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Registered Users (C)
Dear Rajiv,
thank you in advance for taking time to answer my question.
both me and my husband are from India. He applied for his employment based I-485 application and applied at the same time for me as his wife
( September,06). We had a bad fight and he withdrew my application. According to USCIS, it was officially withdrawn in February,07. My husband later realized his mistake and applied again for my I-485 in march,07 .

my question is...
1. will my application get processed with his or it will be processed separately? I mean, will our cases still be considered together or I will get processed according to the new receipt date (march,07)?

2. Can my case now be considered "follow to join"?

3. will I have to get code-1 FP done again?
3. If so, do I have to wait until FP is done to get EAD/AP? ( I got EAD and AP from my 1st application.)


Registered Users (C)
LCA wage violation (by company) effect on the AOS OR CP

I am currently in US on H1B. My company was paying less than that of amount specified in the LCA. In the recent audits by the DOL, DOL found these anomalies. Now company send us the letter saying that there were misscalculations/Process-fail and we will get the remaining amount(due amount) as per the LCA. In the letter they also wrote that because of this there will be no problems in our current OR future Visa status. Also they told us that we will receive the letter from the DOL as I am impacted employee. I already received a letter from the DOL which shows that DOL send a letter to my company to pay these wages in 15 days and they send me letter because I am interested/impacted party.

My mother has filed the family based F1 category petition (I-130) for me.

My question:

1. Is this going to impact my future Family based AOS (as my mother has already filed I-130 for me F1 category )?

2. Is this actually going to affect me in any ways for my future immigratnt Visas?

3. Does DOL passes these kind of informaiton to INS OR CIS? If yes than what is the impact of this on my case (AOS OR CP)?

My wife I-730 was approved on March 14,2007. How long should we wait to receive notice from NVC or Consular post in Venezuela for her visa?
Dear Rajiv,

Thanks for providing this service. My question is regarding the 7th year H1 Ext

My 6 years of H1 expired on May 2006 and currently I am on H4. I got EB3 pre approved labor from an employer. My 140 got approved on Apr 2007 with priority date of Dec 2003. Can I get the 7 year extension based on H1/H4 decoupling memo?

Thank you for your time.
Hello Rajiv,

Thanks for your generous community Services.

I have applied for 485 for myself and my family members with priority date in July 2003 on employment basis in EB3 category and working on 765. My daughter, who is 18, is going to India next month for medical study purpose. I have applied advance payroll for her but its not approved yet. My question is -

1. Is it ok to go without 131 approved, and once it is approved I can send the document and she can come back without any problem. Any expert advice.

2. She may be visiting us every 6 months or more. Is it more questionable at port of entry to return after 6/7 months on advance payroll? What extra precautions/documents she should have to answer the questions (if any).

3. What are the chances to move the priority date for EB3 category in this month for India? If her 485 gets approved while she is in India, her 131 will be cancelled or not and if cancelled how she will be able to come back.

4. My 140 has been approved and after about a year of its approval and 485 pending I changed my job once and same and similar field , should I send the letter for the AC-21 or wait for RFE.


Registered Users (C)
Advance parole

Dear Rajiv,

Thanks for your excellent community service. Please see my questions below.

I've recently travelled to my home country used AP to reenter US, I still have
my H1B approval till 2009 and no H1B visa stamp in the passport, what happens
to my H1B status ?

and there is a date stamped
on my AP at the immigration saying parolled until May'08 which is exactly
one year from my entry what exactly this means what happens to my parolee
status after Mar'08.

My wife is derivative of my 485 and had H4 valid till 2009 and using the EAD for work,since she did not leave US what will happen to her H4 status and what is her current status would be.??

How can we both maintain H1/H4 status?? just to be safe in case something happens to my I485.
Dear Sir,
I am a US Citizen. My parents and their adopted baby (which is my 15 year old adopted sister) live in India. I will like to file greencard for my parents and my adopted sibling.

A) File greencard for parents -- No issues currently

B) File greencard for adopted sibling. -- Issues
My sister was adopted 1.5 years ago by my parents. Her age was 14 years
when she was adopted.

1) I would like to know what are the different possible ways I can file for her greencard. Which way stands better chances of getting the card approved and has less processing time as well.

2) Is it a good idea to wait for receiving my parents greencard and then have them file my adopted sister's greencard. Is this a shorter route than me filing for her greencard in the sibling category.

3) What evidences will be required to prove the adoption?
Dear Rajiv,
Thanks for your help!
My husband filed I-140 and I-485 on Mar.22, 2004 for our family. My husband and I got our green cards on 05/05/05, but my daughter’s I-485 is still pending.

Upon my numerous requests to USCIS, here are some of the USCIS responses:
On 10/11/05, USCIS responded: Your case is pending additional security clearance.
On 12/29/06, USCIS responded: The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open. Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. I you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

During the past a few years, My daughter has done the following:
Her fingerprint done on 10/06/04. (USCIS acknowledged the evidence received)
Her biometrics taken on 04/19/06. (USCIS acknowledged the evidence received)

My questions are:
1.What possible “background investigation remains open” regarding my daughter’s case?
2.How can I figure out “name checker”? (I just learned from internet and would like to know if that is what caused the delay in my daughter’s case?
3.Any suggestions for what actions I should take for my daughter’s delayed case?

Thank you very much for any advices!!
Dear Sir

I am a US Citizen. My parents are retired folks in India. They take care of my 15 year old sister.

