Video Recording for March 6 Conference Call

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Staff member
Recording available for March 6 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: March 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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RFE after First Interview for GC. Possibility for 2nd Interview?

My cousin and his wife had an interview couple days ago and today they received letter from UCSIS that need to submit more documents (RFE), along with the optional DNA testing. First interview was just ok. He told them that they will get either DNA testing or may be second interview.

our ques:
1} Since, DNA testing optional, Can they Skip it? His wife is very hesitant to do DNA testing? Does that raise a suspect ion?
2)what are the chances for 2nd interview?

Any Help will be appreciated.

Do u have similar experience?


New Member
H1 B - gap in between

Dear Friends,

After working on j1for 3 years, I have obtained a H1 B visa through the same employer in 2012, which was valid till 2015. However, after working for one year, I voluntarly left the job and came to India.
I want to go back and my employer is willing to give me a job again. Can I use my existing visa or do i need to get a new h1B for the purpose ?

can someone advise ?


Registered Users (C)
I have a question regarding the EB green card through a different employer then where I am working.

I am working for employer A on H1.
Employer B is ready to file my green card and okay if I join only after receiving the green card through him.

Ques 1: Is the above scenario is legally permitted. I mean can Employer B file my green card even if I am not working currently with him?

Ques 2: If yes, will I be eligible for H1 extension beyond 6th year with Employer A when I-140 is approved through Employer B's EB2 petition?

Ques 3: What's your suggestion on above situation, what's my best bet to go for?

Thank You Rajiv.


New Member
Re-Use of old H-1B

Hi, Attorney Rajiv

Thank you for this free Conference call.

I came to US on Dec 2007 with L-1B. Before completion of L-1B, one of the consultancy filed H-1B for me in April 2012 and approved for extra 1 year till Dec 2013. But, I requested the consultancy to revoke the H-1B because I didn't want to join in that company. Later my L-1B company filed L-1A for me and I am staying on L-1A till now and it is going to expire in Dec 2014.

1. Can I use my old H-1B with same H-1B company again or different employer under Cap-Exempt, If I stay 1 complete year in India immediately?
2. Or It is not valid because I didn't join them and I requested them to revoke?

I checked my H-1B status in USCIS website and it is still showing Decision and approved status.

Please suggest so that I can take few decision if this works.

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New Member
My parents both lost Green card in US, can we expedit this process. 5 month passed

My parents lost Green card in US when their son's house had a burglary. I applied for my parents green card in Sept 2014. In October finger printing was completed. The status on their application is just showing that finger printing request has been made. I called USCIS on Feb 03rd 2014. They said they are currently processing May 2013 cases.
Is there a way where by parents can go to india and I can let the green card sent to them later. Will they have travel issues during their transit or in india. Do these type of cases take so long? Is there any other option then to simply wait.


Registered Users (C)
H1B - Transfer after I-140 Withdrawal

Hello Sir,
Thankyou for your service.

I have PERM (dec, 2010)and I-140 (sep,2011) from my previous employer A and completed 6 years on sep,2012.
I used employer A`s I-140 and transferred to Employer B (current) and got H1-B till 2015.

Employer A withdrawn the Approved I-140 recently. (As they are getting RFE's for their employees -1-140's and H1Bs )
I have asked my current employer B to start GC process. I know the new PERM and I-140 takes almost 12 to 24 months and I can retain my Dec, 2010 PD.

1. If I get another offer from employer C, does my H1 Transfer gets approved? I know I-140 is not active, but the old PERM is submitted and approved and it was more than 365 days. Does USCIS consider this and approve H1 Transfer for an Year?
2. What is are my chances if my new PERM started now has rejected after 12 or 24 months.
3. Can my old employer A still has a chance to re-submit new I-140 based on OLD PERM (Dec, 2010)?



New Member
Travel on Advance Parole

I have applied in Nov '13 for GC for my mother - concurrent processing. We just received the Advance Parole approval from USCIS. We also got a letter from USCIS today that she willed likely get interview waiver; and they also
informed that their process is going slow so it will take up to 6 more months for her process to be completed. I am guessing it will get done by July '14.

Q.1. For how long can she visit India (home country)? Can she go for 3 months?

Q.2. when filing her AP application, we had written that she would visit home country for about 30 days. Will visiting India for longer duration (3 months or so) be held against her?

Q.3. What happens if teh green card gets approved while she is still in India?

Kindly advise.

Thank you for your help,


New Member
Question about GC in L1-A visa without degree

Hello Rajiv,

I have a unique situation here and hope you can help me out.

14 years of overall IT experience and performing Manager - Service delivery role for past 3 years. Planning to enter USA in L1-A visa. I have a team of 30 resources, working in India, China and USA. They all report to me.

I already worked / stayed in USA for 5 years in L1-B visa. Since I reached max time, I m back home now. After my 1 year stay outside of USA, planning to apply for L1-A and enter again.

