Video recording for July 10 Conference Call.

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Rajiv ji, Thanks for your wonderful services to community.
I am on H1 and my wife is on F1 - OPT. Filed 485 and Advance Parole for both on July 3rd 2014 - PD - Aug 2008 (current for this month).
Q1 - Can I travel (H1) outside US while AP is pending and enter back on my current H1 visa?
Q2 - Can my wife (F1 - OPT) travel outside US while AP is pending and enter back on her current F1- OPT / EAD Card or come back on H4?
Q3 - If our AP get approved while we are outside US, can we enter back on AP (I can have some one send us (post) our approved AP to India)?
Q4 - If our GC (485) gets approved while we are outside US, can we enter back on GC. What documents we need to enter back on GC? What are other options - Can we enter back on our current Visa H1 and F1/H4?
Q5 - Any limits or guidelines on how much time maximum we can stay outside US while our applications are in process.

Thanks again for your help.


Registered Users (C)
Hi Rajiv ,
This is regarding my I-140 approved status and vendor who wants to hire me.

I have my I-140 approved and my vendor wants to hire me (Contract to hire) - which even my employer knows .
Based on my understanding , I need to start my Labor process again and then later port to my Old Priority date right ?

Wondering is there a way to avoid this ? . Like since my employer is ok with this hire - can they do anything to make things easier.
Like I mean can they still continue with my GC processing even after me getting hired with my vendor and get my GC later through them ?

Please let me know , what are my options considering both Employer and Vendor are in good terms.

Hi Mr Rajiv
I'm a asylee , i want to adjust my status , but i come to the usa with false passeport different name how to repond on i-485 part 3 process information :
q-1 :give your name exactly as it appears on your i-94 : in this question i have to write the false name here or leave it balnk ?
q-2 place of last entry into us : jfk but with the false passeport and false name how to respond on that too?
q-3:in what status did you last enter: i enter under visa waiver programe . i have to write visa waiver or leave it blank ?
q -4 :where you inspected by immigration : yes i was inspected , but under the false name. or how to respond ?
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Hi Rajiv,

My case is regarding fraud and misrepresentation that had happened 7 years ago. I had passed my 5 years ban, and I would like to come visit to the US now.
The story happened in March 2007 in St Paul Minnesota airport. The officer asked me what was the purpose of my visit, I said to visit family.
They saw my record that I had been in and out of the US, and they pulled me to interview me. The officer even opened my emails.
This is the story:
10/15/2005-04/13/2006 (came to visit siblings and friends, worked for employer in Indonesia)
04/27/2006-07/04/2006 (came to the US in behalf of my employer from Indonesia)
07/10/2006-10/09/2006 (came to the US in behalf of my employer from Indonesia)

I applied for a visa extension from 10/09/2006-04/09/2007
10/09/2006-03/03/2007 (was in the US in behalf of my employer from Indonesia). I a changed my job starting in November 2006 then I had to go back to Indonesia
in February 2007 because I had customer who wanting to see the furniture factory. I stayed in Indonesia for 2 weeks. Then I flew back to the US on March 10th 2007.
03/10/2007-03/13/2007 (came to visit siblings)
I was charged 212 a (6)c during my visit in March 2007 with fraud and willful misrepresentation. And I have passed my 5 years inadmissibility. I was working with a company in Indonesia and visiting some customers and looking new customers for the furniture company in Indonesia.
I was married before in 2011, and I got divorced in 2012 because my ex-husband didnt want to deal with my immigration problem.

My questions:
1. Is it possible to have my case re-open (vacate the case)?
2. Do you have a reference of an immigration attorney who has dealt with this immigration problem?
3. What are you suggestions for my case?
4. Is your law firm able to take this case?

Thank you.
Hi Rajiv,
This is regarding my Parents Green card and path to citizenship.
In order to get the US citizenship, for next 5 years is it ok for them to stay 10 months here in a year and 2 month in India(for property maintence) ?
If they need to stay here in US for continuous period for citizenship , please let us know.

The following might not be right question to ask, if you have any information please share.
Now that they have GC, will they be able to get Obama care or Medicare ? . If not what would be the choice to get enrolled to non private insurance plan ?


Super Moderator
Hi Rajiv, my wife's mother died when my wife was about 5 years old. My wifes aunt moved in to look after the children and later married my wife's father (while my wife was still a minor). No legal adoption process took place. However, the parents got divorced later (by that time my wife was an adult). So now the step mother is "just" an aunt, but she is "mom" to my wife.

We will soon get Green Cards and will eventually want to take citizenship. Would my wife ever be able to sponsor her mom/aunt as a parent?
Hi Rajiv,
I am Joe. I applied H1B for my wife this year and got it approved. Currently she is in H4 status and she wants to travel to India for some emergency reasons in the month of August and she will return back on September 10th.

1) Is she allowed to travel and come back on H4 visa?
2) Will that be an issue to her H1B approved status if she comes back on H4?



Registered Users (C)
Thanks Rajiv Ji for all you valuable information.

Right now i am on h1b and i work for my employer, I am planning to open a company which is C-corporation,

Is it legal to open a company even though i work for only my employer not for my new company..

Can I officially sign the paper documents, filling the taxes, bank checks etc.. for my new company?

Will this affect my GC or H1B status in any way?

Can I hire a person in India as a manager to manage my company or is it mandatory that i need a US GC/citizen person to do that
Hello Mr Rajiv,

I am currently on cap-gap and got my H1B approved through employer A. I got another job offer from employer B and was wondering if it is possible to transfer the approved H1B to the new employer before Oct 1st (i.e. before H1B activation). Or is the transfer possible only after I work with employer A for a short period?
Hi Rajiv,

I am a post doc and in my second post doc are my questions?
I am presently on my 4th year of H1b visa with my second employer.I had received my H1b on September 2010, from my previous employer and had done my stamping from India.I had received my new H1b here in Texas on January 2012, but i had not done my stamping from my home country yet.

My questions are

1) Do i need stamping(from home country) of my new H1b from my second employer ? Am I eligible for interview waiver program?

2) My employer is filing for my extension in August 2014 do i need my stamping before that?

3)I am planning for my green card filing process this year do i need stamping from my home country before i start with the green card filing process?


Registered Users (C)
Hi Rajiv,

I am returning user to the forum - my humble thanks for all your years of service.

I am a citizen. My parents are visiting me from India and I am debating about applying for their GC, as I would like them to stay with me for an extended period of time. Is it advisable to file for their GC while they are here and extend their stay or better to send them to India and get it done while they are there, thru the consulate? any advantage/disavantage ? any issues for them to get paroled, visit India and come back when appln is pending ?

Also they may not have their marriage certificate as we did not plan for this. any get around to that ? they are listed as my parents on my USC application, I beleive.

I had just applied and got GC for my wife 6 months ago - does this matter ?

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