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Recording available for August 29 Conference Call

Discussion in 'Free Conference Call For US Immigration Questions' started by monica1, Aug 20, 2013.

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  1. monica1

    monica1 Administrator Staff Member

    Recording available for August 29 Conference Call.

    Conference Dial-in: : (202) 800-8395
    Topic: General Immigration Related Questions
    Start Time: 12:30PM, EST
    End Time: 1:30 PM, EST
    NEXT CALL DATE:September 12, 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: Aug 30, 2013
  2. auxlr8

    auxlr8 New Member

    E3 Visa extension with approved I-140

    Hello Sir,

    I have question regarding E3 visa, I am India born and Austrian citizen and I am holding E3 visa. . My employer applied for GC and I have approved I-140. My current E3 visa is expiring in less than 2 months time. Earlier this year my employer applied for H1b, but application didn't get picked in lottery. So now I have below questions:

    _ If I apply for E3 extention now, will approved I-140, is there any issue? What is the best approach to get favorable outcome from USCIS, do I need to surrender I-140?
    As per USCIS Memo on Extension with Approved PERM/Immigrant Petition:
    "....An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition"

    Is this correct and what chances do I have now?

    - If I apply now for extension for E3 visa, and decision takes upto 90 days. what happens beyond I-94 validity date? Can I stay and continue working beyond I-94 validity date until the decision is made and how the over stay will be viewed for any future applications including GC?

    Looking forward for your suggestion and advice.

    Last edited by a moderator: Aug 23, 2013
  3. antonevan

    antonevan New Member

    Green Card Filing

    Hello Sir

    I have a question regarding green cards. My family mom,dad and sister obtained the Green card and have been staying in the US for the past 2 years. I could not get the green card through my mom ( the DV lottery winner) as I was above 21 at that time. I have been attending college and have a Bachelors and Masters Degree in Engineering.I am furthering my education with another Masters degree in the Fall. My F1 visa is expired . However my I-20 is not. What would you advise me to do at this point as the best way to get the green card. Should I get them to file Form I-130: Please let me know
  4. pasn

    pasn New Member

    F1 Visa

    Hello Rajeev,

    I have question regarding my F1 visa which is going to expire and I need to travel to India.

    I came to US in jan 2009 on F1 visa and completed my maters and started working on OPT and also STEM OPT too. My H1B was not filled this year due to my employer negligence. To maintain my F1 status I have joined another college which provides CPT from day one. I am doing my masters in MBA -IT and my i20 is valid till 2015. I need to travel to India in first week of Nov since I am getting married and would be returning on Nov 18th. This leaves only 12 days before my F1 visa expire (1st Dec). So I am confused will I face any problem at port of entry (My port of entry is at IAD Washington ) or shall I go for F1 stamping back in India ,but I am not confident of getting stamped. I am tensed any help or suggestion would be highly appreciated.

    And also let me know what are list of document I need to carry with me.

    Thanks in advance.
  5. soundreality

    soundreality New Member

    I-140 approved I-485 pending before 180 days and got downsized

    Dear Mr. Rajiv,

    Is it okay to be unemployed for a while if I-140 is approved and I-485 is pending (which is the same as my situation) as long as the I-140 is not revoked and USCIS is not asking for RFE?

    Do I have to be employed at the time I receive the green card?

    What would happen if I change company now and my current employer does not invoke my I-140? Would this interrupt my green card process? What needs to be filed by my new employer?

    Then what if within 180 days I received my green card, is this okay since it seems to be against the rule with the fact that I don't work for the same company that filed for my I-485?

    Also, on the internet, I read discussion about this. It says that I-485 means pending adjustment of status. In this stage, the person is legal to stay in the US, don't have to work. The only watch out is when the USCIS is asking for RFE. If at that time, I have job offer with similar job description, it is okay. Is this information correct?

    Thank you.
  6. victor_25

    victor_25 New Member

    7th Year Extension Validity incase of PERM Denial

    Hi Rajiv -

    This is regarding the validity of H1B 7th Year extension once it is applied using the 365 days pending PERM. Can you please provide your inputs for the below queries on this topic?

    1. Once the 7th Year extension is approved using the PERM 365 days rule, incase the PERM gets denied, will the 7th Year extension be still valid?

    ....a) If No : Would there be any grace period by default for the employee after the PERM denial?

    ....b) If Yes: Would it matter if the 7th Year extension was approved before 365 days of Pending PERM or if the PERM is denied
    before 365 days after the 7th Year approval. This is when we apply for the extension before hand using the pending
    PERM criterion.

    2. Incase the PERM is denied after the 7th year extension, does the employer need to have some PERM either the existing one in appeal or a new PERM pending with DOL during the 7th Year extension for the extension to remain valid for the employee? or Can the employee work legally for the 7th Year period without any PERM application pending with DOL and leave after the 7th year incase of no further scope of extensions?

