RECORDING available for July 2 Conference Call

[monica1]

Please download the recording for the July 2 Conference Call here

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: July 16, 2009

Conference Access Number: 1-785-686-1324
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.
__________________

[medicinemaan]

i am finishing residency and starting a new job. i have been offered a green card by the new employer . im currently on H1B and would be transfering my h1b(4th yr on h1b ). i do not want to stay with this employer for more then 1-2 year (2 max). it looks like the green card process can take more then that.
keeping this in mind should i START the process with this employer or look for someone later. would i be better off waiting ? thank you

[frustu_08]

My husband GC was approved in Sept 2007. My I-485 is still pending with a pd of Aug 2002. What should I do to get my case approved. What are they waiting for?
thanx,
Frustu_08

[abadabajabba]

The question is when can we file for my spouse US Citizenship?

My wife came to US for the first time on her Green Card in June 2002.
These are her specific dates when she resided in US:
(Arrive) - (Depart)

6th June 2002 - 20th June 2002

4th June 2003 - 18th June 2003 (Took a 2 year re-entry permit)

31st May 2005 - 29th Nov 2005

16th March 2006 - 27th Dec 2007

28th Feb 2008 - Today

Can you advise when can we apply for her citizenship?
Can we include her 364 days from June 2004 to May 2005 (period when she was out of US on a re-entry permit) to determine her continuous residency period?

Thank you

[frustu_08]

My brother is a GC holder in the US and is married. Now his wife is currently in India. My brother is due for his citizenship next year. When he applies for citizenship, should he apply as married? Also his wife visited me and her husband after their marriage as "unmarried" stayed for 5 months and returned to India. She again recently applied for student's visa, but was denied the same in Bombay. Will that be a problem when he applies for citizenship? Can she get her GC after he is approved citizenship? Thanx,

[Rani1]

Dear Sir/Madam,

My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal/termination decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

Here are the exact words from letter:

In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on March 13,2009 in this employment-based preference petition.

Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

Appreciate your help.

[kunalgirotra]

Hi

I am on a J-1 visa since 2008/04, working with a silicon valley startup in CA. I applied for a waiver to DOS in 2009/06 after submitting all documents such as No-objection statement etc. The DOS website now has the status of "request sponsor views". My sponsor is IIE (institute of international education) based out of New York. Do you recommend I write to the IIE program manager and request her to give a positive response to DOS? My present employer is willing to write a recommendation to IIE on my behalf if that would help. Or do you recommend I just sit back and wait for IIE to reply to DOS? As of now, I haven't informed IIE of my decision to apply for the waiver. Do you think the IIE respoding negatively will affect my waiver decision by DOS?

Your advice on this matter is highly appreciated. Many thanks for hosting this forum.

[neekat]

Hi Rajiv,

I am a GC holder. I am planning to marry a girl who is on L-1 visa. But her project duration is about to end in two months and then she will have to leave back to India.

Here are the questions I have:

1) If we get married here will she be able to stay as a spouse of Permanent Resident once her project is over? Based on the info I have seen on all the forums I doubt it but still asking.

2) Can she convert from L-1 visa to an F-1 visa here. If yes, will she face any issues while she has to for F-1 stamping when she travels back to India.

3) Will it be advisable to first get the F-1 visa stamped and then get married?

Thanks for your help.

[Sai4GC]

Hi Rajiv,

Thanks for your excellent community service. This will help lot of people like me who are stuck with the Immigration/USCIS Issue/Errors.

Please look into my Issue.

Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 of me my wife and two children's - denied on June 26th 2008. So, First applied MTR for I-140 - which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).

Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B.

Last year I had a consultation with you on my case and following the advised process. Thanks for advice.

Company B:
Before I joined this company B. They already applied my Labor (GC) and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1/H4 (regular process) extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old Company A's I-485. It looks like a real error by USCIS.

Now Applied MTR (Appeal) on H1 and H4 denial on Apr 17 2009 and waiting for response.

After taking suggestion from you on last session. I requested my employer and he filed one more H1/H4 (premium process) on 06/25/07.

Now my client is also ready to file H1/H4 for me.

Looking into this.

1. As my I-485 is showing transferred and pending means even though my H1 is denied... Still I can stay in US legally.
2. Is there any process to bring back my children and wife’s I-485 back into pending status – as they put my I-485 as pending status now.
3. Is it possible that, USCIS will link my New approved I-140 to old I-485?
4. If my new H1/H4 (premium process) which is applied on 06/25/09 got into problem. (Earlier applied MTR (appeal) still holds active on H1/H4 ?).

My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

Thanks a Lot in Advance.
Sai.

[alapana132]

Hi Rajiv,
Thank you for your effort.You make a lot of difference in our lives.

