Recording available for August 30 Conference Call

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monica1

monica1

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Recording available for download
http://www.immigration.com/community-conference-calls-recordings

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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: Sept 13, 2012

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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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Eb3 -> eb2

Hi Rajiv -

I have I-485 pending on EB3. I have been with my company for 12 years. Now my company planning on applying EB2 (same company applied EB3 before). I have bachelors in Engineering (4 yrs) from India.

1) Will I be eligible for EB2?
2) Is there any audit risks on applying EB2 when my EB3 is in I485 pending status?
3) If we apply in EB2, will my EB3 application processing stops? Basically what will happen to my EB3 processing?
4) My wife working on EAD from my EB3. Will her EAD affect if we apply in EB2?
5) If we get EB2 I-140 approved, can I use EB3 priority date on EB2 application? At that time, will I get another EAD from EB2 processing?

Thanks
Somu
 
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F1- H1-B Stamping..

Hello Sir,

I'm on H1-B now. My status in US is as below. Please help me with my questions. Thankyou for your help.I really appreciate it.

MY STATUS:
2007 Aug- 2008 Dec : F-1 Visa- Masters from reputed university.
2009 Jan-2010 Jan : F-1 Visa OPT ( 1year only)
2010 Jan -2010 Aug : F-1 Visa- Joined Trivalley University (MBA).
2010 Aug- 2011 Jan: Trivalley CPT ( Got a job in a big firm, strted my job from oct)
2011 Jan 19 : TVU got shut down. Applied H-1B got receipt notice on 26th Jan. Got RFE on TVU. Submitted all docs.
Jan20 -Feb 29 : Did not work .
March 1 2011: Got H-1B approval for 1 year, started working with same client.(Emp- Vendor1-Vendor2-Client- Model). I got new I94 number.
April 1 2012 : Transfered to Vendor 1. Approved H1 for next 3 yrs.
My questions are--
1. Jan20-Feb 29 ' 2011: Did not work . Should this period called Out of status or In-status since I didnt work? What should be my answer when Visa Officer asks" were you out of status any time?)
2. I want to go to India in the month of Dec. Will I be eligible to go for stamping in Canada since I already have a masters degree from XXX university? Or should I have to go to India only for stamping?
3. What are my chances of getting stamped?(EVC Model). I have been working with same client since 2 years. Have you come across any others/situations like me Sir?
 
More Than 180 Days Stay On Visitor's Visa In A Yr (not beyond I94 date) and Impact On GC Application

Dear Sir,

My question related to my mother’s visit to the US on tourist visa twice in a year adding up to more than 180 days in 2012 and its potential impact on applying for her green card next year.

Background: My mom is an Indian citizen with 10 year multiple entry tourist visa (expires 2022). She visits me in the US for 6 months at a time stay for the last ten years. She has never stayed beyond 180 days in the US except one year when she applied and got an extension for a one year stay. She has NEVER over stayed beyond the date on her I94.

She was with us in the US this year (2012) till end of May (~150 days) and is now back in India. However, she is not keeping well and we wanted to get her back in the US in September and stay with us till March 2013 (6months). This will exceed her cumulative stay in the US for 2012 beyond 180 days

I will get my US citizenship sometime around middle of 2013 and I am planning to file for my mother's green card soon after (in 2013)


Question 1: If she stays beyond 180 days in the US this year, will it adversely impact her application for green card?

Question 2:We plan to file for her green card next year using adjustment of status, while she is visiting us in 2013. How long does she need to stay in India before she can make a repeat visit to US in 2013. Also what do we need to keep in mind when applying for her green card in 2013.


Would really appreciate your help with this.

Thank You.
 
EB3 to EB2

Hello Sir,

Thank you for your valuable time and guidance for the community. I am sure many of our friends get benefited out of this service.

For my EB2 case, we are working on preparing the I-140 application.

1. Can this be done with Premium processing?

2. Do we have to specify the pending EB3 case information during I-140 filing itself? or Should there be a separate letter sent after I-140 is approved for porting the case from EB3 to EB2.

3. When I started filing for the EB2 case, attorney mentioned not to file AC21 as it might interfere with the EB2 case. Of course it is late to ask this question now, but if its not too late and the AC21 has to be filed, I can do that now.

Please advice.

Thank you so very much.

Best Regards...
 
