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Discussion in 'Free Conference Call For Immigration Questions' started by monica1, Apr 24, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Last edited by a moderator: Apr 26, 2012
  2. rahulgopaljoshi

    rahulgopaljoshi Registered Users (C)

    Portability of H1-B beyond 6 YRS

    Namaste Rajiv Ji

    A futuristic situation: Currently on H1-B. PERM is applied under EB-2, and approved. I-140 is filed and approved. PD is not current, so I485 not applied. Now, most likely H1-B 6 YRS would end in the waiting period, and then would be extended for 3 YR period based on the basic of pending and approved I140 application.

    Now If I need to switch employer and the new employer is ready to start the PERM process and I 140 (PD can get ported in this case right ?) then is the H1-B beyond 6 YRS (under the extension due to pending and approved I 140 ) considered portable and can it be transferred to the new employer ? Also, Does the new employer need to file the PERM and I -140 within a certain period of this switching of jobs ?

    Thanks
  3. PoorH1Boy

    PoorH1Boy New Member

    Two I-485s (EB3 to EB2 Porting) RFE on first one

    Hello Mr. Khanna !
    Thanks in advance for your help and insight.

    Quick facts about me:

    with company A I have (EB3-India) -- still employed with Company A
    Labor: Approved
    I-140: Approved (Priority date Dec 2006)
    I-485 : Pending since 2007

    with company B (EB-2 India) . I don't work for them yet. will start when my I-485 is approved.
    Labor: Approved
    I-140 : Approved (PD: Dec 2006 through recapture)
    I-485: Filed last week.

    Two days before filing I-485 through company B, I got an RFE on my previously filed(in 2007) I-485 asking me to submit an employment verification letter.

    Since my first I485 was in EB3 and my dates are not current , it seems to me that USCIS has automatically done the interfiling for me. I say this because I-140 approval notice sponsored by company B has the following and I quote: "The above petition has been approved. The person this petition is for will be notified separately when a decision is reached on his or her pending adjustment of status application."

    I have following questions:

    1. does this mean USCIS has substituted my old I-140 with my new I-140 (i.e an Interfiling has been automatically done for me)? How can I verify this ?

    2. More importantly who should provide the letter of employment ? Company A or Company B ?

    3. What happens if I respond with a Verification Letter from B and the USCIS was looking for one from A or vice-versa ? Do they issue another RFE/RFC or deny the application ?

    Thank you in advance for your time and input again.
    Last edited by a moderator: Apr 25, 2012
  4. FLN41025

    FLN41025 New Member

    Questions...

    Hello, I was recommended to speak with Rajiv by a fellow forum member. He stated that I should contact Rajiv because of the great information that you give and the questions that I had on my post today. Please let me know if I should repost, link, or speak to directly. Thank you
  5. Immiravs

    Immiravs Registered Users (C)

    Applying for I-140 while out of US

    Dear Rajiv,

    Thank you very much for your time in advance. Currently I hold a valid H1B petition with Company X from May2011-May 2015. However, I went to India for stamping in February 2012 and my visa was rejected under 221g and the petition has been returned to USCIS for reaffirmation or revokation.I am currently waiting on that decision. Meanwhile, my PERM which has been filed by X company back in January 2012 has been approved yesterday. I actually have a previously approved I-140 petition from another company (lets say Y) with September 2010 priority date.

    I would like you suggestion on.

    1. Since my PERM has been approved, can my company file for I-140 while I am out of US and in India waiting on USCIS reaffirmation.?. If so, is it prudent to apply for I-140 right away or wait for H1B reaffirmation...Since GC is for future employment, will my current living status affect the final outcome.

    2. I would like to apply for PD adjustment from previously approved I-140 petition..Is that allowed.

    3. Is it possible to continue the Counsular processing for I-140 and rest of GC process while staying away from US.

    Once again, thanks a lot for your time and valuable suggestions.
  6. joy3344

    joy3344 New Member

    Past H1B - issues- pay- and employment

    Dear Rajiv,
    I have just finished my MBA degree. I have been offered a full time position with a large company in california. I want to ensure that my H1B petition that my future employer would make does not have any issues.
    I need your advice about any potential problem you see in my case. Below, I have highlighted in red the parts that I think could create problems for me.

    Employment and Visa history in US
    =============================

    Employer A: Started working on July 11, 2005 on F1-OPT after completing MS degree ; Continued working on H1B – it was valid from 15 December , 2005 until 01 October 2008; Lost job on Feb 11 2008;

    Employer B (Small Consulting company)- applied for H1B transfer and extension on March 24-2008 (receipt date); This petition went in security check; The H1B petition got approved on 10-Aug-2009- 16 months after filing;

    My employment relationship with employer B started on March 31 -2008 while the H1B petition was still pending; The USCIS informed my employer a few months later (in 2008) that the H1B Petition was in security investigation.


    I continued to look for a contract position while being in an employee-employer relationship with the consulting company B. I remained in the US until March 27-2009; During this period, my employer B was able to pay only about one third of the salary mentioned on LCA. I left the US on March 28, 2009

    Appplied for F1 visa in India in May 2009 and came back to US in July end 2009; The H1B Petition ( which had been pending in security check since March 24th -2008 got approved on Aug-10,2009; This H1B was valid from 10 Aug 2009 to 23 March 2011; I did not use this H1B because I continued my MBA on F1 visa status.
    During the Period March 2008- march 2009, while I was in the US, I got associated with a company based in Bangalore, India since I was interested in working for them once I left USA. I did adhoc research for that company without accepting any pay or salary.