I have joined a masters program on h4. I have completed my first year of the program. I am currently on h4.My status will change to F1 in september of 2009.My second year of masters program starts in september 2009 and my expected graduation is supposed to be in May 2010. My university considers september 2009 to May 2010 an academic year . I read online that to get a OPT, a student should be in F1 for atleast 9 Months. Assuming that I graduate in May,
a) Will I be able to get an OPT? ( Since Sept 2009 to May of 2010 will mean that I will be in F1 status for only 8 months and not 9 months).
b) If I am eligible to apply to OPT, despite the 8 months of F1, when is the right time to apply for OPT ? Can I apply in March or April of 2009?
c) Recently a friend of mine is graduating from MBA and he wanted to know whether or not MBA is eligible for extending his OPT for more than an year.
d) My employer had applied for H1 in 2008 , but I never switched on to H1 because of some visa issues. I have the H1 papers with me. My employer recently contacted me and informed me that he cannot keep my H1 open for long. And he would terminate my H1.
1)Will I have any problems when another employer applies for my H1?
2)How can I use the H1 documents I have , when applying for a new H1?

Thanks,
Alapana

[PRholder]

Hello Rajiv and thanks for providing your services for people like us, seeking information

There have recently been a lot of RFE's for cases that have been filed in July/Aug 2007 and those that have been waiting for their priority cases to be current (mostly for those from India and China).

I have heard that these RFEs are because USCIS wants to do pre-adjucating of the cases so that once the visa numbers are available, they can move fast. Is that true?

Thanks and God Bless.

[manuvns]

my wife and daughter will be traveling to India on AP based on pending GC application . any special precaution to take care of . thanks

[pintobeans]

sree datta

Rajiv,

We can not thank you enough for your service. It is a blessing in disguise for us. Kindly advice me on the following issue.

while on employment based AOS, I was on H1-B with an approved EAD (not used the EAD by then); I took maternity leave for 5 months last year; then I got laid off and my employer cancelled my H1-B, but my EAD is active till 2010. My attorney told me that as an AOS applicant I can chose not to work as long as I wish while my application is in process; I haven't been working for the past 11 months (incl 5 months of maternity leave). My question is, my EAD will expire by 2010, how do I file for an extension? Also my attorney told me that I can chose to work in any field I want, and IT/software is not mandatory. Is it true? I am ready to start working again, but want to work in non-IT job for some flexible hours. Is it OK? how is it going to affect AC 21 that i'll have to file (since it will be non-IT)? Please advice. I am scared after talking to many other primary applicants.

[NoMoreSilence]

Hi Rajeev,

My PD is Jan 9 2003 in EB3 and like others, is waiting for final green card. Now I want to change my employer. Can I apply in EB2 with my new employer keeping the old PD under AC21 ?

Another question, my daughter is 19. Will she lose her H4 status after attaining 21, if green card not received ?

Thanks a lot!
- Ajay Patel

[tammy_ind]

Hi Rajiv,

1. I had my H1b visa with my company x from oct 2008 to sep 2011 and started working for company x from oct 2008.

2. Then i applied for h1b transfer to another company y(feb 2009) and started working for company y as soon as i got receipt number.

3. Now my h1b transfer to company y got rejected on June 10th 2009.

4. When i checked about my status with my previous company x they told me that they sent letter to uscis to revoke my h1b visa 3 months(march 2009) back. But they didn't get any update from uscis for past 3 months.

Now I am worried about what my status is now and people are saying that i am out of status now. In this case can i work for company y or not? or can i do something with company x to go back?. What are the available options to me now to stay in US and work for any company. do you think filing MTR and applying h1b transfer again is a better option?

Note: The reason for denial is "Petitioner is not an employer - not eligible to file H1b petition". But 2 peoples h1b transfer got approved for company y(They filed in jan 2009 and approved in may 2009, i filed in feb 2009 and denied in june 2009)

[zackhasit]

Hello Rajiv,

I wanted to know if there is any grace period for someone to find a new job after lay off assuming that he has 485 pending for 180 days and 140 approved ? How much time does that person have in US before he has to leave ? Thank you

[imq7]

Hello Rajiv,

We genuinely Appreciate your effort and Thank You for the excellent service.

I am a Canadian permanent resident residing and working in Canada. My H1 was approved in Oct, 2008 and is valid until Sep, 2011. I have not got my visa stamped and not started working with my employer in the US. I intend to join my Us employer after 8 months. I have my employer's consent on this. However, my employer insists that I get my H1 stamped at the consulate in Canada at the earliest in view of the major changes in the H1 scene since my approval in Oct, 2008

Meanwhile, my husband has started work in the US under TN and I intend to visit him as a dependant under TD visa. My questions are -

1) I would prefer to get my H1 stamped but enter the Us as a TD dependant for the 8 months before I start work in the Us under H1. Is this possible? (Seems unlikely but still asking - Can I have both H1 and TD at the same time?)