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Travel to the usa for two weeks only to activate green card

Dear Mr.Rajiv,
Thank you for your precious time.
I am a 2012 DV winner and I got my visa already.However I am currently living in a foreign country and .What I want to know is;
1.Can I travel to the USA together with my family for 2 weeks only and activate our green cards and then return to my current residence and clear up a few things then relocate permanently to the USA in 4-5 months time from the initial visit?
2. If I will not have received the green card during my initial visit, will I be able to travel back again to the USA on the initial visa?Do I need to do any paper work before I leave the US in that case? Can the green card be mailed to me by host for use when I enter for the second time (in 4-5 months from the time of my initial visit?)
3.Will these have any negative implication in future in case I do decide to apply for naturalization?
4.Can my spouse travel to a different state from me during his initial visit?I am the principal applicant.
Thanks in advance.
 
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Using approved I-140 for different H1B extensions through different employers

Dear Rajiv,

I was working with employer X from 2006-2011 and have an approved I-140 petition. In 2011, due to company X's financial worsening, I was forced to transfer my H1B to employer Y working with client Z and sought 3 year extension based on company X's approved I-140. However, I came to India in Feb 2012 and my visa stamping is stuck in 221g and I am working for the same Client Z from India. Now, the same client Z is willing to file for my H1B as a cap exempt petition. So I am wondering

1. Can Client Z file H1B cap exempt petition and use the approved I-140 and seek 3 year extension?

2. My employer meanwhile has processed my PERM and it got approved and is willing to file for another I-140 and capture earlier PD from the approved I-140. Is this advisable?.

I am worried about the timelines. Can H1B extension with Z and I-140 filing with employer Y be done at the same?. If so will it have any bearing on the outcome of H1B and fresh I-140.
Supposing I-140 with employer Y is done first, can I use that I-140 to seek H1B extension with employer Z.

I really appreciate your valuable feedback and respect your advise.

Please let me know how to contact you for one on one consultation if required.
 
Green card for father, who is working in USA

Hi Rajivji,
Our daughter is a citizen and has a good job.My husband is on H1 and i am on H4.We are planning to do concurrent filing I130 and I485. My daughter is filing i864 a for my husband and I 864 for me as affidavit of support. Is it correct?
Hope to get answer soon.
Thank you.
vasudha
 
F2 Visa Stamping reapply after 1st rejection

Hello Mr. Khanna,

I have listed my details and questions below. My wife's F2 visa has been rejected once on the claims that marriage is not valid. We are trying to reapply for her in the same category. Please advice. Appreciate your help.

The time when my wife appeared for her F2 interview, my OPT was due to expire and I hadn't applied for H1. Somehow she was rejected on the grounds that our marriage is invalid. The VO said so without even looking at any of the documents, my wife even asked the VO to look at our marriage certificate and docs but no avail. After that, I have joined another university this time and have the course completion date by Sep,2014 on my I20 this time. I did check your post regarding the accredited university and the new university is accredited. I am enrolled in CPT with the new university which is expiring in Sep,2012.

Details :-
First Arrival in US - Jan, 2008
Masters Completion - Dec, 2009
OPT start Date - Feb, 2010
OPT STEM End - July, 2012
Marriage Date - Feb, 2012
Visa Expiry - Dec, 2012
Second University joining date - July, 2012
Wife's Interview Consulate - New Delhi
Wife's Interview Date - Jun, 2012

Questions:
1. Wife's passport doesn't have my name on it. Would it be better if she has spouse name on the passport?
2. Is applying for F2 the right choice or any another visa category such as B2 would be better.
3. Since the last rejection was on the claims of marriage being invalid, is there anything we can do better our chances this time around? What additional proof can we provide?
5. Is language of the interview material in such a case? Hindi Vs English?
7. Is certain outfit (Saree, Mangalsutra, Sindoor etc) material for interview?
8. How many times can someone appear for visa interview in a year. Basically how many rejections possible for an individual for any visa category.
9. My Visa is due to expire in 4 months. Is that an issue? For my F1 visa stamping, do i need to travel to home country or can it be done in Canada/Mexico.

Thanks much.
 
3 years ban/180 days

I entered the States on a B1/B2 visa.i was given 3 months of stay on my I-94 , but my goods were seized due to typographical error on the name of the recipient.I had to apply for EOS for 6 months USCIS,my application was accepted and my status put at initial review.I departed the United States after my goods were released to me.

Please note that as at the time i was in the States,i never received the decision on my EOS application until i voluntarily departed after my goods were released to me.Now,i want to visit the U.S and the embassy in my country is asking for proof that all my stay while in the States was granted.

Now,i called the USCIS and was told to file for an 'I-824, form" the decision on my EOS was sent to me and a 6 months extension of stay was approved.This approval was sent to me,February this year 2012.

