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Interim EAD

Hello Rajiv,

Thanks for your kind service.

I'm in my 7th year H1 based on my pending RIR which got denied a month back.

Based on my Perm approval, Last month, I have filed my 140/485, What are my chances / option for further extension or getting Interim EAD?

Thanks,
rharan
 
I-485 Interfile Question

Rajiv,

In july my future employer company-A filed I-140/I-485 with substitution labor. if my current employer company-B is going to file PERM based I-140 in future, Can I link current employer company-B I-140 with already filed I-485 while future employer company-A I-140
is pending ?

if yes

a) what happended if future employer company-A I-140 is rejected after linking with current employer company-B I-140

b) To link with current employer's I-140 with already filed I485 , does priority date to be current ?

Thanks,
 
Visa extension for B2 visitor

Hi Rajiv,

My parents are here in US on a B2 visitor visa. Their I-94 date is scheduled to end in October but they would like to extend their visa until end of December primarily to be with the family to celebrate the christmas holidays and the first birthday with their granddaughter. A few questions:
- Is family bonding even considered as a good reason for visa extensions? Or only medical/family emergencies are considered as reasons for visa extensions?
- What is the general trend for the visa extensions? Are they typically approved or denied?
- How long does it take in CA to get the notice from immigration services what the status of the application is?
- When is the right time to apply for this? Is 4-6 weeks good enough time?

Thanks in advance,
Visa4us.
 
Hi rajeev,

I am doing research on H1b, my 6 year limit ends next year, Can I get H1b extension( Beyond 6th year) for doing residency, if the company files Perm before 365 days of current H1b expiry for my current position

Also at what stage do i have to come back to be in the position for which PERM is applied for everything to be legeally safe assuming i am doing residency while the process is going on.

WOrst case scenario I do residency on J1 what options will I have for the Waiver job as my H1b limit left will be only 6 months ? Can I apply for EB2 NIW in my final year and the get H1b extensions for the waiver job? or is there any other way out?
 
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I 485 to Texas

Hi Rajiv,

I reside in Oregon. My I 485 was sent to texas on Aug 06 by my lawyer. However my I 140 was approved in texas. Would this be an issue or would it be automatically transferred to NSC by TSC?

Also my wife's I 1485 and I 765 were filed with the same check $575(Memo says I485). Would this be a problem.

Your input is greatly appreciated. Also thanks a lot for the service to the community.
 
Advance Parole - Urgent

I just joined a new employer in EAD. I now need to go India on an emgergency travel. The problem the the AP that I have filed has not approved even though I filed is over 2 months back and have already completed FP .

Can I get an emgergency AP to go to India? Can I go to the local USCIS office for this purpose. Rajiv your repsonse is very well appreciated. Thanks
 
Missing Information from 485 application

Hello Rajeev,
I sent in my 485 application along with the g325 form this july. The part where they ask about previous experience in home country I did not mention the 1 month of training I underwent with an IT company in India. This was the only work experience I had in India, after which I came to the US to pursue my masters.
Is this going to be an issue? If yes, how can I update this information on my application?
I haven't received my application receipt number yet.

Thanks!
 
Switching from restricted EAD to open EAD

Hi,

I am working on an EAD under class C09. I am now also eligible for a derivative EAD under my spouse's I-485 filing. I would like to switch from my IT specialist job to a Program Manager Job using the derivative EAD as I can't switch using my own EAD due to job class restriction.

How do I go about switching? Wait till 6 months to my EAD expiration and have spouse apply for derivative EAD? Will this be ok? THanks
 
Thanks for your time Mr. Khanna. You were not able to answer my questions in the previous call (Aug 09) so I am reposting this. If you could please address the following questions.

1. I started working as a Mech. Engineer in New Jersey earlier this year. A couple of months ago, I got transferred to the new location in PA where I am currently working. This new location is right across the NJ/PA state line and around 8 miles from the original New Jersey location. I was looking at my LCA & I-129 which states that my work location is in New Jersey. My company lawyers inform me that my LCA covers the new location since it is within commuting distance and same metropolitan area so I don't need an amendment. My concern is that even though it is within commuting distance, it is in a different state.