2) If not, I would prefer to postpone H1 stamping for 8 months and apply for a TD visa at a Canadian consulate. Does my approved H1 show up to the visa officer while requesting TD visa and what implication does it have. Also, is there a negative to starting work on H1 much later than its initial approval since my H1 was approved in Oct, 2008 while I will start work only in Feb, 2010?

3) Since my H1 approval in Oct, 2008 many things have changed on the H1 scene. Will any of that affect me when I apply for my H1 stamping in Canada. Will postponing H1 stamping by another 8 months cause any issue?


Thanks for your advise.

Best Regards,
Jenny

[ppuli]

Mr. Khanna,
As always, thank you for the wonderful service you are providing.

I have a question about my sister’s case. My sister has applied for her GC and her I-140 was approved in 2002. Her priority date is Feb 11, 2002 and the case is at the TEXAS SERVICE CENTER location. She got an RFE for the biometrics/medical exam in 2007 and she sent the information to USCIS. They received that information on August 31, 2007 (this is stated on the when we check online status). Most recently she applied for her EAD for the 4th consecutive year. When we call customer service, they are saying that they are also not sure why it’s taking so long for the decision to be made. Any suggestion from you on the steps we can take is greatly appreciated.

Thanks,
Pallavi

[fitness901]

Hello all and thank you every thing here i have sister got NL 2010 DV but she has old case with immigration let me tell you little about her condition now.
she came here ten years ago married with Guy and got interview she got approved stamp on her passport temporally green card you know conditional after that you summit your paper to show you still live together .....with my sister case,before that , the Husband pulled him self fall in love with another women........and he mess a case for her even he didn't wait for two years until she got her permeate green card......drop the I 130 .any way the Immigration all this nine years they tried the best to take that Green card from her ,the big issues first they lost her all file....no record almost for six year later my sister hired big time lawyer and she found lost file for her legally approved green card but immigration they kept same thing word "NO" and last year they said they do not want to open her case at all...........and she had leave the country voluntarily..........it was not order but she could re appeal again ,that what she did now wait for answer...........this mean time she got NL, and that is why we do not want any answer to come from them..........all this years we wait wait for them with lost file but now different ...........at least until she get some thing on her hand her number to be current and ask immigration court to drop her old case. it is complicated case. Is she has a chance to court to drop her case becuse she DV winner .......is that make a different in court and is she can do Cp and what is the chances for her?

Thanks

[shahab03]

Hello Rajiv

I have a B.S. and over 5 years of experience and currently working on a TN-1 as computer systems analyst. I would like to ask you following questions:

1) Do I qualify for EB-2 processing?
2) Under EB-2 can citizenship cause the process to go faster or slower?
3) How long does the EB-2 process roughly take?

Thanks and appreciate your conference call.

Shahab

[srikanthreddyus]

Good Afternoon Rajivi,
I have 485 initial interview soon but I just wanted to clarify about my recent H1B extension there was a typo on LCA (state name was incorrect but city names is correct) will it be taken very serious at the time of interview, please advise.
Or
2. Can I start working on EAD and switch back and forth from H1B to EAD within my H1B validity as along as I stay with same employer who has my H1B and GC processing (for example after using EAD few months can I travel to Canada and re-enter H1B if required).

(I acquired Canadian citizenship last year holding valid passport).

Thanks a lot for the great service.

Srikanth

[Aquib]

Do i Qualify for AVR (Automatic Visa ReValidation) If i have used Advance Parole in the Past

Here is the background on my Case.

Company "A" filed my Labor, I-140, and I-485. I-140 is approved.
Based on this Pending I-485 i got Advance Parole, i have travelled to India
6 Months ago and Entered US on Advance Parole.
After Entering US Company "B" filed for H1B Transfer and this H1 is Approved
with I-94 attached and i am now Working for Company "B" on H1B.

My Question is can i go to Canada and enter USA back using Automatic Visa Revalidation rule (AVR) based on the facts below:

- I am a Citizen of India
- I have an Expired H1B Visa on my Passport.
- I have a Valid Unexpired I-94 issued by USCIS along with my H1B Approval
- My Trip will be for less then a Week
- I have NO plans to appear for a H1B Visa Interview at the US Embassy
- I will NOT visit any other Country from Canada.

Basically, Do i lose my Eligibility for AVR Use, Since i have used Advance Parole in the Past.

[anusai]

Hi,

I am on F-1 currently and I am on OPT(valid till feb 2010) right now. I had my wife here with F-2( Valid till june,2011). and applied (in april ) for H-1b this year. The status of H-1b is pending till today.

1. With this status can she travel in July with F-2 and return back in august with F-2.
2. Can she travel after knowing that her H-1b was approved on F-2 visa.

