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Recording available for August 16 Conference call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Aug 13, 2012.

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  1. monica1

    monica1 Administrator Staff Member

    Audio Recording:http://www.immigration.com/community-conference-calls-recordings
    Video Recording: http://www.youtube.com/watch?v=7bda7JN_gl0&feature=youtu.be
    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: August 30, 2011

    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: Aug 17, 2012
  2. tamarafinnikin1

    tamarafinnikin1 New Member

    I130 application approval dated June 2009


    My mother made an application for my sister any myself along with our children (one child each). I have since been waiting; I want to go to college and due to the uncertainty, I have put it off and I am still waiting for a response.

    She hired an immigration lawyer when her status was permanent resident (green card) and the case was submitted when she received her citizenship.

    I was advised to do a Police Record, which expires this month and I would like to know when to expect a response.

  3. madar01

    madar01 New Member

    Company filing EB3 instead of EB2 based on Equity Analysis

    Hi Sir,

    I have been working in US on H1B visa since 2007 and it is going to expire in April,2013. 2 years ago, I joined a company as an IT Director and the job posting required Bachelors Degree and 15+ years experience.

    The company has just started my GC process and I ran into an interesting issue with my attorneys..

    They say I am not eligible for EB2 based on the equity analysis(?) they have done within my company.. They think most of my peers in the company have mixed qualifications, means, they don't qualify for EB2 and hence, I can not qualify for it as well... Probably those employees must have gone through the ranks to become directors.. Interestingly, they filed EB2 for two employees who were reporting to an Associate Director and positioned way below my grade in the company.. Look at the attorneys answer below when questioned on it..

    'The deciding factor for the INS is not what position you currently hold but the educational level of the peers that are in the position. In your case, the educational mixture is more mixed (Masters and Bachelors) and in the case of your direct reports, the mix is a little more consistent. This is not something we consciously did in relation to INS requirements but how it happened to work out at the time of the hiring.'

    Not sure whether this argument is right or not and what should be my next step...

    Appreciate any guidance.

    Last edited by a moderator: Aug 13, 2012
  4. vigdmab

    vigdmab New Member


    I am a H1B visa holder and have been in US since 2008 to April 2012. I am currently in India from 1-May-2012 -> till day. I have got a stamping in passport till Nov-2013 and my visa is valid till 2014.

    I am planning to resign my current job and travel to US as a dependent on H4 visa (My husband is also a H1B holder).

    Kindly clarify on the below queries:
    1) in case my employer files for a cancellation of my H1B - does it mean I don't have an H1B at all?
    2) in case of 1) does it mean if I try to find a job new employer needs to apply for a new H1B against a cap?
    3) when I am on H4 will the time be counted against my H1B's timeframe of 6 years?
    4) is it advisable to travel on my H1B (have got a client letter valid till June 2012) -> initiate the H4 process immediately once I am in US and then resign?
  5. Khyatik

    Khyatik New Member

    Eligibility for EB1C category

    I wanted to know if my husband qualifies to file under an EB-1c category.

    He is an IT professional with an MCA degree (3 yrs BSc from India+ 2yrs of Masters degree) and 11+ yrs of work experience with Infosys Ltd.

    He is currently serving the role of a Senior Project Manager.
    He started as a technical position but now is in a mangerial position for last 6 years. He DOES NOT have an MBA degree.
    In the last 3 years, he has been in India for 10 months (from Sept 2011-July 2012). He was also in India (from mar 2009-june 2009). He has continuously been with the same company and has been back and forth in US and India. Is there anyway he can file his Green Card under EB-1c category.

    I would also like to know the alternatives to file under EB-1c for him.

  6. Manikantreddy

    Manikantreddy New Member

    F1 to H1-B Approval notice email has I-94 attached but I-797C has COS denied. Yet to receive I-797

    I am currently on F-1 Visa and pursuing Doctoral Degree in Information Technology in University of Northern Virginia. Recently I applied for H1-B on June 8th 2012 through Feather ************ Inc. I received a RFE on June 19th to provide for evidence in regards to accreditation status of UNVA. For which my attorney submitted my Bachelors Degree evaluation Report for the RFE on July 19th. On July 30th i received the attached approval notice email from the attroney.

    The Vermont Service Center has approved the following I-129 Petition for Nonimmigrant Worker that had
    been filed under the Premium Processing Service:

    Receipt Number: EAC123456789

    DOB: 01/02/XX
    Classification: H1B
    Starting Validity Date: 10/01/12
    Ending Validity Date: 09/30/15
    Consulate notified (if applicable): HYDERABAD
    I-94 # (if applicable): 123456789(same as my current I-94 on my passport)

    But My I-797C says that H1-B was approved but change of status was denied. I am yet to receive my original I-797 from USCIS.