    Thanks a lot for your valuable inputs..

    Last edited by a moderator: Aug 26, 2013
  7. rosiemr

    rosiemr New Member

    Filling for I-102 along with I-130?


    I came into the USA in 1990 with a B1 visa/passport.. I lost it all and never replaced. I'm now married to a USA Citizen for 8 years now and we'd like to start process to petition.

    Can I file for I-102 first and then I-130 or can I file both at same time? what are the chances of finding a record? and also getting approved to Adjust Status?

    I already file FOIA g-639 no record found, FBI and State Background check with no results. also waiting on FOIA by CBP. Am I doing things right?

    thank you in advance,

  8. pjkumar

    pjkumar New Member

    EB2 Eligibility

    Hi Rajiv,

    As per my perm Labor certificate the Job required Masters + 1 Year and also informed in perm my qualification is Master + 1 Year.
    However I have 3 years Indian Degree (computers) + 2 years Master Indian degree (Computers) and 10 years experience. Can I file my I140 with Batchelors + 5 years of experience.
  9. QuestionsNow

    QuestionsNow New Member

    14 years in US

    Hello there sir. Thank you so much for your time.
    My name is Mariya Yelnikova and I am writing on behalf of my mother, Anzhelika Yelnikova

    My mother has been living in the US for about 14 years. She came a long time ago (legally of course) on a B1 - B2 visitors visa (back in 1999). Due to complications that i plan to explain, she overstayed.

    More in depth: She was supposed to get a green-card through her husband because of his business here in America, but the lawyer that was hired to process her case for the green card literally forgot to mail the application with supporting documents. Then a letter was mailed to him from immigration stating that her case is expired. His assistant found the letter and delivered it to us. 14 years later brings us to now, her sister has a citizenship and her husband is a permanent resident of the americas. She never left america these 14 years. We've already attempted to get a green card through her husband but(and this is going to sound crazy) he never completed her application and did not send it in as well. Is there anything that we can do for her or at least in which direction should we start moving? And would she have to wait as long as everybody else to get a visa? Thank you for your time
  10. HoustonKrishna

    HoustonKrishna Registered Users (C)

    Parents - Birth Certifcate Last Name

    Dear Rajiv
    This is a follow up question about my ‘Parents GC – Non Availability of Birth certificate’.

    When we request the document from local govt office – do we need to get them with current name (or) name during Birth?
    Note: My mother last name changed after marriage

    [table="width: 500, class: grid, align: left"]
    [td]Example :[/td]
    [td] Before Marriage[/td]
    [td] After Marriage (Current Name)[/td]
    [td]Fathers Name[/td]
    [td]Ramesh Thula[/td]
    [td]Ramesh Thula[/td]
    [td] Mothers Name[/td]
    [td]Lakshmi Tara[/td]
    [td] Lakshmi Thula


    Note: 10th certificate has initial only e.g ‘Lakshmi T
    Marriage certificate has ‘Lakshmi Thula

    1) Is it ok if they issue with the ‘Current name’ - Lakshmi Thula ?

    2) If they issue with birth name ‘Lakshmi Tara’ - will it be an issue? I mean does USCIS then start question who is Lakshmi Thula and Lakshmi Tara and provide the details…

    3) If it is an issue then what are the options?

    4) Does the same apply to the Affidavit from elders? Can they mention by Current Name (or) Birth name?

    5) Do we need to get the Affidavit from elders NOTORIZED?

    Houston Krishna
    Last edited by a moderator: Aug 23, 2013
  11. QuestionsNow

    QuestionsNow New Member

    Oh and I forgot to add that she divorced with her first husband back in 2001 and later married again in the US. But then she remarried another man who is today still a permanent resident in the US and he keeps saying that she doesn't need a green-card and and won't make one for her. So getting one through him as a spouse seems out of the question and she can't divorce with him since she has 5 kids and no documents here. She used to have some documents from Russia (where she was born) but now thats probably all expired as well. Is there any step we can take that doesn't require her to get a green-card by being a spouse? Does that only leave the option of doing the I-130 and waiting 10+ years even if we are in America already and have been living here for so long? Our original country is technically Russia but we don't even have any residence or an address abroad anymore.. We are just sitting here and hopefully waiting there will be something we can do.
  12. Lance uppercut

    Lance uppercut New Member

    Query J2

    I have just moved to Maryland with my wife. I am on a spouse J2 visa which does not entitle me to work. We have 2 young children so I don't foresee me working for another while. I am looking to get a driving licence but have been told I may need a social security number. Can you give me some information on applying for a licence/social security number in Maryland?

