March 29 Conference Call--Questions Answered in the thread

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monica1

monica1

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Thread CLOSED to post questions for March 29 Conference Call.

Please note that Rajiv will not be able to host this call today due to being called away from the office. He will be recording or posting the answers for this call on Sunday. We regret the inconvenience.

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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: March 29, 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.
 
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Questions on L1, EAD, H1 and Green Card.

Hello Rajiv - Currently I am working in US on L1. My L1 5 years is expiring in May 2012. I have filed L2 (I-539 form) and EAD (I-765 application) which is still in process. My wife L1 is expiring on Feb 2013. We both work for the same company. The company recently planned to file her Green Card as primary and I will be dependent. I read the recent article on Green Card Priority date retrogression.

1: What if Labor certification or I-140 is not approved until Feb 2013 ? Do we have to go back to Home country ?
2: What process in Green Card should be complete for us to stay in US till Feb 2013 ?
3: If our existing company plans to file H1 for both when the Green Process is in process, will this impact the processing of Green Card ?
4: As I am not the primary applicant on Green Card, Can I file H1 from other company and work for them ? Do I have to inform USCIS about the change ?
5: I will be working on EAD after May 2012. If I file H1 then starting Oct 1 2012, can I continue working on EAD for new employer till it is valid or I have to work on H1 ?
6: If the new employer files H1 for me, then is it compulsory that I have to work for that employer starting Oct 1 2012 OR Can I cannot continue with my current employer on EAD ?
 
I-131 Reentry Permit for Green Card holder

I have been a Permanent resident from last 3 years and maintained the continuous residence, I went out of US for the first time after my residency for almost 5 months. I might have to make another trip soon but not sure about the duration, so just to be on safe side I am planning to apply for I-131 Reentry permit.

1)My question is, if I apply for a I-131 Reentry permit and make a trip abroad. Do I have to use my Reentry permit regardless of my stay abroad while entering US?
2)What If my stay is less than a year; do I still have to use the re entry permit?
3)What if my stay is for more than 6 months and less than a year, do i still have to use the permit?
4)Do i loose the requirement of continous residence for Citizenship and the 5 year clock starts again. if i stay oustide US for more than 6 months and less than a year?
5)What If I apply for re entry and never use it? Is it going to hamper my eligibility to apply for Citizenship and maintain the continuous residence requirement?
6)What would be a good reason to show while applying for I-131 Reentry Permit?

Thanks in advance
 
Ead and ap questions

Current Sittuation:
------------------
I am on H1B and my H1B is valid until May 2014, No visa on passport.My wife is ALSO ON H1B and her H1B is also valid until May 2014. She has no stamping on passport too.
I got EAD/AP (I.E Valid until 03/13) and my wife also got EAD/AP based on my I-485 Filing.We have plans to go to india now.


Questions:
----------


1) Do we need to go for stamping to retain our H1Bs ?

2) If I use Advanced payrole in port of eantry, Do I automatically convert as EAD? What should I do to maintain H1B status even after using AP?

3)I heard that port of entry will enter as "Payrolee" on I-94 and that will automatically cancel my H1B status ?

4) If we use AP in Port of entry , Can my wife still continue on her H1B with her employer ?

5) While leaving the country, Do we need to return our H1Bs I-94 to them ?

6) When I enter usa on AP, What date they put on I-94 ? If they put same date as EAD expiry date, Is it legal to stay after I-94 expires? Or do I need to repply for EAD/AP again to be continue as legal resident ?

7) If I use advanced payrole to enter to us, If some thing happend to my I-485, Can I stay back on my H1B ?
 
H1B Amendment and GC

Rajivji,

your suggestion please

current H1B amendment Initial review status.
received GC last month.
Do we need to withdraw h1b amendment? is it ok to just leave it ?

Thanks a lot..
 
EB-5 Green Card Process

Hi Rajiv,

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.


I had a few questions regarding the following:

For EB-5 through Regional Center
What is the time frame for Investing the money? Does it vary per Project?
What is the general Return of Investment on these Projects? Does it vary per Project?
Can we withdraw the Investment earlier if the Project is a failure?
How much involvement is necessary/allowed in the management of the Project?
When can I start withdrawing the money after I get my Green Card?
Is there any agency/firm that evaluates the Regional Centers?


For EB-5 Immigrant Investor through New Commercial Enterprise

Do the 10 people have to employed immediately or over a period of 2 years?
If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?

Thank you for all your help!
 
Part-time job on H1B

Hi Rajiv.

Currently, I am working as a teacher in a public school under H1B visa. Can I work for a different employer also as a teacher, but only for a few months for a summer camp?

I yes, what steps do I need to take to do that, or can I directly start working.

Thank You.
 
Green Card Processing

Hi Rajiv,


I applied Perm labor certification mid dec 2011 and got approved march mid march 2012
I had to travel to india in dec 2011 due to an emergency and had to go to consulate for h1b extension stamping but I am still in India due to 221(g) admin processing.
Since I have got my perm labor cert approved my attorney is going ahead to file for I-140 for eb2.

