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I140 denied! Immediate advice required.

Hello Rajiv,

My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.

Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.

Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?

I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.

Thanks
Sai
 
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AP, H1B Issues

I am on H1B and my wife is on H4 visa. Our I-485 is pending, we have our EADs but not using them. My H1B status expires at the end of this year and I anticipate my employer to file for extension this fall. We are planning to visit India at the end of this year and plan to apply for AP before that. I would really appreciate if you can clarify these for me.

1. If we go for stamping in India and it gets denied, can we come back to the US using AP?

2. Can we just come back on AP without going for stamping at all? What happens to my H1B status and wife's H4 status?

3. We may be able to time this whole thing such a way that we file for H1B extension, go to India, come back on AP before my H1B petition is approved. Is that feasible?

Thanks a ton and appreciate your service to the community
 
want to apply EAD thru 2nd 485

Hi Rajeev,

We had discussed thru the forclients.com about my concern about applying EAD thru my 2nd I-485 application (here's the link for your reference http://www.forclients.com/cmsd/node/34#comment-2844 ). I had few other questions on this:

1. What could be the repercussions if I return the current EAD?
2. Will returning the EAD help in reducing any confusion?
3. Do I need to give a reason for returning the EAD?
4. From your experience usually what's CIS's reaction when they find out that someone has 2 I-485 applications in process since he/she has 2 approved I-140s?

Thanks.
 
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Hi Rajiv,

I have following few queries on H1B transfer process and will appreciate your response/suggestions:

1.
If someone looks to transfer his/her H1B to a new company, and due to any reason the transfer gets rejected, does this affect the original H1B? Can the person continue working for the original H1 petitioner in case the transfer gets rejected (provided the petitioner has not canceled the H1)?

2.
What is the criteria to be eligible for H1B extension after the 6th year of H1?

3.
If my wife applies her green card through me as my dependant, then in that case if there are any past irregularities with my wife's H1 status (like getting pay less than LCA), does that affect my or her green card process?

4.
If my employer is paying salary less than that on my LCA then can I report this somewhere?

Thanks!
 
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 early last year. A couple of months ago, I got transferred to a 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 however in a different state.

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


2. My wife will be starting her GC process this year via EB3 Category. I have not yet decided whether to join her application process as a spouse or have my own employer apply for my GC. How much can I delay being added to my wife's GC application before I absolutely have to be added in order to be considered?


If we decide to file seperately through our respective employers and let's say her application reaches the stage where she can apply for the I-485 and I am still waiting for my priority date to get current, can I still be added on to her application as a dependent or will I have to stay with my own application?

3. In your opinion, is it better for only one spouse to apply via a single application or is it safer that both of us apply seperately through our individual employers?

Thanks.
 
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Hi Rajiv,

Short question on I-485. If I go to my home coutry for H-1B stamping and return to US in H-1B status, is it possible to amend filed I-485 application, so it will contain only last date of entry? If no, is it possible to revoke I-485 and file a new one? Can this revocation affect approved I-140?

Will this whole H-1B stamping operation shield me from possible RFE on taxes from several years ago?

Thank you very much for your time.
 
L2/H1 Question

Dear Mr. Khanna,

I have a master's degree in the US which I received in 2005 and then started my PhD but decided to leave it last year (i.e.2007). At that time I got my status changed to L2 (My wife is on L1). At no point I was on OPT.

Now I am planning to apply for my H1-B (conversion from L-2) this year.

There are a couple of questions here:

1. Can I apply to H1-B under the master's quota?

2. Also, if suppose my wife applies for her H1-B visa, lets say once she gets her H1-B visa, does her L1 automatically cancel or does it cancel only if she starts working for her H-1B employer. Or lets say if she decides to continue working with her L-1 employer, will her H1B visa be still valid? I mean, if she gets her H-1B can she still work on her L1 visa?
(I hope I haven't made it confusing)

Thanks
SP
 
Hello,

I have heard that several changes are taking place for DCF from New Delhi. I plan on getting married in June 2008 and was wondering how long I need to stay in India before I can apply for I-130 from New Delhi. The New Delhi US embassy website states that I would need to provide proof of residents in India and I need Registration Report and Residential Permit issued by the Foreigners Registration Office (FRRO). How long does it take before the FRRO can issue a permit and what is the process for that.

I am a US citizen born in india. Also, if I apply from Philadelphia, can you let me know how long it will take for the documents to be processed.
 
Hi Rajeev,

I was on F1 visa and later got H1-b through my employer and then got marreid to US citizen (Last year in march 2007), but she is in college so no income from her and she lives in Florida and i live in Connecticut have couple of questions

1. When she files I864 it is for supporting and sponsoring me, as she is in college and have never filed any IT returns so what kind of documents she has to present and what other documents needed for supporting and sponsoring as i am working in US for more then 3 years so i have all my IT returns so does she even need the supporting documents ??

