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L1/H1 Confusion

I currently hold a L1B approval from a company here in India (Will be attending Visa interview last week of March 2008) and will be traveling to USA somewhere mid June.

Also I have an offer from an employer in USA and he will be filing my H1B this April 08.

Q1.Do i need to mention that I have a L1B approval when filing for H1B

Q2. If I get L1 Visa stamped and travel to USA and at the same time get approved for H1B,will be there be any problem when traveling to USA on L1B

Q3. Based on assumption that my H1b gets approved and start date is October 2008, Do i need to transfer from L1b to H1b by then? Can I continue on L1B (Dont apply for COS in US)while holding H1B .

In short does my L1B become invalid once my H1b starts?
IF NO - Can i Extend H1B start date.
IF yes When do I File for COS to be in be in valid status

Any suggestions are greatly appreciated.
 
Dear Rajiv,

Thank you very much for serving the community.

I have a 5-years Multiple entry M-1 visa. curently i'm studying and after completing the studies, I want to be self-employed in a business here in USA. although i have business in my own country,now i want to expand it here. but i'm confused what visa type i should go for?

I'm thinking about the following,

1) if i apply for EAD, then in the future would i be able to enter in USA with EAD and M-1 visa?

2)Could i be able to do business if i have a B visa and EAD?

3) My country is in the list of treaty countries, should i apply for E visa?

or what do you suggest?

Thank you.
Abdul Karim.
 
Hi Rajiv,
My friend is on L1 and he is applying for H1B this year but he wants to work on L1 only till Jan 2009. So please suggest me the options

a. do not file for COS and get H1B stamped before he wants to work on H1B
2. can he file for COS and still work for L1 employer till January and directly work for H1B employer without stamping from Feb

Thanks
 
H1-B / EAD Staus maitaining

Hello Rajiv,

Greetings! Hats of to you for the service that you are providing to this community.

1. I am on H1-B and my visa will expire (6 year completion) in Jan 2009. Right now me and my wife got EAD. My wife was on H4 visa. Now if my wife starts working using the EAD, does it mean i am also defaulted to EAD? If not, that means i am not H1 and she is on EAD, then if we travel to india, can we combe back on H1 and EAD/Advace Parol repectively? Will there be any issue?

Also does it mean she lost her H4 status the moment she start using EAD? The reason why i am asking is, as always you suggest, I would like to maintain my H1 status. Or please tell me what is the safe way to handle this situation.

2. How do you say that a person is on H1 or EAD? He has both H1 and EAD. Both are valid. Do we have to update USCIS telling what we are using? or as long as our H1 is valid, it means we are H1, even if the EAD is renewd every year? and if the EAD/H1-B expires, then we are forced to the one (either EAD or H1-B) that is valid?
 
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Switch Company on EAD

Hello Rajiv,

Thanks for the service.

I just got my 3 yr H1 extension based on my approved I140. I'm also holding a valid EAD. I'm planning to switch to different employer using EAD, the question is
Once i joined the new employer on EAD, can I switch back to H1 with new employer and continue my GC process? Point is I don't want to be on EAD for long whole time the new employer. Pl. let me know if this is possible?

Thanks,
rharan
 
Hi Rajiv,
My wouldbe is in India and we are getting married in August. I want to apply for her H1 this year. If her H1 is picked up and approved ,can she get H4 stamping from India and come here on H4 status after October (since H1B stamping is very tough in some places) and go to either Mexico or Canada for H1 stamping and start working. My question is whether her H4 will be valid even after her H1B starts i.e Oct 1st

Thanks in advance, Rajiv
 
H1B- Masters quota AND Multiple H1B Question

Thanks Mr. Khanna for your social service.
My 2 questions are as follows-
I) Can a candidate apply for Multiple H1B through different employer with different lawyers. Is this legal and if this is legal does USCIS look upon it as anything "not in good faith". Will it decrease or increase the chances of getting an approval.

II) Masters degree versus Advanced education certificate with transcripts from each semester showing the grades and courses taken
Here is my scenario--
The candidate below has finished
1. Bachelors of Dentistry from India (Equivalent to DDS in the US)
2. Advanced training in Pediatric Dentistry from an American Dental Association accredited US University Hospital - this is a common two year residency program for Dentists in the US to specialize further in Pediatrics. They give an "Advanced Education in Pediatric Dentistry Certificate" (this certificate does not mention a Masters anywhere). I have the transcripts of each and every course for each semester that I have attented. It is a rigorous 24 month program involving didactics and clinical training. There is not even a summer vacation or a spring break, like they get for a masters program.

Now I have two questions:
A. Is this candidate eligible to apply in the Advanced Degree Quota for H-1B?
B. If he applies in the Advanced Degree Quota and USCIS decides that because he does not have a Masters degree will that make him in-eligible for the general quota as well? How does USCIS treat such kind of cases.

