Recording available for download for Aug 27 CONFERENCE CALL

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monica1

monica1

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Recording for this call can be downloaded from http://www.immigration.com/page/free-community-conference-calls

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Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Next call Date: Sept 10, 09
Conference Access Number: 1-785-686-1324
Conference Passcode: 552855

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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These are the questions that were posted in the wrong thread and therefore were not answered in the previous conference calls. They will be covered in Aug 27 call. thanks
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SK2008
Registered User Join Date: Nov 2008
Posts: 3

H4-H1B-H4 Clarification
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Hi Rajiv,

I came to US on H4 in May,2006. And my husband is primary on H1,
changed company in June 2007 and his H1 is valid till June,2010.
That time his company also applied H4 for me, and it is valid till june 2010.
I got H1B in October,2007 and worked till April 2009.
Myself and my husband went to Mexico and got stamped H1B on our passports.
I travelled to India and returned on H1B in May,2009.
Since I am not getting project due to market,my employer asked me to convert to H4.
1)What is the procedure?
I saw in some forums that I can travel out of US and return to US on H4.
Is it correct as I travelled to India on H1B. If not what are the other options.
2) Do they need my curent pay stubs?
3) My husband is going to complete his 6 yrs on H1 by June,2010.
The PERM is going to be filed in this month. Will this create any issues?
Thanks for your help.
SK2008



aafaq.md
Registered User Join Date: Aug 2009
Posts: 1

Hi Rajiv,

I Filed for Green Card through marriage, applied for the process , and now i have a 485 pending notice.. But now the situation is , I lost my passport and I am really confused what to do, If I apply for a duplicate passport in lieu of lost passport, will that make any difference/complication to the application process, How should I proceed??




thethyd
Registered User Join Date: Aug 2009
Posts: 1

Hi Rajiv
i had a petition for my wife (family based i-485), filed privately, we received a RFE requesting for a DNA test for one of the kids that we have. My kids are currently out of the country visiting with their grandparents, i have one month to get the RFE sent back, but the kids do not come back until after the time. I wanted to know if it is possible to get an extension on the RFE or if possible to challenge this request.


abu_maryam
Registered User Join Date: Aug 2009
Posts: 3

J-1 waiver

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Dear Rajiv,

I am an American citizen and my wife used to be in America under J-1 visa and she was able to spend about 1 year and 2 months in her home country. Currently we are residing abroad due to my study. I am planning to file her I-130 petition through the US embassy here (DCF filing) but since she still hasn't fulfilled the 2 year requirement, we were thinking of applying for the J-1 waiver (no objection waiver) first. I have several concerns pertaining to her case:

a) She misplaced her DS-2019. We're trying to retrieve it from her school. If we are not able to get a copy of her DS-2019, can we still apply for the waiver?

b) Is it advisable to proceed for the I-130 petition while we are applying for the waiver or should we wait until we received the waiver? If I-130 was filed in advance, does it get nullified if my wife had to go back and complete her 2 year residency requirement?

c) If the waiver doesn't work out, I am planning to send her back to her home country after I finished my study. Does she have to spend another 10 months only (since she stayed there before 1 year 2 months) or would she have to do a complete two years again?

--
We really appreciate for your assistance.

-Abu Maryam
 
Question from a user

I have applied for visa transfer from H1b to F1 . I was laid off in Dec 2008, My last salary stuff is 01/30/2009. I applied for admission in Jan 2009 in GA college for MBA.They asked for my Transcript and other requirements. my receipt date for I-539 is May 4 2009.( USCIS received in thier office)

I have received letter from uscis for additional evidence on 08.07.09 - ." SUBMIT EVEIDENCE OF THE MOST RECENT STATEMENTS UP THROUGH THE END OF JULY 2009, TO ESTABLISH AND /OR VERFIY THAT YOU HAVE BEEN MAINTAINING VALID H1B NONIMMIGRANT STATUS"

What can be done about this case, shall I submit my pay stuff of Jan30 2009, we need to reply, to reach uscis before 09/09/2009

USCIS will reply in 14 days. Incase they deny , when shall I leave the country, as I do not wants to be illegal .
 