L1B stay - Jul 2008 to Aug 2013

1. How long I need to wait to initiate the GC process after entering USA
2. Do I have a choice of selecting the type - EB1 vs EB2
3. I dont have bachelors or masters degree. Will that be a barrier for applying GC
4. Should I apply ONLY through my employer or can I apply myself

appreciate your help and guidance


New Member
Employment based GC and intent to stay with the sponsoring employer

Hi Rajiv,

Thank you for your great advice through these conference calls. Below is a brief of events in regard to my GC process:
1. Working for Employer A for the last 9 months. Applied for EB 1 B based GC in July 2013.
2. Just after filing I 485, Employer B contacted me with a job offer. Emailed employer B expressing interest in the offer and mentioned that I could join them after obtaining GC.
3. Employer A could have access to this email, if he wants.
4. Obtained GC in Dec 2013.
5. Planning to resign from A and join B in March.

In light of these facts, I am wondering whether there is any risk in doing so. Can Employer A report to USCIS and get my GC revoked, if he is not happy with my decision?.

I appreciate your comments on this.

Thank you

Amna Nadeem

New Member
Question about dependent status

Hello Rajiv,

I have approved I-140 under EB-3 category thru my current employer and I had filed my husband and three children as my dependents. Currently I am working on H1-B with my sponsored employer and my dependents are on H-4.

My priority date is April 08, 2011 which becomes current in November 2013 and I am in a process of applying for change of status I-485 for me and my dependents.

I have a question related to one of my dependent daughter who is turning 20 in March 2014 got married in December 2013 with an American citizen and she is pregnant now and next week we have a medical examination appointment. So I am not sure about her being pregnant and dependent whether she still qualify to apply for change of status under my application or not.

I hope you can guide me in right direction.

Thank you


New Member
DOB mismatch

Dear Rajiv,

Thanks for the continued free service. We had availed this service 3 yrs back for our PD porting Q.

Currently, my query is wrt to DOB mismatch in Birth certificate (BC) Vs all the rest of the docs. I am secondary applicant. My husband would soon be filing for I-485 for us, which requires my BC. My father lost the BC and we found through municipal office in delhi that the DOB is different than my official docs. My father told me he did this to put me in school earlier. What should I do?



New Member
6 Years H1b over on Nov 2013, how long to wait before I can reapply in H1b quota?

Hi Rajiv Sir,
Thank you for providing us this forum to clarify our doubts. It's been of invaluable help.

My Situation:
1) I have an undergrad degree from USA + 7 years US experience.
2) My company had applied for my GC, but they+law firm had issues in filing my GC
3) As a result, they couldn't file my GC.
4) Oct 1st 2013 was my 6 year H1b end date. Same company filed for an extension of H1b (based on days spent outside US while on H1b). Got copy of receipt.
5) Law firm had calculated it to be 55 days. Making my end date Nov 25th 2013
6) Nov 24th 2013, I left back for India.

Now I'm looking to arrive back to USA as soon as possible.

1) I read I can re-enter on H1b after having spent 365 days outside US. Does that mean, If I come to the USA on any other visa (visitor, F1) before the 365 day period, I won't be able to apply for H1?
2) If I do enter on another visa, is it a) Clock of days spent outside gets reset to zero? Or b) Just the number of days I spend inside USA, I'll have to spend an additional those number of days outside USA (eg: If i visit USA for a week in May, do I have to extend my re-entry on H1b date for a week from Nov 25th to Dec 2nd)
3) A company who I am liasoning with to apply for my H1b says, they can only apply for my H1 6 months into my 365 day stay outside US. That means, to apply for an H1b this year,as I was in USA till Nov 2013, they won't be able to apply for an H1 in April 2014 for Oct of this year. They'll have to wait till June 2014 to apply for Nov 2014. Is this a correct assessment on their part?
4) To apply for H1b, does company need to show job offer/contract?
5) Will my Reapplied H1b be in cap quota or exempt from the H1b cap? (based upon degree + yrs of experience).
6) If a company applies for my Green Card while I'm in India, would the process be any diff, than if I was in USA on my H1b? (eg: job offer letter needed, reason for hiring outside of country).

I appreciate any feedback on this.

Thank you.


New Member
Prior deport background check?

If client thinks they were fingerprinted when crossing illegally (by border patrol) where would these prints show up? USDOJ/FBI prints? FOIA? Please advise


New Member
EAD Renewal Delay

Hi Rajiv

My EAD is expiring in 2 weeks , it has been more than 100days since I applied for my renewal ( Total of 118 days from Time of receipt notice to time of EAD expiry)

I called USCIS and asked to file an expedite request,

This is the response e-mail I got from USCIS

“The expediting of a case allows it to be sent quickly to an officer for adjudication. However, your case is currently under review by an officer. Most applicants receive a decision or correspondence within 30 days, although most individuals receive their cards earlier. Please contact us again if you do not receive the document or other correspondence within the 30 day time frame”

My question is :

In case I don’t get my Renewal in time what are my options ? can I go on Paid Vacation/LWP ? or do I have to quit my Job

PS: I don’t seem to understand why they have the time limit (120 days in advance) imposed on us for applying renewal if they are having hard time adjudicating the cases

Thanks for your help


New Member
College scholarship with AOS

Dear Sir,

Thank you for your time.

