Video recording for March 20 Conference Call

Not open for further replies.


Staff member
Recording available for March 20 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: April 3, 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.
Last edited:


New Member
FAQ: J1 Waiver to Green Card through spouse who is on H1B

I am on H1B with priority date of 7th Feb 2011 and my spouse is on J1 doing her residency with 2 year HRR. We are hoping that my spouse will find a J1 waiver job and convert her status to H1 by July 2015, now we have below questions,

1. If my priority date gets current in late 2015 can I add my spouse to my AOS application(before her contract with J1 waiver employer is over)
2. Our kids are toddlers and both are US born, is it possible to get Hardship waiver for my spouse.

Last edited by a moderator:


New Member

hi guys
I and my husband arrive to states two years ago with F student visa, we are in status but our visa expired,and now we want ti apply for asylem I would like to know from 3 years ago till now is rules changed for asylum?
I and my husband are interested to Christianity through these years and we change our religious ,so is it possible to approved for asylum or we need other political proof?:(:confused::confused:


New Member
FAQ: AOS application processing order

Hello Rajiv,

I have a few questions concerning my ASO application.

I am from India. I have applied for my AOS (along with EAD application) about 10 weeks ago. My I 140 was approved under EB 1. I have seen some applicants getting their EAD (and in some cases even GC) by this time. Processing center is NSC.

1. Just wondering based on your office handled cases, what are the average times to get EAD and GC (normal cases without RFE) you observed recently.

Another thing is that I was reading an SOP on I 485 adjudication procedure some time ago. This document was about 10 years old and as per this document, all AOS applications are staged based on fingerprinting dates. I see several applicants wondering about the basis for adjudicating some applications which are submitted much later than their applications. It would be a great help if you could record a video on how the AOS applications are adjudicated (clear procedure). If you have already done this, please ignore my request.

Thank you
Last edited by a moderator:


New Member
FAQ: need help on below H1B questions

I need help on below H1B questions
1) Holding a H1b petition and I797 with employer "A" is valid till June 2015, let's say employer B has filed petition for transfer and it got approved on April 2014.
Then does the petition of employer "A" is valid even after B got approved or does it becomes void from the date it got approved with B.

2) If after approval with B after working for few days / or maybe without working a single day with employer B,if he wants to Join back employer A, does employer A has to file petition again from B to A transfer.

3) At a given point of time, can one have more than one valid petitions lets say Employer A 01/01/2012 to 01/03/2014 Employer B 01/02/2014 to 01/03/2015

4) If transfer / petition of employer B failed ,does this affect the validity of employer A?

Last edited by a moderator:


New Member
FAQ: H4 Stamping on Pending H1B(180 Day Rule)

Hi Rajiv,

Here is my Case Story:

Applied H1B transfer from Company 'A' to Company 'B' in Apr 2013 and my Payroll with Company 'B' since then. Got RFE and upgraded to Premium processing while responding and Along with that filed COS from H1B to H4 for my husband on Oct 1st. His previous H1B I-94 expiry is Oct 3rd and H4 receipt date is Oct 4th which is day after I-94 expiry. His Extension got denied on Oct 18th and filed COS before that to be safe side.

Below are my questions:

1) Does 180 Day Rule Applicable to him as H4 Receipt date is day after H1B I-94 expiry. If Yes, He has to go for H4 stamping but my transfer petition is pending in background check after upgraded to Preimum.

2) Can I move back to Company 'A'(valid till Sep 2014) and have One Paystub then he can go for H4 stamping?

3) Moving back from Company 'B' to Company 'A' is straight forward or DO I need to apply Extension/Ammendment?

4) Will there be any problem at consulate as my petetion got struck in background check.

5) Do you suggest filing WOM for Transfer Petition.

My Six year H1B period will end in Sep 2014 and PERM is still in process and there is no hope that will come by Sep 2014. So My Husband has to come from H4 to H1B status before Sep 2014.

Please suggest which is the best and feasible option as we have less time.

Thank You!
Last edited by a moderator:


Registered Users (C)
FAQ: H-1 Letter

Hi Rajiv,

I have a few questions regarding my H1B extension process:-

1. My Employer is a consulting company and I am working for the client through vendor. Client has provided me a letter having vendor name specified but employer's name is not mentioned. The letter has information like "It's a long term project " but doesn't have any assignment end date.
Is it okay to get extension based on this letter or do we have to have a vendor letter as well with employer's name specified ?

2. I have completed 4.3 years on H1B visa and my I 140 is approved. Since H1B is for 6 years and I just wanted to know for how many years of extension will I be getting remaining 1.7 years or 3 years ?

