Download Recording for July 27 Conference Call

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Registered Users (C)
325A missing information & refiling

Hi Rajeev,

This question is regarding the 325A form. I have filed my application on july 2 but i forgot to write my name in "native language", so is this going to be a problem?? since the receipts numbers are still not generated and not sure whether it will be done before Aug 17, do you think is it best to refile again?? is that information very important? please let me know.

Hi Rajiv,
My mother has been travelling frequently on visitor visa. Her current I-94 has been stamped with NO AOS/COS/EOS. In the mean time I have become a citzen and I want to apply for her green card. Will this cause any issue?
Thanks and appreciate your help.
I-485 filing while on OPT

Hi Rajiv,

I have a few questions about filling up the I-485 and I-765 forms. I am currently on F1-OPT and would file I-485 as a dependent of my husband.

1) In the I-485 form, in the space that says A#, do I have to fill in the A# from my OPT card?
2) What is the correct way to fill in my current USCIS status? F1 of F1-OPT or F1-EAD or simply OPT?
3) In the expiration date for my current USCIS status do I fill in the expiration date for my F1 visa or my OPT? my OPT expires in 2008, while my F1 visa expires in 2009.
4) In the EAD application form (I-765) do I have to say that I have previously applied for EAD since OPT is a form of EAD?
5) My OPT started in March, 2007 but I have not started working yet. I will start working form July 30th. What should I fill up in the "current occupation" section?
6) In some of the forum topics, people have said that the F1 status expires as soon as the I-485 is filed? Is this true? I am supposed to start working from the end of July, would I be able to start working?

Thank you in advance for all answers.



Registered Users (C)
AC21 job question

Hello Rajiv,
Thanks for helping me out. My question is...

After 6 months of pending I-485, Can I change job to say Telcom industry but staying within same O*Net code?
Note: My ETA specifically mentioned job at financial companies and use of financial market knowledge.

Details on my ETA are as follows:

O*Net code : 11-3021.00 (Computer and Information Systems Managers)
Job Title: Project manager
Job Description :
Plan, direct, or coordinate activities of electronic data processing and information systems projects at financial companies; use of sound knowledge of accounting principles, and the financial markets (including investment products); analysis and reporting of financial data..
H4 Extension and I485

H4 I94 expired in May'2006.Applied for extension in Aug'06, uscis denied due to late submission in NOv'06.Again applied for extension in May'07, got approval with I94 attached with effective may'07 instead of May'06.
1)If we ask USCIS to correct i94, will UScis revokes extension approved in May'07?.
2) Can we ask USCIS to correct the I94 date, will USCIS consider this as USCIS mistake as it didnt gave i94 effective may'06
3) Applied for I485, will USCIS rejects I485, what happens if primary get green card and deriavte I485 doesn't get approval,,what will be status in case of I485 denial...
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Criminal background and AOS interview scheduled for Aug 31st

Hi Rajiv, First of all thank you for doing this.

I have a employmnet based AOS interview scheduled for Aug 30th at the Los Angeles office.

My issue - Entered in US on July, 2002 on H1B. company sponsored RIR LC and I-140 approved (apr, 2007). Applied I-485 on my own on Mar, 2007. However, got arrested on May 19, 2004 and charged with soliciting prostitute (CA penal code 647B). Plea bargined, this charge was dismissed and pleaded guilty under disturbing peace (CA penal code 415) which cariied max sentence of 90 days and fine. Judge gave two yrs probation and fine. Probation expired on Feb 16, 2007 and record got expunged. In the I485
application, clearly stated that I got arrested and pleaded no contest for disturbing peace and completed the 2 yrs of summary probation.

In the interview letter. USCIS asked for court record or police report. Police report is ugly and clearly give the impression that I was soliciting prostitute which someone told me is a deportable offense even though I was not convicted under that offense. On the other hand court record shows I was arrested for soliciting prostitute and plea bargained and that charges was dismissed and I ended up pleading no contest for disturbing the peace. Can i get a customized report from the court?

Any suggestion or interview strategy would be helpful. Do I expect a denial and plan to give up this GC or get arrested on the spot? Thanks.
Anyway to circumvent 10 year ban?


My father has been out of status for about 3 years now in the US. He is planning to go back to India soon.

I will be getting my citizenship after 6-7 years and would like him to come back after I sponsor him.

I was wondering if there was any way that 10 year ban can be circumvented. I heard that if immigration judge grants voluntary departure in the court 3 year ban can be circumvented, is that true for 10 year ban too.

Rajiv, I can schedule a consultation if it is possible.

H1 to L1

hi Rajiv,

I am in employment for company A on H1 which had applied for a change of my H1 to L1 in April this year. I have not yet heard about anything regarding this change from them. So, now if I want to transfer my H1 to a company B, will that be fine?



Registered Users (C)
I-485 Filing and H4 status!

Currently I am on H1 (valid till 2009, with visa stamp) and have an approved labor from 2004. I am planning to file my I-140 this week and file I-485 in the second week of August. I am leaving to India immediately after filing 485 for my wedding. I have scheduled a visa appointment for my future wife and planning to get her here on H4.

I have the following two questions.

1. Do you see any red flags on what I plan to do?
2. What happens if my I-485 gets approved before my wife can file her I-485, assuming my priority date doesn't become current for some time after October 2007?

Thanks in advance, Rajiv, for your time. This is a great service to the immigrant community!


Registered Users (C)
Going to miss Aug 17th deadline - other options

My Labor certification file is closed by DBE center and its unlikly that they will open the case and certify my LC before Aug 17th, 2007. I have applied under EB3 category.
I want to know what are the other options to get my GC without waiting for another 3/4 years.
Can i apply a new application under EB2-PERM and retain my LC Prority date? I know that to retain the EB3 PD I have to apply for I-140 under EB3. How retaining PD is depended on the I-140 approval . Currently DOS have suspended Premium I-140 application and i guess there is now huge backlog for i-140 processing.
Please advice.


Registered Users (C)
Hello Rajiv
Thanks for your wonderful service!!

I had called the TSC in early June and they informed me that my Fingerprints(FP) were expired (last done in May 2005) and I needed to get my FP done. So I asked her if she could schedule a FP notice for me and my wife and she said she will. She verified my particulars and told me to wait for my FP notices but I haven't got any.
I was told by the IO that my case was ready including the namecheck and the only thing pending is my FP. What can I do about it? Any suggestions?
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