Recording available for download for March 1 Conference Call

[monica1]

Recording available for download for March 1 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 15, 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.

[Glad2000]

Hi Rajiv,

This is realted to H1b stamping at Chennai consulate.
I had attended interview at chennai consulate in mid dec 2011 for my H1 extension.
The Officer asked details of my company and since it was a small company(3 employees)
gave me 221(g) asking additional docs(Employer's financial statements,unemployment wage returns,employer - employee agreement,797 and all docs that were submitted to USCIS for the petition) to be submitted along with passport. My employer is the Vendor to the client and works at the client site with me reporting to him and this has been explictly stated in the client letter. I submitted all the documents and after 4 weeks they sent back my passport with a new 221(g) refusal with the following checked:
"Your application requires additional administrative processing before a final decision can be made. This office will contact you once this administrative processing is complete"
It has been 2 weeks since I received the new 221(g).
For the record I had gone for stamping last year working for the same employer,client and location and was successful. They delayed it by two weeks after client verification.
How long do you think it could take for admin processing to complete and decision to be made ?
What are my chances of getting approved ?
Do I have to ask my Employer to try contacting the local congressman if I do not receive any response after few weeks ?
I have completed 6 yrs of h1b so my 797 is valid only until dec 2012(1 yr validity).
If admin processing takes to long will it be a good idea to file a new petition ?
Since I am not aware of the underlying reason for it being sent for admin processing I could face the same issue with the new petition ?

[nitinauroraz]

Hi Rajiv,

Thanks for taking my question.

Can my mom, who is a US Greencard holder, file a I-130 petition under category F2B for my sister who is a widow and has two children. ? Since category F2B is for unmarried children (over 21 years old) of a permanent resident, I wasnt sure if being widow classifies as unmarried ?

Thanks,
Nitin

[dame]

Hi Rajiv, Thank you for this service. I’m in I-485 pending wife not included. I got a very good job offer and the new employer want me to come work in EAD. They don't want to transfer my H1-B (required for my wife to be in H4).
q1. What options do I have to keep my wife in US while I work on EAD?
q2. What is he difference between "follow-to-join" and employment based GC or visa number?
q3. What do you think about the chances of getting H.R. 3012 or "Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization." passed?
q4. Will there be any other relief for folks like me waiting for 7+ years on EB3 and wife unable to work situation?

[swe82]

Hi Rajiv,

Thank you so much for the service.

My H1 exprired on 09/30/2011 and I timely filed for the H1 extension (09/23/2011).
While my H1 extension was pending I filed for my I485 on 01/04/212 and recieved my EAD/AP combo card recently.

Inspite of me working for a direct client( famous university), I got a RFE for my H1 extension asking for my client location lease agreement which is next to impossible to provide.

and so I was am thinking of switching to EAD now and I have to quickly travel to India for couple weeks and my questions are:

1) when my H1 extension is pending, Can I now switch to EAD and travel to India on AP with out any problem at port of entry?
2) if I now switch to EAD, what would have been my status from 09/30/2011 untill now (as I am still working)
3) will I have any problems at the 485 stage if I switched to EAD now
4) if H1 gets denied what would have been my status from 09/30/2011 untill now?

Please let me know

[justaquestion]

Dear Mr. Khanna

We have applied for EB - 485 in January 201 at TSC.

1) My spouse just received the EAD+AP Combo card. However, we never received any approval notice for EAD or AP. Is an approval notice required for travel or any other purpose ?

2) Online status shows that my EAD was approved a month back but I have not received anything yet . Do I need to inquire with CIS ?

3) I am planning to go for a new H1 stamping (have valid/approved petition) during my trip to India. If the H1 is denied or delayed can I return to US using my AP ? What other documents are required at POE if we enter on AP ?

Thank You much for your valuable advice

[scar1978]

My I485 is being processed by Texas service center.

I have a quick question.

One of my previous employer filed a wrong LCA, ICE investigated them and filed a case aginst them during 06/09 and the employer left country instead of fighting the case in court.

I have worked for them from 03/08 to 06/09

After that I have changed my H1 to a different company and got approved Labor and 140 with them.

My priority date was 11/2009

Recently I have heard that some folks are getting Notice of Intent to Deny I-485 due to past LCA discrepancies.

I have not left country since 08/07 and had not got my H1 Visa stamped.

My question is How is it going to impact my I-485 ?

[andrewgc]

Hi Rajiv,

I got my GC a couple years back on July 2010. I wanted to know:

1) Can the re-entry permit be applied as a backup travel document? I have had some terrible luck while travelling and wanted to know if the re-entry permit can be used to come back to US if the GC gets misplaced during a trip?

2) Also, does the sheer act of applying for a re-entry permit break the “Continuous Residence” requirement for Naturalization?

3) If I apply for re-entry permit and just use it for 2-4 weeks trips, would this protect the “Continuous Residence” required for Naturalization?

4) Is there a certain period of time a LPR has to wait to be eligible for the re-entry permit?