[NonImmiKidsFate]

Hi Sir,
My entire family is on AOS. My kids who are of age 17+ and 16 are joining in Indian schools. Their AP expires by end of March, 2010 (next year).
I would like to know what are the consequences going to be if they don't return back to US before expiry of their Travel Doc.?

Can I apply for their TC when they are in India? Much appreciated for the valuable advise.
Thanks,

[novin]

Hi Rajiv,
Thank you very much for this great service.

My cousin who is on A-2 visa traveled out side USA and reentered on A-2 visa(he did not have AP)after filing I-485. Some lawyers have advised him that this o.k and he can go on with his I-485 process. Is this true? He is eligible for adjustment under 245(k).

[Singh4US]

I am new here and searched the forums and couldn't find any information regarding situations such as mine.

I am a US citizen and married an alien from India in June 2002. He has a 10 year B1/B2 visa which expires 09/2009. We had an early marriage and my husband returned to India two weeks later. He was gone for three months then returned to USA for a few months, then he returned back to India again and was gone for 1 1/2 years.

He returned to the USA in April 2004 and several months later we filed his I-130, I-765 and I-485 (09/03/2004). He has only received his EAD; nothing is stamped in his passport regarding any pending case. He received an emergency parole to visit his family in India when his father died last year, which has now expired.

We have lived together all the time as noted above except for when he was out of the country.

We have a co-sponsor for support as I was unemployed for several years and did not have assets to qualify for Affidavit of Support. Our first I-130 was was denied due to no income. Reapplied for I-130 with co-sponsor but that too was denied as the co-sponsor did not provide residency proof and his wife's signature. We applied again for I-130 with another co-sponsor.

We have had three interviews and still no GC: 07/12/2005, 12/21/2006 and 12/09/2008 at the Baltimore District Office.

Eleven days ago I received a letter from USCIS: "This letter will serve as notice of this Service's intent to revoke the Petition for Alien Relative, Form I-130..."

We submitted all required information and documents requested as evidence that we have a bona fide marriage: 3 notarized affidavits from family/friends regarding our marriage; letter from employer stating particulars regarding my job, date of hire and spouse listed as emergency contact; health insurance enrollment cards and benefits info; joint tax returns; photographs; marriage certificate; joint bank statements; joint car insurance cards; and joint vehicle registration, joint vehicle title, joint vehicle purchase order. We have no other joint property except for the one vehicle. Only the electric bill has both names. I own my home outright as it was a gift from my father in 2000 and only my name is on the deed.

The NOIR states that the documents submitted are without corroborating evidence and lacks probative value.

NOIR: "You first presented two benefit enrollment forms. These are dated 03/10/2005 and 05/25/2006. These forms appear to demonstrate that the beneficiary is covered under your employment benefits policy. However, you and the beneficiary have been married since 2002. According to this documentation, you did not add him until three years after your marriage occurred. It does not appear that he has been covered throughout your marriage. You did not submit any additional regarding what benefits the beneficiary receives. Without corroborating evidence, this submission lacks probative value."

I was furloughed from my employer shortly after the 9/11 terrorist attacks as my industry was severely effected (commercial airlines). During that time, I did not have any benefits from the company except free airline travel for myself, and other family members. I was hired in 1992 and recalled back to the company in 2005, at which time I added my husband to my health benefits immediately. He and his children were added immediately upon our marriage in 2002 for travel benefits.

As stated above, I was not working for the airline since 10/2001 and was recalled 02/2005 and did not have any benefits entitlement except for free travel.

Due to language problems, my husband answered several basic questions differently from my answers. Even the IO told me that he was very frustrated during the (Stokes) interviews due to the language barrier. Thus USCIS thinks that we have no basic knowledge about one another. USCIS used ChoicePoint for address verification which shows six other names associated with our home address and that both my husband and I have totally different addresses somewhere else in Maryland. The ChoicePoint information is erroneous. Please note that ChoicePoint sold consumer info to identity thieves several years ago. (Google ChoicePoint fraud or ChoicePoint immigration.)

USCIS is not accepting any of the proof that we have provided, not even the photographs which they say are staged! They say that we are in a sham marriage, not a bona fide marriage. "Your marriage was entered for the purpose of circumventing the immigration laws, referred to as a fraudulent marriage, or "sham" marriage, is not to recognized as enabling the alien spouse to derive benefits."

Worst case scenario: I could be prosecuted for conspiracy, fraud and giving false statements under oath which is punishable with a 5 year prison sentence and a fine of $250,000. My husband can be deported.

We only have two weeks to make a rebuttal.

We are in a bona fide marriage, although the relationship has been rather difficult and strained.

This has been a nightmare!! HELP PLEASE!! Thanks.