based on my approved I-140 ? I understand that if I change the employer, my PERM and I-140 will need to be re-done. I'm concerned about the fact that I'm in L1-A status right now and whether will I be able to switch. Please advise

Thanks !


New Member

First of all, let me thanks you for such a wonderful service to the community. I am one the subscriber of your Youtube channel and have listened all your videos. Over the period of last many months, I have understood lot about the immigration process, thanks to your efforts.

I need your validation regarding my visa situation. Currently, I am on H1B. My PERM was filed last year on 09/19/2013 and is currently not approved and my current I94 expiration and H1B Maxout date is 09/05/2014.

As I have Canada Work permit and my client also has Canada office, I am planning to work from Canada for 3 weeks starting 2nd week of July 2014 to recapture some time, so that I can push my maxout date further in future and become eligible for one year H1 extension, based on PERM pending for 365 days.

As I don't have valid USA visa, I am planning to use AVR(Automatic Visa Re-validation) option. We(Me, spouse, daughter & son) are planning to leave to Canada in a week's time. While going, will not surrender our I94 and will provide the same at port of entry after 3 weeks while entering back based on my expired H1B Visa on passport.

I have following queries

1. Will I be allowed to leave USA without surrendering I94? As a precaution, I am carrying xerox copy of I94. Can I renter using xerox copy of I94?

2. Will I face any issue while entering back into USA using AVR? Should I take any additional precautions? Here are the conditions I will be following.
- Will be in Canada only for 3 weeks. On AVR maximum allowed is 30 days.
- Will not be going for H1B Stamping.
- Will not travel to any other country from Canada.
- Planning to carry printout of follwing articles:

3. Can H1B extension filed from outside USA?

4. Can one year extension based on PERM pending for 365 days be applied in the beginning of the month itself or we have to wait exact 365 days. So basically in my case, will I be able to file on Sep 1, 2014 or do I need to wait till Sep 19, 2014? My perm was filed on Sep 19, 2013 and is currently pending approval.



New Member
Hello Rajiv,

I am an Indian citizen living in the US on an H-1B. It is not stamped yet as I had a change of status from F-1 to H-1B and the H-1B will be active from 1st October 2014.
My fiance is a German citizen living in Germany and who will be on tour of the US soon. We plan to get married in the US, in the state of NC.
1. Does she have to travel back to Germany to apply and get her H-4 visa stamped after we get the marriage certificate?
2. Can she apply for H-4 alone in Germany?
3. Is there no way she can change her status to H-4 when she is in the US itself?
4. I believe a visa is a document required just for entry into the US. So isn't there a documentation which can be filed from within the US which will legalize her stay here after the marriage? Just like the way I am legalized on the H-1B though I don't have a stamp. We can both get our H visas stamped when we travel outside the US next time.
5. As German citizens they can travel the US for 90 days without a visa under the VWP. But they also have a choice to apply for a tourist visa. Would it be helpful for us to apply for her change of status from within the US if she travels to the US next time after applying for a tourist visa?



New Member
Hi Rajiv -

This is with regards to I-130 application for my parents(Sponsoring for GC for parents of a US Citizen). I have gone through your previous posts and presentations in this regard and below are some of the questions that I need your inputs on. Can you please help me with this?

1. I understand that it is not recommended to apply for GC for my parents immediately after they enter USA immediately on a Visitor visa as this would show that the visitor visa was used incorrectly to enter USA. However is there a minimum time that I need to wait before I can apply for them?

2. Once I apply for the I-130 my parents should stay in USA until it is approved true? If Yes should i keep extending their Visitor Visa while they wait for their GC?

3. Is there any thumb rule that says that the processing might take less time if they apply for I-130 from India than applying from USA? i.e would the processing time be less if applied in their Home Country instead of applying while they are in USA?

4. If we apply while they are in their Home Country, can they travel to USA on their current Visitor Visa while their application is pending with USCIS?

Thanks a lot for your valuable inputs.


New Member
Hi Rajiv Ji,

Iam an Indian Citizen married to a US Permanent Resident . My Priority date for F2A visa category is Jan 5th 2014 and my I-130 has been approved .Since their F2A visa dates have been retrogess from Sept 2013 to May 2012 . What are the Predictions in this category. Mean while my wife is also finding out whether she is eligible to get US Citizenship . If she becomes a US citizen ,What is the fastest way that I could get a Visa or travel permit to the USA ? Is direct consular filing(DCF) a good option .It seems for DCF it the mandatory that the US Citizen should be alteast 6 months in a foreign country.Can you please explain the complete details of Direct Consular Filing(DCF) ?




New Member
PD is June 2008, 485 status Initial Review
I got below update on 485
On June 30 2014 we mailed you notice that we certified our approval of this case and sent it to the appropriate appellate body for review. they will notify you directly when they make a final decision.

Please help as no body i know has got this email?


New Member
Hi Rajiv Ji,

Below is my education and work experience:

3 years Bachelor Degree (Major in Chemistry - India)
2 years MBA (Marketing – India)
2 years Masters (Technology Management - USA )

Work Experience:
3 years 2 month
My job requirement is:
Bachelor’s degree with 5 year’s experience or Master’s degree with 1-3 years experience required. Degree concentration in Computer Science/Technology Management/Statistics or Math required.

1) Am I eligible for the EB2 category with above credentials and job requirement?
2) Does MS with 1-3 year’s experience in the above requirement holds good for DOL and USCIS?
3) I was an employee of company X and had work for company Y as a consultant in NJ (2 layers in between). I have joined and currently working for the same company/client Y as a permanent full time employee in MD. Can I count this consulting experience in PERM filing ? (1 and half years experience out of total 3 years 2 month experience)
4) Wages around 90k is sufficient in the PERM filing for above requirement?

Thank you.


New Member
Hi Rajiv-

This is regarding the Marraige Certificate and Birth Certificate for my Parents to apply for their I130 application.

My parents dont have a marraige certificate and Birth certificate currently, can you please let us know what are the other alternative evidences that we can provide for the I-130 application in place of the Marriage certificate and Birth Certificate? (My Parents are 60+ currently)

Thanks a lot for your help!

johon bosco

New Member
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