    Following is my case,
    1. I first entered into US on F-1 visa in Jan 2007, to pursue Masters in Computer Science in New Jersey Institute Of Technology University. F-1 Visa was valid till Dec' 2012.
    2. In Oct 2007 I transferred to University of Northern Virginia to continue my Master in Computer Science. University of Northern Virginia was Accredited when i joined the university in 2007.
    3. In Oct 2007 I applied for Curriculum Practical Training and ended it within 11 months 20 days i.e in Sept 2008.
    4. In Oct 2008 I registered for courses for FALL 2008 term, i.e Oct, Nov and Dec and left to my home country Abruptly and dint come back leaving my education in the middle and in its last semester.
    5. In 2009, I damaged my passport with the valid F-1 visa and applied for a new one in my home country - INDIA.
    6. In 2010 Dec, I applied for F-1 visa again to pursue my unfinished Masters Degree in Computer Science in University of Northern Virginia and I was accepted and F-1 visa was granted to finish my Masters Degree. F-1 Visa was valid till 09 Dec 2015.
    7. In 2011 Jan 4th, I entered US on F-1 visa to pursue and finish my remaining Masters Program in University of Northern Virginia and graduated in March 2011. At this point of time UNVA lost its accreditation.
    8. I was not granted OPT since I did not meet the OPT requirements though i graduated in Masters Program with 3.5 gpa and I applied for Phd Program in Information Technology for Apr 2011 term.
    9. In 2011 Apr, I Started pursuing my Doctorate In Information technology in University of Northern Virginia.
    10. In Apr 2011 I applied for Curriculum Practical Training(Full Time) and worked from May to July 2011.
    11. In Apr 2012 I applied for Curriculum Practical Training(Part Time) and working till date. And current CPT Authorization (Part Time) will be valid till Oct 4th 2012.
    12. On June 7th my employer Feather ************ Inc applied for my H1-B with Change of Status for Specialty Occupation category with Masters Degree from UNVA. The packet was received on June 8th 2012 by USCIS. It was premium processing application.
    13. June 19th we received an RFE(attached) from USCIS in regards to the accreditation of UNVA In response my attorney decided to reply with Bachelors Degree Evaluation Report, which was submitted on July 19th 2012.
    14. July 30th I have received the approval email notice which said that my H1-B was approved for 3 years from Oct 1st 2012 to Sept 30th 2012. But Consulate Notified was HYDERABAD, INDIA and I-94 was same as I was initially issued on my arrival to US on Jan 2011.
    15. Aug 9th I received my I-797C(attached) from my employer, which said that my H1-B was approved but my change Of Status was not approved.

    Following are my questions,
    1. Since my Change of Status was not approved, would I be out of status at any point of time even when my current F-1 status and I-94 are still valid and in status ?
    2. What are my options at this point ? Do i have to leave the country immediately and return to my home country ?
    3. Can i continue my education and continue my Doctoral Program on my current status ?
    4. Does this all mean that my Masters Degree from UNVA did not hold any good in my current H1-B process ? When i started my masters program UNVA was accredited, wouldn't that implicate my degree was genuine ?
    5. Does my Doctoral Program from UNVA hold any immigration value ? Would I be able to apply for Green card under EB-1 category if I graduate with Doctoral Degree from UNVA ?
    6. If I pursue another Masters Program from another Accredited university would i be eligible for OPT program then ? and Can i apply for H1-B under Specialty Occupation with the new Accredited University degree ?
    7. At any point in the near future while I am still on F-1 Visa and continue my education, if I leave to my home country, will this H-1B COS decline have any impact on my i-94 ? will i loose my I-94 or status ? Will i still be able to re-enter US on my F-1 visa and status ?
    8. Can I cancel my H1-B approval and choose to stay in my current F-1 Visa status ?
    9. A past time Masters Degree from a accredited university hold any value ?
    10. In My I 797C it is mentioned that Consulate notified as Hyderabad.Do I have option to visit any other consulate in Canada or India for H1b Visa stamping.
    11. If I visit Consulate for h1b stamping and in case my visa was not approved can I still come back to US with F-1 visa.

    Thanks For you valuable suggestions and Help
    Last edited by a moderator: Aug 13, 2012
  7. Raja k

    Raja k New Member

    L1B extn & H1B processing at the same time

    Hello Sir,

    I’m working on L1B (valid till Feb-2013) for Employer A and have applied H1B through Employer B with COS (for my dependents as well) and it is in ‘Initial Review’ now.

    I'm planning to visit India for 2 weeks starting next week. My current employer is going to apply my L1B extension as soon as I come back.
    What if
    1) H1B with COS approved prior to L1B extn is approved or
    2) H1B is approved after L1B extn approval
    3) How likely is that my L1B extn to get approved if my H1B with COS is approved prior to L1B extn is applied/goes for approval.

