Video Recording for August 7 Conference Call

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Staff member
This thread where you had posted questions for August 7 Conference Call was deleted by mistake. We are looking for the cause of the thread deletion. In the meantime, Rajiv has answered the few questions we could recover from cache.
Below is the video recording. If your question was not answered, please email it to me at along with your phone no.

Conference Dial-in: : (202) 800-8394
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
CALL DATE: August 7, 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.
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Staff member
Hi Rajiv Ji,

This is reference to my July 10th question.

1) What is the best substitute option of BS+5 to consider in the EB2 category MS+2 or MS+3?
2) If I was consultant for the company on one location was supporting Mortgage Banking operations and then I have joined same company as permanent employee on another location and supporting Card services (different line of business then previous role). Can I count my consultant experience in my GC filing? Do I need to mention client name in the GC filing? How DOL come to know that my previous client is my current employer?
3) Can I consider my CPT experience (during my MS) for the GC? Or I can claim experience gain after my graduation only?

Thank you for all of your help.


Staff member
Hello Rajiv ji,

My company applied for H1B extension and it was approved in May. How ever when I got I-129 I found there is a typo and accidentally they have answered no to "Is the employee full-time question" and left number of hours blank. I am not a part-time but full-time employee do you think this needs to be corrected if yes then how? Also if not corrected can this affect my H1B stamping and Green card processing?

Thanks for helping. I really appreciate it.


Staff member
Hello Rajiv Ji,
Would you be able to speak about immigration aspects of business/self employment for H-4 dependents? I am wondering if there is a way that my would be spouse can start a company in the US? She can work without taking a salary/direct monetary benefits from the company, she could likely continue to re-invest any profits in her company until we have a green card. Do you think this can work?
Thanks for your services to the community.


Staff member
Dear Rajiv Ji,

I have an approved I 140 from company A with PD feb 2009. I have applied 485 although I was not working with them in Apr 2012.
I also have I 140 from company B with PD feb 2010, where I currently work. This company did not retain the PD from previous I 140 of other company.

I have received the RFE for Medicals, immigration Status and EVL etc.. recently. I have replied to the RFE. So if the feb 2009 date becomes current for Sep 2014, I want to interfile both applications. Can I do that?

1. I want to be with company B after I get GC. can I do that?
2. To interfile, both I 140 priority dates have to be current or if company A date is current will it be ok?
3. Can I request USCIS to take PD for company B I 140 from company A I 140 and interfile both applications. or this has to be done only through an attorney or sponsoring employer.

Any other options also greatly appreciated.

Thank you


Staff member
Dear Rajivji,

I have an issue with difference in date of birth as recorded in my birth certificate and my foreign passport. The DOB as in birth certificate is accurate. My passport along with and ALL other records have a different date birth which is off by 2 months. I am not sure how this is going to affect with my US green card processing. All my US records have the same date of birth as recorded in passport. As I understand I need to produce my birth certificate during I-485 process.

I am on H1B Visa. I got an approved PERM and I-140 and am waiting for priority date. All these records have the same date of birth as in foreign passport. I have the following questions:

1. When I submit my birth certificate during I-485 process, is it going to cause any issue due to the difference DOB? What is the best option I have on this?
2. If I really have to fix the issue, what is the good opportunity and process to fix this?

Please advice. Thanks!


Staff member
"Rajivji, thank you for helping people like us.

A friend of mine is in this country legally for over 20 years. Got Green Card over 10 years ago. Now he plans to apply for citizenship. But over six years ago, he was cited for misdemeanor (or something) I will send you papers as he doesn't understand legal terms.
Should he apply for citizenship? Can it be denied? Does he need to supplement application with any additional explanation? Anything else he should consider so that it won't harm his current job or future jobs or anything else for that matter."

Thank you for your help in advance,
Hi Rajivji,

If i'm on F1 and the company sponsor for my green card, what if I finish my study before I get approved for green card, do I have to leave the country or I have some type of authorization to stay until I get my green card?
How should I convey the employer to sponsor for EB2 instead of EB3?
is it better to go with Full Time job or being a contractor regarding to H1B or Green card process?
If I am on F1 with CPT and working currently, if I want to travel abroad, is it risky to get the visa F1 stamp again?

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Hi Rajivji,

My name is Marco Elejalde, email XXXXXXXXXX. I was issued a re-entry permit, this is the second permit I have received because I have been working in Lima Perú for the past 5 years. My last visit to the US was in March, 2014, it was a 2 week visit for a work related event. The expiration date on the permit is August 5, 2014 (two days ago), but my work contract here in Perú is over August 30th, which means I won't be able to return to California until September 3rd. I don't want to loose my permanent resident status. Will I be able to enter the US, even though I'm a month past my expiration date? I'm really worried. Thank you for helping.
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Registered Users (C)
I have a question regarding 485 filing. I have an approved 140 from employer X. But when I traveled for Visa stamp to India in Feb 2012, my case was put under 221g for 16 months, but later the Visa was granted on Aug 2013 but in the end H1B petition was revoked Apr 2014 , 1 month prior to petition expiration date (May 2014). All along I stayed in India but returned to US in January 2014 with a employer Y, top 4 consulting firm. So my questions are

1. I have an approved 140 through Employer X but filed under consular processing. Should I continue the GC processing given the H1B revokation?. What are the chances of GC approval?

2. My new employerY will file for my GC some time in Mar 2015 but after my H1B extension for 3 years due in Nov 2014 utilizing my employer X's 140.

I'm thinking of continuing petiion X for another year by paying CP fee but convert the priority date once the New petition from Y is at 140 filing stage. Given my scenario, please advise what is my best course of action.
Thanks a lot for your time.
My question got deleted. I am asking again. My parents got GC through me I am a US citizen. Do they have a to declare the money or property they own at the time of landing? Do they have a time frame to bring the money into the US and is this amount taxable ?
Hi Rajiv,

I had H1 earlier and currently on H4. My H1 timelines are
a) Jan 2006 to jan 2007 - H1
b) Jan 2008 to Feb 2010 - H1
went back to India and then statyed there till Nov 2013.
Now came to US on H4 in Dec 2013. Need to know if I can apply H1 out of cap now even though 4 years has passed since last H1.
Also how many years will I get now in new H1.


Registered Users (C)
My question wasnt answered this week. Can someone letme know the link or details on leaving a personal message to Rajiv to get the question answered.
Hi Rajiv, I'm married to US Citizen and got my conditional 2 years green card 2 years ago and filed I-751 remove of conditions last December , got RFE ON MAY 2014 AND REPLIED with more evidence but since then I got no response , almost 8 months now from the date uscis received my I-751 package . my question when do you think I might hear something from USCIS , what if I got denied ?., what is my options ?., i'm a pharmacist , can I apply for H1b visa and not leaving the states ? thanks so much
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