Recording available for download for April 12 Conference Call

[monica1]

Recording available for download for April 12 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: April 26, 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.

[rahulgopaljoshi]

Namaste Rajiv Ji

Background - Bachelors in Engineering and Hold a Master's Degree in Information Systems (from the US UNiversity)
Currently working on H1-B, filed for extension (after initial transfer) and H1-B period of stay expires in 2014.
Total Work experience (including Indian ) around 5 years

Question - My current employer is in the process of putting together PERM application. One of the rules mentions that if the duties you carry out
for the PERM position are significantly similar to the one in your current position with the employer filing the PERM, then your current experience with the employer does not count towards the experience. If this is the case, how do we make use of the current experience, because I will be more or less continuing on with the same duties with some enhancements. (With respect to possible EB-2 category request)

Also, under Masters + 1 yrs experience choice for EB-2, does that 1 YR Exp have to be very relevant to the job description, if the Master's coursework in itself is quite relevant ? Can requirement for a Master's level education be a mandatory part of the job description itself ?

[mejaan1432]

US resident since 1996 through marriage.
Got my LPR card in 2001 due to missing our interview.
Divorced in 2003 and then moved abroad in 2004 due to close family illness and used to visit once a year for a couple of weeks.
Applied for Re-entry permit in 2007 at the advice of immigration officer at the airport.
Left after applying and flew back in June 2008 after 185 days and coincidentally my Re-entry permit was issued the date i flew in. I have established my residency in the US since June 2008 and have taken a few long trips since June 2008 but never longer than 180 days. I already have spent 915 days in the US with 481 days outside the US in the past 4 years. My Residency card is expiring next month which i am renewing.
My question is will i be eligible for 4 years and 1 day rule although i have never taken a trip longer than 11 months prior to June 2008. Last trip longer than 6 months ended when i came back in June 2008 and that was 185 days. Their is a lot of confusion in everything i have researched so far because apparently 4 years and 1 day rule applies if one has been gone for over a year and enters the country with a re-entry permit. I have done neither of them. I couldn't find anything specifically about 6 months to 1 year absence. What will be the best time for me to apply?
Any help will be greatly appreciated.
Thanks

[Glad2000]

Hi Rajiv,

Thanks for all your help in answering our questions

I have completed 6 yrs of h1b and renewing on yearly basis based on labor petition.
Received latest I-797 dec 2011 to jan 2012
I had gone for h1 stamping at chennai in Dec 2011
The case has been sent for additional admin processing after submitting documents and have not received any response till date
Do I have the option of applying for new I-797 for 3 years starting dec 2012 since I am not sure how long admin processing will take ?
If So will I be subject to quota since I have competed 6 yrs and have been out of country for 1 yr ?
If not subject to h1b cap(under master's degree) can I apply for new I-797 based on my Labor certification and if 140 gets approved in next few months ?
I am asking this question since if I am subjected to cap my employer will have to apply soon and if not subjected to cap I can still wait for admin processing for my current I-797 to be completed

[monica1]

Question from justaquestion
---------------------

I am on H1 ; 140 approved; 485 applied in January 2012. Have EAD and AP.

Company acquired in April 2012. New Management assumed all asset and given me
a letter stating they are assuming my H1 and GC responsibilities.
Role, responsibility is same but company moving to new location about 10
miles (in same MSA -- convenient and regular commuting distance).


Question 1: Do I need H1 amendment/LCA ?

Question 2: 180 Days has not passed since filing 485. Can I still use AC21 ?
I am asking because in Ayte's memo, I see -- "Since there is no requirement
that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the
I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien
ineligible to port."

[sawhneymaninder]

Hi Rajiv
Appreciate you offering this service. Here is my background.