    Since 2009 July, I have traveled out of US and come back multiple times on F1 visa (last time in september 2011);
    Could you please take a look at my case and identify any potential issues that I should try avoiding.

    Thanks a lot for your advise.
  7. bhati

    bhati Registered Users (C)

    I-94 Depature Record Issue at port of entry

    Hi Rajiv,
    Namaste! Hope you are doing well. I am on H1-B visa and recently went to India for H1-B visa stamping. I got my H1-B visa stamped in India until Sept 15, 2013.


    (1) At the port of entry, on "I-94 Depature Record" visa officer wrote Class Until as "Sept. 25, 2013" instead of Sept 15. 2013. Please confirm if this will create a problem in the future when I apply for I-485 (my I-140 is already approved last year, waiting for Priority Dates to be current) or any other immigration paper work with USCIS.


    (2) Do I need to get the Class Until date on I-94 departure record corrected?


    (3) Please advice how I need to get the date corrected.

    (4) Additionally, I have another question regarding status gaps. I had gaps in F-1 and H1-B statuses before I went to India for H1-B visa stamping. Now that I got my H1-B visa stamped successfully and entered USA on H1-B visa last month, when I apply for I-485, would the previous status gaps on F1 or H1-B before I got my H1-B visa stamped create any issues during green card process? Would those previous status gaps create any issues while applying for H1-B extension or any other petition with USCIS?


    Thanks for your help and advice,

    Bhati.
    Last edited by a moderator: Apr 25, 2012
  8. kjmalviya

    kjmalviya New Member

    Can I pre-pone my start date on H1B application?

    Hello,

    I am on OPT STEM right now and have applied for H1B through my employer. Is it possible to pre-pone the start date of my H1B status before October 1st. My wife was recently denied of F2 visa and my main motivation for applying H1B was to make her apply for H4 and at the same time have her travel to US (if both my h1 and her h4 is approve) before October 1st.

    As far as I know the date my status changes to H1B is the day she can travel to US on H4. so can I have my company put a start date prior to October 1st?

    Thanks Rajeev. Any help will be appreciated.
  9. prasad121

    prasad121 Registered Users (C)

    Eb3 to Eb2 Porting

    GoodAfternoon Rajiv,

    Right now I am in 5th year of my H1 and my Perm (labor) was applied in EB3 in June 2011 and I got an audit that was replied in OCT 2011. I am still awaiting decision on it .

    1. In general how long the EB3 Audit processing will take..?
    2. will my labor audit effect on my future stages like I 140 and 485 (I heard that if we get an audit on labor then we may expect audits continously at every stage in GC process...Is that true?)
    2. at what stage can I port my EB3 to EB2, do i need to wait until my I140 approval or can I apply after my labor approval..?
    3. what is the eligibility of h1b extension after 6 years of h1b is completed (labor approval or I140 approval)...
    4.What if my labor is still pending after my 6 years completed am I eligiblie for extention on 7 th year..?

    Thanks for your valuable suggestion on this !!!!
    Last edited by a moderator: Apr 25, 2012
  10. richml9987

    richml9987 New Member

    Fiancée born in Nepal-GC Process

    Hi Rajiv,

    My employer will file my PERM application in about a year from now (May/June 2013). I was born in India. My Fiancee was born in Nepal but is a Indian citizen. We would be getting married in a few months. Once my PERM is approved (by Oct/Nov 2013), I believe the cross chargeability rules based on my then wife’s birth in Nepal would allow me to file for I-140, I-485 and EAD and Advance Parole at the same time. Assuming all these things happen by December 2013, when should I expect to get my permanent residency? Just wanted to get an approximate idea of the timeline.


    Is there any reason due to which my green card application could get delayed / denied other than audits? I have occasionally been out-of-status in the US, worked without authorization (unknowingly), but traveled out of US since then and come back on a valid visa.


    Until what time do I need to continue working for this employer after EAD & AP have been filed?

    Thanks for your help/suggestion.
  11. vnmk

    vnmk Registered Users (C)

    Returning back to USA on H1B or AP

    Dear Rajiv,

    Thanks for your community service. I am on H1B, came to India in OCT 2011 on a "extended Vacation + H1-B Visa re-validation + Work at offshore office". Now I am returning back to USA on May 13 or 14th 2012.

    My H1B extension is stamped in India and valid till Oct 31 2012. I have my AP (EB3-India-2004) that has "Date Issued" as *May 15th 2011* and this statement "Presentation of the original document *prior to* *May 14th 2011* allows a CBP inspector at POE to parole the named bearer...".

    My questions are,

    1. A. When does my AP expire. May 13th or 14th? I know it is a silly question but sorry for my ignorance.

    1. B. I was told it is valid for one year. So can I use the AP to return to USA on May 14th evening? Or as my AP approval says "prior to" "May 14th" so I can use this document to return by May 13th?

    2. Is it advisable to use AP or H1B in this scenario? I mean returning on the day of expiry of AP?

    3. Any advise on supporting documents that I should carry in case of H1B or in case of AP would be appreciated.
    (My employer is willing to provide necessary documents on both these H1B/AP cases)

    Please advise.

    Thanks,
    Muthu
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