Recording available for download for Feb 9 Conference Call

[monica1]

Recording available for download for Feb 9 Conference Call.

http://www.immigration.com/free-comm...nference-calls
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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 12:30PM, EST
End Time: 1:30 PM, EST
Next CALL DATE: March 1, 2011

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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.

[andrysneil]

Hi Rajiv,

I was on F1 Visa on OPT and applied for H1 and Green card with G325A form, submitted translated marriage certificate, which my wife brought while coming to US, with all other docs. Got my H1 approved and later on GC was granted.

It is almost 3 years now since my GC was granted, while archiving my old documents I noticed that the translated marriage certificate which was submitted with my H1 and Green Card Application has incorrect year whereas month and date is correct. All the relevant forms including the form G325A were filled out as per the date mentioned in the marriage certificate .

I want the erroneous date to be corrected/amended and have the USCIS or State Dept records updated. Kindly suggest, what would be the process and how long would it take?

Thanks in advance.

[mmads]

Applied for green card with company ABC under the future employment category and received EAD/GC late last year. Upon receiving the GC was told by company ABC that the company is not in good health and might close soon..so didn’t join the company ABC and started working with a different company with the same job responsibilities. Need to find out if I absolutely have to join company ABC and work for a few months to satisfy the condition of intent to work for the sponsoring employer (or) Is it sufficient to get a letter from company ABC that the job doesn’t exist right now and might be available in future.

[lakshmi_m]

Good morning Rajiv ji. Kindly see my history below. I entered USA on F-1 visa in 2001 and never left USA since 2001.

Jan 2001- May 2003: Completed M.S.

May 2003- April 2004 : EAD/OPT. Did not work on EAD.

June 2004: Applied for Ph.D in same university.

July 2004: I-20 for Ph.D was approved. I-20 was valid until July 2008.

Aug 2004: Started going for Ph.D classes.

July 2005: COS from F-1 to H-1B. Receipt date of H-1 B with company A is July 2005. Discontinued going to Ph.D classes as H-1B was filed with INS in July 2005.

Oct 2005 - July 2006: I was on H-1B visa with company A. I was on bench during this period, for 10 months.

Sept 2006: Joined company B. I have been working with Company B since Sept. 2006. Company B filed for Green Card in 2009.

My P.D. is current in Feb 2012 bulletin. I am planning to file I-485.

Questions:-1) Referring to my immigration history including filing dates for COS above, kindly advise if you fore see any issues if I file I-485 without departing USA.

2) With company A, I was on bench for 10 straight months. However, employment letter from company A states that I worked for the time period I was employed on H1-B visa. I do not have W-2 with Company A. Is there a possibility that USCIS would know that I was on bench without pay for 10 months? I have been assuming that USCIS would not know because I have valid H-1B approval notice with employment letter from Company A. Is my assumption correct? Kindly advise.

3) Would USCIS consider timely filing an application for COS (before current status expires) as a criteria to determine if one is out of status, (or) would they dig into month by month basis and check immigration history to determine if one is out of status? (Like my situation in above question # 1 where paper work looks good but not immigration history, I did not get paid for 10 months even though I have H-1B approval notice and employment letter). Kindly advise.

4) Let's say that after filing I-485 in Feb 2012, if I depart USA and enter USA on valid H-1B visa in April 2012. Before I-485approval, in case if USCIS issues RFE about maintaining my status, would it be acceptable by USCIS to approve I-485 if I show my most recent entry to USA in April 2012 as an evidence and prove that I do not have any gaps in status after my most recent entry to USA. Kindly advise.

5) Do gaps in Student Visa status trigger RFE for I-485? Would it cause denial of I-485?

6) If I-485 is denied, could one apply for I-485 again using previous I-140?


Thank you very much!
Lakshmi.

[manish_13]

485 filed: Jan 17th 2012
FP appointment: Feb 24th 2012
New job offer Joining date: March 19th 2012
With sponsoring employer for last 3 years

1. When can i legally start working for another employer after getting GC? Is it necessary to continue with the sponsoring employer for few months? In case i leave the sponsoring employer soon after getting GC and am audited, is it considered fraud and can that result in revokation of GC?

2. H1B extension till Feb 2015
If am not able to join the new employer due to no EAD/GC till Mar 19th and if i dont have a job for another 2-3 months, is H1 still valid?