5) Would you advise getting an attorney to file the re-entry permit application or just do it oneself?

6) I am currently unemployed. Will that affect the re-entry permit approval?

Thanks for the help,
Drew

[manish_13]

I could not hear answers to my questions due to audio disturbance during the call on Feb 9th and even in the recording. Also, i could hear something about referring to blog. Can you please send me the link to the blog and also answer the following questions which i could not hear?

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?

Thanks
Manish

[itmatters2012]

Hello Rajiv,
Thanks for given me this opportunity to ask questions on your blog.
I am selectee of the DV2012 lottery. I did AOS and has been approved and I am now an LPR. My son who resides abroad is part of my DV application. I am a little confuse about the procedure of scheduling an interview for him at the embassy abroad so that he (18yrs) can apply for his immigrant visa.

1) Do I need to file I-824 with a cover letter emphasizing that it is DV case and should be expedited? If so, how often do I need to contact USCIS to make sure I am not caught up with time since DV2012 ends in September. Or

2) Do I need to contact the embassy directly letting them know that I have been registered an LPR?

I was told that DOS will need to forward our documents to the embassy but I am not sure how it works with USCIS part.

3) Is it also possible for me to travel abroad with all my credentials to enable him get his immigrant visa?
Thank you for taking your time to answer my questions.

[prasad121]

Hi Rajiv

[ashikali1208]

hello sir

My Name is Askar, i am from India and my educational background is software engineer.

firstly its glad to writing you, and i really very appreciated for your time, and sorry for my bad English

Question:

1> i have applied for b1-b2 visa in Nov 2010 at the time my case was kept in pending in administrative processing. since Dec 2010 to till now i have contacted number of time to consulate but always they have replied me that we can not predict the time. after my company send some other people to my business associate location and completed the work of USA. so after i have send the request to consulate before 5 months for withdraw of my B1-B2 case through VSF help center i have send request almost 2 time but still my case is not withdraw.

i have received the reply from the consulate that "we have received your request and we are on process we will inform you soon"

i have called number of time to VFS customer care and followed exactly same instruction as they have said. even today also i have send the request for withdrawal again.

till now i did not received any conformation of withdrawal from them.

on other hand jan 2011 i have applied for Eb1-EA(self petition) and now i have received approval from the USCIS, all process with NVC has been completed and now in middle of April i have visa interview. so my question is that,

2> for interview of eb1-ea should i prepare for any types of demonstration of financial supporting documents? is that required? if yes then how much finance i should show? what are the ways which i can use for demonstrate such as may i submit my income tax return, property value etc...?

3> should i get job offers or living planing of USA? while my visa category is independent and does not need any job offer from employer. however i have received some job offers from US company on the condition that they are asking for my approval notice of i-140 and copy of my passport and interview letter? should i give them?

4> my b1-b2 is still in process is that case affect on my current immigrant case? i do not have any idea that why they keep pending my case.

5> i have clean history and background, i never visit to USA before and in India i have great reputation, i am financially strong also, even in this year i have achieved so many things in India such as i have created number of job opportunity for government because of my skills, my books become best selling etc... so i do not have much worry about this but still if because of any circumstances or reason if i have received refusal then may i reapply for this visa to consulate?

what option i will be remain for me in this types conditions?

6> when and why consulate may denial or refuse the visa? what section they may use?

7> what type of question will be asked by consulate's VO? from where i can receive more info?

7> do you have any advise other than above for my case which i should be prepare?

Thanks Rajiv Sir

[monica1]

Question from a member, Mathew asked to add this to our today's call.


Hello Rajiv Sirji,Came to the US in Nov 2002 . Labor cert filed for EB-2 for job A in April 2004 which got approved in 2006 but I changed jobs to B with in the same college. Labor applied for second job same company which got approved in 2007 and I-140 also was approved in 2009 and since the date was not current I never applied for I-485. Switched to Job C ( residency ) in Ohio got 3 yr H1B extension which is valid till Dec 27th 2012. but my residency doesn't finish till Jan 4th 2013 officially I just interviewed for a few future jobs as a Hospitalist/ primary care /internist and the lawyer of the prospective employer told me the following: 1. Since my EB-2 priority date Sept 2007 is current I am not eligible for H1B extensions, is that true??2. She also said that I will not be able to even finish my residency since I will not get extension for 7 days.
3. SHe also said that PERM for a new job cannot be submitted till I graduate from the residency program. Even though Ohio state allows me to get a permanent licence to practise after 2 yrs of residency which I already have now. Is that true?? Second scenario: My wifes has her own greencard petition applied nd approved I-140.Labor was was for EB-2/ JOb said advanced degree required but the I -140 was approved in EB-3 category. The current lawyer appealed I think very late and never got a response from USCISWhat are our options ( her PD is current now if it was EB-2 Jan 2010) The lawyer realised the mistake done by the firm and is suggesting that now we shoudl file petetion to amend I-140 and also file I-485 with it assuming it will be approved. Sir please help me out. I am having sleepless nights about this now.