    I understand my COS gets abandoned (as my H1B is still in processing) due to my travel.

    4) What if my H1B gets approved during that 2 weeks when I’m in India? Will I be denied at the Port of entry since I will be coming back on my L1B?
    5) Any idea if my COS gets abandoned as soon as I go out of USA or after returning back.
    6) Will this travel relieve any constraints contributed by COS on my L2 Extn processing or add more constraints into it.
    7) I will leave my dependents whom I’ve applied COS along with mine at home country and they won’t join me back at least for next 6 months. Will this be fine as far as my H1B processing is concerned.

    Please help !
    Raj K
  8. faris ahmed

    faris ahmed New Member

    Student Visa for US

    Dear Sir,

    I just wanted to know whether a person holding a valid student visa of 5 years,can go back on the same visa after a gap of a semester due to a medical reason.

  9. superfantastic

    superfantastic Registered Users (C)

    Dv 2013-asia visa bulletin

    i am selected for dv 2013. advance notification for October is published for dv 2013 on visa bulletin. there is rank number cut-off of 1900 for asia. what does that means? does case number means the rank number? does taht means the case number upto 1900 from asia will be interviewed for october?? please clarify?? regards
  10. greencard2009

    greencard2009 New Member

    EB2 for October

    Hi Rajiv,

    Thanks for having these calls. Question on the EB2 priority date for Employment Greencards. What do you anticipate would be the priority date for October, and going further into November and December? Is December 2009 a reasonable possibility by end of this year?

    Thanks & Regards,
    Last edited by a moderator: Aug 14, 2012
  11. uday01

    uday01 Registered Users (C)

    B1 Visitor Visa Question

    Hi Rajiv, Thanks.

    => My in-laws came on B1 Visitor visa(they have 10yrs visa) and my mother-in-law is planning to extend it for 6 more months. So in your view which are the best reasons that should be mentioned to USCIS so that it gets approved B1 visa extension, with good intentions of returning back after that.

    => How many days before her I-94 expires should we apply for her B-1 Visa extension.

    => Another question is my father-in-law is planning to go back for 2-3 weeks as he has to attend some court case and want to come back again on B1 visa. Will there be any issues at port of entry as he will be coming back within a month? If so what all the things he should be covered in terms of documents before coming back to US to say that he will go back after 6 more months with good intentions of returning back. And what is the decent gap before he returns in case it is too riskly.
  12. uday01

    uday01 Registered Users (C)

    Meeting with my attorney

    Hi Rajiv,
    I did post a questions last week and my lawyer is contradicting to what we have discussed last week, so is there a procedure/protocol how lawyers talk to each other. If so wanted to be ahead and know how can i arrange and what will be the service charges etc. Ofcourse i have to see how much he is willing to also.

  13. Jyothi Basu

    Jyothi Basu New Member

    PERM/ I140 Issue


    I have worked for Company (A) for two years and recently (2 months back) they have filed my Labor (First step in GC) and it is still under pending status. In the mean time I have got a Full time opportunity with company (B) and I took that opportunity.

    Now, The Questions are (Hoping the Labor gets approval) :

    1) Since I am no more working with Company (A), Will they still be able to file my I 140 (Under Future employment basis) ? Because I have no intention to stop the GC processing with my Company (A).

    2) If YES, What would be the consequences ?

    3) I had a conversation with the employer of company (A) and he is saying that he had no intention to revoke my labor or stop the GC processing and also he said even if he files my I 140 based on Future employment basis, there are chances of getting audited based on the following reason:
    We (Company (A)) filed your Labor (1st step of GC) when you are on our pay roll and now you moved out of out company (A) and no longer on our pay roll, USCIS might think you joined Company (A) just for GC processing.
    4) Any other suggestions which makes my process of applying I 140 easy ?

  14. pbugudai_sys

    pbugudai_sys New Member

    Can I apply for visa or not?


    Could you please guide me answering the doubts I am having. Let me tell you the details first then I will ask my questions. Actually I am working in IT company. Previously before 4 years I went to USA on L1B visa from one IT company. At that time I was having experience in three companies. And during visa processing I have shown all the three companies experiences. Then after coming from USA due to recession i lost the job and the Visa got cancelled. After loosing my job I got in another company. And after one year I joined another MNC and working there since two years. But problem is that before joining in the current comany at that time I found that my first company got closed during recession and there was no such company exist now. So while joining the current company I removed the first company experience(i.e around 2 and half years) from my resume and shown only the existing companies experience. But now my current companies asking to apply for visa to USA. Now my question is can I apply for visa based on my current resume as I have removed one company experience from my resume which I have shown in my previous visa processing? Will it create problem for new visa? Or if I get the work permit will they ask me about the cut experience in my resume during visa interview?
  15. kamalesh21

    kamalesh21 New Member

    Eligibility for EB2 category

    I have a bachelors in Industrial production engineering from India. And I started working in IT. I have around 7 years of experience in IT before I joined this company as a full time employee. The job that I am currently hired for has requirements of a bachelors and around 7 plus years of exp. Am I eligible for EB2 category? My current company is planning to file for my GC.
  16. anandgs

    anandgs Registered Users (C)

