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  • Recording available for download for Dec 16 Conference Call

    Recording available for download for the Dec 16 Conference call. http://www.immigration.com/free-comm...nference-calls



    ----------------------------------------------------
    Topic: General Immigration Related Questions
    Start Time: 1:55PM, EST
    End Time: 3:20 PM, EST
    NEXT Call Date : Jan 6, 2010
    Conference Access Number: 402-237-5412
    Conference Passcode: 552855


    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.
    Last edited by monica1; 27th December 2010, 07:59 PM.
    ---------------------------------
    Forum Administrator

  • #2
    Regarding Contract with desi Consutancy

    Hello,

    I am Renu.

    My Employer is Company A. And I am working at client side D.In between there is two layer B and C.

    I have a contract with my employer (Body or Broker) since Jan-2010 and contract says that I can break it with 2 week notice but i can't join client company for another 1 year if I break the contract. Breach says that i have to pay huge amount.

    This year A company applied for my H1 but its still pending now client D wants to hire me as a full time.
    He agree to transfer as well as to file my new H1.

    Please advice me I want to join D company what if I break the Contract. What will be the possibilities and what should I do. I really wants to join Client place. Can i negotiate? any way to get out?

    Thank you in Advance & Regards,
    Renu
    Last edited by tejal.renu; 15th December 2010, 06:07 PM.

    Comment


    • #3
      H1 extension based on "365 days rule" after the expiry of 6 years of H1

      My EB2-NIW i140 is pending for 6 months.
      I have used up 6 years of my h1 including the recapture.

      I am planning to change to H4 status. while i am on H4 status.....

      1) can i extend my expired H1 based on pending i140 for 365 days
      2) if my NIW-i140 is denied, can i appeal? and can i apply for H1 extenion based on "i140 pending 365 day rule" for the Expired H1
      3) if my i140 gets approved, can i file for my H1 extension even though H1 is expired

      Comment


      • #4
        PERM filing issue

        I joined XYZ company by taking promise (written email, they said like this: According to our attorneys it looks like based on the role itself it is EB_2 (BS+8). Obviously this is not the official word from USCIS but in their recommendation it would be EB_2) of filing GC in EB2.

        Before I join here I gave signature that if I leave this company in process of green card I should pay entire money back.

        Last week I received email from attorney office saying that they filed my GC in EB3 category, i shocked and gave resignation, now my employer is demanding money.

        I found following link (---Private Web site Link Deleted---) and per this I am not responsible for PERM fee. Can you help me here that still Should I need to pay money what ever my company say because of agreement? If yes, can I demand for receipts for the same?

        I got a separate email from attorney that they will charge $3000 + advertising fee for PERM. can you please help me here
        Last edited by Rajiv S. Khanna; 16th December 2010, 08:35 AM. Reason: Private web site reference

        Comment


        • #5
          Hi Rajiv,
          I have couple of questions on my situation. Please advise.

          Question 1:
          I am on 6th year of H1B and got an RFE on I-140 regarding experience letters on company letter head. I had 2 previous employers B, A. My most recent employer company A gave me experience letter on company letter head for 1-1/2 years. I had 4 years experience with company B and that company B is out of business, I sent a request e-mail for my experience letter and that was not deliverable since company B's website was down, so I got an attested letter from my colleague at company B and submitted it for my application for I-140 in premium process.

          How can I respond to RFE on I-140 for experience letter on company B letter head? What are my options? Please advise.

          Question 2:
          My Visa on passport has expired October 2010. My H1B is going to expire on March 2011. I need to apply for my H1b extension in premium process after my I-140 decision above since I will be travelling to India in second week of February 2011 for my vacation.

          My current project with client in Los Angeles, CA location ends on February 4th 2011. My company is located in New Jersey. I will be working on the internal project within my company after February 4th. My role, location, job description and salary will not change with this internal project because our internal project team will be collaborating remotely on this project.

          Please advise on what needs to be done in terms of LCA and any changes to my H1b petition to reflect this change in my work. What documentation is needed for my Visa stamping back home in regards to internal project?.

          Thanks,
          -Ram
          Last edited by ram_la; 15th December 2010, 01:08 PM.

          Comment


          • #6
            Hello,
            I had interview along with my wife for GC on 18Nov.2010 at Newark as our daughter sponsored us. We were not aware that sponsor is also reqd and there was no mention in invitation letter also. Office did not take our interview without sponsor nor allowed us to call her there. He said we will send you a letter within 2 weeks.Now almost 4 weeks have passed and no letter is received from USCIS. Please advise how long it takes or it may not lead to any sort of complications.
            Thanks
            Sabah

            Comment


            • #7
              Green card for spouse.

              I got married to my first husband and he won the green card lottery. We both got green card through that. After little more than a year we got divorced and I re married year after my divorce. Now I need to bring my husband to usa. What are my options?

              Comment


              • #8
                Dear Mr.Khanna
                I am a Canadian citizen with no criminal record. I have been a truck driver for 6 years coming in and out of the United States. Four months ago I was interrogated for 12 hours and then denied entry to America. I feel it was based on my race. I tried to get assistance from legal aide,sent email to homeland security and applied Nexus trusted traveler which I was denied (They stated reason as other). I have been out for work since then and don't know what to do. Are you able to help in anyway?
                Thank you.

                Comment


                • #9
                  Dear Mr. Khanna,

                  I have 2 questions because of my situation.

                  1.) Is my son protected under CSPA ? : - My PD is Jan 2004 in EB3. I-485 for myself and my dependent son was filed on July 2007 when the dates became current for everyone. Since then the dates have retrogressed. My son is 17 years now and my concern is he might age-out by the time dates are current again and by the time we get our green card.

