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Recording Available for April 11 Community Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Apr 4, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available at http://www.immigration.com/media/community-conference-calls/community-conference-call-2013-april-11

    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: April 25, 2013

    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.
    Last edited by a moderator: Apr 11, 2013
  2. pritvj

    pritvj New Member

    EAD status during employment change

    Dear sir
    I have a pending I-485 EB-3 category with USCIS, pending since 5 yrs. I have EAD and AP valid untill 2015. I also have a I-130 petition filed by my husband, US citizen,since July 2012. If I quit my job how long can I stay without a job? Will it impact my EAD status. Can my employer revoke my status? If I find a new job what documents do I need to file with USCIS and do I need to change inform my employer's lawyer?
  3. HoustonKrishna

    HoustonKrishna Registered Users (C)

    Parents GC - adv parole - visa expiry - travel to india

    Dear Rajiv,

    I have a question regarding my Parents - ' GC inprogress and travel to india for 3 months with advance parole'

    • We have applied for ‘status change’ from visitors’ to Greencard for parents who visited us on visitors’ visa. We haven’t heard the decision from USCIS (more than 7 months since we applied and responded to the query)

    •They have been here since June 2012.

    •They have advance parole documents approved which is valid till OCT 2013.

    •Mom’s visa stamp in passport is valid till Nov 2013 only

    •They are planning to go to India for a short visit of 3 months in JUNE 2013 and come back by AUG 2013. Can they travel to India and be back in US without any problems?

    •They have overstayed their 6 months visit, I mean I94 was given upto DEC 2013 during port of entry. But fyi before I94 expired we have applied for GC . Will there be any problems during re-entry - saying why did you stay beyond 6 months?

    •When they come back , even if my moms visa is expired she is still allowed to enter USA right? - without need of getting stamped in US Embasy in india ?

    •Is there something we can do safely to check the status of the application?

    Thank You
  4. Gentleman84

    Gentleman84 New Member

    Plan Green Card Application

    I am on F1 status and had faced severe economic hardship. I have my program extended by SEVIS, I applied for EAD at uscis but it is denied. my fiancee is a US citizen. we will be getting married next month. she is 41 years and I am 29 years. we are together for 7 months now. Will uscis give me any problems on my applications due to the age difference between us and she is also not working, she receive food stamps and live in housing.. Please help
  5. prplgrl

    prplgrl New Member

    Pending I-485. Need help getting back in the US

    My PD is August 1 2003 in EB3, India. I left the US unexpectedly for personal reasons and had to resign from my job as a consequence. My AP and EAD have both expired but the 485 application is still active and pending. Is there any way for me to come back into the US in order to resume my AOS process while retaining my original PD? I'm not eligible for a visit visa and I'm unable to interview for jobs in the US as I'm not physically present there. I would like to explore all possibilities to see if Still salvage my Green Card. Thank you for your help.
  6. shahidashrafi

    shahidashrafi New Member

    Applying US citizenship with shoplifting, illegal residency and diversion program issues


    I am new to the forum. Its great forum and I am in need of some advice. Me and my family will be eligible for Citizenship in July 2013. Now the N-400 form requires questions to be answered. which I am worried about.

    1. I spent some time before 1997, in US as an illegally alien. I went back, My brother applied for my Residency. Got immigrant visa in 2008 and moved to usa. The issue of illegal stay came up in the interview. But since It was 10 years ago I was issued visa with my family. Should I mention this in the N-400 form?

    2. My wife got a shop lifting citation in Oct, 2010, was not detained and the value of item was less then $50. se got court lawyer since we could not afford any other. We wanted to contest it but the lawyer said since she had a green card its a good idea to just pay the fine of $100 and if nothing else is on the record in one year we are good to go. she even mentioned our citizenship filing and said its better to do this way. So should we mention it in the N-400

    3. My son had slight altercation in high school with his friend and the school called cops. They issued citation to both. they were put in a juvenile diversion program. was over a year ago.

    So the question is should we mention these in N-400. and is it going to have any implications on over application.

    Thank you.
  7. scs777

    scs777 New Member

    Continue on H1B or use EAD with current Employer - Not having documents on Labor/I140

    Hello Rajivjee, Namaste.

    I'm with my current employer on H1B who filed my GC (EB2-Ind/May 2009); my 485 was filed a year back & having EAD valid for next 2 yrs. I've following questions.