Will there an issue while filing for I-140 since I do not have pay stubs for last 3 months as I am not present in the US?
Can I file for premium processing ? I have completed 6 years of my h1b but I am not in the US ?
If admin processing takes long and attempts to get back on h1 are not very successful. Can we apply for consular processing when pririty dates are current ?
Does client location at the time of applying for Consular Processing have to same as when perm labor cert was applied since there could be change in client location ?
Do they ask for client letter or investigate about employee employer relationship during consular processing ?

Thanks for all your help in answering our questions.
 
H1 Transfer after using Advance Parole for travel

I have valid H1 approval until September 2014 and currently working on H1.
My previous visa stamp expired on the passport.

I am planning to travel on AP and still continue to work on H1 as I do not want to get my H1 visa stamped.

After using AP to enter the country, In 1 month Can I transfer my H1 to different employer without any problems?

Please let me know
 
H1 transfer after using AP

I recieved an RFE for 485 requesting for a document that I had allready submitted and I replied to it the very next day.

I plan to travel out of the country on AP while 485 is in RFE response review status.

my questions are:
1) if 485 is denied while I am out of country can I use AP to travel back
2) please let me know if I am taking a risk by travelling on AP while there is an RFE pending

my RFE was a simple one and so should I assume that everything else is good in my application?

my priority date is Eb2 april 2008(India) and I hear that visa numbers are exausted, is it true?

after replying to a simple RFE, how long does USCIS typically take to approve the case?



Please let me know
 
I-485 Expedite Process

I am EB2-India , My priority date is Aug 2007 and Filed I-485 in the Nov 1st week. A lot of people who have priority dates of late 2008 and filed in Jan 2008 are also getting approvals.

Is there anyway I can expedite this process so that atleast USCIS opens my file ? What are my options here ?

How USCIS usually pick's up the file for processing ? seems to me neither USCIS notice date nor Priority date ?

Thanks In Advance,
 
Slickdeals said:
1: What if Labor certification or I-140 is not approved until Feb 2013 ? Do we have to go back to Home country ?
2: What process in Green Card should be complete for us to stay in US till Feb 2013 ?
3: If our existing company plans to file H1 for both when the Green Process is in process, will this impact the processing of Green Card ?
4: As I am not the primary applicant on Green Card, Can I file H1 from other company and work for them ? Do I have to inform USCIS about the change ?
5: I will be working on EAD after May 2012. If I file H1 then starting Oct 1 2012, can I continue working on EAD for new employer till it is valid or I have to work on H1 ?
6: If the new employer files H1 for me, then is it compulsory that I have to work for that employer starting Oct 1 2012 OR Can I cannot continue with my current employer on EAD ?
Click to expand...

1. Yes, you will have to go back or try some "weak" status like F-1/F-2, unless she converts to H-1 and you to H-4. That is something your lawyers need to explore with you. Explore also the possibility of EB1 for both/one of you.
2. AOS filing.
3. If competently done, no. It should be a good idea. But you cannot get an H-1, unless your green card is also filed as primary.
4. 5. 6. You cannot get an H-1 after having completed you 5 years on L-1B.
 
anjanasingh said:
I have been a Permanent resident from last 3 years and maintained the continuous residence, I went out of US for the first time after my residency for almost 5 months. I might have to make another trip soon but not sure about the duration, so just to be on safe side I am planning to apply for I-131 Reentry permit.
1)My question is, if I apply for a I-131 Reentry permit and make a trip abroad. Do I have to use my Reentry permit regardless of my stay abroad while entering US?
2)What If my stay is less than a year; do I still have to use the re entry permit?
3)What if my stay is for more than 6 months and less than a year, do i still have to use the permit?
4)Do i loose the requirement of continous residence for Citizenship and the 5 year clock starts again. if i stay oustide US for more than 6 months and less than a year?
5)What If I apply for re entry and never use it? Is it going to hamper my eligibility to apply for Citizenship and maintain the continuous residence requirement?
6)What would be a good reason to show while applying for I-131 Reentry Permit?

Thanks in advance
Click to expand...

As a preliminary matter, see also Form N-470 for preserving time for naturalization.
1. No. Reentry permit entry is an option, not a compulsion, as far as I know. But I do not see any advantage in not using the RP.
2. No.
3. No.
4. Read N-470 instructions AND speak with a lawyer.
5. See answer to 1.
6. Nothing but the truth.
 
NeedImmi said:
Current Sittuation:
------------------
I am on H1B and my H1B is valid until May 2014, No visa on passport.My wife is ALSO ON H1B and her H1B is also valid until May 2014. She has no stamping on passport too.
I got EAD/AP (I.E Valid until 03/13) and my wife also got EAD/AP based on my I-485 Filing.We have plans to go to india now.