Derivative LPR applicant- Interested in starting a business in home country.

Dear atty. Khanna, Thank you for taking these questions.

I am a Derivative LPR applicant. AOS in process. H-4 (mult. entry) stamped in PP valid until Oct. 2010.
Primary Applicant: Spouse; EB3; PD: Dec. 2002; 140 approved; 485 applied and in process since: July 2007.

(1) During the period of AOS processing, what, if any, provisions exist in the Imm. Law that allow a DERIVATIVE applicant to stay outside the U.S. for an extended yet reasonably limited period of time (such as a continuous stay of 6-8 months) for non-emergency situations, without adversely affecting AOS processing solely on grounds of the length of stay ouside the U.S.?

(2) Would the duration of such stay intended to actively engage as a partner in a partnership business (in India) potentially prompt/invite USCIS scrutiny and raise USCIS’s concerns (albeit untrue) leading to speculations as-
(a) the validity of the derivative status (as due to months of separation from the primary) (b) deemed by USCIS as being demonstrative of DERIVATIVE’s loss of interest in permanent residency in the U.S. thus potentially costing the Derivative h(is)/(er) LPR.

(3) Should recurring visits outside the U.S. by the Derivative with 1-2 months stay in the U.S. in-between visits abroad likely throw any USCIS flags, resulting in potential complications in Derivative’s AOS?

(4) What voluntary steps (such as filing an affidavit with USCIS explaining the reason of stay, supported with copies of Joint Federal Tax Return, applying for an AP etc.) when proactively taken could possibly avert any complications?

(5) I read somewhere about the 'follow to join' filing (with interviewing at an US consulate). How does that work for someone who has been denied an AOS on grounds such as in Q2 above?

Thanks.
 
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Travelling on AP to Germany

Dear Rajiv,

Thanks a lot for your kind community service.

I need to travel to Germany on a business trip this month end for 10 days.
I already got the business visa for the travel. I'm on AP/EAD and my AP is valid till 03/2010.

My question is, this will be my first time using AP and my H1b visa stamping in my passport is expired 2 years back, since then I'm on EAD and I never travelled outside US. What are the necessary precautions / documents should I take care while travelling on AP. I have 2 copies of my AP.

Thanks,
rharan
 
DS 2019 expiring and waiting for hardship waiver, received with USCIS on Dec 16th 08

1- My J 1 waiver case, on the basis of hardship, was received by USCIS on Dec 16th, 2008. The case is still pending. I called the congressman’s office and senator’s office. Per requests, my case has gone for background check and they do not know how long it will take. My current DS-2019 would have expired on Sept 23rd, 09. I got extension of this until Dec 23rd, 09 with leave without pay. My current options are:
a- Get a fellowship and another DS-2019 and wait for hardship waiver to come through OR
b- Apply for underserved area waiver while this case is still pending. My understanding is that I can file for this but whatever goes through first will be in effect and the other one will be cancelled automatically.

2- If I go for option 1a, if my hardship waiver comes, and I apply for green card, how long can it take with labor certification and processing time?
3- If I go for option 1b, and find a job with NIW, after three years when I file for green card, I will not have to go through labor certification, how long would it take to get green card?
4- If I get hardship waiver during a fellowship, would I still be able to file under NIW if I get a job that had offered NIW with underserved waiver, meaning would I be able to utilize this offer even though I go for hardship waiver.
5- I want to thank you in advance for giving advise. It is extremely helpful.
6 = also when should I expect my background check to come back, I think that they started it by end of June 08
7= Thanks,
sfuad 2001
 
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Employer closed on Tax fraud cases , unpaid salaries to employee

I hold a H1 B with a company , which got closed and bank accounts were freezed due to tax fraud , LAC cases in June 2009. My salary got transferred to that freezed account and previous months salary is pending from them.