    1) If loose my job & my employer cancel my H1B, revoke I-140 without letting me know, can I use AC21 after that?
    2) Will it be good to switch to EAD now instead of continuing with H1B to protect this situation?
    3) My employer didn't share Labor/I-140 doc with me; can I change employer if I switch to EAD now?
    4) If I change job my current employer will definitely revoke I-140; will it be an issue?

    5) Do your office handle such cases & can help me on this?

  8. Yemi

    Yemi Registered Users (C)

    Dear Sir,

    I have a situation here and need some help:
    I received my 10yr GC in Nov.2012 for a wrong residency date that could have put me about 6 months up to file my Citizenship. Instead of Feb 2012, it stated August 2012 and upon with the advise of some friends, sent it back with the form to get it corrected at no charge in Dec 2012. I got the receipt letter from USCIS but have not received the corrected GC yet but I went on and filed for my citizenship anyway with the proof of my 2 yr GC showing the USCIS mistake on the 10yr GC.
    Everything is going as scheduled and even been set for interview by end of April in ATL.

    Question: I have been told that I will be asked to turn in my 10yr GC at the interview- If I have not received my replacement back yet by the interview date, will that affect my interview ? OR
    Do you all think that USCIS just chose not to replace it since I have filed for citizenship and as such may not be getting back any replacement card ?
    Any advice or what should I expect ?
  9. abeohio

    abeohio Registered Users (C)

    Guidance on Best Option to Bring Spouse from India for US Citizen

    Hi Rajivji,

    Thanks for the good work you do here.

    I am a US Citizen (born in US) and I'm in the process of getting an arranged marriage in India. I have been communicating with the girl for sometime (this is a bonefide wedding and we will have plenty of documentation of our communications) and I plan on going to India in about a month to meet the girl and her family. I have some cultural reasons that prevent me from getting married till Jan 2014 and I want to understand what the quickest option is to bring my wife here once we get married. If there is anything I can do when I go to India to expedite the process, I would be interested in understanding that also. Once she comes here, she would like to work.

    Thanks in advance for your response(s).

  10. saralasarala786

    saralasarala786 New Member

    RFE Questions

    I applied for OPT last year and i got an RFE ( details below ). So, the lawyer that i talked to, suggested me to withdraw the OPT application and join or continue on f1 by joining another university instead of replying to the OPT RFE( because she told me that the chances of getting approval of OPT are very bad ) .

    1 Q) So, this year I applied for H1 and I am worried that I will get the same RFE ( should i be prepared to answer that same RFE )

    2 Q ) and did i do a right thing by not replying to the RFE for OPT

    3 Q ) how many applications did they receive for H1 this year and are they planning to increase the this year ?


    RFE Details

    1) you must show that CPT was required part of established degree program for master degree at all the schools attended .

    2) copy of all the transcripts including TVU

    3) Pay vouchers for all the authorized CPT including all W2's and the tax returns filed for 2009,2010 and 2011

    4) Evidence that u physically attended classes at XX university while you where working CPT in XX location and you physically attended classes TVU in california , including

    a) classroom attendence records
    b) Copies of receipts of books and tution
    c) If you commuted to school you must provide evidence of travel such has airline , or other travel means , parking tickets etc..
  11. jazminemindanao

    jazminemindanao New Member

    Issues before Re-entry to US

    I went back home to the Philippines last October 2012. I got my permanent resident card (GC) on December 2012. I was injured during my stay, and my doctor required me to continue my therapy and told me that I cannot travel back to the US yet because the damage to my spine was that severe. My doctor said that I will be able to travel (minimum recovery) in October 2013. My re-entry permit expires July 2013. I have a 3-year old son, and my husband just got newly deployed to Afghanistan as a contractor with US government orders. He will be eligible to go on leave/vacation in October 2013. My questions are:

    1) Can I get with the US Embassy Consul and show them paperwork, my Doctor's contact information, etc. so that they'll extend my stay here until October 2013?
    2) Can I turn-in my GC to the US Embassy and re-apply again sooner or later without being banned?
    3) Will I get banned if I won't make it to the US in July 2013?

    * What do you suggest I do? Please help!