We have applied for labor on 23rd of Sept 2003 for green card under EB3-India category. We have been living in New Jersey since 2000 , our son was 3 when he came here and his entire schooling was done in NJ.

He applied to NJ state university in last year hoping that we will get the GC within three months as the processing date was 21st Sept 2003 at that time. He was recently offered a Presidential Scholarship (covers full tuition and dorm) for his undergraduate program, which needs a permanent residency status at the time of admission.

After retrogression (15th Sept 2003), we are not sure if we could get a GC before May 1st which would be the deadline for admissions. The scholarship may be denied to him if he cannot provide his green card. We do not want him to lose this prestigious offer as this would help with his future to a great extent.

We would like to know if you have come across any case like this in the past that could give us a clue what to do. Our son is a very bright student attending a magnet school and we are desperately looking for a solution to help him. Please advise us if there is a way to deal with this issue.

Thank you in advance
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New Member
I 485 Interview decision

Thanks for taking time to read this and help us.

We went for our GC interview. The person who took our interview was nice and went through the application, it only went for 25 minutes and the person only asked me few questions about our relationship. Officer asked my husband about my DOB, he was a bit nervous and he messed up the date but gave the correct one later on.

Officer than continues on with my application and later asked again how long we knew each other my husband fumbled i guess he was just very nervous any how he gave the dates. Officer went through supporting docs and asked few minor questions. Officer told us we will know in few days about his decision.

Our attorney said the interview went well and we felt that too. Other than bit fumbling from my husband side. Officer did not asked us much at all about our relationship just the very basic which i answered correctly.

We checked our status and found out that it was denied we were shocked.

My questions are :

Is it possible that it can be a mistake on the site as previously my case status had said that i have my green card in production even before my interview was conducted. Do they make these kind of mistakes.

Its my husband second marriage, officer did not ask him about his previous marriage other than why it failed and where was she from which he answered correctly.

My current student status ends March Mid this year. Do i need to renew my status ? Also my EAD is good till Nov of this year. Can i use it and still work?

Our marriage is bonafied what can we do and what are the chances to get a favorable decision if we file MTR or file an appeal. How long can this process take ?

We strongly believe this is a clerical administrative mistake on their part. How can we know if that's indeed the case is their a way for us to expedite this ( we says this because of the error last time on case status update that showed i have my GC in production even before the interview date).

In Summary :

The mistake that we had made was: My husband taking time to reply on my DOB and how long he had know me for. he has never been good with dates.
The officer also ask me if i work which i told him i do and i hep him in his business and he pays me a salary he said fine and never asked me anything else on it .

We are quiet worried and stressed due to this.Thanks again for all your help.

Best Wishes


Registered Users (C)
I am currently in India and have 3 year of H1 stamped and my EB3 I140 approved (priority date is 2012). Currently there are no projects within my current company through which i can travel back to US. I had few questions

1) Can some other company do my H1 transfer while I am India ?
2) I have been in India for 3 months now and only have my US paystubs until November 2013. Will this hinder the H1 transfer process ?
3) Once H1 transfer is done, can I reuse my currently stamped H1 visa to travel back to US


New Member
H1B to H4

Hello Rajiv ,

Thank you for this Community Conference Call .

I got married in 2009 and my wife accompanied me with a H4 Visa stamp on her Passport . My wife filed for H1B in 2011 was working on H1B till last year , when she was pregnant and we had a Baby in April,2013 . After that she was not able to continue to work due to health reasons ; and she was not paid . We planned to convert her status to H4 back then ; but that got delayed due to different reasons . We are now looking to convert to H4 asap .She has never had an H1B Visa stamped . I have been on H1B with a big US Based corporation and fully maintained my status .

Which is the best way to convert to H4 in current Scenario
a. Should we try to file for Change of Status while staying in US ( Should my wife try to now work for 3-4 Months ; get paystubs and then try for COS Filing )
b. Is it better to exit the country and get H4 stamped and return . When my wife goes for her H4 stamping ; is it better that I accompany her and we get H1B and her H4 together (my H1 stamping is also due) OR sending her for H4 alone carries any risks of questions being asked on her previous status . What are the chances that they ask my wife for her previous status documents , when we go for H4 stamping .


Registered Users (C)
Question abt h4 stamping, port of entry with change of employer

Dear rajiv ji

Please find the summary of case in points
- i am on h1 with employer A and my wife on h4
- both our visa stamps are expired but both have valid i-797 through 2016.
- my wife wants to travel to india lets say on april 5.
- i am in a process of switching employment to employer B on h1 and most likely will switch around april 15
- she plans to be back on may 5

My questions are
1. can she get an h4 based on my current h1 with emp A and travel back on may 5 when i would technically have switched to emp B? Any issues at port of entry?
2. If the above is true, would that visa stamp of h4 above be valid if she travels again to india say in 2015? I would be working on h1 for employer B. Will she have to get a new stamp although the existing stamp would be valid date wise?
3. My new employer A attorney said the do not need to file for her h4 as she already has a valid 797 and i-94 through 2016. They only need to transfer my h1 from emp A to emp B. Is that a correct understanding?

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