    GC approved but applied H1B amendment denied

    Hi Rajiv Sir,

    My GC got approved 5 months ago but recently my H1B amendment got denied (denial status on website,not received hardcopy by mail). will this be any issue ?
    I already did my India Trip using my GC recently.

    please let me know.

    Thanks a lot
    Anand gs
  17. Shikha.lovely

    Shikha.lovely Registered Users (C)

    Need a New I-94

    Hi Rajiv,

    Initially My I-94 date was same as my L1-B visa expiry date . When first time I visited to India ( Nov 2011 ), at the port of entry , officer has given my I-94 date is Feb 2014 but my L1 B expiry date is January ,2013 . So my company can not process my L1 extension till before 6 months of I-94 expiry ( Feb 2014).

    Is there a way , if i can get a new I-94 with same date as my visa expiry date ?
    I know that after expiring my L1 B visa , I can stay in US till my I-94 but can not go to India .Because then i would need a new visa to come back to US.

    I have heard about some options like going to Canada and come back but not really sure how did that work.

    Please advice me with some useful options.

    Will appreciate a response .

    Thanks much,
    Last edited by a moderator: Aug 14, 2012
  18. ag22

    ag22 New Member

    I-140--PD porting due to change in employer / Job duties for new GC -- are they reqd to match

    Dear Sir,

    I got your reference from one of my friends. Really appreciate if you could shed light on couple of things as mentioned below please as I am highly confused and stressed in trying to decide.
    Had a quick couple of questions please:-

    •I have approved I-140 with late DEC 2010 as my priority date with my H1-B current employer. Wished to know that if I change my employer now ( for a full time position ) who are agreeing to do my GC process immediately, would I allowed to keep my priority date even if my existing employer revokes my I-140 approval and gc process. I tried to research different immigration forums and different people are saying different things . Some even related their experience where they were NOT allowed to port their previous priority date because old employer had revoked it. ( I have already spent 4 yrs with existing H1-B employer and total of 7 yrs in US .. my current H1-B extenson was based om approved I-140 with current employer. )

    •Second question-- how much does it cost to revoke the I-140 ? ( Reason I asking this, if its pretty costly my current H1-B holder, which is mid size indian company may not revoke it, but if its pretty cheap, they might do it to cause problems for me. So could you let me know the approx charges for withdrawing/revoking I-140 petition.

    •How important is the job duties and responsibities to be similar between new and old company's GC/PERM filing , to be able to port priority date successfully. I heard that if the job duties are very different then you would not be able to file for PD porting.

    •Is it true that sometime USCIS issues new I-140 with new Priority date, which obviously causes concerns to the software professionals/beneficiaries but eventually if the PD becomes current and while filing for 485 , if the older I-140 approval is submitted along, USCIS processes according to older PD. Hence lot of times new PD on new I-140 is not something to be worried about

    Sir, please let me know the above as I wish to know the pros/cons of changing employer at this juncture. I definitely don't want to go back to the queue for GC by going with new employer now

    THANKS BUNCH! Appreciate your help please
  19. KumaranK

    KumaranK New Member

    Advance Parole to H4?

    Dear Mr. Rajiv,

    I have a question regarding switching from AP to H4 status. My wife entered with her AP in March 2012 and the AP expried in April 2012. We never applied for a renewal after she came back as we did not forsee any travel in the near future.

    She might have to travel again for few months and was wondering if she could apply for an H4 in India based on my H1 instead of AP.

    I have maintained my H1B for the past 13 years and i also have a valid EAD/AP till 2012.

    P.S. She used to work using her EAD few years back and now she does not work. She has been using her AP to travel into the US for the past 3 years. Before she started using her EAD, she used to work using her H1B as well as she switched to H4 for a brief period. Both her H1B and H4 have expired now.

    If she does switch to H4, would that create any problems with her I485. Both our 485's have been pending since 2007.

    Any help is greatly appreciated.
  20. abady

    abady New Member

    When parents get Immigrant visas ... will the dependent children be granted the same immediately?

    My son is a US citizen and has filled two I-130 petitions one for me and another for his mom at the same time and both petitions have been approved.

    We have two little children that are his sisters.

    Will they be able to get immigrant visas with us at the consulate? Or do they need I-30 petitions?

    If they need their own petitions, will they take long time or will they get special treatment being dependents on us?

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