My Question is:
1) Is there a way to get back the unpaid amount ?
2) Does a complaint in DOL is required?
3) If the company gets the bank account to be opened , what are the steps from an employee to get the amount back? Is that possible for them to open their accounts?How long will that take?


Thanks in Advance.
 
HI,

Applied for I 130 and I485 back in Nov 2006.
Interviewed on April 4th, 2007. Went very well and was told background is pending.
Last week fraud detection unit visited my inlaws because my wife used their address for medicare.
Mother in law told them she lives with her brother because my wife recently missed a court date and suspected that they might me police officers.

I have planned a trip overseas by end of this month and purchased ticket long back.

Question:

Can USCIS deny my case without sending me Intent to Deny letter.

Can i re-enter USA on AP if my adjustment of status is denied.

Any suggestion how should we tackle this situation and should I travel based my AP.
Thanks
 
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Leaving employer around same time as GC approval

1) My husband worked for a company for 2 years before they applied for his GC. Right about the time he was about to recieve his GC , they started owing him his wages. Since it was so close to his GC process being completed, my husband could not retaliate. He had no option , but to leave the company after getting his GC. He started his own company in the same line .After a year, he could not make enough and then switched his line of work. I too started working , to supplement our income.
2) I have 7, 8 trips since the GC .My physical presence is around 916 days.My longest trip was 2 days short of six months .
3) All our tax papers, leases, utility bills are in order.

How much of a risk is there in applying for our citizenships now? Can my husband be deported on his employment change count? And is my physical presence satisfactory ?
 
Hi Rajiv,

I plan to apply for green card this year. If I apply now will I be falling under the quota of India (Origin by birth) or Quota of Singapore.(Citizen of Singapore by naturalization).

Regards
 
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L1B to H1 with premium COS

Rajeev,

Thanks in adv for needful.

I came to US in 2007 march on L1B , then got H1B approved with COS(Change of Status) with different employer in Oct 2008 ,could not join H1B until now,right now iam on same L1B visa with H1 not used so far (Please note I travelled to India for a month in June 09 and came back on same L1B visa)
I would like to take up H1B now before I am sent back in Oct 09 from my L1 employer,

I am requesting my H1 employer to apply for Premium COS from L1B-H1B as I will know about status in maximum 2 weeks,

1. Can my H1 employer apply for L1B-H1B premium Change of status with

a) H1 effective date as Oct 09 giving sometime for me to search for jobs until then this premium also helps me to know the status very soon.question is it possible to apply premium COS with future date as effective date of H1
b) if above is possible , is it necessary for H1 employer to show job offer before applying premium COS ?

2) if premium COS is applied now,I will come to know about premium approval in 2 weeks from now with H1b effective from Oct 09,can my family back in india travel to US on L2 since I will be on L1 until Sept end,I would like to make sure my COS is approved before my i bring my family (my family has L2 visa already but in India)
If it is possible, then what is the process for me to get there H4 from L2 after I start working on H1?

3) will there be any problems with my COS from L1B to H1B since I was out of status from Oct 08 until May 09 (more than 180 days), After may 09 i was back in status since travelled back to US on L1b

Please suggest,

Thanks,
Basav
 
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Dear Rajiv,

Recently I have attended my I-485/AOS interview and Officer told me that everything is fine but visa date is not available and stamped my passport “245 pending” and took my I-94.

Kindly answer below questions if possible.

1. Can I still travel on H1B (I have valid stamp) or should I use AP.

2. I have two I-140 approvals (“Company A - priority date – 2002” and “Company B priority date -2005”), presently I am working with company B and will continue to work with them in future. My attorney filed i-485 in June 2007 at the same time he requested for previous dates re-capture but USCIS never updated in their system. I have mentioned same thing to IO at time of interview and gave him my previous approved labor and I-140 approval copies for his reference. Please advice me the process/approach or best way to re-capture the priority date.

3. What is mean by 245 pending?

Thank you
Sri.
 