  12. abhay1266

    abhay1266 New Member

    Dear Mr. Khanna,

    I am on EAD since 2007. My wife was on her own H1B and continuing her same job on EAD (thru my GC cas). I have changed employers during these years since 2010. I have 2 different question;

    1. I have not filed AC21 every time I switched my employer. What should I do about it? Should I file AC21 for past employment change?
    2. Where do we find accurate information about filing AC21 (I tried but failed in finding right info), Any specific link for this info?
    3. Different query; I also want to start a company with my wife as owner and I want to work under that company full time. She is on EAD which she got from my GC case. Is there any reason I should not be doing so?

    I also like to thank you for doing this community service. This helps a lot for someone like me who does not where to start.

  13. princy premdas

    princy premdas New Member

    Reg: Clerical mistake in MCA certificate


    I have applied for H1B Visa for the year 2014. After applying for the same, I was notified by university people that there is a small clerical mistake in my MCA main certificate and the correction has been done. But the certificate I have send for H1B application is my old certificate which will be differing from my corrected certificate which is in my hand. Can you please check and let me know will it create any issue during stamping or any other process. Please guide me for the same.

  14. uday01

    uday01 Registered Users (C)

    => Company A filed my EB3 GC(priority date Nov 2006) and I invoked AC21 (by sending a letter to USCIS) and joined Company B on my EB3 category and currently with this employer.

    => Thru another Company C, I did apply on EB2 Category with I140 approved with priority date as August 26'2004 (currently visa's available), and now this company went OUT of business for financial reasons and doesnt exist.

    => Now i got a RFE stating as below, which needs to be answered by May 27th....

    ""The Service acknowledges that you filed your I-485 based on your approved 3rd preference I-140. Service records indicate that you also have an approved 2nd preference I-140 with a priority date that affords you an available visa. If you wish to transfer this I-485 to the approved Form I-140(2nd preference) a request for conversion must be made in writing.""

    => My current employer Company B is reluctant to give anything related to EB-2, and on much pressure they gave something like this:

    "With regard to your request for conversion from the EB-3 to the EB-2, we would be pleased if you granted such a conversion (and used the earlier priority date of August 26, 2004). Please note that we have no knowledge of the job offer made in the labor certification and immigrant visa petition by Company C, and we therefore cannot make any statement regarding the terms and conditions of that petition or labor certification. (We have also been told that the petitioner is no longer in business, although we have not independently confirmed that.) If you nonetheless deem it appropriate to convert application from the third employment-based preference to the second employment-based preference and use the earlier priority date, please do so. If you do not deem it appropriate to do so, please continue with the third employment-based preference."

    My Question:
    => Is this reply valid, as for the same position i sent an AC21 under EB-3 before, so can we request this way? Will it effect my EB3 petition?
    => Is there any way i can take advantage of the EB2 category even though the company 'C' is no more, by moving to another new employer with same job duties as EB-2 category and invoke AC21 and answer the above RFE?
    => Suppose if i dont get a new employer by May 27th, can i go ahead with answering thru my current employer that i will continue in EB-3 category and then move after few months when i get a job in EB2 category? Or will they close EB2 once i answer the RFE saying i will continue on EB-3.
    Last edited by a moderator: Apr 9, 2013
  15. ballwin3

    ballwin3 New Member

    H4 to F1

    Hi Rajiv Sir,

    I'm on an H4, I will age out in two years so I want to change to F1. My parent's 485 denied a year ago and second 140 approved and still continuing on H1 status.

    Since I was included in my parent's 485 and 140, will I have any problems changing to f1? In case the f1 is rejected, what will my status be? H4?

    Thanks your help.
  16. dvskab

    dvskab New Member

    H1b stamping

    Hi Rajiv sir,

    I went for H1b visa stamping at Mumbai consulate today 9th april 2013. VO had given me 221g blue form, cancelled without prejudice my H4 and asked me submit documents at VFS almost all clicked. He told me specifically that before submitting the documents verify about your employer that can he provide you employment. Here are my quetions
    1) My H4b is with cancelled without prejudice can i apply for H4b again? if so will it be a problem for getting H4b approval again.
    2) After VO asked me about my employer i got doubt if i submit all the documents whether will it be approved or not because my employer is small employer and project is in-house project. Suggest me on this
    3) I got very good offer in INDIA with very big MNC and they promised me that they will transfer my H1B(new petition under cap exemption) if i work for them at least three months in offshore. Will 221g effect my H1b Visa transfer and stamping?
    4) I am in bit confusion that whether to submit the documents they requested for or should i take the job from MNC and apply for H1B transfer?