  13. jefkorn

    jefkorn Registered Users (C)

    Question on filing N400 - application for citizenship based on 5 year rule

    Dear Rajiv,
    Thanks for continuing this service, it's greatly appreciated. Few questions regarding applying for citizenship(form N400) based on 5 year rule (employment based GC)

    1. What's your opinion on disclosing traffic tickets especially when one doesn't even remember where and when was the traffic ticket given? Should one request a driving report from all states where the applicant lived and attach that with the N400 application even if driving history report simply says "no offence found"? I know in some cases the record may not be present in the state's central system but going by memory the applicant has some vague recollection of getting a ticket and paying it but can't lcoate the exact details.

    2. Does one need to attach with the application additional documentation such as income tax transcripts from IRS for last five years to prove timely filing of tax returns,driving record to prove that applicant tried to find the record of any traffic tickets but no record was found in the state's DMV system OR apply with simply the N-400 form along with fee, photographs and copies of GC?

    3. Attaching a Cover letter with the application, is that a good idea? Or is it not really required for "simple" cases?

    4. On form N400: Question C. If you have ever used other names, you will have a chance to enter them below.

    Say my full name is "John Al Smith".

    In the beginning of my immigration journey, trying to make sure that my name appears as it should, I have some times used "John Al" in the first name (given name) fields on some older H1 applications and Smith as the last name. In other cases, I may have used "Al Smith" as the last name and "John" as the first name. But in the end if you were to provide full name it would always end up being "John Al Smith".

    I don't think I have ever provided this variation in names in my I-485 or more recent immigration filings.

    Should it be brought up now on N-400 form keeing in mind that name variations were never mentioned in prior immigration filings under the particulat sections that ask for "other names used"? Do I run the risk of mulitple name check runs and potentially getting stuck in mulitple name checks?

    Thanks and best regards
    Last edited by a moderator: Aug 23, 2013
  14. tom16

    tom16 New Member

    OPT Experience questions for GC filing

    Hi Rajiv,

    I am currently on H1B and have fulltime-permanent job with multinational bank. After working for more then one year they are ready to file for my GC and send me the questionnaire.

    I have completed MS from the USA and did unpaid OPT for the 15 months includes 12 months from the first OPT and 3 months from the second 17 months OPT (I was not on unpaid status for more than 120 days on my second OPT), afterward I got the paid OPT.

    My questions are:

    1) Is it okay to mention these unpaid work experiences in my PERM filing?

    2)If yes, just in case if questions comes up later on the I-140 or I-485 stages for the w2, paystubs, tax returns how can I answer those questions or query?

    3) If no, is it okay to show gap in-between for the work experience in PERM filing (unpaid work for 12+3 months)? Asking you because I was on F1 OPT status on that time.

    4) Can I mention my CPT work experience for the PERM filing? I do have some paystubs for my CPT in USA.

    Thank you in advance.
    Last edited by a moderator: Aug 26, 2013
  15. usr_local

    usr_local Registered Users (C)

    Generic Questions on filing I-485 for derivative benefiiary

    Hi Rajiv,

    Thank you once again for this invaluable service you provide to all of us. I am getting ready with the I-485 packet for self-filing my wife's I-485 as my EB3 date got current in the latest visa bulletin (since my attorney is out of town). A few questions came up in the course of the same. hope you would be able to assist me with the same:

    1. My wife is currently on F1 student Visa from a reputed college and on OPT/CPT. Would this have any bearing on her being able to file I-485 as F1 visa means not having immigrant intent but filing I-485 means Immigrant intent? she entered the US on H4 visa way back in 2010 and moved to F1 visa only in late 2012 to avail of the training opportunities from being on an F1 visa. Would her F1 get invalidated in any way if we file I-485 or if we file for her EAD/AP?

    2. she also dosent have an A-number (only SSN). the instructions for form I-485 indicate that the A# should be written on the back of the photo. Would just SSN and name suffice? Should I include a copy of SSN card in the I-485 packet?

    3. does the filing fee for I-485 have to be 2 cheques (one for I-485 and one for fingerprinting) or will one cheque for $1070 suffice?

    4. I am not filing for EAD, AP for her at this time since we are quite comfortable with her F1 status. We can always file for the EAD and AP at a later date, if required, right? Do confirm.

    5. Do I need to fill and submit a form I-134 Affidavit of support (with bank documents etc...) with the I-485 even if the spouse is already in the US and theoretically on a non-dependent (F1) visa (for which also, I filed an I-134 btw)? Should I submit an I-134 anyway, just to be on the safe side since the I-134 is counted as 'initial evidence' for the acceptance of the packet?

    6. The end date on the F1 visa says 'D/S'. what does this mean? asking since I need to put in the expiry date of the current visa in her I-485/G-325 forms? Should I put in the end date as the end date from her I-20?

    7. What address does the packet need to be sent to? The I-485 form itself dosent list the addresses but asks us to call USCIS. I am a resident of NJ. Sorry if this is a trivial question.

    Thanks once again for all the help.