I 485 Denied

Dear Rajiv,

My priority date is Oct 04, EB3, Indian Citizen. I got married in Jan 06 and my wife accompanied me to US in Jan 06 on H4 visa. In July 07 when dates became current I filed my I-485 and filed hers as a dependent. We both were given one year EADs in Oct 07 and we applied and got another set of EADs in August 08 with validity of another 2 years. I think none of us have ever used EADs. I have always maintained H1B status; I have been working for my GC petitioning employer since they sponsored my GC.

We have been living separate since Nov 08 and in March 09 I filed for divorce. I moved to a different address in April 09. I think when I changed my address via AR 11, USCIS came to know that we are living separate; I think she never changed her address. RFE was issued to her and in the response she said that she was abused mentally and physically so our cases were moved to “National Benefits Center”. There is no record of abuse or anything, no police record or any medical record exists. I have never been arrested or involved in any criminal activity such as domestic violence. It’s a contested divorce and there is no mention of any kind of abuse anywhere, the only disagreement is child custody.

About a month ago I got a USCIS letter telling me that I must go to a local office for an interview on 8/21. My new immigration attorney (I have to hire new a attorney, because old attorney won't peruse my case because of conflict of interest) has put in request that my interview should be rescheduled to a later date due to some unavoidable circumstances. I was planning on taking my attorney to the interview with me. Few days prior to my interview date, my attorney verbally told me that he has contacts in the local USCIS office and knows for sure that my request to reschedule my interview is in process so I don’t have to be there on 8/21 (original date of interview) for the interview. I did not go to USCIS office on the day of interview, on the same day 8/21, I received an email from USCIS saying that my 485 case has been denied; my wife has also been denied.

I am not sure what kind of proof can my attorney has for putting a request to reschedule the interview.

Please suggest what should I do, I am very worried.

1. What should be my next step in getting getting my I-485 approved when visa numbers become current ?

2. Assuming that my I-485 is denied, can I at-least use my PD to file another PERM / I-140 and eventually a new I-485 ?

Thanks a lot for this service,

Jaiveer
 
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Questions on PERM Application

Hi Rajiv ji,
Namaste! Thanks for doing this community service.

I have a couple of questions regarding PERM application.

(1) Please confirm at what point of time Alien's original hand written signature is required on form ETA 9089 in order for it to be valid?

(2) My PERM Determination date and Expiration date are respectively 04/21/2009 and 07/20/2009. Please let me know if my PERM application needed to be filed during that period? WHat happens if PERM is not filed during that period? Please let me know.

(3) My skill level as provided by the State Workforce Agency came out to be LEVEL II. My job was advertised as Level III in EB2 category. Does it mean that I will come under EB3 category because State Workforce Agency determined that my job role fits in Level II? In this case, would DOL approve my PERM or determine that I come under EB3? What would be my options to go back to EB2 if I come under EB3? Kindly let me know.

Thanks in advance for your great help!


Sincerely,
Bhati
 
Dear Rajiv Sir,

This is an awesome community service you're doing. I really apprecaite your work! I have 2 questions regarding LC Process. Please see below questions.

(1) I have U.S. Masters degree in Industrial Engineering. Now I'm working in a Software company. My current job title is "Quality Process Engineer" performing software testing duties. My employer started my LC process and SWA determined that my Occupation title is "Computer Specialist- All other".

On Form ETA 9089, my attorney mentioned in the section H (Job Opportunity Information- Where work will be performed), field 4-B that "Major field of study" as "Computer Science, Engineering or related field" for EB2 category.

I'm really worried if I would face any issues on getting approval during LC or I-140 stage because my degree is not same as and not related to my work.

I asked this question to my attorney. He says that PERM is for the company, and giving me hard time answering my question. Sorry to bother you but kindly help me as I have been worried about this for a long time with sleepless nights.


(2) California Employment Development Department has determined that the my job role fits in the “Computer Specialists – All Other” classification in the Department of Labor directory.

My lawyer mentioned Occupation title as "Computer Specialist" in "section F: Prevailing Wage Information (as provided by the State Workforce Agency)" instead of "Computer Specialist- All other". Would it cause any issues during green card processing.

