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  • Video Recording Available for May 29 Conference Call

    Video recording for May 29 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: June 19, 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.
    Last edited by monica1; 2nd June 2014, 05:55 PM.
    Forum Administrator

  • #2
    Dear Rajiv,

    I'm from India and I am getting married to an H1 visa holder in July and planning to move to the US in August or September. My fiance wants me to move there on an H4. I personally find this to be not such a great option - because the whole idea of not being able to work after moving there seems quite unimaginable.

    In case some background information is relevant, I'm an MBA from one of the top universities in Singapore. I have also done my Chartered Accountancy from India - plus I have a Masters Degree in Commerce . I currently work as an assistant manager in an Indian multinational - and my total work experience is 1.5 years (3 months in Dubai and the rest in India). I have the following questions:-

    (1) If I go to the US on an H4, would prospective employers even think of employing me considering the fact that I can apply for an H1 only in April 2015 now and would be available for work only by Sept/Oct 2015 i.e. after almost a year??
    (2) My fiance repeatedly insists that I should study in the US - and take the advantage of an OPT. This option does not sound particularly appealing to me because I already have two masters degrees plus my Chartered Accountancy - there isn't much left for me to study. After going through several possible courses from many universities' websites, nothing seems particularly challenging enough. And I do not want to study any random stuff just so that I can get the benefit of an OPT.
    (3) I am considering speaking to my company about possible employment in the US. They do have a small office in Pittsburgh - but chances of them allowing me to work from there are slim. However, I'd still like to try. What kind of a visa do I need if my company is to shift me to the US and make me work from there?
    (4) Once I get my H4, in how much time do I need to enter the US? Is there a time frame within which I need to enter? (I'm asking this because I seriously want to do a nice vacation in Japan before I move to the US and get caught in the mundane banalities of married life) :-) On a more serious note, I also have some personal work that I need to wrap up in India before I move.
    (5) Any updates on the new laws that allow dependent spouses of H1 Visa holders to work in the US? Would that be applicable only to spouses who hold IT/tech degrees? I just keep getting bits and pieces on this prospective law from various news articles but nothing concrete.

    Basically, I'm willing to try anything to avoid going there as a 'dependent'. That sounds totally annoying to me. Any ideas would be welcome :-)

    Warm regards,



    • #3
      Hello Rajiv,
      I am working on L2 EAD for company A. This year, I got my H1 approved by employer B (with change of status). But I want to keep on working with company A. Thus,

      1. If I leave US on 30th Sept and come back on 29 Oct on L2, would I still be on L2 and continue working with company A ?
      Since from company A, my payslip would be generated between 30 Sep and 29 Oct, although I would be on H1, but I will not be in US from 30 Sep to Oct 29. Can it cause any issue (during GC processing etc) ?

      2. If I never join employer B, and after a year or two, can I work for employer C on H1 by transferring the H1 to employer C.

      3. Since i will be out from the country for about a month, when I come back on Oct 29, do I need to renew my EAD. If yes, can I work during the time when my EAD is getting renewed.

      Thanks in advance

      Warm Regards


      • #4

        My Husband and myself(I am dependent) applied for I-485 on 2005. On 2006 our
        case was transferred to Nebraska Service Center. After an year, we contacted
        USCIS regarding our case status. They said that the EB3 processing date is
        yet to come to 2005. So, we waited until it came current(ie., 2005) and again
        contacted USCIS for case status. They said to wait for atleast 60 days.
        Calling to USCIS and Waiting was going on and on. At last in August 2012,
        They admitted that our documents we lost after they transferred our case to
        Nebraska Service Center. We were asked to reconstruct our case. So we again
        sent all the required documents. After a year, we asked about the status of
        our case because our case went outside normal processing time. They said that
        they lost our documents again and asked us to reconstruct our case again. We
        did it again by sending all the documents. This time they informed us by
        email that all the documents were received by them and they will start
        working on our case. At last, we got our green card on may 2014. Because of
        USCIS error, we got out green card only in may 2014 which we should have got
        5 years back. My question is whether we can apply for Citizenship by stating
        that we lost 5 years because of USCIS error or how should we proceed with our
        case in applying for Citizenship.

        Any information would be helpful for us in proceedings.


        • #5
          Hello Rajiv,

          I am a US Citizen and am in the process of applying for my mom's green card. Her I-130 has been approved. When I applied for the I-130, she was in the US (has a 10 year visitor's visa and has traveled multiple times). When the approval came through, she was in Antigua visiting my sister. Since she was out of the country, the case went to NVC. NVC has assigned a case number and contacted me to begin the consular process i.e. pay the fee etc. Two weeks ago, my mom has returned back to the US and is currently with me. I must say I was worried when she flew back into the US as I had heard stories about possibility of getting deported etc. if one tried to enter the country on a visitor visa when I-130 was approved. She however had a smooth immigration - the officer did ask her whether her GC was in process. She answered honestly and mentioned the fact that her son (myself) had applied for it and it was currently in process. They let her in without any issues.

          With this as the background, here are a couple of questions:
          1. How long should I wait before contacting NVC and notifying them of my intention to apply for AOS through USCIS. I was told about a "5 week rule" i.e. I should wait for 5 weeks from her date of entry before doing so. Not sure of the underlying legalities - please help clarify

          2. Are there any negative implications of switching from NVC (consular processing) to USCIS/Adjustment of status? Anything that I should watch out for during the process especially during the final GC interview?

          Thank you in advance for your guidance.

          Forum Administrator