Questions:
----------

1) Do we need to go for stamping to retain our H1Bs ?

2) If I use Advanced payrole in port of eantry, Do I automatically convert as EAD? What should I do to maintain H1B status even after using AP?

3)I heard that port of entry will enter as "Payrolee" on I-94 and that will automatically cancel my H1B status ?

4) If we use AP in Port of entry , Can my wife still continue on her H1B with her employer ?

5) While leaving the country, Do we need to return our H1Bs I-94 to them ?

6) When I enter usa on AP, What date they put on I-94 ? If they put same date as EAD expiry date, Is it legal to stay after I-94 expires? Or do I need to repply for EAD/AP again to be continue as legal resident ?

7) If I use advanced payrole to enter to us, If some thing happend to my I-485, Can I stay back on my H1B ?
Click to expand...

1. No. Under Cronin memo (I am sure I have it on my blog), you are still on H-1 if your return using AP. Do read memo.
2. Read memo. No issues.
3. Not true. You are still H-1, no matter what the I-94 says.
4. I dont recall what the memo says about derivatives on H-1. Have that checked.
5. Yes.
6. It is legal to stay after I-94 expires in your situation.
7. That part is debatable. You may be required to go for visa stamping. There has been some discussion on this. I do not recall the conclusion.
 
tarakbharani said:
Hi Rajiv,

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.


I had a few questions regarding the following:

For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?


For EB-5 Immigrant Investor through New Commercial Enterprise

7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?

Thank you for all your help!
Click to expand...

1. I dont know of any regional center who does not want the entire money up front. They also usually add on a few thousand dollars of additional fees.
2. No idea about ROI. We do not get involved with financial assessments. Not our expertise.
3. Not usually. But this depends upon the project and your agreement. But the green card would fail in such a case.
4. None, usually.
5. Hmm. I do not recall the exact time frame. Sorry.
6. No. Beyond the normal SEC regs, as far as I know, you are, unfortunately, on your own. This is the part about the regional centers that bothers me.
7. Over two years. But your business plan has to show how you will create the jobs.
8. Huh? Yes, of course. But there has to be a connection between the investment and the job creation.
 
el2nola said:
Hi Rajiv.

Currently, I am working as a teacher in a public school under H1B visa. Can I work for a different employer also as a teacher, but only for a few months for a summer camp?

I yes, what steps do I need to take to do that, or can I directly start working.

Thank You.
Click to expand...

You will need to get a concurrent H-1 approval for any additional employers. This is exactly like getting a new H-1 (but not subject to the quota).
 
Glad2000 said:
Hi Rajiv,


I applied Perm labor certification mid dec 2011 and got approved march mid march 2012
I had to travel to india in dec 2011 due to an emergency and had to go to consulate for h1b extension stamping but I am still in India due to 221(g) admin processing.
Since I have got my perm labor cert approved my attorney is going ahead to file for I-140 for eb2.

1. Will there an issue while filing for I-140 since I do not have pay stubs for last 3 months as I am not present in the US?
2. Can I file for premium processing ? I have completed 6 years of my h1b but I am not in the US ?
3. If admin processing takes long and attempts to get back on h1 are not very successful. Can we apply for consular processing when pririty dates are current ?
4. Does client location at the time of applying for Consular Processing have to same as when perm labor cert was applied since there could be change in client location ?
5. Do they ask for client letter or investigate about employee employer relationship during consular processing ?

Thanks for all your help in answering our questions.
Click to expand...

1. No issue as long as employer has the financial capacity to show ability to pay wages.
2. Yes, you can file premium.
3. You can apply for CP.
4. and 5. I want to post a detailed response on this. Consulates have been acting quite strangely for CP cases. I will need to do a screen cast.
 
swe82 said:
I have valid H1 approval until September 2014 and currently working on H1.
My previous visa stamp expired on the passport.

I am planning to travel on AP and still continue to work on H1 as I do not want to get my H1 visa stamped.

After using AP to enter the country, In 1 month Can I transfer my H1 to different employer without any problems?

Please let me know
Click to expand...

Yes, you should be able to.
 
immi_IMG said:
I recieved an RFE for 485 requesting for a document that I had allready submitted and I replied to it the very next day.

I plan to travel out of the country on AP while 485 is in RFE response review status.

my questions are:
1) if 485 is denied while I am out of country can I use AP to travel back
2) please let me know if I am taking a risk by travelling on AP while there is an RFE pending

my RFE was a simple one and so should I assume that everything else is good in my application?

my priority date is Eb2 april 2008(India) and I hear that visa numbers are exausted, is it true?

after replying to a simple RFE, how long does USCIS typically take to approve the case?



Please let me know
Click to expand...

1. You cannot use AP if AOS is denied.
2. I cannot assess the risk. Only your lawyers can.
Visa number retrogression is predicted. Read my blog on this. I posted something last week. RFE time is impossible to predict.
 
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