3. My H1b is valid till first week of August 2014. Can we initiate H1b extension process in premium now ?

Last edited by a moderator:


New Member
H1B Transfer vs Filing new H1b using previous year quota


I'm holiding H1B visa and I797 with validity till July 2015 and haven't been to USA on this visa yet. Presently in India.
I have come across a prospective employer from USA who is offering me a job with his client.
As I haven't been to USA, the new employer from USA is stating that they cannot file H1-B transfer so they are insisting to file a new H1-B and try to use the Previous Year quota.

I need clarification on below questions,

1) Is my case eligible to file a new H1B using the previous year quota ?
2) I believe H1B transfer is just a word often used , instead it requires more or less the same paper work and documentation while filing a new H1B using previous year Quota. The only difference I could see is, In case if the employee is already in USA,then no need of new visa stamp where as if the employee is outside USA then he has to get new visa stamp of the new employer.
Is My understanding correct about H1B transfer ?
3) What difference does it make between H1B transfer vs filing new H1B using previous year Quota ?
4) Assuming that new Employer has filed for H1b petition and it has got approved and when I appear for consulate interview, if visa is denied will the existing employer petition and visa get's void automatically ? Can I use the existing visa and petition in future?
5) I want to Join the new employer only once H1B petition is approved and visa is granted other wise I want to stick to my present employer. Does this possess any problem at consulate interview for visa stamp.

Last edited by a moderator:


New Member
FAQ: Company Spin-off and Impact on H1B and GC.

Hi Rajiv,

I am currently on H1B (valid till Sep 2015 - have Approved I-140 with PD of Nov 2011) working for a Media Company A which is spinning off in Company A and Company B. I will be employee of company B after the spin in May with different EIN . What's the impact of this spin off on H1B and GC processing, does Company B need to Amend the H1B and refile LC and I-140 ? Also how does the successor-in-interest term works in similar situations of spin-off/mergers acquisitions?

Last edited by a moderator:


New Member
I-130 Approved -I 485 Denied

HI Rajiv,
Thanks for all the help that you provide us :

We recently had our I 485 interview it went well. However i-130 got approved but i 485 for denied we got a letter sating that since the visa number was not available they had denied this and were told to leave the country accordingly.

Our attorney said it was a error on their part as they should not have denied it and we should have just been told that they should have just left it till a visa number was available we just missed it by a week as per the letter. He suggested that we should file for MTR paid one and they will see their mistake and re open the case or we can send for a clerical service error but they often dont even acknowledge this.

Our question is what would you suggest if you were our attorney?

Is my spouse EAD and advance payroll denied too as her case was denied. he current EAD and payroll is good till end of this year her i 20 finishes 2 days ago as a back up we have applied for another one does she need to go ot school if her EAD and payroll is good as our attorney stated that they have to send us a letter separately letting us know they are revoking this so we are confused on what to do or not. can you suggest what we should do if you were our attorney what route would you suggest?

Can we file for the MTR or send a letter ourselves what is your experience is such cases. Since the mistake is their's and we are the ones going through it will they if they admit their fault pay us for the fees that we had to pay them.

We are confused on what we should do and can really use your expert advise .

I am not a citizen yet and will be becoming one some time this year should we just wait and sit tight till i become a citizen and than apply all over gain whats the best route that wont cost a leg and an arm that we should follow that will help us.Our attorney says we dont know if it will take 90- days or over 6 months from the time i file to become a citizen.

thanks J


New Member
FAQ: H1-B Extension Beyond 6 YR Period

Namaste Sir

Currently on H1-B, First Cap counted, and 6-YR expire in Dec 6 2014
PERM Filed little late by Employer due to some budget issues, with PD of March 07, 2014
Currently Pending PERM with DOL

Options with respect to H1-B extension beyond 6 YR Period (based on my understanding) -

1) Go out of US Land before Dec 06 for required calendar days and come back to US - Apply for extension based on PERM
Filing date + extra Unused H1-B period

2) Leave US on very close to or on Dec 06 - Wait until I-140 gets approved and file H1-B extension based on I-140 Approval
I heard this would be allowed based on AC21 even if I would not be on the US Land, and would not be in current H1-B status
beyond Dec 2014.


A - Are there any other options other than item 1 and 2 ?

B - Is Item 2 a valid option in the first place ?

C - In case of option 1, can I be actively employed with my employer while accruing extra unused H1-B days (work remotely
or work in a diff country) and paid the regular salary in the US ?

D - Same Question as Item C, for option 2 above, with respect to period after Dec 2014, where I am waiting for I-140
approval and subsequent H1-B extension as explained in item 2

E - In Option 2, would there be any issues while stamping H1-B after the extension ?