If it causes any issues, how to correct the ETA form after it is submitted to DOL. Please confirm.


Thanks and Regards,
Karthik
 
Hi Rajeev,

I am working on L1-A for the last 2 years with company A. In April 2008 I had applied for fresh H-1 through company B. Initially Comp B asked me if I am interested in transferring my L1A to H1-B so that I can start working from Oct 1st 2008 for Comp B but they said I should not leave the country before Oct 1st 2008. But since I was not sure if my Comp A will allow me to stay in US till Oct 2008 because of my projects I preferred fresh H-1 instead of transferring my L1-A. I now have an approved I-797B [I-797B (H-1).] with notice date June 23, 2008 which states that I need to attend for H1-B interview before US consulate in Chennai, India.

My question is -- since I am already here in US ,working on L1-A can I apply for a change of status to H1-B without having to leave US (for a H1 stamping in India). If so which forms need to be filed and could you please let me know the process as my Company B says they are not aware of any such process of status change from L1-A to an already issued H1.

2. Are there any chances that transfer from L1-A to H1-B might get rejected? If so what will happen to my L1-A status? Will it be still valid?

Please advise.

Best Regards,
Suren S
 
Hello Rajivi Ji,

Thank you for all your help.

I got my H1 approved. I have a question about withdrawing MTR appeal on my 1st H1.

Q:what is the process to withdraw pending appeal?

Regards,
Sai.
 
Hello Mr. Rajiv,
How are you doing? Thank you in advance for answering my question. My question is regarding W2-form/Tax.

My employer is sponsoring me for Green Card in EB2 category. Before I joined my current company, I worked for a small IT company in US without pay for about 10 months between 2004 and 2005. I volunteered to work for that company without pay or pay stubs to get experience in IT field.

Upon my several requests, my old employer generated 2 pay stubs in 2005 so I could transfer my H1 visa to a different company. I still have 2 old (fake) pay stubs.

I do not have w2 (tax) from that company for year 2004 and 2005. I have been working with pay since 2006 and have all W2's without gap.

Would you see any issues when I file I-485 or I-140 or during any stage of Green Card Process.? If there's an issue, please let me know how to resolve it.

Kindly provide your inputs.

Thanks,
mohan
 
Can I have an online income on OPT and H1B?

Hi Rajiv,

I am making some money online from domain parking (Similar to Google ad sense) and selling domain names. I wanted to know if I can do this on OPT and H1B. Right now, I am on OPT (My OPT actually expired but it got extended till October 1'st because I got my H1B approved). The Parking Company has to give me some $1,000 now. They have been asking me for the W9 form since April and since I don't know if I can provide them that or not, I have been delaying it and they stopped paying me and that totaled to $1000 now. Can I fill in my SSN in the form and give it to them? I did my masters in Computer Science and Engineering. I cannot really loose the money knowing the state I am in right now. Please give me some advice.

Message by the Parking Company to me:
Your 2009 parking and affiliate payments from us will soon, or have already, totaled more than $600.00. Federal regulations require us to ask you for a Form W9 to make further payments to you without deducting backup withholdings.


PS: You have a nice domain name there and thanks for helping out people :)

Thx,
Rosh.
 
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Thank you for this service, Mr. Khanna.

I am a consultant (on an H1B) that the consultancy firm holds. I have been on the bench for a few months. Yesterday, two men, one from the Department of State, and one from ICE, came to my house and interviewed me about my employer and asked a number of questions about my work situation. They said they are trying to avoid exploitation of workers since I am not getting paid on the bench. They said they are not investigating me, but a complaint against the employer. They asked me not to tell the employer about their visit. I am very concerned about what this means for me. Any help would be much appreciated. What should I do, if anything?

What will happen if the employer gets investigated or prosecuted?
Will they be forced out of business?
How will this affect my situtation, even if I get placed on a project now?
Should I look for a new job (I have no pay stubs, so how do I transfer my visa)?
Also, my I-140 is approved through this employer. If I am successfully able to transfer my visa, how does this affect my green card application?
 
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