    Thanks in advance
    Last edited by a moderator: Apr 9, 2013
  17. dsm918

    dsm918 Registered Users (C)

    Hi Rajiv, I am currently on my last year of H1B (expires Sept 1st, 2013). My company is currently at the job posting stage of my PERM. It is highly unlikely that my PERM will be approved before Sept 1st. I do have a backup in the form of a EAD through my wife (her priority date is Nov 2009) and I will be going on that EAD (EAD Valid till March 2015) once the H1b expires later this year. However my company said that they will continue with my GC process and once the PERM gets approved and if I need to go back on the H1B I will have to leave the country and reapply to get the H1B.

    Here are my questions:

    If my PERM is applied for before the final H1b expiration (Sept 1 2013) but does not get approved before Sept 1st, I would have no choice but to go on the EAD.

    1) Once it gets approved later (after I have gone on the EAD) and I want to go back on the H1b, am I required to wait 1 year outside the country to apply for it or can it be applied for immediately? I am confused on this 1 year rule - Does the PERM have to be approved before the 6 years on the H1b expire or does it only have to be applied for? Am I better off just sticking it out on the EAD and not try to go back on the H1b?

    My wife's 485 has been pending for over a year now and we are waiting for her priority date to get current (Nov 09). Our EAD's are valid until March 2015 but currently we are both continuing on our H1b's. I read your blog and per that I understand that even if she got laid off by the sponsoring employer during this time, she will not be out of status since the 485 has been pending for more than 180 days.

    1) What happens if she is unable to find another job all the way until the priority date becomes current? Is she required to have a similar job when the date becomes current to be eligible for the green card?

    2) This a 2 part question based on 2 Scenarios -

    a) If the priority date is still not current by March 2015 and she has a new similar job at the time - How can she extend her EAD beyond March 2015 if she is no longer with the sponsoring employer? Can the new employer extend it?

    b) If the priority date is still not current by March 2015 and she does not have a job when the EAD is expiring - How can she extend her EAD beyond March 2015 or is it just not possible?

    Last edited by a moderator: Apr 9, 2013
  18. pnsson

    pnsson New Member

    Application for OCI card

    Can we apply for OCI card after taking oath and getting naturalization certificate?

    Or shold we apply only after getting US pass pport?

  19. I485_help

    I485_help Registered Users (C)

    My daughter who is 14, received a FP notice last week for her pending I485 application. The following day, I received an update saying that her I485 application has been approved & card is under production. There is no update on rest of the family's application status. There was an LUD on my husband's I485 application (who is primary applicant) in the same week but no change in application status. We are in EB3 category & our PD date is of Dec 2004.

    If this is an error on behalf of USCIS, should we inform them of their mistake. If not:

    1. What can we anticipate when they find out?
    2. In future, if she has to travel to India, she will not be eligible for AP (since she is already approved GC) so in that case will it be OK to travel on GC(in this case GC approved in error)?
    3. What happens if it is revoked after she has made an international trip on this GC? Will her I485 application considered abandoned since she left (& entered) the US without valid AP?

    Please advise.
    Last edited by a moderator: Apr 9, 2013
  20. Consultant007

    Consultant007 Registered Users (C)

    Notice of Intent to Revoke (NOIR) on approved I-140

    Hello Rajiv -

    I have my I-485 pending from 07/2007 onwards and had two I-140's approved with same company EB3 and EB2 I-140. EB3 I-140 is current and I still have H1b with the same company. Working with them for the past 7 years now. I have EAD and AP as well. I recently got NOIR on the approved EB3 140 which is current. I spoke to the company guys and they are saying that they do not know what that is.

    My question is will I be able to keep that PD if something happens to the NOIR I-140? Can I file AC21 as my I-485 has been pending for a long time now? I read one of your blogs on NOIR and you have mentioned that beneficiary can keep the PD if they have not done any fraud or provided misrepresentation. I have not done any fraud and never misrepresentated and I am law abiding person, so will that allow me to keep the PD and process the I-485. Actually, I have two I-485s pending - one with NSC and one with TSC.

    I am willing to take your legal advice and representation. Please advice. Thanks you for all your service.
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