F - In any of these options, could there be any issues while getting a H-4 stamped for my wife, based on my H1-B Extension

G - Any other grey areas or caveats in these 2 options or any other options

Last edited by a moderator:


New Member
Out of USA for many years

Hello Rajiv,

A (Husband) resigns from his job and A & B (Wife) leave USA for India in mid-2007, a few weeks after fingerprinting. A starts a new job in India. B is a homemaker. "A" gets his Green Card at end-2007, which is valid till end-2017. B's Green Card gets lost in the mail, and after a year of correspondence, B also gets her Green Card in 2008 (but dated end-2007 and valid till 2017). "A" visits USA atleast once every year since 2008 on Re-entry permit.

B's brother gets diagnosed with cancer in mid-2008, gets his treatment done at B's house in India and dies in March, 2009. The day after B's brother dies (in March, 2009), B gets an attack of Rheumatoid Arthritis and then is bed-ridden for more than a year. Coincidentally, B was diagnosed with Rheumatoid Arthritis in early-2007 (before leaving for India) but there was not much pain so it was ignored.

A has been trying to get a job in the USA since June, 2010 but the job market has not been good due to the weak economy. Now, A has applied to his current company for a transfer to USA and A's company is considering it.

B has not visited USA since leaving in 2007. B would like to travel to USA in summer, 2014. The goal for B is to re-enter the US and re-establish her Permanent Resident status. This will keep her Green Card alive so that A & B can move to the US as soon as A finds a job or A’s company transfers him there. At the same, B can travel to the US later this year.

A & B still have their bank accounts and credit cards in the US. A renewed his Driver’s license too and has received 3 Re-entry permits. A & B have been filing “Married Filing Jointly” tax returns as “Resident Aliens” every year.
A & B’s two children are US citizens; With cousins in the US, there are family ties to the US too.

Should B simply fly to USA and carry her medical papers and explain the situation of her ill health preventing her from coming to the USA earlier? What is the probability of this working? Will B need to apply for a Returning Resident Permit (RRP)? If yes, how should the case be presented? How should B try to prove that her absence was temporary and she never planned to abandon her U.S. residence? What is the probability of B getting the RRP? How long will the process take? What are the costs involved? If B does get the RRP, what are the next steps?



Registered Users (C)
Need help on usage of EAD

Need help on usage of EAD

I have been working with my GC employer for 6 years on H1B, and got EAD in 2012. Now I got a better offer from another employer with same skills and same line of work responsibilities.

1) Is it safe to use EAD? I know H1B will be invalid once I use EAD.
2) If I want to use EAD, what is the process? The future employer has to file AC21?
3) If I shift to new company, I think the old company will cancel my H1B. What about I-140? Is it mandatory to cancel I-140 also? If they cancel I-140, will there be any issues down the line for my GC?

Another question not related to above, but AC21

The company A sponsored my GC application, and got EAD in 2012. My employer has two companies. After filing 180 days of filing I-485 application, he shifted me from company A to Company B, and closed company A. At that time I had valid H1B on company A. So my attorney did H1B transfer from company A to B, and new H1B is valid until 2015. This was happened in 2013, and we didn't file AC21.
1) Is it required to do AC21? If so..since I didn't do it at the time of transfer, Will delay in filing AC-21 jeopardize my I-485 application?
2) What would be my status after filing AC21?
3) After filing AC21, will my H1B still valid?
4) Since the I-140 filed company (company A) is closed, is there any problem to my I-485 application?

Last edited by a moderator:


Registered Users (C)
Hello Sir,

In next 2 months I will get my citizenship interview. Is it okay to file I-130 for my MOTHER now without having a naturalization certificate? Reason to do this is to save processing time of I-130 approval while waiting for citizenship call. Once I become citizen I will update the file by sending a copy of my citizenship certificate.

Usually I-130 takes about 5 months to get approved, (only NOA is issued with case no.), so in this 5 months file will sit idle and no one will review the I-130 petition, in meanwhile I will also get the citizenship. My purpose is to use citizenship wait time towards the I-130 approval, if I can?

Thank you in advance for your service.
Last edited by a moderator:


New Member
FAQ: Unpaid Leaves on H1B

Hi Rajiv,

I entered the USA on 7th-Feb-2014 and reported to employer on 10th-Feb-2014 with a leave request in hand.
I required leave for 2 reasons,

1. I was down with fever and cold (I did not go to a doctor and managed to treat myself with medicines I brought from India, so no doctor visit and no proof)

2. Secondly I had to find an apartment to settle. Not to mention the weather was also not very supportive for apartment search.

I applied for leave till 28th Feb and my employer approved the same BUT did not pay me or run my payroll as I was on leave.