I have filed for my parents greencard. For now lets assume my parents have their greencard. Since they are retired, are they eligible to file for my younger sisters greencard. How can they take care of the affidavit of support needed to file the greencard. Can I help them in anyways?

Thanks for all the help.


Registered Users (C)
F1 to H1B to F1 to H1B

Hi Rajiv,

Advance thanks for answering the following questions.
Timeline for clarity:

I have some questions regarding switching from H1B to F1 status. My case is a little different in that I entered the US with an F1 visa. After getting my degree in Master of Science, I switched to H1B to work for a company (via the 65,000 cap, NOT 20,000 cap for advanced degreed individuals). After 2.5 years of working in this company, I decided to apply for an MBA and was accepted. Now, I have some questions regarding switching back to F1 status to pursue my MBA.

1. I mentioned that I am currently under H1B visa. If I decide to study and switch to F1, am I part of the 65,000 cap for working visa if I decide to work after my MBA?

2. Since I've used up my 1-year OPT during my first Master of Science degree, I believe I am no longer eligible for another 1-year OPT. If this is the case, I believe I have 60 days to stay in F1 status after I graduate from MBA. Because of the time constraint, I'm concerned about how long to process an H1B transfer to a new company. Let's say a company is willing to sponsor me after my MBA, will they just transfer my old H1B visa? Can I already work after USCIS receives the H1B transfer application or I have to wait for a Notice of Action: Approval Notice?

3. I plan to resign from my current company in July 20, 2007. My current H1B is valid from October 1, 2004 until October 1, 2007. Will my 6-year clock in H1B reset after I get an F1 visa? Or will I have only 3 years for my future company?

4. As I've said my H1B status expires on Oct 1, 2007. Is it possible to maximize the remaining time in H1B by preterminating it on July 20, 2007? So, instead of having 3 more years (or 6 years depending on your answer in #3), I will have 3 years and 2 months (or 6 years and 2 months).

P.S. You are indeed a diamond in the rough. You're knowledge and efforts help change people's lives for the better.
on bench after filing i-485

Hi Rajeev,
My employer filed for my i-140/1485 concurrently, my i-140 is approved and i think i will be on bench from next month. Will there be any problem in approval of I-485 if i remain on bench for long period of time if i were to get i-485 interview?
Is it good to go to india and wait there till my GC is approved and come back using AP since my Advance parole is approved and fingerprints are done.

Can my wife go to india without taking the physical copy of the advance parole and then i mail it to her later as it takes 2 weeks to get the actual approval letter? Her advance parole is already approved.



Registered Users (C)
EB2 -Requirements

Hi Rajiv,

As per the new EB2 requirements released by NSC in the last week,

"4" Years Bachelors + "5" Years of Prof Experiance is not going to be eligible for EB2.

So Is there any way that a person with 4years degree and 5 Yrs exp can file under EB2 Category.

Thank in advace,

:confused: :mad:


Registered Users (C)
Non-Profit H1 - GC Process and portability issues

Hi Rajeev,

My Story

I work for a (Non profit) Institution of Higher education - "EDU" which is H1 quota-exempt.
"EDU" sponsored my H-1. I work as Network Administrator and since the position did not demand for MS, the case was filed under EB3.
1st H1 Period: August 1,2003 - July 31,2006 2nd H1 Period: August 1, 2006 - July 31, 2009. Second time stamping done on the passport in December 2006.
GC Process Status - Labor was applied through RIR in EB3 category in February 2004 and was approved in Jan 2006.
I-140 was applied in March 2006 - Approved in July 2006. My priority date is February 2004.

If the VISA dates become current next month(currently EB3 is June 2003), or whenever they become current; I intend to apply for I-485.

On the other hand:
I applied for H-1 from another company "ABC" last year under Advanced Degree quota. Since there was a query on this company, it took some time to get the H-1 approval. This H-1 was approved in February 2007.
I did not start work for this company "ABC" yet and still working for "EDU".
(I applied this new H-1 with "ABC" because the current H-1 "EDU" is quota-exempt and I plan to move to a different job in near future.)
So, I have 2 H1s' one of which does not come under H1 quota.

Question 1: Will the "ABC" company H-1 be valid until the date mentioned on the H1 approval letter? OR will this H-1 become invalid if I do not use it for *** months/years? "ABC" does not intend to revoke the H-1.

Question 2: Will there be any problem in I-485 approval if I move to "ABC"(after 180 days) using EAD from "EDU" and work as consultant(I understand that it should be a similar job) with the intent to come back and work for "EDU" after getting the GC.

Question 3: After applying I-485 from "EDU" can I just move to a different job(either within 180 days or over 180 days) by using the H1 from "ABC" without using the EAD card and AC21 provision? Will the I-485 continue in this case without interruption since I am using H1 from "ABC" to work?

Question 4: How many GCs are currently issued every month for EB2 category and EB3 category? How many applications are pending in I-485 stage for cases of Indian origin? In general, people applied during which year/month through your office are receiving the GC in EB2 category and EB3 category?

Question 5: If I want to start working for "ABC" company as soon as the dates become current, can I use the priority date of this non-profit quota-exempt "EDU" to apply my I-485 through "ABC"?

Question 6: Can I apply I-485 for both "EDU" and "ABC" if the dates become current using labor and cleared I-140 from "EDU"

Question7: Let's say, I start with "ABC" without any relation to "EDU". The labor must be filed 1 year prior to the 6th year H1 expiration date in order to request for the H-1 extension. Is that right?

Thanks you very much for your initiative to help us with your expertise.
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