  16. mkb3

    mkb3 Registered Users (C)

    H1B transfer Issues

    Hi Rajiv,

    First, I would like to say thank you so much for your time and helping us.
    Let me explain you the complete situation :-

    I work for Employer A from the last 2 years on H1B visa. Few moths ago, Employer A (Consulting company) is merged to Employer B (Consulting company) and Employer B filed my transfer cum extension in August first week in Premium processing but got RFE about asking Client Letter.
    Client doesn't provide letters and my project is getting over by Aug 31. My I94 and I 797 approval are valid by the end of September.
    My current employer is saying they can reply RFE once I get the project and they will get the client letter from other client and reply the RFE till Nov 3.
    Since LCA is filed based on current project and we got RFE. I have a following questions:-

    1. Is it possible to get the approval based on letter provided by new client.
    2. Do they need to file H1B Amendment or withdraw this H1B petiton and file new one based on the new client ? Is this situation manageable ?
    Meanwhile for the backup plan, I inquired from two types of employers.
    A) First employer C (Consulting company, employee strength 200+) is ready to file H1B transfer based on in-house project ? They are asking about fees.
    I can join them after approval.
    B) Second Employer D (Consulting company) is having direct client but they are asking me to join as soon as I get H1B transfer receipt in regular processing.
    They are saying that If we apply in Premium Processing, the chances of RFE is high and as soon as employee joins the client they can present invoices, time sheet
    and other supportive documents.
    4. Can you please recommend me which employer I should go with (Employer B/Employer C/ Employer D)
    5. In case of H1 denial, My I 94 will be expired so Do I need to go to India for H4 stamping?
    Can I use 4 years of H1B If I wish to change status from from H4 to H1 in US. How easy to get H4 visa If my spouse is in US?
    6. My I 797 shows Employer A name. If I go with employer C or D and H1 transfer gets denied. Is it possible to go to my previous employer A which has been merged to B.
    My I 797 shows Employer A name. If I join employer C or D after filing H1B transfer and If anything goes wrong and H1B transfer denied.
    7. Since Employer A no more exists reason being it is merged to employer B. Can I join my previous employer B If they didn't revoke my H1B.

  17. Pandey

    Pandey New Member

    B-1 visa: "Length of stay" and problem in next time VISA process if stays in US for max limit


    I understands that anyone can stay until date mentioned in the I-94.
    But would like to know that what are the chances of the rejection of VISA for the next VISA interview process if anyone stay for the max limit of 6 months.
    If stay needs to be extended, what is the recommended "Length of stay" without an issue in the next VISA interview/issuance process.

  18. jipcan

    jipcan Banned

    I have question regarding E3 visa, I am India born and Austrian citizen and I am holding E3 visa. . My employer applied for GC and I have approved I-140. My current E3 visa is expiring in less than 2 months time. Earlier this year my employer applied for H1b, but application didn't get picked in lottery. So now I have below questions:

    _ If I apply for E3 extention now, will approved I-140, is there any issue? What is the best approach to get favorable outcome from USCIS, do I need to surrender I-140?
    As per USCIS Memo on Extension with Approved PERM/Immigrant Petition:
    "....An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition"
  19. DANA101

    DANA101 New Member

    Fraud marriage and divorce


    In Summer 2007 I married an american citizen while I was at student visa in Orlando FL.The marriage didnt go well at all but we stayed married so that I get my green card. A year later I had big problems with my husband (without going into details) we had negative immigration interview for marriage. I ended up leaving everything behind and coming back to my country Morocco. During my absence the immigration charged me with attempt to commit a fraut.

    My question today is:
    " is my marriage still valid or is it dropped, my husband disappeared with the girl he was cheating with since I left the USA on July 2008.
    Please any advice will help, I am still living in my country Morocco and I need to marry my Moroccan boyfriend who lives in Canada and I am not sure if Iam still married to the american or not

    Thank you
  20. LPR_filer

    LPR_filer New Member

    religious wedding ceremony in India was not registered, Court marriage in US

    Had Hindu religious wedding ceremony in India -- Did not get a change to register it. Few months later had civil ceremony in US at city clerk's office and got marriage certificate. Planning to use civil ceremony date as marriage date in I-130 petition as that is the date I have any legal document for.

    Will the religious ceremony in India present any hindrance in terms of legality of using civil wedding ceremony as official date of marriage? (I just got to know, in India, a religious ceremony may be considered legal marriage.)

    During an AOS interview, I thought showing pictures of elaborate religious ceremony and following celebration with friends and family in India might help in enhancing "bonafideness of marriage" as compared to a pictures of civil ceremony that has just one friend as a witness.

    Also, in securing third party affidavits from family here, is it ok if they mention about both religious ceremony and the civil ceremony here, or should I save that to explain in person during an AOS interview.
    Last edited by a moderator: Aug 26, 2013
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