- H1 initiated in 2005 with employer 1
- H1 transferred to employer 2 in 2006
- Employer 2 initiated Green card. PERM and 140 approved in EB3 with PD of May 2008
- H1 transferred to employer 3 (large scale tech firm) in 2010 and H1 extended to 2013
- Employer 3 initiated green card and PERM approved in EB2 with PD of Oct 2011
- I140, I765, I131 and I485 filed concurrently in March 2012 assuming porting of priority date from employer 2
- As per online status, I765 and I131 are approved, I haven’t received anything in mail yet.
- No status available for 485 and 140
- As you know PD has retrogressed since then, so I am assuming that I won't get my 485 approved right now.

Questions
- Would I need to wait for the May 2008 PD to be concurrent again before I can get the GC?
- How does having an EAD change my current employment situation? Am I on H1 or on EAD?
- How can I travel internationally with an AP between now and till I get my GC. Is it advisable to do so?
- I read that it is preferred to stay on your H1, because 485 can be rejected etc. What is your advice?
- Can I change jobs once 485 has been pending for 180 days?
- How would I know for sure that the PD of May 2008 has been ported over?
- Any other suggestions while in such a situation?

Thanks

[flyingfishes87]

My case

Came to US on F1 Visa to Good XYZ university in December 2008 and completed one semester i.e for spring 2009 (Jan 2009) and took official summer break. after that
Transferred to Another Good ABC University for Fall 2009 (Aug 2009) and successfully completed one semester. after that
Transferred to Trivalley University for Spring 2010 (Jan 2010) and took CPT from OCT 2010 till the university was closed (Jan 2011) but only utilized OPT
After Trivalley is closed I moved back to my old ABC university and applied Reinstatement in March 2011.
Got RFE in June and replied RFE , while the status is still pending I went to Mexico and Re entered in Sep 2011 with new I 94 card and new SEVIS.
Before I was leaving my DSO told me that he has cancelled the reinstatement from with in the sevis. So I did not with draw my application from USCIS even after I re entered and later I got a message saying my case is denied for reinstatement.
I consulted a lawyer and she said I am in status and it does not affect my current student status even if my resinstatement gets accepted or rejected

My question is I want to apply OPT as I am finishing my studies and I am extremely worried if my OPT gets accepted or rejected. Do you think reinstatement denial will affect my OPT application. What are the options I will have if OPT gets denied? When is the best time to apply OPT as I am graduating on May 22, My DSO says I can apply within 60 days of graduation date i.e I can apply before July 22nd,2012. If I have to apply H1 should I apply OPT now as the approval/denial will be out in 90 days.

[oseresta]

Here is my situation

Currently I am Engineer (which requires PhD + 1) in company A.
My company wants to file PERM based on future promotion (title senior engineer)

This job requires 6Yr experience post PhD

Before joining the current company, I have PhD + 3 Yrs 11 months.
Right now I have PhD + 5 Yrs 1 Month (including current company)

My manager is okay with the prevailing wage and if of the opinion that I will be promoted next year (and the current and future job responsibilities are more than 50 % different).

But I am worried that my labor (or may be later I140) will be denied based on the fact that I do not have necessary experience at the time of priority date or labor application.

For PERM based on future employment, when do one needs to show the proof of experience, wages, etc. Is it at 485 stage or I140 stage or labor application date.

Thanks

[manish_13]

Receipt date: January 17th 2012
Received EAD/AP: March 13th 2012
I485 is pending

I have job offer from new employer and need to join on May 1st 2012.

1. Can i use AC21 to join the new employer before 180 days?

2. Can the dependent join new employer before 180 days? if there is RFE on primary, will it affect the dependent 485 application?

3. Can the sponsoring employer create any problems if i change employers using AC21 both before & after 180 days?

4. Even if the sponsoring employer does not have any issues, what happens if we receive RFE on employment once i change employers?

[rahulgopaljoshi]

Posting this for other friend, whose login is not yet activated, but he is participating in the conf call

I am currently on H1-B with direct employer. PERM petition applied
and approval pending. I want to travel to India for a family function.
Do you feel there could be any issues with this travel ?
I also need to stamp my visa while coming back. So what happens in this case ?
Is it more advisable to travel only after PERM is apporved, and in that case, in thr future, is it fine to travel when I-140 is pending ?

