Video Recording for US Immigration related Community Conference Call, October 16


Registered Users (C)
Dear Rajiv Sir,

I am on h1 , 9th year and my company(seller) is being acquired by another company. The company which is acquiring(buyer) is not interested to sponsor my H1. I have another employer interested to sponsor H1(New Employer) .
I have few questions
Q1. What happens if the the buyer company revokes my I140 ?
Q2. My new Employer is willing to sponsor my GC for a different position than the one in my current I140 (and 9089). Can I port my priority date for a different job title and skills than the ones in the approved I140 ?

I am thinking of returning to India if this doesn't work - are there any other options ?

Thank you and I appreciate your help and guidance.


Registered Users (C)
Hi Rajiv,
One More question.
My I485 was filed on July 1st 2014 when my date of Oct 2007 was current. Technically its still current till Nov 1 st correct?. Is there any hope of getting the green card before that? I did get the EAD and finger prints were done on 18th sept 2014
FAQ: Green card through marriage if spouses are living away because of personal/work reasons
Hi Rajiv,
I have a situation where me and my wife stay 2 hours apart from each other and wanted to seek your opinion as to, if its advisable to seek GC based upon my marriage to us citizen (my wife).
I am on my H1 working for an university, good until june 2017 and can be extended by 1 more year.
Have no criminal or civilian convictions or citations nor have filed for bankruptcy or have any financial black marks on my profile.
Entered US on f1 2009.
Granted Exempt category H1 June 2012.
Finally, we got married recently.

Any help on this matter would be really helpful.
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Dear Rajiv Jee,

Here is the brief summary, how I got my Green Card through consular processing and problem statement. Request you valuable feeback and advise.

· Started Employment with Company A – Dec’2005

· Applied for GC with Company A – 2007

· Labor Approved – Jan’ 2008

· Moved to India and joined Company B- June 2010

· I-140 approved with Company A – Oct 2010

· Changed to Consular Processing- Dec 2011

· GC Approved thru Consular processing in India July 2014.

· Entered US in mid of Sep 2014

· Working with Company A since mid of Sep 2014

· Received Physical GC Card- Oct 2014

It has been a month (4 weeks) since I have been working for my employer (Company A). But unfortunately they have not run any pay roll so far despite many reminders. They have also not filled and signed any I-9 form for me. I also don’t have any offer letter from them. The only letter I have is the copy of the letter, the company has written to US consulate in India which mentions that Company A intends to re hire me with X position with a XX salary per annum. Though, I have one letter from HR (Company A) confirming my services from Sep onwards and medical benefit card.

1. Under this situation, can I leave the employer immediately without any pay roll?

2. Will this affect my naturalization after five years?

3. What all precautions I should have before leaving this employer.

Thanks for your help!
FAQ: B-1 or B-2 visa extension issues
Hi, I am considering applying for B2 Visa extension (for 3 months) for my mom. I would like to understand if it is legally permissible to continue to stay in the US beyond the original I-94 allowed data while awaiting approval on the extension or would she be considered to be in violation?

Your advice is greatly appreciated!
Kind Regards,
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FAQ: Change in job title/description while PERM-based green card pending
Hi Rajiv,

Thanks for taking these questions.

My H1B filed with a title of Sr. ERP Engineer and my visa also got renewed couple of times with the same title in these past 8/9 yrs . My I140 is approved and now my company has promoted me as a Technology Manager. On this matter i have following question.

1. Do i need to file PERM again? Which i want to avoid because filing a new H1B for Manager position is difficult to sell to USCIS.

2. Is there any way to avoid filing new PERM & I140 and still keep the new title/position? If yes then what is it.?

Thanks for your help.

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Dexter 10

Registered Users (C)
Hi Rajiv,

1. Place of Birth: India
2. Citizen: Canada (2005)
3. HRR: Canada
4. I am a Physician. Did IM on J visa (2008-2011). Statement of Need issued by Canada. Then went to India to work for 2 years, so did not complete 2 year HRR, as I should have gone back to Canada.
5. Came to USA after 2 years for fellowship, again on J visa. Statement of need again issued by Canada. Although I was temporarily residing in India, option to get statement of need was from either the country of residence or the country of citizenship, as per ECFMG. ECFMG issued a 2nd J visa.
1. Do I have to do 2 waivers or 1. I believe USCIS website says 1 waiver.
2. Can I work in USA on H visa without a waiver, and do my HRR back in Canada after a few years of working in the US. Alternatively, do my waiver job in the U.S (apply for waiver) after working on a H visa for a couple of years.
3. Little confused cause it seems as a Canadian citizen I can work on H visa but not if I don't have immigrant intent, hence cannot apply for green card till I do my HRR or waiver job. I understand that H visa may show immigrant intent, my recruiter told me that it may be possible to start work on H visa in July and then apply for waiver in October. This is obviously if my employer is in a designated under served area in the first place.
4. Spouse also Canadian Citizen on J2. Once spouse is on H4, after i get my waiver and H1, can she change her status to H1, TN or EB visa. Latest memo from USCIS says that J2 cannot change to any non-immigrant working visa till J1 finishes the 3 year conrad 30 waiver. However, they are considering changes to this. Does this mean that spouse cannot work till I finish my 3 year waiver?

Would greatly appreciate your help in clarifying my doubts.