                  2) Am I eligible for EB2 ? : - I have a B.Sc (General) with Computer Science( 3 year degree from Delhi University) and a B.Ed ( 1 year degree in education). As per the recent Education Eval done, both the degrees combined are equivalent to a US Bachelor’s in Education. I also have over 10 years experience in IT. I already have this filed under EB3 but because of the long wait am considering EB2. At the same time do not want to risk EB3.

                  Thank you so much in advance.
                  Last edited by mendiratta; 15th December 2010, 05:02 PM.

                  Comment


                  • #10
                    H1B/H4 OUT OF STATUS-URGENT!!!

                    Dear Mr. Khanna,

                    I am on H1 status and had to resign my job on Dec 1st. My previous H1B is good until Aug 23, 2013. Found another employer who is willing to do my new H1 ASAP. Hoping to have it filed within 30 days. My wife is a H4 dependent. My wife went to India for a 2 month vacation. Since my employer did not revoke my H1, she entered United States on Dec 13th (after I submitted my resignation on Dec 1st) . My questions are:


                    1. What are the consequences for her entering United States after my resignation.
                    2.Am I out of status immediately or do I have any grace period?
                    3.Can I file for H1B transfer within the US or go thru consular process and get it stamped in India/Mexico/Canada. Does my wife need to go with me for stamping also?
                    4. What is my wife's visa status now
                    5. Can she apply for F1 visa thru a community college or H1 visa by finding a job. Does that require stamping too. (She has already worked in the US on H1 before transferring to H4.)

                    Please help!
                    Thank you so much.

                    Comment


                    • #11
                      Question for Conference call: H1B to F2 Urgent Advice appreciated,thanks.

                      Hello Rajiv Sir,
                      Thank you for this service. I have also previously used your paid consultation service and benefited from it greatly.Currently I am changing from H1B to F2 (spouse on F1) as my 6 years are up with no GC process in place. Does staying in US on F2 count towards the 1yr gap required to restart the 6 yr H1B clock or do you HAVE to be physically outside the US? What are my options? Thanks again.

                      Comment


                      • #12
                        HI
                        I am on EAD status with out H1b and how long maximum i can stay in india.
                        Second thing how can i bring my wife here from india with just EAD status.

                        Comment


                        • #13
                          Travel to US

                          Hello Rajivji,
                          I am on a H4 visa, with a visa valid till Nov 2011 stamped on my passport. My husband and I travelled to India this month. My husband had a visa interview scheduled in Chennai, to have the stamping done on his passport. But, they said his case requires "administrative processing" and he will receive his passport in 6-8 weeks only. When asked if I(spouse) could travel, they did not give a definite answer.

                          I am studying in US and my Spring semester starts on 12 Jan.
                          - I wanted to know if it is okay for me to travel to US, if we don't receive my husband's passport. What, according to you, should I consider before making this trip.
                          - What documents should I take with me?
                          - If I am denied entry in US, what should be my next steps.
                          - If I am denied entry, will it hold against me for any future travel or immigration-related purposes? For example, will they ban entry in future?

                          Thank you very much for your advice. Appreciate it.

                          Comment


                          • #14
                            Rajiv Ji,

                            Here is more information about my issue, if still my employer demands money then can I move legally with you or should I contact certifying officer?

                            The agreement contents:
                            xyz means my employer name.

                            PERMANENT RESIDENCY REPAYMENT AGREEMENT

                            In consideration of xyz's promises herein and my employement with xyz, I agree that if my employment with xyz ends prior to my admission to the U.S. as a legal permanent resident (whether by adjustment of status or pursuant to an immigrant visa) based on my employment with xyz, either because (i) I resign (regardless of the reason), or (ii) xyz terminates my employment for any reason other than xyz's business performance or business need (such as downsizing, reduction in workforce, or job elimation), then I will repay to xyz all Immigration costs incurred by xyz.

                            For purposes of clarification, I acknowledge that although the attorney fees associated with the PERM application and recruitment costs related to the Lawful Permanent Resident process must be paid by xyz, I understand that the Immigrant costs, comprises all other costs associated with pursuing US legal permanent residency including, without limitation, I-140, Immigrant petition attorney and filing fees; I-485, adjustment of status attorney, filing fees, phtos and medicals for myself and all family members (if applicable).


                            I further agree that if, after xyz begins the permanent residency process for me, my employment with xyz ends earlier than twelve months after the date on which I am first admitted to the US as a legal permanent residnet based on my employment with xyz, either because (i) I resign (regardless of the reason), or (ii) xyz terminates my employment for any reason other than xyz's business performance or business need (such as downsizing, reduction in workforce, or job family elimination), then I will repay to xyz all Immigrant Costs incurred by xyz.

                            I agree that the amount I must repay under this permanent Residency Repayment Agreement will become fully due and payable immediately upon the termination of my employment. I understand and agree that this Permanent Residency Repayment Agreement does not alter the at-will nature of my employment relationship with xyz in any way.
                            The confirmation email which I received from my HR before I join this xyz company.

                            Employee,
                            I wanted to follow up with regarding your immigration questions.
                            1.) According to our attorneys it looks like based on the role itself it is EB_2 (BS+8). Obviously this is not the official word from USCIS but in their recommendation it would be EB_2
                            Thanks
                            ~HR
                            -----------------------------------------------------------------------------
                            Hi HR,

                            As discussed, can you let me know that I am eligible for EB2 GC processing?
                            I have 8+ years experience. Feel free to contact me for any other information.

                            Comment

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