[rahulgopaljoshi]

Posting this for other friend, whose login is not yet activated, but he is participating in the conf call


I am currently on H1-B with a reputed chicago-based consulting firm. My PERM petition has not yet been applied by my company, as they're not ready to start it right away. I would ideally like to start it ASAP, and hence was planning to add myself as a secondary applicant on my wife's PERM application.

Questions:

Do you feel there could be any issues with this as I've heard that the secondary appliant has to move to a dependent status (H-4) for a little while in this process? I'm trying to understand if it'll be a big risk for me, as the rule means that I'll have to leave my current job at some point during the change over from non-immigrant to immigrant visa.

[ashvenbuk]

My H1B transfer from Employer A to Employer B has been denied for lack of
client letter.Not sure if "Employer A" has not cancelled the previous H1B.

Employer B is filing a Motion.

I am filing new H1B with Employer C.

My H1B visa ( passport stamp) on my passport is still valid.

Question 1
If Employer C's H1B is approved and directed to consular processing, can i
just exit USA and come back with the old valid passport stamp and New H1B approval and avoid attending consulate???

Questions 2
While applying for H1B through Employer C, is there a provision in I129
which allows us to select a POE rather opt for a consular processing.That
way I can just exit USA and enter with the H1B stamp on my passport and
avoid attending a consulate.


Question 3
If "question 2" situation is not possible, can I attend consulate in Canada
or Mexico rather go back to India( my home country) for stamping.


Please Advice.

[anjanasingh]

Hi Rajiv,
I would like to know if a person has maintained a physical presence of 2.5 years or more and if they leave US for more than 6 months and less than a year in one visit, is the continuous residency maintained? If not, do they lose the opportunity to apply for Citizenship? This rule is very confusing and i hear different views from different people, if you can shed some light?

In order to apply for Citizenship is the five years counted from the day GC was issued or it would be from the date I-485 was applied.

Thanks in advance

[rameshraju11]

Hi,

If I-485 was filed and the priority date is not current, USCIS pre adjudicates the application.

How would some one know whether his I-485 application is pre-adjudicated ?

will LUD be updated if you register an application with USCIS online system ?

Thanks,

[peoplec]

Hi Rajiv, Thank you for the community service.

Here is my case information:

My refiled EB3 I-140 (India) got approved with priority date of 10/2003 and my I-485 was pending from July 2007. It was sent to AAO since the initial I-140 was denied and later refiled and got approved. The same I-485 is still pending with AAO.

Recently EB2 PERM was filed and it got approved and I-140 was also approved. The Lawyer sent the interfile letter to USCIS but nothing happened and I recently filed a New I-485. USCIS accepted the new I-485 and I got the receipt notice from them. In the receipt notice it show the Employment Preference Category as EB3 instead of EB2. I called the USCIS and they opened a SR. I also called the lawyer and they have opened an SR as well. Is this a USCIS error or the Lawyer error? If it was EB3 then the priority date of 10/2003 is not current and I-485 cannot be accepted. Lawyer is saying that this is USCIS error and they will correct it.

I recently saw the I-485 status change to "On April 10, 2012, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to another office for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you...."

What does this status means? I spoke to the company lawyers and they are saying that I will be getting a personal interview request and its very normal. I am still not received my finger printing as well. Do I need to worry about the interview process? Any preparation that I need to do?

Please advice. Thank you so much for all your help!!!

[Wewillgetit2007]

Hi,

Last month, I applied for I-485 (in EB2) for myself and my wife. Within a week, we received an RFE for my wife asking for evidence to establish that she has maintained her non-immigrant status in the US begining July 2002 and ending June 2007. Here is her status history:
1. She got married and came on H4 in July 2002 with stamping until Mar'2004. She then went to India in Jan'2004 before her H4 expired. (I did not apply for her H4 as I didn't know H4 needs to be renewed separately for a dependent.)