Based on your response I will decide whether to apply for this candidate in the general quota (Bachelors pool) or the Advanced Education quota (where I think the chances will improve significantly due to the lottery system)

Please advise and also please let me know if you would be willing to take my case.
Thanks a lot
 
My I-485 Adjustment of status now moved from Vermont to Texas Office

Rajiv,
My I-485 Adjustment of status is pending for the past 2. 5 yrs. My husband and I filed it together; it's been 2.5 yrs since he got his GC.
I went for finger printing twice..on March 6 2008, I got a notification that says "My case has been transferred from Vermont to Texas Service center".
I am quite anxious abt this development; why/when do they transfer the case from one service to other; is there anything I could do from my side.
Pls advice.

Regards.
Vidya
 
EAD got denied without biometric notice mail !

Hi Rajiv,

Thanks for your assistance in helping out our problems.

I am on L2 visa.
I applied EAD (I-765) on Oct 29th 2007.
Got receipt on Nov 2nd 2007.
waited for fingerprint apt, more than 90 days,still didn't get it.
suddenly on mar 03rd,2008 got Denial notice from USCIS saying u didn't appear for fingerprint apt. at local ASC ,so we deny your application.
But to be true I didn't get it, I am still in the same address, also my mailbox has got my firstname and lastname stick to it. I got both my receipt as well the denial notice in the same address, then how is it possible to lost the biometric apt. notice. What to do now? I am so confused? can I get a Infopass apt.and explain them about my situation.will they agree to me?
Else I need to reapply for my EAD? If so, will they refund the amount which I paid for my previous fiing?

Pls. Help me to get resolved my case. Thanks.
 
Simple Question

Hi Rajiv,

Thanks for your time. I have a very simple question than others. I am currently in India working with an Indian organization. I got my fresh H1-B stamped last month, which was sponsered by CompanyA in US. Now I do not want to join CompanyA but I have offer from CompanyB in US. Although, CompanyB is saying that they can get my H1 transferred to their name without myself joining to CompanyA first. So I just want to understand that is it possible for case of a fresh stamping also. As my VISA also has annotation of the name of CompayA and I-129 also bears the name of CompanyA. Will I get a new I-129, once CompanyB starts the transfer process or some other supporting documents. Please suggest that is it a feasible scenario or not, because most of my friends told me and even some of the companies told me that I will to first join CompanyA, stay with them for 2-3 months, get 2-4 pay stubs and think of a transfer. Please help

Thanks
Peush Puri
 
Travel on Advance Parole After Using AC21 And EB2 Labor in PERM

Hello Rajiv,
Thanks for your service.

1. I want to know if there will be any Issue while entering US on
Advance Parole after using AC21.
At the POE if the Immigration Officer asks me if i still work for the
GC Sponsoring Employer. Should i answer "YES" or "NO".

2. I am currently on my 8th Year of H1B, Can i do H1B Transfer after Entering
US on Advance Parole. Will USCIS ask me to go out of US for H1B Stamping
or will they Approve my H1B with I-94 so that i dont have to go out
for H1B Stamping.

3. I have B.E. Engineering Degree and more then 6 years of Experience in
US can i file Labor in EB2 Category, Is it true that DOL is Issuing
lot of Audits for EB2 (Bachelors + 5 Years of Progressive Experience)
whats your Experience on this Situation.
 
H1b related questions

I graduated in May 2007 and am on my OPT (EAD) status since.My OPT status is valid until May 2008.I will be aplying for my H1B this April.I had the following questions before I could file my H1B.

1) In the interim period between May (when my OPT which was valid for one year expiers ) and October ,can I get onto student F1 status again and work fulltime taking CPT under a course.

2) Does premium processing really help? Is it true that premium processing is done without much scrutiny as the regular process and is a safer way to apply for H1B.

3) If my H1B visa is approved and I get a approval notice before October ,can I immediately transfer my H1B onto another comapny before 1st of Oct, when it is in effect or do I have to wait until Oct 1st ( or even three pay cycles after 1st Oct ,to get three paystubs which is required for a H1B transfer) to get my H1B transfered onto the new company.
 
URGENT - H4 to F1 to OPT Issue ??? Please help

Dear Rajiv

I am currently in New York on an H4 visa. I have been admitted to a college in Boston for my MBA (Full time) which starts in May 2008.I want to pursue the MBA on an F1 visa for which I have not yet applied, but will be doing so by Mar 2008 end.My MBA is a 1 year course.

1.) Will I be eligible for the OPT after a 1 year course on the F1 status?

2.) My primary concern is this: will my status be considered as F1 from the day I apply for visa change (Mar 2008 end)/ from the day I join school (May 2008) / or from the day I receive the F1 visa (approx Aug 2008).

3.) Will I have to apply for my OPT 12 months after I apply for F1 (Mar 2008 end) / start school (May 2008) / receive F1 (approx Aug 2008). ?