[sinathi]

Hello Rajiv,

I did my Bachelors in Computer Applications by following the diploma route - that is doing 3 years of diploma after my 10th standard and then my BCA course. I also have 10+ years of experience.

Last year my company had filed my PERM in EB3 which got into an audit and the audit response got rejected, now it is on appeal.

Attorney suggested to file a different PERM based on my new job title. In the new PERM they are now saying that filing my GC under EB2 is not possible and will be better if we file under EB3 - just because my BCA is 3 years. This does not make a 4 year degree a 3 year degree.

Please advise what to do.. attorney is pretty adamant about this saying that they have seen cases getting rejected due to this.

My company is from Texas.

I am left with 6 months on my H1B. Please advise.. I am getting desperate..
What should be the course of my next action? My company will not allow me to talk to different lawyer..

Does it help Getting my education evaluation done from good evaluator to show it is equal to US BS? or should I do any online BS or MS which accepts 3 year degree from Inida as BS.

Please help.. Really appreciate it.

Thanks.

[monica1]

Question from another user

I Applied for a Student Visa and was approved, and got married before coming to US. Left for US and sent I-20 for wife and kids and they applied for dependent F2 visa, got approved and came to US.

Later applied for H1 and Green card with G325A form, submitted translated marriage certificate, which my wife brought while coming to US, with all other docs. Got my H1 approved and later on GC was granted.

It is almost 3 years now since my GC was granted, while archiving my old documents I noticed that the translated marriage certificate which was submitted with my H1 and Green Card Application has incorrect year whereas month and date is correct. All the relevant forms including the form G325A were filled out as per the date mentioned in the marriage certificate .
I want the erroneous date to be corrected/amended and have the records updated. Kindly suggest, what would be the process and how long would it take? I just want to update the document and correct the year, as the date and month is correct.

[BetterWorld]

1. He was working with previous employer A on H1B. I-94 of Emp A was valid until Nov 2012.

2. Joined Emp B, and Employer B applied H1 transfer on May 15, 2011. H1 receipt shows receive date of May 05, 2011

3. H1 from emp B got RFE (not a high skilled job ), responded but finally got denial on July 10 with 1 month to appeal. But never appealed. Reason for denial: not a high skilled job (though it is high skilled IT job at one of the big healthcare company)

4. Emp C filed H1 transfer on November 20th from emp A. Approved on December 8, 2011 but without I-94 reason being "emp A had withdrew H1 application on May 15, 2011 and applicant is out of status. Applicant should go out of country as soon as possible and get the stamping. Delay going out of country could result in ability to re-enter".
Applicant failed to maintain H1 status. Applicant was violation of his H1 status at the time of filing of petition for the extention. Accordingly, the request for extention of stay is denied. (I was working during these months though paid only during H1 processing times)

>>Please note that receipt date on Emp B petition, and date emp A had withdrew H1 application both are May 5th 2011. Date about withdrew application by Emp A is mentioned on the H1 approval from Emp C.

>>>Also, Approval for Emp C was for the same job which was denied when Emp B filed H1 transfer.



I'll appreciate if you can help me with following Questions:

a. How long my friend 'out of status' and/OR unlawfully present ?


b. What should i do as my next step? Shall i go out of country for stamping or something else ?

c. Is there any re-entry bar kicked in yet ? If any BAR has kicked in, Is it advisable to go out of country?

d. Is there anyway we can request I-94 without leaving US ?

e. What are the options available to me at this stage? Can this be rectified like Nunc pro tunc (As in case C transfer was approved ?

g. Will there be problems in employment based GC, if i start one now? What problem i might face and what can be done to resolve those?


>> What is your overall suggestion on this? What should he do?

[shibani44]

Hi,

My Aupair from Brazil wants to stay here beyond her 2 years and convert her visa to a student visa. The college she wants to go to is willing to do all the paperwork in the US, without travelling to Brazil. And she would prefer to do this option, however she would still like to visit Brazil once converted to a student visa. Basically she doesn't want to be in a position where she is a student here, but cannot go home. Will she be able to travel on that visa and come back here?

Or does she need to go back home and apply from there?

Thanks
Shibani

[BSAK]

Hi Rajiv,
Currently working on H1b visa at a Client location and the client is moving to a new location.
Hence Employer planning to file New LCA to reflect the New Client Location.
The issue is that the New Client Location cannot be Physically accessed until the move
happens in March/April due to construction/remodelling work.
So how can the Notice of posting requirement - notice of the filing must be
posted in two conspicuous locations in the place of intended employment / worksite
for ten consecutive business days be accomplished.
The end client does not want to use the Electronic methods of posting.
The LCA has the Employer Addess(in a different state) and The New(Future) Client Location of the client.
Thank you.

