Recording Available For Conference Call on June 7, 07

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Registered Users (C)
Dear Rajiv:

Thanks for providing this service. My question is regarding the name check process. My I-140/485 were concurrently filed on March 16 and the I-140 got approved. My I-485 date is current under EB1. My fingerprints have been done.

On April 20th. I was a victim of ID theft and I had to file a police report for it. Then last weekend (June 01), my car, including that of several others, was vandalized (egged) and the police used my car as an evidence and got my info.

I have lived in the US since 1994 and I have never had any interaction with the police. Only now during my adjustment of status I am running into these incidents and not be choice!

Will these police records affect my name check?

Also, one of my relatives with the same last name as mine cleared name check for citizenship last year. Will it be OK to assume that I wil be cleared too based on this? I don't think my firstname will be be problematic.

Thank you for your time.

Effect of new Immigration bill on EB2 case

I have a priority date of Oct 05, under EB2 and I have already received I-140 approval. I wanted to know how this new immigration bill is going to affect me. Somewhere I read that people who have priority dates after May 05 will need to file under new point system when it becomes law. Is this true? If this is not true what is there in new bill for application after May2005.

Thanks a lot for all the help.


New Member
Thanks for your service Rajiv. I have 3 questions.
1. Is there a need to submit details of Tax returns when we file for I-485/AP/EAD? How many years of W2s would one need when filing I-485/AP/EAD?
2. Once I-485 is pending for 180 days, can you please clarify whay type of job changes are permissible (in terms of designation, salary, etc). What is needed from the old and new employers involved in the transition?
3. I am currently in my 8th yr of H1 (expiring Aug 31st 2007). Am planning to file for I-485 in July 2007. Is there a need for me to file for H1 extension before I can file for I-485?
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Registered Users (C)
Can I switch jobs after filing I-485 (< 180 days) and reuse I-140 for PD porting


My priority date has become current and I have become eligible to file for I-485. My I-140 is already approved. I am preparing the papers to file for I-485. Meanwhile a new job offer has come my way, which I am considering seriously. They are ready to start GC processing for me as soon as I start working with them.

My question is if I file for I-485 and then take the new job, will I be able to use the current approved I-140 to port the priority date when I start the GC process with the new company?

I know that I can wait for 6 months and then change jobs using EAD but the company that is offering me a job is not willing to wait for 6 months.

I'd appreciate any advice in this matter.



Registered Users (C)
CSPA and Consular Processing

Dear Attorney,

We filed our DS-230 part1 way back in Nov 2004 after which we were hit by retrogression (EB3 India). Is the age of the child (derivative beneficiary) frozen on the date of filing the child's DS-230 (per DOS cable to Consulates) or is there any revision to it. Thanks for your response!

H1B Transfer from india

Dear Sir,
I currently have a stamped, valid H1B issued thru Company A having expiration date SEP,2009. Company A has not sent me to the US till date and hence I want to transer this visa to another company B. Can this visa transfer take place from India, Since I have never entered US using this visa.?

a. If the transfer from company A to B is possible, then is it required that I have to go to the USA consulate in Chennai for stamping once again.

b. Once I have received the I797 of company B, can I travel to USA with the stamping of company A in my passport but using I797 of company B.

c. If the trasfer of petition from company A to B is not approved, then will the original ( Company A) Petition/Visa be cancelled/lost?

Thanks for your advice.

GC Chakkar

Registered Users (C)
Question for June 7 Conf. call.
I have my I-140 approved from Comapny A. Now I am not working for Company A. I am now working for Company B on H1B.

My PD for old company A is current now. The company A is ready to give me job offer letter .
1) Can I file I-485 from Company A ? What documents we need as evidence of the intention of accepting the position ( that was approved for CompanyA) from me and the employer? Is there any risk involved?

2) After filing I-485, can I carry my PD to a 140 petition that is being filed by Comapny B?
3) Can I apply AC-21 ( the job is same in company B) after 180 days of my Company A 485 pending? (Though I left company A a year before filing I-485?)

4) Can I get 3 year H1B extension for company B, based on the 485 filed for company A ?
Please clairfy


Registered Users (C)
Hi Rajiv, Thanks for your time.
I received RFE for I-485. Its simple for medical and EVL. RFE was sent to my address. My attorney is out of country and i waited for my attorney and its already been 2 week and i dont want to wait more.
Can i reply to RFE by myself as i have original RFE.
Just with Medical envelope and EVL with RFE Letter is fine.Do i need to send anything else. Do i need to follow any special steps While sending back RFE.
GC Processing?

Dear Rajiv,

Thanks for providing excellent service.

I am EB3 applicant with Priority date December 2003. I got my I-140 approved and also I have filed I-485 on October 2004. I got married by Jan 2005 and I am not able to file I-485 for my spouse because my Priority date was not current. Right now I am maintaining my H1 and my spouse H4 to remain in status. I am getting Permanent offer from another company and I am leaning towards taking that offer. My question is whether I have to start my GC processing from scratch if I switch to different company? If I don't need to start from my GC processing, can I renew my H1 for three years and also What are the documents I need to get from my current company to continue my existing GC processing?

Thanks and appreciate your help.


Registered Users (C)
I140 Portablility Question


I currently have an expedited I140 filing petition with Company A, Can I port the priority date(which is now current) from that to a current Approved I-140 from Company B as soon as it gets approved. Should I then use Company A or B to file I-485. I dont really want to join Company A, as I did not like dealing with him and have doubts regarding his ability to pay. What are the risks here ...

Also, I am filing form G639 to get the I140 approval notice for my currently approved I140. How long does this take and to which address/service center should this be sent. My Labor/I140 etc .. is from New Jersey, or should I send to the {Alien Files - National Record Center (NRC)P. O. Box 648010 Lee's Summit, MO 64064-8010} address mentioned on the form. Also, How do i locate my Alien Number. Is it the same as My SSN.