This is important because if my F1 status is considered from the day I receive the F1 visa, 2 months after school starts, then I cant apply for the OPT before the end of the 4th quarter of MBA (that will be be 10 months after I receive the F1).

4.) Also how to tackle OPT - H1 Gap?

Thanks a ton.

If anyone can, please reply on john.rushman123@lycos.com

Thanks again
 
Dear Rajiv,
If I self port my GC to an LLC (under AC21 memo), how do I show the ability to pay? I plan to go after grants and write proposals but there will definitely be a lag time between me porting and the LLC making enough money. What is the best way to do this in that case?
Thank you again for the wonderful service!
 
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Hi Rajiv,

I have quick question on my H1 transfer.

1.
When one applies for a H1 Transfer, does the person recieves a new I-94 as well with the new H1 petition or the I-94 remains the same as the old one?

2.
Is it okay to join a company even before the H1 transfer has been approved. Is just having the receipt enough to join? If yes then what are the consequences if H1 transfer gets rejected. What will happen to my old H1B? Will I have the leave the country or I have some grace time to find a new job?

Thanks!
 
Family Based Immigration question - Converting the family based category

Thanks for the community service... It is really hard to schedule any appointment and pay a lawyer a hefty fees to realize that you are not getting what you expected.

Is it possible to change the family based category from from F-4 (brother and sister of US Citizen) to F-3 (married daughters and sons of US Citizens), if the beneficiary is same.

For example - Sister X files the petition for a sister Y and later parents become citizen and file the petition of the same child Y again. So the question is - > can parents get a PD of petition filed by sister X?
 
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Hello Rajiv,

I am on J1 (Research) since May 2004 and last year my employer extended my DS-2019 for another two years till April 2009 (Full five years). My spouse is on J2 and working on EAD.

After I get my waiver is it allowed to file Green Card under EB1 (Researcher) without going for H1b, as one of my friends said J1 visa establishes Non-immigrant intent while H1b establishes dual intent and it is difficult to go from J1 to GC.

If it is possible to change from J1 to GC (EB1), how long does it take to get EAD? Can I change my employer after getting EAD? if not, for how long do I have to stay with them? What kind of support documentation should I get from my employer for filing I-140?

If I must change from J1 to H1b (Non-cap), is it posibble for my spouse to continue working on current EAD (J2) till it's expiry date in May 09 or it will be illegal to work for him as soon as I file my H1b.

Thanks for all the help you are doing for all of us here.

Thanks & regards,

A Tiwari
 
Concerning AOS / Greencard for parents, filing within the United States

When is it possible for them to travel out of the country?
Example: If they go through the interview, but are awaiting Greencard,
but need to travel before receiving card.

Also, what typically is the average time from
mailing to getting greencard in mail
in this situation? (3, 4, 5, 6, 7 months? more?)
 
Hi Sir

I have a H1B Approval and visa stamp valid from Oct2000-June2003. But I don't get a chance to use my H1 and never came to US on H1. I am on L1 for 4 years and currently on H4 in US and never left US since the last 2 years after my intial H1 approval. Can I file for my expired H1 extension with another company under cap exemption without being subject to quota?

I read somewhere in a USCIS memo(Initial Guidance for Processing H1B Petitions as affected by AC21, issued on Jun 19th, 2001) beneficiaries who have been counted once toward the numerical limit in the past(not specified any limit like 6 years), and are the beneficiary of multiple petitions are eligible for cap exempt. Is this true and can I file for extension of previous expired H1B with a different employer not being subject to quota ?

Else Can I file new H1(April 1st,2008) and start working as soon as I get receipt number as I hold previously H1B Visa(not status).

SEC. 105. INCREASED PORTABILITY OF H-1B below say both visa or status. Is this mean visa only people are also eligible to start working as soon as they file new H1?

(a) IN GENERAL- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection:

`(m)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection

Please advice and help.
 
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Hi Rajiv,
Thanks for your time. My I-485 is pending for more than 3 years(EB3 petition). My PD is Sept 2000 and is current. My enquiries with Senators/Congressman/Ombudsman have not yielded anything. All the while they were saying my file was in a security area and under extended review, though my Name and Finger prints checks were clear. Recently, in Jan 2008 NSC IOs are saying it is assigned to an officer. It is more than a month since assigned to an officer.

Is Writ of Mandamus advisable? My expedite request was turned down last year by NSC. What other options do I have?

If I am getting a better offer, will there be any complication using AC21? My I-140 has been approved long time back in 2005. However I have my ETA 750 B form copy only and not ETA 750A. Employer is not providing ETA750A. I have requested with FOIA office and it is also pending for the last one year. So how safe is that option?

Would you have an estimate of processing time after assignment to an Officer?

Thanks once again.
 
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