2. Would there be a issue b/c we are kind of living north and south of US for more then a year even after marriage her staying in Florida is due to college and mine is connecticut is due to work would there be a issue in Interview due this apart living after marriage or any chance of getting rejected ??
What kind of details do I need to present that this marriage is not for GC or should I wait for one more year b/c her studies are getting over and she will be leaving with me next year ?

3. Should i file green card now b/c filing now i will be getting a conditional green card and filing after 6 mnths would probably get me perm green card would save I751 fee

4. My First H1 is goiing to expire in april 2008, but already got a renewal till april 2011. would that be a issue in GC filling ?

Following are the list of forms that i might need for filing pls confirm base on my situation.

I-864 , I130, I485, I693, I131, I765 ???


HELP & GUIDANCE
 
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Travel while EAD application pending?

Hi Rajiv,
Appreciate your efforts in helping all of us. Thanks.

My questions are:

I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.

My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
 
Continous Residence Requirement

Hi Rajiv,

please see the attachment for my questions. thank you very much :D

Regards,
 
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H1-B1 or H1-B

Hi I have a few question for my friend who is currently about to apply for H1-B under the sponsorship of a US IT company.

Here is some of her details:

She graduated from the National University of Singapore in Dec 2007, with a Bachelor of Business Administration degree. Her majors was marketing and operations & supply chain management. She had a Diploma of Business Information and Technologies from a top Singapore polytechnic before going to university. Currently she is working for Sun microsystem Singapore branch as a financial analyst.

We have just received her US equiv. evaluation report back from World Education Services. On the report, they reported the minimum number of year required for her degree is 3 years and the US equivalent is a Bachelor degree from a regional accredited institution.

Questions are:

1.Does her degree satisfy the requirement under H1-B specification for a specialty job? We are concerned over the their indication of length of program as 3 years. But she received advanced placement credits from her polytechnic work and her total undergraduate credits is 132hrs. Particularly, if we consider the fact that a US college student could graduate in 3 years or less if he/she takes 5 to 6 modules per semester, (minimum full-time status being 3 (12 credits)) with advanced placement credits. Or the length of program does not matter, all USCIS will look out for is the US equivalent: a Bachelor degree?

2.Will her lack of extended years of full time working experience before applying for H1-B affect her chances for approval by USCIS?

3. These are some of the prospectives job titles the company has offered her: Technical Sales engineer > Data base administrator > Junior System analyst. For a BBA degree which in your opinion will be the most fitting one for her? (Current position in Singapore: financial analyst, very good starting pay for a fresh SGD 2.5k monthly)

4.She was rejected a visitor visa back in Nov 2007, will this affect her H1-B's chances of approval by USCIS?

(She is a native Singapore citizen, and had already visited US three time btw 2005 and 2007 under Visa Wavier Program (90days). However, when she applied for a 6months visa after graduation, she was rejected by US embassy under 214b. Because of this incident and afraid of she getting rejected again under 214b for H1-B1 specialty working Visa for Singaporean, we decided to apply for H1-B) What do you think of the approach or she should go for H1-B1 instead?

5. Now that her situation has substantially changed since Nov 2007 when she applied for a B-2 visitor Visa. (a stable job with good prospect, good pay and her father also just had an operation of bile bladder removal) It is advisable for her to reapply for a visitor visa to visit USA?
The consular who rejected her visa specifically said to her" I suggest you settle down and find a job in Singapore at her interview at the embassy"

Thank you very much!!:)
 
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Travel and H1B transfer

Hello Rajiv, First thank you for the great help!

I work for employer (A) since 2004 so I have a renewed H1B till 2010 while the stamp itself is expired on my passport.
I filed for my AOS more than 6 months ago and my I140 was approved last year. I have valid AP and EAD.
I am about to invoke AC21 with employer B who just applied for H1B and we are waiting to receive the receipt to start with employer B for same job.
The receipt should arrive within 10 to 15 days so I expect to start with the new employer beginning of April.
As far as I know, nobody can predict when the new H1B will get approved but I will have to travel to Canada in the first week of May.
There are two scenarios:
  • If I travel while the H1B application is still in the process, I will have to come back on AP since I will not have a valid H1B because my current employer (A) will cancel my current H1B once I leave the company to join employer (B), Once the new H1B gets approved will I be on parolee or H1B status?
  • If I travel right after the H1B application gets approved and come back on AP(I am not sure if I will have time in Canada to go and get a new stamp), will that invalidate my new H1B? If it does, can I leave the US and get a new stamp and get back on H1B status?
Thanks
 
WHERE and WHEN to file N400 for a student away at college

My son is away at college in Baltimore, MD, and is expected to graduate in May, 2010. We (the parents) live in Seattle, WA. I want to know where (Vermont or Nebraska) my son can file his N400 for naturalization.

