Download Recording for August 9 Conference Call

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Consular Processing

Mr Khanna,

Thank you in advance for your input. My interview in Aug was cancelled by the consulate after sending me the appt letter. My understanding is that they assign you an interview when they have a visa#. Also, will they adjudicate my case when #'s are available or will they go by Priority Date?
 
H1B approval without I-94

Dear Mr Khanna,
1. Currently I am on L1 Visa for Employer B valid for three years(2006-2009). However,my current project ends on Nov 12, 2007.
2. I traveled to India while my H1B application was under process and I received H1B approval (797 effective Oct 1, 07) without change of status (no I-94).

I would like to know if I could continue on my L1 status untill Nov 12 and then travel back to India to get H1B stamping and change to H1B status thereafter?
 
2 I-485s, proof of status

Hi Rajeev,

Thanks for taking time for all of us. I have 2 questions;

1. I have an I-140 approved with PD of 2005 and another pending I-140 with PD 2004 both EB2 and same company. I have applied 2 I-485 applications. Since I had applied with the one PD 2004 later, for the question "have u applied 485 before" on the form, I have stated yes with the date, place of filing and PD. My question is what does USCIS normally do when they see that we have applied another 485?

2. I am with company B right now. Few years back I was with company A and I did an H-1 transfer. Company B provided us with mandatory training for like 5 weeks, and only then we started getting paid. I want to know can this be an issue? If so, how should we tackle this?

Thanks again!
 
EAD/AP fees for June filers

Dear Mr. Khanna,

Thanks in advance and really appreciate your service.

USCIS clearly said that those who filed AOS pursuant to VB #107 could file for EAD/AP till August 17th using the older fee structure.

By any chance could the June AOS filers (those who filed AOS pursuant to VB#106) use the older fee structure for filing EAD/AP till Aug 17th.

Thanks!!
 
Hello Rajiv,
Thank you for great service.
Qns:
1) Can some one can take three year extension even in the case approved I140 revoked
 
Thanks for your time Mr. Khanna. 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.
 
Hi Rajiv,

My company has applied for my H1B revalidation and I just got the I-797A. My current H1B expires end of this year(Dec 31st). I am planning on travelling to India in November and then plan on returning in mid-december.

Current H1B Visa Expires: Dec 31st 2007
New I-797A Valid from: Jan 1st 2008

1) Do I need to get the new H1B stamped in India before i come back even though my current H1B is valid till Dec 31st?

2) If I don't get it stamped and carry my new I-797A with me, can I enter on the old H1B visa since it will still be valid at the date of entry.

3) If I do get the new H1B stamped while the old one is still valid, does it cancel the old visa and will I still be allowed to work before the new H1B start date.

Thanks.
 
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