2. She came back to US in March'2004 after getting her new H4 stamping valid from Mar'2004 to 5th Oct'2006.

3. She then went to India once in Nov'2005 and re-entered US while her H4 was valid.

4. She again went to India on 28 Feb'2007 i.e. this time approximately 145 days after her H4 expired on 5th Oct'2006. (I again did not apply for her H4 as I didn't know H4 needs to be renewed separately for a dependent.)

5. She came back to US on 21st Mar'2007 after getting her new H4 stamping valid from 9th Mar'2007 to 7th June'2007. Soon after her H4 expired, we were in the process of filing for our AOS (in EB3) when we realized that her H4 is expired and I should have applied for her H4 notice renewal here in US. Anyways, we filed our AOS in July'2007 (receipt date is 27 July'2007). Here she was out of status for appr. 50 days.

Once we filed our AOS in July 2007, I have maintained my H1 status but we did not renew her H4 i.e. she continued on AOS and have used AP to re-enter US 2 more times without any issues.

I am awaiting for a response from my lawyer on this. Meanwhile, I will really appreciate your view on this in terms of how best one should respond to USCIS.


I have been in US since Sep'98 and have maintained my non-immigrant status without any breaks.

Regards,
Vishal

[carolinaparent]

Hello Rajivji,
My PERM was recently(Feb 04,2012) denied by DOL and the reason for denial given was "Requirement in the SWA is less favorable than those offered to the Alien". The specific reason was my attorney had "back ground check and drug test" as one of the requirement in the SWA but it wasn't mentioned in my ETA 9089 form even though my company did my background check at the time of hire but was just not put in the ETA form.
My PD was Sept, 2011. I work through a big consulting firm in NC for a big bank. Do you think it is advisable to re-appeal for this denial or file for a NEW perm? Is it safe to apply PERM through the same employer or should I transfer my visa to some other employer? I still have 2.5 years on H1B(6year).

Thank you very much for this great community service.

Shyam

[ashikali1208]

hi
its askar from india

i had interview on 4th april at mumbai consulate my interview goes well and i bring all the documents with me it was more then 250 documents. VO reviewed my all doc and my entire petition and then she said your visa is approved and took my passport. after i received my passport on 12th apr mean today and in the envelop i received a letter and my passport.

the letter was written by consulate and saying that my file kept in administrative processing under section 221g and requested to submit following documents

1> invitation : an invitation letter from petitioner / Sponsoring organization in US. this letter should include your supervisor advisory and detail about your work

My Answer> according to this visa category no invitation is required even i filed this petition by self. even i do not have any contact in usa of any organization who can provide me invitation letter however i have some relative and friend who are citizen and can provide me invitation letter.

2> resume : a detail resume/CV including your professional academic back ground, 3 professional references and list of all your publication

my answer: i have it and that's really great and impressive.

3> research : a complete and detail description of 1) your past research, 2) your current research, 3) any research you intend to conduct in the USA. you must include a description of the practical application of your research or study

ans: i have this and it is very impressive.

4> position: your current job title and a full description of your work

ans: i have this and it is very impressive.

5> purpose: a detail statement of the purpose of your visit to the usa

ans: i have but still i need some guide line from your side.

6> itinerary : an a itinerary of all location you will visit in the USA including dates, contact names, organizations, addresses and telephone number

i can provide it.

7> funding: name of the person or organization who is funding your trip

i am capable and actually i was funding by my self.

8> travelers: a list of all the travelers who will a company you.

my ans: No one

9>travel : date and location of all your international travel for the last ten years except the USA travel

my ans: No where

so i need suggestion from you what should i do now?

what is your advice and what should i take care of?

is there any person face this type of experience before?

i am genuine so i don't need to worry but why once they approved my case and after i received notice of section 221g?

Thanks