My son has Washington state driver’s license, and is filing tax return from Washington State. He comes back Seattle in summer (5/15 to 8/31) and winter (12/20 to 1/20) to live with us. He will be eligible to file N400 on 4/25/2008, 90 days before his 5th anniversary of being granted green card.

We called USCIS customer service and went to Infopass in Seattle and in Baltimore, but were given inconsistent answers. Seattle simply told us we had to file with Vermont Service Center. Baltimore said my son had to file with Nebraska Service Center. National customer service told us we can file with Nebraska on 4/25/08 without the need to be physically present in Seattle 90 days before filing because Baltimore is his temporary address and my son is still considered “living” in Seattle.

We are very confused by the inconsistent USCIS answers. So, my questions are WHERE my son should file his N400 and WHEN he can file at the earliest?

Thanks for the help.
 
Hi Rajeev,

Need some opinion on the issue.

I was caught for shoplifting. During the case judge put me on probation for 1 year and was ready
to terminate all charges after one year I think i used my one chance that court allow for any one offence
that is being done.

The quesiton is.

I got married to US citizen and she is filing my green card application but the issue comes up when i
have to fillup I 485 form and asking whether i got arrested ever or soemthing like that..Its question 3.1
and 3.2 in I 485 form. What should i put in there. and what kind of documents do i need inorder to
prove that i wasn't convicted b/c i dont have any kind of documents supporting that i wasn't convicted.

Pls help
 
Inter filing tricky question.

Hi Rajiv,

Here are my details:

Name: kissaur

Country of citizenship: India

1)with compnay A my EB2 I-140 approved with PD 01/2006,485 pending 180 days+,EAD and AP approved

2)with company B Applied pre approved labor for EB3 of July 2001 PD, and I14O is approved


Company A and B both are subsideries of International company C.

Now my questions are:

1) Do I need to send paper work for interfiling or it will kick in automatically?
The reason why I am asking is, when I called USCIS they said IO is reviewing my case.

2) If they port my PD of July 2001 will they ask me paystubs from that date,I did not get paid
for around 2 months, what are my options then?

3) If USCIS denies my I485,and while I am appealing, whether I can use my EAD or do I need to goback to h1b and
does this apply to both primary and derivative applicants.

Thank you very much
 
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H1B and EAD

Thanks for your service Rajiv

I am on H1B. My 140 is approved and it is more than 180 days after apply I-485.

My questions are

1) My current H1B expires september 2008. I am getting permenent Job with the new employer. But they want to hire on EAD. Is it safe to move on EAD.

2)While I am on EAD with different employer and if any issues come up with my I-485 filing then can I switch back to my H1B Visa? If yes then do I have to go back to my previous employer who sponsored H1B Visa or I am free to go with any one. Based on approved I-140 will my current H1B be extended for extra years after expiry of 6 years or I have to get it extended before 6yrs in order to not to fall in H1B Visa cap (annual visa quota which is currently 65,000).

3)After getting the H1B visa extended here in US (after moving back from EAD) do I have to get it stamped from India or from somewhere else and enter US with newly stamped Visa in order to change my status to H1B from EAD.

4)While I am on EAD and my 6 years of H1B Visa expires & due to some reasons my I-485 got denied then can I get a new H1B Visa based on my approved I-140 without falling in annual Visa cap count? Or my approved I-140 is of no use after I-485 is denied. Please clarify the same.

5) For AC21 what are the parameters to be considerd. The job responsibilities are same. But I will get 20% increase. Will it be a problem.

Thanks a lot for your time...
__________________
 
Citizenship question

Hello Rajiv,

1. I have applied for my citizenship, my priority date is Nov 20, 2007 and I had my FP on 2nd Feb 2008. I am planning to go to India in May-June 2008. I dont know what the time frame is for the citizenship process these days.
Do you recommend not to make this trip? I live in PA, do you have any idea, what is the time that takes between the FP and Interview date?

2. Also, my son(5months) is US citizenship, can I apply for his OCI while I am on green card?

Thanks much,
Akapoor
 
Hi Rajiv,

I have a question regarding the future employment.

Let say, i am working with Company A. Company B has filled my i140/i485/i765
I140 is approved..I have received my EAD and finger printing is also done. I485 is pending.

I know legally it is not required to work for that company until you receive your gc. But what are chances of having any issues during i485 interview because of future employment?...Another question is...let say company B goes bankrupt after a couple of years and i485 is still pending, i know legally you can use AC21 with future employment. But again i want to know the amount of risk involved in it during i485 interview?

Thank You
 
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