Here is my problem,the approval that was sent me covered 6 months of extra stay which ended on August 27th,2009 while i departed on 23rd January,2010.Judging by the approval ,i seem to have stayed for extra 5 months which is less than 180 days.Meaning i might have incurred the 3 year ban.

Below is my question;

1) Did i accrue unlawful presence judging that i was never notified,neither did i receive my approval untill i filed for I-824 form.

2) By January 2013,i must have served the 3 years ban since i departed January,2010.Do i need to apply for waiver of inadmissibility by that January or just apply for Visa to U.S.A?

3) Is there any other way around this since the fault is not my at all and i have all my documents and approval to show for it?

Please feel free to advise me .

Warm Regards

Ekiss
 
Priority Date, Stamping and Travel Related questions

Hi Rajiv Sir,
I had couple of question on 3 slighlty different topics . Please see below Appreciate your help and guidance please


************I-140 Priority date porting related-- any successfu example ****************************

• Sir, I know that if a person changes company and has approved I-140 from previous company , we can retain the priority date with new employers GC process. This was mentioned in one of your blogs as well. Question Do we have latest example where this has happened successfully in last couple of months. Have your law firm got the PD successfully ported in last few months ?( both cases where previous employer has revoked I-140 Vs has NOT revoked I-140 ). Sir, I obviously do NOT want to know the name /details etc. of the beneficiary but just YES/NO sort of answers since some online blogs says.. people were not able to port their Priotity Date by changing employer



***************H1-B Visa Stamping Related:-**************************

• I have been granted Permanent Residency in AUS. But per rule I have to make his first visit in next few months.
So while going to AUS for this first visit, can be also get his H1-B VISA stamped from AUS itself from Sydney or Melbourne consulate.Can AUS consulate raise any question as to why he is not going to India for stamping

•I am in process of filing another extension. My current VISA Stamp expired last year after which I got extension of just 1 year based on my I-140 approval. Now I planning to file another extension,as my current extension is expiring soon. So basically if I go for stamping later ( i.e after second extension ), I would have two 797 forms after my existing VISA expired since I did not travel ouside US since last year. Could there be any problem with two 797 forms to show.

•In above case, Would I be required to show two 797 forms ( existing one - expiring soon and potentially new one with future date ) OR only one i.e. more recent one is sufficient to be shown?

•We all heard that these days stamping has become a big issue. What are the most common grounds on which VISA stamping is denied or delayed. Normally if delayed, in how many days things get sorted ?


*********************Travelling outside USA and Status maintainence:-************************

• If I travel outside USA even though my H1-B is valid. Is there a time limit as to how much time can a person stay outside to maintain H1-B status. The reason I am asking is if I am in India or any other country for longer term due to some personal reasons ( 3 to 6 months) , would I continue to maintain my H1-B status.
• Obviously my employer would not generate my salary in above case. Not generating salary while not in USA -- Is that okay legally as well? ( because legally employer has to pay while in US)
• Also currently I am waiting for date to be current to file my 485. Say for example the date becomes current while I am in India, normally USCIS asks for latest pay-stubs with H1-B company for filing any GC process. In such cases if the latest pay stubs are not provided could that cause a problem in 485 filing or any other GC related process. Can I provide older pay-stubs in that case
• Same question, if a person already has an EAD—Can he be outside India for few months and still maintain legal status in USA?


Thanks You
Kunal
 
Approved I130 but married now

Dear All,

I am an Indian Citizen staying in Canada as Permanent Resident from last 3 years. My sister who is US citizen filed I130 in October 2005. I came to US on H1B visa in 2007 and stayed there up to 2009. I got Canadian Permanent residency in 2009 and moved to Canada as permanent resident. In 2009 i got approval of I130 and now it is with NVC.

I got married last year in 2011. Now i need to update my address as well as marital status with NVC. If i do so is there any delayed in process when my I130 is already approved by USCIC.

Do they start processing from beginning or they will just add my wife's name on file?

Your guidance will be appreciated

Regards,
BBN
 
Waiver Status

Hi Rajeev Ji

One of my friend applied for 212(d)(3) waiver for 212(a)(6)(C) case. Its been 7 months since the waiver documentaton is submitted to VFS,Hyd and still he did not get any update.His attorney followed up twice till now by emailing VFS but got the same response that his case is still under review.

1. Usually how long it will take to process these waiver cases ?
2. Is there any alternative source to find the status on his case?
3. Heard that, he can approach congressman who will expedite process...Is that true? If so, is it suggestible to contact congressman on such cases? How to contact them.? Please advise..
 
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