[gcgoodguy]

Hello Rajiv, Thank you so much for this community call.

Here is my scenario:

I currently have AOS and I am on EAD/AP with EB3 India Priority Date 10/2003 which is not current. My I-485 has been pending from 07/2007. I recently got married and my wife is in India and I wanted to sponsor her so that she can join me here in USA.

My EB3 I-485 pending and recently my company has filed for EB2 I-140 in premium processing basis. The company lawyer has put my wife's name in the I-140 and mentioned that she will do Counselor Processing to get her Green Card. Now, if my I-140 is approved, then my priority date will become current and I wanted to know how much time it will take to get my Green Card if we interfile EB3 to EB2. My FP is done back in 2007. How long will it take to get a Green Card to my wife by doing COUNSELOR PROCESSING? What is the procedure and if you could explain this then that will be of great help as not much is discussed on this topic anywhere over the internet?

Also, I have a H1B valid till 2012 with another company BBB with no I-94 and I am not currently working for them but since I have EAD, I can work for them and get paystubs and if I am able to do that, then CAN I SPONSOR MY WIFE H4 VISA EVENTHOUGH I AM ON AOS STATUS and my I-94 is showing as AOS? Is that advisable to do that to have my wife come on H4 and then file I-485 here in US? Which route do you suggest me to go for COUNSELLOR PROCESSING OR H4 AND WHICH WILL BE A FASTER ONE?

Please advice. Thank you!!

[nitinmisra]

Hi,

This query is regarding a friend of mine.
He came to US on L1 and later got converted to H1B by the same employer. Six years inclusive of his time on L1 & H1 is expiring in Nov, 2012.
The employer filled for Labor and I-140. Both got approved and Priority date became current in this month in Feb, 2012. He was eligible to file for I-485 in February, but instead got laid off, his employment being officially terminating this Friday.

Questions:
1. How much time does he have to transfer H1B to a new employer?
2. Based on his approved I-140 from ex-employer, will the new H1B be issued beyond Nov, 2012? If no, is there any way he can stay beyond his 6 years?
3. If the new employer agrees to file for a new labor, can he use the priority date from ex-employer? Should his new Job profile be exactly the same as old one?

Appreciate your help and contribution to the community.

Thanks.

[Consultant007]

Hi Rajiv, I have a question about my pending I-485.

I filed EB3 in 2007 as part of the Labor Substitution. PD Oct 2003 India. EB3 got denied in after one year and it was appealed and also refiled and I-485 was still pending (went to AAO). Recently the refiled EB3 got approved capturing the PD of Oct 2003. My I-485 status still shows that it has been sent to AAO for review.

Recently company filed for EB2 PERM and it got certified and I-140 also got approved with PD 05/2011. Now my PD is current. Lawyer has sent the interfile letter and I still did not get my I-485 approved. It has been 5 months now since we filed the Interfile letter.

We filed NEW I-485 RECENTLY and we did not include the medical as lawyer mentioned that its not required since last time we have submitted the same. I wanted to know how long it will take to get the I -485 approved? Our FP is also not done yet. New I-485 has been filed in the month of FEB 2012.

Thank you.

[nitinauroraz]

Hi Rajiv,

Thanks for taking my question.

Background -
My mom got her greencard in 96. For the first 8-9 yrs, she stayed mostly in India and would visit US for 3-4 months using reentry permit every 18 months or so. But she has been staying with me continously since 2005 and I would like to apply for her citizenship. I believe she meets the continued residency criteria since she has been in US for the last 7 yrs.

There are couple of questions in the N-400 application which I am not clear about and was hoping you could point me to the right direction.

1) She is a housewife, has no income and no tax return since becoming a resident. Would that create a red flag in her application or interview process ?
2) Regarding question 7c in the application which asks to list all the trips over 24 hours since becoming a legal resident. I am going to put down all the trips since 96. My question is - I have read some of the forums where folks have said that the applicant is asked to tell how he maintained connection with US while he was away from US for more than 1 year. My mom had no connection (no bank account, no tax return, ). Should she just reply that she had no connection, if asked ? Have you seen any cases which were rejected due to this reason ?

Thanks,
Nitin