Was I out of status for that duration ?
Can something be done to correct my mistake?
What would be the effect of this on future immigration interactions like H1B xfer with USCIS?
How bad is to be out of status for initial 30-45 days after entering the US on H1B?

Secondly, the project/Client for whom I had to start from 10-Feb-2014, delayed the joining to 18th Mar 2014 after coming to know about my leave plans. So I will start working for the client from 18th-Mar-2014 and will be paid only for the hours I accumulate from 18-Mar-2014 till 30-Mar-2014 (Consulting firm will not pay until I start working for the client).

Please let me know if that again will be a problem. I want to correct things from my end but not sure what to do?
Please Please Please suggest.
Last edited by a moderator:


New Member
FAQ: H1B Amendment and LCA filling

H1B filed by a Desi company for an internal project. I traveled to the US to work on this internal project but the client sponsoring this project scraped the whole project.

Current situation is H1B was filed for Internal Project and LCA had location of the consulting firm.
I got another project i.e Me-->My Employer--->Vendor--->Client. I have to start working for the new client at client place.

My employer is saying that they will file an LCA right now and I can start working as soon as the LCA is filed.
Is that correct? I do not have to wait for the LCA to be certified.

Also employer does not plan to file and H1B amendment until I settle at the new client place.

Is it my (Employees) responsibility to make sure that H1B amendment is file or is it responsibility of the employer?
Shall I start working for the client once I get the receipt of LCA filing?
Employer delaying to file H1B amendment and promises to apply H1B amendment once I join the project and settle.

I am NOT sure if these are my responsibilities or Employers.
Please suggest.
Last edited by a moderator:


New Member
Doubts related to GC holder applying for I-131 and having plans for future Naturalization

Hello Sir,

I have my GC through employment (EB1-3) for close to 2.5 years and still working for the same employer. Now, due to personal reasons I am planning to apply for a re-entry permit and get an internal transfer back to India office. And am planning to come back to USA after setting up my family back in India(putting my kid in school and spouse taking a job in India) within 6 months. But there is a chance that I may not be able to come within 6 months through my current employer. So I may have to quit my job in India and travel back with/without job to USA. Hence applying for I-131 for all of us. But planning to keep my car, bank accounts and maintain physical address through friends. Now,

1. Can I quit my job in India and take up a new job due to travel within 6 months period? And will that pose any threat in future for Naturalization?
2. Should I use the I-131, even if I could able to come back in less than 6 months? Or just use my GC to get in?
3. Will there be any question about this I-131 during naturalization process since I applied for I-131 or it will be questioned only if I use it? Like even If I didn’t stay more than 6months out of country, will that be an issue?
4. My family will be staying in India and may visit USA once in a year with approved I-131. Will that be an issue for my naturalization application proving that my close family is not in USA Or my application is independent of my spouse status? FYI, My eligibility for naturalization will begin around Aug 2016.

Thanks in advance.


Registered Users (C)
Dear Rajiv ji

Short summary of a what if scenario

1. I apply for employer change from A to B.
2. Wife goes to india and stamps H4 based on Emp A H1 petition.
3. I put the papers on Apr 18 with 2 week notice. Thus my last day at emp A will be May 2 - Friday.
4. Coincidently wife's port of entry date happens to be 4 May which is a Sunday
5. This day is when i am officially out from emp A but bot joined Emp B either

My questions are -
1. Can she travel on the date above?
2. If so which H1 she should use, if asked?
3. Is there any special documentation she has to carry to cover for this unique timing issue?



New Member
H1 to H4- COS (I-539)

Hello Rajiv ji,

I am working currently on H1B thru a staffing company and my project is going to coming to end on March 21,2014. I am looking for new projects in mean time. But I am afraid that to be safer side move on H4.

My questions are:

1. How long can I wait to find new project in case my employer withdraws h1b say on 21st March?
Can I file COS via efile option by myself? if not, please state your attorney fees as well.

2. Say I filed my COS soon and may be find an employer willing to do H1B while my COS is pending/not approved? Will I be able to do that?

I would appreciate your help. Thanks


New Member
COS and India visit

I came USA on L2 visa [dependent] in May 2012.

Before that I was working with USA company from India since 2007, it is kind of work from home(remote wprk) option.

Since Nov. 2013 I am on H1 with same USA company via COS.
I am planning to visit India in coming May. My employer is not having any objection about no. of days stay.
He is allowing me to work from India and he will generate pay stubs here in USA. I want to know...

1. How many days I can stay in India in such situation?
2. I need to go to VISA stamping interview along with my son... generally what documents I will need from my employer for interview process to be smooth.

Not open for further replies.