Do I need an amendment? Can this cause any issues when I go for visa stamping?

2. How safe is it to go for visa stamping nowdays and not get caught in common name checks? My case is very clean... Came here in 2001 on a F-1 and haven't left here eversince. I completed my bachelors last year from a very reputed university Currently on OPT and have I-797A in hand which starts on Oct 1st. Am planning on going to canada later this year to get my visa stamped. Only cause for concern is my middle name is "singh" which is common.

Thanks for your time again.
 
Social Security Number update after EAD or GC

My SSN card still states 'only valid for work with INS authorization'. At what point do I need to get my SSN card updated? Now when I am working on EAD or after I get my Green Card? Thanks
 
Dear Sir,
EAD and AP is approved for myself and for my wife. I am on H1B and my wife is on H4.
I have the following questions:
1. If my wife uses her EAD card, Does her H4 becomes invalid?

2. If I use my EAD to get another job, does my H1B becomes invalid?

3. If we use the AP to enter into US states ( as we don't have visa stamping for my current H1b/H4), does H1B /H4 becomes invalid?

thanks
Sathya
 
Can i re-apply I-140 after my I-140 got denied at AAO?

Hello Rajiv,

First of all...Thank you for your great services!. I'd started my 1st GC process in EB3 in Oct 2003. In Oct 2004 i'd filed I-140 & I-485 concurrently. Received 1 EAD and never used it. I'm maintaining H1B status until now (8 years). In Sep 2005 my I-140 got denied based on A2P (Ability to Pay). Then in Oct 2005 i'd filed MTR/Appeal then finally my appeal got dismissed at AAO 2 months back in June 2007.

In Apr 2006 i'd applied my 2nd GC process through PERM in EB2. This time I-140 got approved in June 2006 and recently i'd filed my I-485 in July 2007.

Now the question is...Can i re-file/re-apply the I-140 for the EB3 Labor in order to retain my Old Priority Date (Oct 2003)?. If it gets approved can i able to port my old PD (Oct 2003 - EB3) to my 2nd GC which has PD (Apr 2006 - EB2). Both the GCs are with the same employer.
 
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Hello Rajiv.

I'd like to ask you about:
1) the Service Center Processing Dates published on USCIS site. On the site, there is a date column "Now Processing Cases with Receipt Notice Date of", is this referring to the Receipt date of applications or Notice date (the day the notice was generated)?
2) Is there a way to find out if the Name & Background checks are done in regards to AOS? USCIS Customer Service is not willing to share this information.
Please advise.
Thanks!
 
Confusion about EAD (I-765) new fee

(1) IF one applies for I-485 with new Fee($1010), He can get life time free EAD and AP.(till I-485 approves/rejected).
(2) IF one applies for I-765 EAD with new fee of $340, then the person can get next extensions free till (till I-485 approves/rejected).

I wanted to know if the above statements are correct.

Appreciate you answer in this regard.
 
Are Sr Support Engineer and Software Engineer considered "AC21 Similar"

Hi ,
This is my second question. I heard your last con-call but I got more confused on AC21 "similar" definition. I want to Switch from
Sr Support Engineer =>
Role :
Analyzing and troubleshooting customer-reported problems and determining whether it's a product issue or a third party product issue;
Providing first-line written and verbal consultations to debug customer issues of high levels of complexity;
Working with other internal groups to discover and deliver a solution to customers' problems;
====
Software Engineer =>
Role : managing the software development cycle associated with producing a resilient software application, including: specification, design, coding, testing and maintenance. Fixing Bug files by Customers.

Am I safe from AC21 perspective ?
 
newneel said:
Hi Rajiv,

My PERM was approved in May 2007. But, before we file I-140, I got a good job offer from another big corporate. During an offer period, I asked about company's green card policy and the HR person confirmed verbally on phone twice that my green card will be started by their corporate lawyers after 30 days of joining. Offer letter didn't mention any specific immigration policy. It only stated that "we will initiate your immigration (green card) and work with our corporate lawyers. I should directly talk to lawyers".