Registered Users (C)
H4 Extn, H1 Approved

Hi Rajiv,

I'm happy about your service providing.Good Luck.

Here is my question:
First one: my Wife h4 (Visa & I-94) expiring on Aug first week 2007, my current company forgot to appply extn when i did the tranfser.Her new current h1 is approved, waiting for the approval notice.
With my h1 approval notice, her out of status covers?
Do i need apply for extn for my h1 status cover the out of status?
Is extn differnt from COS?

What do u suggest?

Second Question: How do i track my status after recving the receipt number for I-140 & I-485?



Registered Users (C)
My I-485 is pending and transferred from VSC to TSC.
Background check is cleared recently.
Myself and my spose both got separate RFE for Birth certificate.
We didnot get FP notice. We did our First FP in March 2006.
Lot of people who case transferred received FP before RFE or Approval.
My wife is planning to go India , do she has to wait for FP.


Registered Users (C)
I485 related Questions

Thanks a lot for your service. I have following related queries about I485.

I am currently on H1B with company A, my GC was done by company B.
1) Once i apply for I485, EAD, do i have to join company B immediately, or which is the right time to join company B, Do i have to join company B at all?
2) Can i join Company B, once my I485 is approved so that i need not get into the hassles of transfer my H1B from Company A to Company B
3) If i apply for EAD thru Company B, does it mean that i lost the H1B of company A for which i am working.
4)During applying I-485, can the secondary beneficiary ONLY apply for EAD(my spouse) without primary beneficiary applying for EAD

My only worry is which is the safer time to move to Company B as this is a smaller company, as my H1B Company A is a big company.

Three questions related to immigration

Hello Rajiv

I have three question regarding immigration.

A. With the ongoing discussion of the CIR bill in senate, can you please let us know the effect Durbin Grassley amendment. Per the Durbin-Grassley bill, I am given to understand that if a person is on a H1-B with a consulting company, he cannot be outplaced to another employer (be it IBM, Cisco, Microsoft, or sub-contracted to another consulting company who in turn places the H1B consultant).

B. I am in the process of using a labor substitution from a company. I am in the process of applying my H1-B transfer in premium which will take a few days to get approved. After my approval arrives, I am going to apply for concurrent filing. Is it a must/necessity that I have to provide the pay stub from the company who is doing my labor substitution or is it OK if I provide my the paystubs from my current company. The reason I am asking is, my h1-b transfer is expected to be coming by end of June 07. With cutoff for applying I485 being June 30th 07, is it OK that I submit my current pay stubs and W2, and later on submit the new pay stubs after my new company runs my payroll.

C. What is the possibility of VISA dates moving to November 2004 in the next (I mean July 07) VISA bulletin.

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second stage

Registered Users (C)
Immediate Relatives Category for US Citizen

Am a bit concerned about the bill S.1348 which plans to eliminate family based immigration petition with priority dates after May 1st, 2005 and replace it with temporary Visa system.

Am getting ready to file papers for my parents based on my US Citizenship.
Assuming, If this bill goes thro;, would it be a waste of time and money trying to apply for them?

Please advise. Thanks.


Registered Users (C)
Priority Date Porting Between RIR and Perm

Hello Rajiv,

Thanks for your kind Services.

I have couple of questions :

1. My RIR is filed in Nov 2004, Still pending at Dallas Backlog and got Notice of Finding on May21, 2007.
My employer told he will reply for the notice in 2 weeks time.

2. My Perm got approved in April 2007 (filed in Feb 2007), My question is, can I port my Priority Date from my RIR to file I-140 based on Perm approval? (I haven't filed I-140 yet) or Can you suggest some (best) option to port my Priority Date from my pending RIR to I-140 (about to file).

My lawyer told, I can't file two I-40s with the same employer (each based on RIR and Perm) and he even told, when i opted to file I-140 based on Perm, my pending RIR will automatically get invalid. Is that true? I just want to know, how to port my Priority Date from my pending RIR to I-140 (ready to file based on Perm approval), Just in case my RIR didn't get approved.

As of now I'm on 7th year H1b.

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Registered Users (C)
Change in EB2 definition

I have an EB2 case with approved I-40 and priority date in May 2006. How does this new rule change affect my case.
I have a bachelors degree in engineering and 9 yrs of experience in IT. I do not see this as a category under new rule. Please let me know when this rule willbe implemented.


Registered Users (C)
Rajiv ... Thanks for the amazing support!
I am getting ready to file my i-485 (EB2) as well as the derivative-485 for spouse.
I am on H1B and my spouse is on F1 visa and works as Research assistant for 20 hr/week.

1) I understand that i need to file I-134 as affidavit of support with spouse's derivative-485, but when i read I-134, it seems like only Us citizens/LPRs are supposed to file it when sponsoring someone. What am i seeing wrong?

2) Do I have to show bank deposits/assets Or Would the Copy of Employment Letter from my employer be enough?

3) How much assets does one need to show to support just the spouse?

4) If a person has Bank Deposits, Stock Portfolio, real estate, Insurance, etc is one required to show all that or only showing the bank deposit would be enough?



Registered Users (C)
RFE Response

Rajiv, Myself and my wife both got RFE for pending I-485.
For my wife its medical as it was not sent at the time of filing I-485. Mine is simple for Paystubs and W2 . I want to respond to RFE for mine immediately as i have my documents ready and later send for my wife as she has to get her medical done and wait for the result.
Is it possible to respond to both of our RFE separately or we need to send together on the same day. Is it going to affect in anyway. Which is the best option.I am the Primary applicant and wife is derivative.
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