Now, after joining, lawyers said there is an corporate immigration policy which requires me to work atleast 1 year fulltime before they can initiate the green card. I complained that I was told 30 days policy during a job offer. They did some investigation and came back to me that HR person who talked to me during a job offer doesn't remember mentioning 30 days to me. And now, there is no way they can start a green card for me until next year.

Now, that HR person doesn't reply my emails and calls and my manager says he can't go against the company law. One thing was found that "1 year policy" was introduced last November. Before that there was no policy regarding this timeline. and My manager said, that HR person may not know about the new policy during a job offer.

My question is:
If there is a specific 1 year immigration policy, that company should mention about it in an offer letter? Do we have any legal filing options in this case?

My green card future is screwed up because of this.
Please reply. I would really appreciate your support.

Thanks
Click to expand...

Its a policy
 
Company's policy

newneel said:
Hi Rajiv,

My PERM was approved in May 2007. But, before we file I-140, I got a good job offer from another big corporate. During an offer period, I asked about company's green card policy and the HR person confirmed verbally on phone twice that my green card will be started by their corporate lawyers after 30 days of joining. Offer letter didn't mention any specific immigration policy. It only stated that "we will initiate your immigration (green card) and work with our corporate lawyers. I should directly talk to lawyers".

Now, after joining, lawyers said there is an corporate immigration policy which requires me to work atleast 1 year fulltime before they can initiate the green card. I complained that I was told 30 days policy during a job offer. They did some investigation and came back to me that HR person who talked to me during a job offer doesn't remember mentioning 30 days to me. And now, there is no way they can start a green card for me until next year.

Now, that HR person doesn't reply my emails and calls and my manager says he can't go against the company law. One thing was found that "1 year policy" was introduced last November. Before that there was no policy regarding this timeline. and My manager said, that HR person may not know about the new policy during a job offer.

My question is:
If there is a specific 1 year immigration policy, that company should mention about it in an offer letter? Do we have any legal filing options in this case?

My green card future is screwed up because of this.
Please reply. I would really appreciate your support.

Thanks
Click to expand...

Its a policy
 
Yes usually companies have same kind of policy you have to wait for a year. My company also have 1 year policy I am also with you.
 
L to H to L...

Hi Mr Khanna,

I am on a L-1b visa now working for Company A.

Company B sponsored a H-1b this April and it was approved as change of status petition with an I-94 valid from Oct 01st - as seems to be the case for several other L to H cases.

I need to stay with my current employer for some more time and am not ready to join Company B on October 1st. I understand the only solution to this problem is to step out of the country before Oct 1 and return using my L visa on or after oct 01. Accordingly, I plan to fly to Toronto on Sep 30 and return on Oct 01 using my L visa.

1. Will this work?

2. If I wish to change over to the H employer a few months later, how can I do that?

Thanks,
U
 
Hi Rajiv

Below are my questions. Some of them may sound asked many times but I have always got different answers from different places and I wanted a final final advice from you

#I filed my 485 in the current july/august batch and have also applied for my EAD and AP . I was thinking of not getting my H1 Visa stamped and entering back the country on Advance Parole . What should I be showing at the port of entry ? What will be my status in US ? Will I get a I-94 ? I would want to remain on H1 . Will I be able to do a H1 transfer in the future even if I enter on Advance Parole. Finally will my wife get a H4 with me entering on Advance Parole

#Why do people say that you can enter on Advance Parole but one should rather enter on H1 stamp. Is there any gray area?

#This is another repetitive question but a final final advice was needed
I am on H1 currently and say due to some reason I need to go on EAD status (after 180 days) . I remain on EAD status and say my H1 petition expires in some time. After an "expired" H1 If I want to go back to H1 from EAD can I file for a new H1 irrespective of cap assuming I have not gone out of US for more than one year ? Will I be still eligible for 3 year H1 petition with my 140 approved

#How does a person remain in status who loses his job and he is a "pending 485" person (less than 180 days) . Isnt he in the worst possible state as he cant goto F1. can he goto tourist visa ? .what can he do to remain in status until he finds a new employer for an H1B transfer ?

#final question if you get time . I have filed 140 in EB2 category and also 485 in concurrent filing. If my 140 has issues regarding it being present in EB2 category can I refile my 140 to an EB3 category without impacting my perm or 485 .
 
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